News reports recently suggest a decline in new worker permits by American companies because of the downturn in the economy. Has that been your experience in Greater Hartford? Are companies importing fewer workers?
The temporary worker visas are down and it is directly related to the economy. Many U.S. companies all over are seeing workers they laid off return home. I have seen some companies file petitions for workers and then notify them before their official start date they are no longer needed. That sends the alien into a panic to find a new employer or figure out how to maintain their legal status.
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H2B visas are down by about 40 percent. Has the drop in those types of visas accelerated the approval process for other types of work permits? Could the down economy be a good thing for immigrants? Do their cases get approved more quickly?
If one category declines, the USCIS will shift its work force to a more backlogged category of cases. That will be a good thing for immigrants in some ways. Because immigration law is so complex, it may only translate into part of a case being done quicker. There are other factors that came into play which affect cases more than the economy.
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What has it been like for workers trying to get green cards on their own?
This question is a multifaceted one. The economy has slowed employers from offering to sponsor workers. If they do sponsor, the Department of Labor process is designed to protect American workers. Many cases that were filled for workers years ago are on hold because there are no available visa numbers (formerly called quota numbers) because there are only so many legal immigrants allowed per fiscal year. On October 1st, there will be an infusion of numbers, but based on the waiting list, persons who filed 3-4 years ago will be taken first. A special bill in 2000 allowed illegal aliens to pay a fine. The problem they face now relates to the haste in filing their cases before April 30, 2011. Employers show as little as income as possible to take advantage of tax laws; however it defeats an immigration case in many instances. The illegal worker was not likely on the books so now the employer must prove they could pay the legal salary, called the prevailing wage, back in 2001. If they showed little or no profit, the case gets denied.
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Does a down economy make it harder or easier for non-citizens to become (naturalized) legal residents?
A down economy affects the employment-based permanent resident categories. If one is immigrating as a family member, the petitioner must prove income sufficient to meet the poverty guidelines plus 25% for the size of their family they support. That figure is difficult to reach when the U.S. relative has been laid off, down-sized, or cannot find a person to assist as a joint sponsor. Many persons asked to be joint sponsors do not want to sign that contract with the government for a non-relative that has the outside time frame of 10 years.
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You have worked as an agent for the forerunner of the current U.S. Citizenship and Immigration Services and now as an immigration attorney. What is the most important thing we need to fix about the current immigration system?
The system is broken many ways. No one thing can fix it. One major issue it that the visa number system prohibits employers from having qualified workers immigrate in a reasonable time period. As I stated earlier, the Department of Labor process requires proof, through a recruitment process, that no U.S. worker will be displaced. Unfortunately, when there are no numbers available or they are backlogged by years, the obvious need cannot be filled.
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How long of a process is it for somebody to be approved as a foreign worker in the U.S.? Does the length of time discourage people from becoming legal workers or are there other issues?
That question depends on several factors related to the many ways aliens can obtain their residence. If the Department of Labor process is involved, that takes time. Then it is a matter of employment category. The country of birth figures into the equation as Mexico, China, the Philippines, and India are more backlogged than the rest of the world. High-end workers who can prove their qualifications can usually get through the process in about a year while bachelor’s degree persons or less skilled workers take several years. The process is very frustrating because an employer cannot wait for a worker. If a worker is illegal, the chance of becoming legal, with one exception mentioned earlier, is nil.
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What issue is coming down the road that could affect immigration and business? Is something lurking out there that could be a building disaster?
The next immigration bill will be a combination of a new form of legalization over a long period of time; revisions to legal immigration and how it is accomplished; an increased effort on border security; and, new employer sanctions penalizing employers who violate immigration laws by hiring illegal workers.
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Reader response:
“Atty. Chapple gave an excellent interview – one that was insightful and clear for non-immigration attys and laymen to understand.” — Patricia Murphy, Esq., LLCÂ
