Thursday, December 13, 2007

US Legal Employment-based Immigration pains

On Dec 14th, the DOS released what it calls the visa bulletin. This bulletin is a monthly release of visa number information. These visa numbers are are a statistic. A statistic resulting from application of the Immigration and Naturalization act. First enacted in 1952, this act was an important milestone in shaping the immigration policy in the United States. It abolished race based immigration and set the course for future demographic development of the country. 1952 was 7 years after the world war had ended with the US being at the top of the table in terms of its stake in the world and its power. Japan was demolished. Germany was split. Europe was liberated. America had the best science (by some accounts) and technology. China was not a significant power in those days. It was the time when the first of the baby boomers were being born. I was more than 2 decades away from being born. What a different world and what different nation that was. Time flies. Flash forward to 2007. Between then and now, the law has changed a few times. Once it was to change the quota system and then to curb illegal immigration. The quota system still continues the in a similar way till today. This law creates a great system for the people of United States to accept immigrants. It is especially good for the American people to welcome highly skilled labor force into the country to do the tough jobs which need lots of bright men and women. The particular section of the law (I don't know the section number) that brings in highly skilled labor is the one that stipulates employment based immigration. In other words, this section of the law allows American businesses to hire foreign workers for job positions that they cannot fill with American citizens or permanent residents. This list of job positions are controlled by the Department of Labor which maintains a list of jobs that are hard to fill with American citizens and permanent residents. The American employer petitions the United States Citizenship and Immigration Services for an H1 visa for the benefit of a foreign worker. Unlike a visitor visa, this H1 visa is considered a "dual-intent" visa. It means that foreign workers entering the US on a H1 visa have the option of formally expressing a desire to remain in the country permanently. I don't know how better to say it. Let me re-phrase it. It [dual-intent] means that an American employer can petition the USCIS to immigrate the alien worker into the United States. The formal request for doing this is done on the form I-140 by the employer and subsequently or concurrently on form I-485 by the employee. To get to this stage, there is a long wait period until the crucial visa number (created by the Immigration and Nationalization Act) becomes available. You see, only when the law allows can the dual intent immigrants express their immigration intent. Until then, the law allows (expensive) extensions to status quo. Depending on which country one is from, one may have to wait many years to simply be able to apply for an immigrant intent. This wait is very painful for the applicant. During this wait period, applicants are not allowed to change jobs unless they want to start the wait all over again. For example, take the case of a foreign worker who starts a highly skilled job in the United States in the year 2007. This person could have to wait anywhere between 5 to 7 years to simply apply for the I-485 form. During this period, if the person decides to make a career move and the employer revokes the I-140, the person has to start waiting all over again. In most cases, it is impossible to change jobs. In harsh words, you become an indentured laborer albeit highly skilled. It is true. As unlikely as it sounds, it is true. If the person has a spouse who is not highly skilled or by choice did not take a job when in the US, this spouse has to be on a H4 visa. On an H4 visa, this person is not allowed to take a job or any other form of employment at all. No work. I am no expert on this, however, from what I understand, H4 visa holders are not even allowed to do voluntary work. That truly sucks. All this goes on until the visa number statistic becomes favorable. These visa numbers are a statistic. A statistic resulting from application of the Immigration and Naturalization act.
In an unrelated article, I read somewhere that US law defines a mentally incapable person as a person who cannot take decisions on his own volition and whose decisions are heavily and unduly influenced by an external [evil] entity.
From what I am experiencing and seeing many others experience. This is a classic case of dementia. Demented Immigrants and Evil Law.

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