Reasons to Contact Congress for EB Cases Posted Oct 28, 2005 ©MurthyDotCom The U.S. Congress continues to debate comprehensive immigration reform, retrogression, H1Bs, and L-1s. Pending legislation aimed at important immigration matters is of concern to our MurthyDotCom and MurthyBulletin readers. While we at The Law Office of Sheela Murthy lobby on a range of immigration issues and work for the election of those we believe appreciate and understand the immigration concerns of our clients, we encourage our readers to do so as well. [For more information on this important topic, see our MurthyDotCom article, Contacting Congress : You Can Make a Difference – How to Contact Elected Officials!] ©MurthyDotCom Below are some important reasons for getting involved by contacting Congress. Share these with your employers, family members, and colleagues and make a real difference by helping yourself, the immigrant community, the business community, and the United States in the long run. ©MurthyDotCom Employers Must Contact Congress and Present Arguments ©MurthyDotCom Our senators and representatives like to be responsible for positive economic results. When they hear from employers regarding the financial impact of immigration policies, this typically is one of the most significant influences over whether action may occur on a particular legislative matter. Therefore, if an employer is facing business losses or difficulties due to current immigration laws and policies, we recommend contacting the senators and representatives from the area/s where the problems exist to help them fully understand the impact of the flawed immigration policy. Some typical concerns are set forth below. ©MurthyDotCom Inability to Find Workers Qualified, Willing, and Able ©MurthyDotCom The only new H1Bs available at present are for persons with U.S. masters' degrees or higher. As a result, those who obtained U.S. bachelors' degrees or foreign masters' degrees generally are shut out from working in H1B status in the U.S. until at least October 1, 2006. This means that if there are not enough U.S. workers for a position, the position will be left vacant and the work will not be done or, in an effort to survive, the company may very likely send the project offshore. ©MurthyDotCom For positions that do not require at least a bachelor's degree, there are even fewer nonimmigrant visa options. When contacting members of Congress on this matter, the strongest arguments will include examples of the employer's genuine efforts to recruit U.S. workers, including but not limited to advertisements, job fairs, and online recruitment. At this time, it would help to show that efforts were made to recruit among those left jobless by the devastation of the recent hurricanes. The more Congress realizes the time, effort, and finances expended in fruitless attempts to recruit U.S. workers, the more likely they will be to enact laws that will improve the temporary work visa system. ©MurthyDotCom Inability to Attract Top Candidates from Abroad ©MurthyDotCom Due to retrogression, the waiting time to get a green card has become so long that the best and brightest from around the world are dissuaded from coming to the United States to work. Even if a temporary work visa is available for a person, s/he is far less likely to come to the U.S. than would have been the case a year ago because of the incomprehensibly long green card waiting periods. The U.S. has a long history of attracting the top minds from abroad, particularly in the sciences. Without any incentives in the immigration system, many of these sought-after scientists and researchers will pursue opportunities in other countries, making U.S. businesses less globally competitive. ©MurthyDotCom Employees Must Contact Congress, Too ©MurthyDotCom Since the United States historically has been a land of promise for would-be immigrants, many members of Congress may continue to assume that foreign nationals will immigrate here regardless of the legal obstacles. Generally, the elected representatives are swayed more by the opinions of U.S. citizens. The concerns of U.S. employers or business entities and their employees, however, can be influential. Congress needs to hear from those who love the United States but have suffered under its immigration policies or have decided that the situation is too unbearable for them to remain here. Our elected representatives need to understand that this is no longer the only land of opportunity. Growth in the global economy has opened options in many countries, including those from which high numbers of immigrates have come in the past. Individuals who are skilled and highly educated have other viable options. ©MurthyDotCom Lengthy Waiting Period for the Employer-Sponsored Green Card ©MurthyDotCom When it takes years to obtain an employment-based green card, employees potentially are subject to far greater limitations and abuses than if the green card process is shorter or not based on a particular employer. Employees need to share their stories with members of Congress. Those who have suffered directly from lengthy processing times, unable to advance to substantially higher positions because their labor certifications have particular job descriptions, those with employers who intentionally take advantage of employees waiting for the green card – such individuals need to make themselves heard. ©MurthyDotCom Lengthy Waiting Period to Bring Family Members ©MurthyDotCom Even persons who obtained the employment-based green card quickly may still have problems with the immigration system. These lawful permanent residents and eventual U.S. citizens frequently encounter problems in being reunited with their family members. If a foreign national wants to bring her/his parents to the United States, this cannot be managed until s/he becomes a U.S. citizen. Difficulties increase as the parents age or if one parent dies, leaving the other alone. It often becomes complicated for these parents even to gain visitors' visas to see their children and grandchildren. Lawful permanent residents (green card holders) can also be separated from their spouses and children for many years, depending upon their situations. When an employer or attorney shares such stories with members of Congress, it has a more limited effect than when those personally affected share their stories. ©MurthyDotCom Conclusion ©MurthyDotCom It is sometimes easy for members of Congress to get lost in intellectual and theoretical debates. What makes sense in a vacuum is not always practical in reality. Only through gaining an understanding of the personal, daily impact of our immigration laws from the U.S. employers and the foreign nationals affected, will those with the power be able to make fully informed decisions on immigration that will help you in your life. ©MurthyDotCom So each of us can make a difference! Contact your senators and representatives and share your story and the difficulties you encounter in your work and in living in the United States. Bring home the human factor and help to steer a positive course for this great nation! © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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