US Immigration

Lately, this is a topic that has been occupying a lot of my thoughts...mainly due to the fact that in July of last year, I relocated from Canada to the US with my company, and now I'm learning just how many roadblocks there are in the US Immigration system.

First, I'd like to say the best line I've heard on immigration policy during the US presidential primaries came from Fred Thompson...he said "We need high fences and wide gates." and I heartily agree. Another good line came from Dennis Miller when he was ranting on the subject and said "...but for God's sake, sign the guestbook on the way in."

I believe that every country has both a right and obligation to control their borders and control who comes into their country. The US is one of the most open societies in the world, and they accept huge numbers of people from all over the world.

First, I want to address some of the just plain stupid stuff that people think about immigrating to the US. One is about "chain migration", where someone, once they get into the US, can bring their brothers, sisters, etc. into the use, multiplying the number of immigrants that are permitted into the US. This came up with the debate this last summer with the "12 million people being legalized and bringing 3-4 others each with them".

OK...the proposal this past summer would have taken an illegal immigrant (and I never use the term undocumented!) approximately 13 years to become a US Citizent (USC). Only USCs can sponsor sibblings to come into the country. The current wait to sponsor a brother/sister to come into the US for a USC is estimated at 30 years...that's right...3 decades. So...let's say I was 21 when this passed. I wait 13 years to become a USC. At age 34, I take my oath and become a USC. Now that same day, I apply for my 2 brothers and 2 sisters to come in. I'll be almost ready to collect Social Security before they can come to the US!!! That's a huge threat to US society!

Now, let's look at the process to come to the US with a job offer...personally, I'm in the us on an L-1B visa, available to employees of US companies who have specialized knowledge, and have worked for the company outside the US.

First, you need to prove that there is no US person, either USC or green-card holder, who is available for your job. This involves advertising the position, both in newspapers and online, along with a review by the US Department of Labor of the recruitment process. This is called Labor Certification and needs to be done as the first step.

Next, you submit a "Petition of Alien Worker" (I-140), and you need an approved Labor Certification to submit this form. You need to prove that you fall into an appropriate category of people who can immigrate to the US.

Now, you wait...there's a concept of a "Priority Date" that you have to wait for. Even though your employer has established via the Labor Certification that nobody wants your job, you have to wait until a quota becomes current. Over the last year, the wait has varied between zero and 65 months for this.

Finally, your Priority Date (actually, the date you file for Labor Certification) becomes current (Yay!). You can now file for "Adjustment of Status" (because you're in the US in another status...both L-1s and H-1b visa holders are allowed to file for permanent residence). This takes from 6-18 months to complete, and you're finally a permanent resident of the US. You're probably 6-7 years from when you first started now.

My biggest question: What is the purpose of the quota? Why, once you've established that there is no US person who is qualified for your job, do you need to then stand in line? Isn't this disruptive to business who need people? I can see quotas to protect jobs and keep foreigners from flooding into the country. I can see the Labor Certification process for the same purpose, but the combination is simply useless redundancy!