US Immigration Reform: Why The Future is Bleak for Foreigners (and ultimately all Americans)

We often get asked here why things never seem to change in terms of US Immigration Reform and thus why we continue to have situations like;

– High Skilled Immigrants waiting for over 10 years in Waiting Lists to get their Green Card
Foreigners forced to stay in same jobs and forgo promotions, new jobs, help innovation and pay increases for 10+ years (and thus allowing critics to say foreigners are depressing wages)
– Companies like Microsoft are forced to open their R&D innovation center across the border in Canada where the skilled immigration laws are logical (therefore lost tax revenue for the US and less US jobs)
52% of Silicon Valley Companies have at least one immigrant co-founder employing hundreds of thousands of Americans and contribute billions of tax dollars to all Americans (inc. Google, Intel, Facebook, Yahoo, eBay, Paypal, etc.) yet we are forcing these companies to now base themselves overseas
– 84% of the Green Cards issues each year are for family and diversity reasons with only 16% awarded to high skilled talent (this compares poorly with countries like Canada, Australia, etc. where most permanent residents are high skilled talent)
– Thousands of dollars, long application processing periods and illogical visa criteria mean that foreigners constantly live in a state of fear in US
Illegal Immigration continue to remain an issue with no practical solution ever proposed and implemented and thus the issue of Legal Immigration continues to be pushed back

Vivek Wadhwa, who we often reference here has written a piece for the Washington Post about by Americans are so afraid of Immigrants. The reality is that this anti Immigrant sentiment in the US has existed throughout its history, it is just that the target group has changed. The Irish, Africans, Germans, Italians, Russians, Japanese and Jews were all big targets in days gone by for harsh treatment, bad feeling and sometimes actual law prohibiting them doing things. Today it is the Indians & Chinese that largely feel the brunt of anti immigrant sentiment on the legal side and Mexicans on the illegal side.

If you read Mr Wadhwa’s column and the comments underneath as well as watch the video there you will realize why this issue has no end in sight despite what President Obama and Republican Presidential nominee Mitt Romney may say in this Presidential year. Public sentiment in the US in this bad economic period regarding Immigration is low on both sides. There are loud anti-immigrant voices on both sides. On one hand on the right just so myopically focussed on building fence on the southern border and deporting any illegal in site. Then on the left unions and other workers blaming immigrants for their own bleak economic predicaments rather than the American politicians, American CEOs of bankrupt, bailed out and major layoff companies and the wider American populace for running up huge debt.

From a politicians perspective, Immigrants are never a constituency they have to worry too much about because they can’t vote. Generally it is half measure like President Obama’s recent directive to de-prioritize deportation of low risk illegal immigrants (i.e. children) to appeal to the large Latino populace in the country who are often friends and family of these illegal immigrants particularly in important swing states like Florida, New Mexico, Nevada and Colorado. There were 400,000 immigrants deported in 2011, mainly of Hispanic descent and this was clearly a politically motivated decision in terms of timing in an election year.

Because of the medium term benefit of having a pro skilled immigration policy being years in advance (i.e. Sergei Brin studies for 4 years at Stamford, co-founds Google in 1996 which goes public in 2004) not fitting into with the 2-6 year cycle of electing Congressmen, Senators and Presidents, the political will is also low.

While it is the Immigrants who pay the initial price for the status quo and Immigration reform inaction, it is ultimately all Americans that will feel the  brunt of the terrible policies of today. However if you are an Immigrant in the US today continue to persevere in your dream to live in the US regardless of the tough journey that lays ahead. Know that there are thousands of people going through exactly what you are experiencing, having the same questions and fears and enduring the same frustrations and anger that you have each day.

There is small pockets of movements in more modern companies looking at a more egalitarian approach to employment and actively learning more about foreign immigration rules. Hopefully more of these companies and leaders become the giants of tomorrow and are able to effect change. Although Bill Gates and Warren Buffet are huge advocates of much greater foreign immigration for prosperity in the US and even their considerable power and influence hasn’t changed much.

