US Immigration Rules Hurt Trained Migrants, Nationals

It is claimed that the US immigration laws–especially those governing the H-1B Visas, which enable high-skilled persons from abroad to work lawfully in the nation–do not do justice to the migrants and the nationals.

For the fourth consecutive year, the yearly allocation on the H-1B Visas was filled in just a few days. Even as the mark shows the requirement for more visas, it would allegedly be better in case the US Congress makes some reforms to the H-1B procedure to better protect the rights of the overseas manpower, and reward them for their valuable contributions to the national economy. Allegedly, making the structure better would prove advantageous not just for immigrants, but also for the nationals.

In one is an exceedingly qualified, well-educated overseas employee, the H1-B Visa provides this deal: In case a recruiter gets an H-1B for the person, the latter can do a job for a maximum of 6 years in the US. And in case a recruiter/firm wants to sign-up the person long-term, he can submit an application for a Green Card and stay on a permanent basis.

However, this is the reality: Since 2000, the US Department of Homeland Security gave nearly 50% as many Green Cards to the overseas employees in the US as it gave the H-1Bs. The same allegedly denotes that the Green Card arrangement has becomes backlogged with the H-1B employees who are cooling their heels for the permanent residence position.US Immigration Visa Services

Several have no options except to cool their heels for years. And, to make the affairs worse, the American Congress restricts the residents of a given nation to no more than 7% of the total figure of Green Cards obtainable in a given year.

This sign of race-based immigration quotas signifies that the H1-B holders from densely inhabited nations that produce numerous trained employees have much longer wait times, vis-à-vis those from nations that export comparatively less skilled people. In case one happens to be a college graduate from India, he can look forward to hang around for decades, for the cherished card.

In place of a first-come, first-served procedure that reflects on the importance of talent, and the requirements of the American manpower, the present strategy mechanically reveals partiality against some aliens just because they arrive from a heavily populated nation. The same hardly has any cogent basis.

The US executive branch has made the circumstances worse. Since 1990, the federal administration–thanks to pathetic planning & processing stoppages, just failed to offer approximately 0.5 million of the Green Cards that the Congress had allowed for those years.

The year came to an end prior to they sent out all of the Green Cards the Congress required, in the process, throwing into the buildup several individuals who ought to already be the holders of Green Card.  Worse still, the management continues to wrongly calculate members of family going along with high-skilled employees against the Green Card cap.

As per the related law, the cap for Green Card applies purposely to overseas employees, but not to their families. The law clearly says that kids & spouses shall be allowed the identical position, and the equivalent order of consideration as the employees, but it at nowhere subjects them to the cap.


The outcome of this constraint is that there are more or less 50% as many Green Cards given to workers as have been sanctioned by the American Congress. In case the government appropriately applied the decree, the unexploited Green Cards were recaptured, and Congress cancelled the per-nation cap, the issue of visa buildups would mostly vanish.

The buildup is chiefly sticky as the H-1B employees cooling their heels for the permanent residence position have restricted legal rights. Their partners & kids cannot do a job. They cannot even start a fresh business or get employed by a firm in which they have incomplete possession.

Amazingly, in case the H-1B Visa holders leave a bad recruiter/firm–minus a new job already in pocket—their officially authorized work standing is lost, and so is their position in the Green Card line, besides their right to be in the nation.


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