US Immigration Reform 2013

From Mark Zuckerberg to Marco Rubio, Immigration may be the No. 1 political topic of the year for the first time since 2007. However as veterans of that debacle know, just because both side of Congress and a broad spectrum of business and labor unions are pushing for reform does not mean either that anything at all will be done. Then even if anything does get done chances are it will be a poisoned chalice and only benefit foreigners a little while screwing them elsewhere.

Let’s have a look at the state of US Immigration today and what the 14 major pain points are;

1. 11 Million (approximately) illegal immigrants currently in the US

2. Further millions of US born children of illegal immigrant living in the shadows unable to legally attend most Universities and work

3. A backlog of 10+ years for many legal foreign workers who have followed all the rules waiting for a chance to get Permanent Residency unable to change jobs, accept promotions or pay raises

4. Huge unnecessary legal costs attached to most visa processes that serve no purpose other than profit Immigration attorneys

5. Wait times of 3 months to 2 years just to process single applications for basic visa changes

6. Artificial caps on visas like the H-1B visa when the growth sectors of the US Economy like Technology are desperate for more qualified talent so as to further grow their companies and thus the US economy and tax revenues as a whole

7. Foreign workers tied to companies unable to easily change jobs to accept better offers because of illogical transfer processes, costs and wait times

8. Immigration system that incentives doing things like sham marriages or illegal entry or overstaying b/c that is a far less costly and speedier route to living day to day in the US than following the rules and the long wait times

9. So many highly intelligent and talented US educated undergraduate, graduate and Phd students forced to leave the US and thus start companies and create technologies and wealth outside US shores. Immigrant founded companies in the US at large and particularly Silicon Valley has declined dramatically in the last 8 years

10. An ill informed American public that has little idea of how the US Immigration system works let alone the overall history of US Immigration and often the nature of their own ancestral entry and bases their opinions on factually incorrect cable news sound bites

11. The ability for someone to obtain a US work visa makes no sense as a company has to hire a person first and sponsor them which usually means being interviewed face to face. However the US actively discourages people to enter the US for the purposes of seeking employment

12. US Consulate processes for assessing foreign candidates are complex and often contradict processes and approvals received within the US and wait times to gain interviews are often many months making no sense for foreign students and workers to enter the country

13. Family visa sponsorship times for things like spouses of green card holders or brothers and sisters of US citizens are also 5-10 years or more

14. For non-immigrant visa petitions like H-1B, E-3, L-1, etc. there are only approximately 250 USCIS caseworkers to assess the annual 425,000 applications and growing as the economy is improving creating a major log jam for US companies and the economy

So the reality is unless a comprehensive Immigration reform assesses most, if not all, of these issues without attaching arbitrary conditions, criteria and costs it really is not fixing anything. All these things about paying fines, going to the back of line, tying things to borders security, adding more visas with obscure criteria or increasing caps without fixing current processes and wait times and continually incentivizing sham activities are just the status quo.

So while we are all the most confident we have been in many years for some form of Immigration reform we accept the reality that Congress will most likely miss the point, possibly fix one or two issues but then create five or ten more.

Cj

H1B Visa Lottery 2013

So the predictions have come true for H1B Visa season in April 2013 (also known officially with the USCIS as FY2014 as the H1B visas once awarded take effect on October 1, 2013 which is the start of the 2014 Financial Year for immigration).

In the first five days between April 1-5, 2013, the USCIS received 124,000 applications. The problem is there are only nominally 85,000 H-1B visas available of which 20,000 are allocated under the Advanced Degree Exemption for foreigners who complete a graduate degree at an accredited US University. Also some of those H-1B visas are reserved for H-1B1 visas for Chilean and Singaporian nationals under respective Free Trade agreements with US although this number tends to be very small an no more than a couple of thousand annually. It should be noted that most non-profit, education related and government employers don’t have their successful H-1B applicants count against the 85,000 cap. Nor do prior approved H-1B visa transfers or renewals count against the current cap.

So the dreaded H-1B Visa Lottery has come true for 2013. This is the first time since 2008 there has been an H-1B visa lottery and only the third one ever after 2007 and 2008. Both those years had greater number of applications with over 190,000 and 160,000 respectively. So this year based purely on numbers, assuming your application and employment is all fine as well as you as the candidate you would seem to have a 75% chance of having your application assessed and hopefully then approved. There is also a portion of junk applications as well so your chances might be even better than that and certainly better than H1B candidates in 2007 and 2008.

However this is not an easy time for H1B applicants, their family and friends and even their employers. This highlights all that is wrong with the current US Immigration policy where high qualified candidates who will help the US economy as has repeatedly been proven in studies could be sent home when there is over abundance of need and shortage of supply of local candidates.

Note this should not be confused with the Green Card Lottery which is a true lottery based almost exclusively on luck and awards about 55k Green Cards annually to those that enter.

Good luck to all the H-1B applicants in 2013!

Cj