Cj

OPT Expansion for F-1 Visa Foreign Students Working in US

On of the benefits of coming to study at a US higher education university under the F1 visa for undergraduate, graduate or pHD level degrees is the OPT (Occupational Training Program). This OPT program is often one of the major ways that foreign students eventually get full sponsorship via a visa like the H1B visa as it allows them to seek employment without the employer needing to sponsor them or pay additional costs. Thus they get to trial the foreign worker before committing to sponsoring that person under the H-1B visa.

Because of the limit of 85,000 H-1B visas issued each year and in 2012 was exhausted on June 11, 2012, the OPT program becomes invaluable source of talent for many institutions seeking talent particularly in the areas of Science, Technology, Engineering and Math (STEM) where US students enroll in low numbers and don’t meet employment demand.

The F-1 Visa OPT allows a total of 12 months towards practical training, on being certified by the advisor of the usefulness of the work towards goals of the degree, which can be distributed between Curricular Practical Training (CPT) and OPT. CPT is just working while still study as opposed to following graduation. The permission is granted via the International Students Office (ISO) or similar body of the academic institution and like post graduation OPT must be in line with the field of study undertaken.

From the foreign student’s vantage point, they also get to trial an employer as well as the overall US work lifestyle out. So it also helps them decide firstly if their current employer is a great fit or indeed if that is not the case, then allows them to have some US work experience on their resume. That experience combined with time to network within the US work and professional group scene is invaluable to finding other work opportunities that may suit you better.

17 Month OPT Extension

On April 8, 2008, an interim order came from the Department of Homeland Security allowing certain students to apply for up to a 17 month extension of their OPT period bringing up to a maximum of 29 months being allowed to work under this status. This temporary interim ruling was designed to provide a permanent solution to what is known as the H-1B visa “cap-gap”. This is basically when a foreign’s student’s F1 visa status and EAD period has expired during a US Immigration fiscal year (Oct 1 – Sep 30) but prior to them being eligible work under an approved H1B visa which only starts on October 1st. In the past other interim solutions tried to address this issue but only related to someone remaining in the country but not for their work authorization.

The foreign students that are eligible for this are those that have graduated  in areas designated as important to the US economy with lots of open position but a constant shortfall among US citizen graduates. This includes Science, Technology, Engineering and Mathematics, (STEM). The eligible degree fields of study must be within the following;

o Computer Science Applications
o Biological and Biomedical Sciences
o Actuarial Science
o Mathematics and Statistics
o Engineering
o Military Technologies
o Engineering Technologies
o Physical Sciences
o Science Technologies
o Medical Scientist

Computerworld recently released the table below showing the US universities that have been approved for the greatest number of OPT extensions under this expansion of the program. There are over 35,000 extensions that have been approved since 2008 and only 613 denials with a further 5,000 current applications being processed this Summer. So all in all this program has been extremely valuable for US employers seeking much needed talent.

School  APPROVED
Stratford University 1,345
University of Bridgeport 1,076
New Jersey Institute of Technology 650
Illinois Institute of Technology 643
University of Southern California 591
San Jose State University 565
Northwestern Polytechnic University 546
Polytechnic Institute of New York University 484
The University of Texas at Arlington 471
Silicon Valley University 449
Stevens Institute of Technology 440
Texas A&M University-Kingsville 402

Now President Obama’s Administration has quietly instructed a further expansion of this program that has brought the ire of consistent anti foreign immigrant Senator Chuck Grassley of Iowa. The White House has included broad multi-disciplinary category like Information Systems as well as non tech fields like Archaeology, Behavioral Sciences, Urban Forestry and Sustainability. With the increased demand back for the H-1B visa this year, this helps ease the load with an effective 2.5 year buffer for these foreign students to be able to transferred successfully from the F-1 visa to the H-1B visa. This gives a total of about 400 fields that are now eligible under this program.

While this is a positive interim step, let us hope the whole visa and foreign worker legal immigration system is overhauled so it is more logical, efficient and fairer for all so it ultimately benefits the whole US economy at large.

CJ

(USCIS F1 OPT Q&A)