US Immigration Reform: What to expect in 2014

We have been writing about these Immigration Reform posts now for over 5 years and it is largely getting tiresome because it an endless stream of idea, proposals and politics and over that time almost nothing has actually been done that change the situation for foreigners or benefits the US economy as a whole.

President Obama in his State of the Union Address on January 28th didn’t devote that much time to Immigration Reform, especially compared to other recent major speeches. The basic message was to get it done and it seems that he is willing to sign on on partial reforms sent to him by the House of Representatives piece by piece or a modified version of the major reform bill passed by the US Senate in the Summer of 2013.

Funnily enough I have always been skeptical of these types of controversial issues passing in election years (this is a midterm election year), however reading between the lines and almost the fact that not much is being said by other side about Immigration almost leaves me quietly confident. It tends to be when politicians are in the media trying to make crazy arguments that nothing seems to get done but when they are quieter bills seem to pass.

These are my expectations on the main proposed changes of Immigration Reform that the Senate already voted on;

  • Undocumented Immigrants pathway to Citizenship & Dream Act: I expect a modified version of this to pass largely prohibiting citizenship but giving PR / Green Card status after a period of time to most kids brought to the US by parents without documentation probably with an education or military service type provision
  • High Skilled Immigration changes: As most of these changes are largely technical and tend to be agreed upon by both sides I imagine these will pass with increased quotas for the H-1B visa, increased access to Green Cards particularly for STEM graduates and flexibility to hire foreign workers to greater or lesser degree depending on the economic need of the time
  • Low Skilled Immigration changes: This is one of the parts of the Immigration bill that has supporters and opponents on both sides and thus may actually be the toughest to pass. Ultimately new work visa types for farm workers, construction, laborers, etc will largely depend on the business side of the Republican party winning out and convincing members of the need to continue to improve perception particularly with Latino voters. Democrat opposition will come largely from the Unions but since they largely signed off on the original version in the Senate bill and the economy has been improving that should still hold true.
  • Green Card changes: There are a lot of technical changes here to process, quotas, nationality limits, elimination of the Green Card lottery and clearing the backlog of people waiting many years. Ultimately the main change proposed here is philosophical and moving the US away from an immigration system away from a family first system to a merit and economic first system. This would be more in line with the rest of the developed world’s immigration systems. There are things like putting greater focus on foreign entrepreneurs creating startups in the US and less of relative driven immigration particularly foreign brothers and sisters of US citizens and permanent residents. There is a lot of weird coalitions on both sides in favor of and against these changes and other than the elimination of the lottery and equivalent Green Cards made available to high skilled immigrants in stead, these proposed changes will probably face a tougher path ahead to pass in full

E3 Visa Top Employers & Salaries of Australians Working in the US

A few years ago we published a list of the top employers specifically for the E-3 visa and at the time it was the first and as far as I can still only list of US employers who specifically employ Australians under the E-3 visa. Last we looked at the major statistics of E-3 Visa Applications and today we are going to present an updated list of employers along with some new information including average salaries, top jobs that are sponsored as well top locations that Australians work in the US under this work visa.

If you are a regular reader you will know that we have done similar lists for the H-1B work visa which is open to all nationalities and given the data is far more vast because of the volume (approx 16x more issued annually) there is more reason to update that regularly. However the E-3 visa may be the single biggest reason people come to The Visa Coach given there are very few resources online and almost none of these are good except for a couple of personal experience blogs.

Figure 1: Top 30 E3 Visa Employers
E3VisaTop30Employers

What is interesting about the above Top 30 US employers of Australians is that they only represent 13% of all the employees. In other words there is a long tail of employers that have sponsored Australians over the last 12 months, most of which just sponsored 1 person. To be exact there were 3,285 different US employers that sponsored Australians over the last year.

In the above list you can obviously see a lot famous tech companies like Microsoft, Amazon, Google, Apple & Facebook along with some of the major consulting and finance brands like PWC, EY, Deloitte and Goldman Sachs. There are also a couple of well known brands to Australians like Westfield and Macquarie.  In general there is a good portion of the same brands that were on the 2009 list with Microsoft still on top. However there are certainly far more technology brands in the top section than on the employer list from 5 years ago.

Figure 2: Top E3 Visa Denied Application EmployersE3VisaDenialEmployers

This is a new list and largely done as a point of warning about the US Immigration system, the application process and the potential for wasted time and money, corruption and unscrupulous players. This isn’t any commentary on any of the above organizations as I know almost none of them other than Morgan Stanley who is also a Top 30 employer and one other. However these were the top employers who had their visa applications denied for the LCA for the E-3 visa over the past 12 months and you should be wary about anyone asking for money from you in advance to help you secure sponsorship and a US work visa.

Figure 3: Top Locations for Australians to Work in US
E3VisaTopCities

This list is probably largely no surprise to anyone based on general desires of place to live as well the population and nature of industries and companies that Australian professionals are working for in the US. In terms of hard numbers almost 30% work in New York City and about 60% are spread across the Top 12 cities listed here covering 9 different states and the District of Columbia. The 40% other proportion covers 713 different cities and towns around the US so there is broad number of places around America that Australians are working.

An important point to note is note where the denials of applications are happening. In general these are proportional to the applications but not always. New York State (of which over 90% is for New York City) represents 30% of applications but 37% of all denials. In fact New York State has more denials (241) than all other states barring itself, California and Texas have approvals. California is the next highest with 25% of all denials versus 23% of all approvals. With 60% of all denials between these 2 states it is important to realize while the desire might be the highest to move here it also the most competitive for foreigners in general as well as Australians and thus also most prone to non-professional or worse behavior.

Figure 4: Top Jobs for Australians Working in the US
E3VisaJobs
The nature of specifying a job on your ETA-9035(e) application to get your approved Labor Condition Application (LCA) for your E-3 visa is largely based on the way the prevailing wage works and the official sources of information where you can lookup this information. This is why these job titles look funny and broad in nature and may actually differ from the company job title you have that would be on a business card.

These categories in total comprise 54% of the total of all job roles on the E-3 visa over the past 12 months and the remaining 46% cover over 250 other job roles. In general IT Developers, Marketing, Senior Management and Finance roles dominate which correspond strongly with the companies that are top employers.

Figure 5: E3 Visa Salaries for Australian Workers in the US
E3VisaSalaries

For the approved applications over the past 12 months for the E-3 visa this was the annual salary level on the application paid to Australians. As you can see 63% of the salaries are between $50,000 USD and $150,000 USD and about 15% of the salaries are greater than $150,000.

Interestingly a couple of the very low salaries were as low as $17,000 USD and looking at the individual cases they were for farming type jobs in Georgia which would be seen to breach the bachelor’s degree, specialty occupation and prevailing wage conditions. I would guess in most cases these would be denied and may have been denied once they went for the US Consulate interview. The highest salary was one person and was $1.25M USD.