IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
July, 2009
REPAIRING A BROKEN IMMIGRATION
SYSTEM
Comprehensive reform
of our immigration system is a priority for the
Obama administration and is now being considered
by Congress. What, exactly, is meant by “comprehensive immigration reform” and
why does it matter?
Most folks, including
immigration lawyers, believe that any reform
must provide for securing our borders. By that,
I mean admitting those who qualify and refusing
admission to those who don't. We must be able
to accomplish both prongs of that objective effectively,
or those who are not qualified to enter the United
States will make an end-run at it, ignoring a
system that doesn't work; and those we want to
attract won't bother. Most Americans agree that
our current system has not succeeded in keeping
those persons out who should not be here; but
it also is not succeeding in admitting those
foreign nationals we have always wanted to attract.
For
example, if a United States employer wants to
hire a foreign worker on a permanent basis to
do a job in this country, he begins the process
by advertising for U.S. workers. If no qualified
U.S. workers come forward, he proceeds to file
a visa petition with United States Citizenship
and Immigration Services (“USCIS”). Then, he
waits for years – perhaps ten or more – for a
visa to become available to that worker. This
worker, by the way, is highly qualified, with
at least a bachelor's degree. Since few employers
are willing to hold jobs open for ten years,
few are willing to begin the lengthy and highly
regulated process of advertising and filing – even
for the brightest workers in the world. Employers
of temporary workers, who are typically non-professionals,
face a similar problem: even if they are willing
to navigate the complicated procedures of advertising
and filing, first with the Department of Labor
and then with USCIS, visas may never be issued
to the designated workers because the demand
so far exceeds availability. As a result, our
resorts, landscaping companies, roofing companies
and others are forced to limit their business
because they cannot find American workers, even
after advertising, as required by law.
The admission
of close family members of American citizens
and lawful permanent residents is equally ridiculous:
brothers and sisters of United States citizens
now must wait nearly fifteen years to enter
as immigrants! For a country that purports to
promote family unity with its immigration policy,
permitting an immigration system to function
like this is an embarrassment.
Our economy, our
reputation in the world as a compassionate
and welcoming society, and our identity as a
country that respects the rule of law requires
that we repair all aspects of our immigration
system, not just the provisions designed to keep
people out. Immigration matters. This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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