Tag Archives: USCIS

2011: Will the Undocumented be Counted?

2010 demonstrates what the Democrats lost and what the Republicans may gain.  However, it seems like Newt Gingrich and the Bush Family are among a small handful of GOP Members listening.  The issue: is a legalization really an amnesty? The answer is no.

Who gains from calling a legalization an “amnesty?” I think those that want to encourage everyone to apply, even those who do not qualify, perhaps.  When will immigration attorneys begin to tell the truth?

Congress has passed “registry” and “legalization.” Neither were guarantees of a green card. Many were disqualified and others simply messed up their opportunity due to confusion over the program. Legalization was co-sponsored by Republican Alan Simpson, but  signed by President Reagan.  It was an effort to focus enforcement on newer offenders, since immigration enforcement is pitifully underfunded.

Our current Immigration law boldly states that those delegated by the Attorney General, namely the Department of Homeland Security, “may” place an alien in deportation proceedings. Many are left in limbo due to the lack of immigration judges and underfunded law enforcement.

In the end, when Congress has failed to impose its solutions, it must find rational alternatives. Legalization was an effort to normalize the lives of millions of U.S. Residents, who we depended upon to sustain our U.S. Economy. The challenge was that USCIS had to find a responsible way to evaluate these cases.

With whatever experience is left from the last legalization and registry, Congress should reasonably act to tap that experience for the next before all of these folks retire. Otherwise, it will cost Our Nation much more the next time.

Why some attorneys continue to call Legalization or Registry an amnesty confuses the public and is a disappointment to advocates for reasonable change.


H1-b1’s: The rush and the Immigration flush.

There was a moment when the U.S. had an H1-b professional visa quota of 200,000 applicants.  For about five years, this dropped to 65,000.  The latter amount proved insufficient.  With F-1 foreign Students eager to apply their new education and seek opportunities, the system thrived.  America reached significant economic highs at the 200,000 H1-b1 levels.  This, even if some of the visas were ineptly issued to eager so -called ‘consultants’ by an overwhelmed and underfunded I.N.S.

Americans depended upon foreigners to drive innovation, as usual.  These newcomers had excitement.  They wanted to live in a more free nation that allowed for more liberties and less repression.  They witnessed their parents, who were economically stifled in their home countries.  Many nations victimize the successful until no one sees a need or has the drive to create innovation for econonic and lifestyle gains.

There are some native born U.S. Citizens who may have desired a different sort of existence.  The left academia anticipating that their degree will be sufficient.  They had unrealistic expections about the job market.  When jobs required them to ‘do windows,’ they winced.  Unfortunately, a successful business requires an educated person to do what must be done, not merely call the clerical assistant for a bailout.  Many refused to look for work, abroad.

Well, when the H1-b1 quota dropped, candidates had to find work.  At the time, the need for technical support rose.  This led to a system that allowed for those in Mumbai, India, among other places across the globe to patch in to any computer in the world with consent.  The result was a white collar employment explosion that shot a blow across the U.S. Economy.

In its wake, English speaking nations like Canada (Newfoundland), India, Jamaica, and The Philippines with its cheaper labor and challenged economies filled the gap.  Those foreigners, who were sick of the Labor certification worker immigration visa route abandoned ship for India.  It appeared that they could start businesses in Mumbai after all.  There was a market.  However, America is losing it.

Well, what was America’s loss is a blessing to other nations.  Yet, we can certainly continue to lose more in our shortsightedness.  The need to create jobs is only advanced by the innovation of its Citizens.  If we cannot find a way to reasonably adjudicate the permanent resident applications of those who will likely persist and live on with minor immigration law infractions, then we continue to disenfranchise the population from Citizenship rights.

In addition, in eliminating a INA 245i penalty fee and errecting the ten year bar, we significantly discourage the spouses of U.S. Citizens from ever lawfully completing their immigration process.  We forced them to carefully rethink leaving.

Under the threat of triggering the ten year bar upon leaving, many decided to stay and remain victimized by the U.S. labor system. The INA 212(a)(9)(B) bar on return remains a bridge too far for U.S. Couples.  Now, the rush is in jeopardy.  The flush means that we have too much for too few, who make enough, but have no use for it.  With expendable employees in an economic downturn, the employed will need to find a new market or opportunity.