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New Bill Hurts Skilled Legal Immigrants

Friday, June 22 at 12:01 AM

This Speakout has not been edited

By Todd Pepin, Highlands Ranch

The U.S. Senate resumes debate this week on the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 (S. 1348). This bill attempts to address illegal immigration and reform the current legal immigration system. The controversy over what to do about the millions of illegal immigrants in this country has occupied much of the public mind share in recent years, including press coverage, demonstrations, and debate and legislation at all levels of government Drowned out by all the noise over illegal immigration is an issue of critical importance to American industry and tens of thousands of hopeful would-be citizens: the legal immigration system for skilled workers is badly broken and in need of an overhaul.

Of the on-average 850,000 green cards doled out annually over the past decade, approximately 16% (140,000 / yr), are allocated to so-called "skilled workers" - scientists, engineers, medical professionals, and a variety of other occupations. They have at least a bachelor's degree, typically in a technical discipline, and many have master's degrees or doctorates and significant experience in their fields. These workers pay taxes and health insurance, are educated and law-abiding, and they contribute to their communities. Most importantly, they help drive economic growth by supplying critical skills to US industry in an increasingly competitive global market.

The green card process for most skilled workers has traditionally taken 18-24 months. However, in recent years a significant backlog has developed and many current applicants are facing waits of 5 years or more due to bureaucratic bottlenecks at the US Department of Labor (USDOL), US Citizenship and Immigration Services (USICS), and even the FBI. Employers of highly skilled legal immigrants, and the would-be immigrants themselves, were hopeful that this new immigration bill would fix this broken system. Unfortunately, the bill, as written today, actually makes things much worse for tens of thousands of skilled green card applicants.

One particularly troublesome section of the bill, Section 502(d)(2), proposes to invalidate any green card applications not made to USCIS prior to May 15th, 2007. This seemingly fails to recognize that there is a lengthy "labor certification" process that most applicants must satisfy with the USDOL prior to filing a green card applications with the USCIS. As of August 2005 it was estimated that the labor certification backlog was 100,000 cases, and even today many thousands of applicants have been waiting several years to have their labor certification cases adjudicated.

This provision potentially cancels the green card applications of thousands of skilled green card applicants stuck in the labor certification process backlog, and requires them to start all over again with a proposed new green card process. Furthermore, the bill does not call for the new green card process to start for a period of up to 18 months, requiring individuals who have already been stuck in the process for years, to wait still more for their green cards. Finally, and perhaps most egregiously, new restrictive measures on work visas proposed in this same bill, mean that many applicants will not be able to renew their work visas prior to them being able to restart the new green card process, forcing them to abandon their green card applications and leave the U.S. altogether.

Regardless of one's position on illegal immigration, it is makes no sense at all to pass a bill that would both grant a path to citizenship for millions of illegal aliens, whilst simultaneously forcing tens of thousands of highly skilled workers who have been patiently following the legal process, to abandon their applications leave the country. This bill should be fixed so that:

1.Any current skilled green card applicant be "grandfathered in", including those whose have already started started the labor certification process.

2.The cutoff date for the old system should coincide with the effective date of the new system, so that employers and applicants are not left in limbo for an extended period of time.

3.The existing rules for renewing work visas should be kept, so that skilled green card applicants will not have to leave the U.S. due to expiry of a work visa.

Todd Pepin is a resident of Highlands Ranch who has been living and working legally in the U.S. for 10 years. He holds a Bachelor's Degree in Computer Engineering and works as a software development team lead at a major Colorado employer. Todd started working on his green card application in December 2004 and hopes to receive his green card in early 2008 if all goes well.

READER COMMENTS

Hello Todd, You have written - "Section 502(d)(2), proposes to invalidate any green card applications not made to USCIS prior to May 15th, 2007." Is this correct or should it be thought that the applications before May15 2007 will be invalidated.

- Rishi

Posted by rishi trehan on September 29, 2007 07:24 AM

Thank you for your letter and respecting the laws of this country. I am amazed that preference is used toward unskilled rather than skilled in the green card process. We are told that we need masses of unskilled and uneducated aliens to run this country. Please forgive our rulers lack of concern for you. They show little care for their subordinates (citizens)

Posted by Tom on June 22, 2007 07:49 AM