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.