On Reforming our Immigration System

I’ve been meaning to write about immigration reform for a few weeks now. But, it’s a difficult topic and I’ve been avoiding it. Then yesterday, I was linked to this podcast by Mike Rowe about American farm workers having a PR problem (or read the text version here). Shortly after, I followed a link to this video clip of United Farm Workers of American union leader, Arturo Rodriguez, on The Colbert Report. The juxtaposition of the two items and their relevance to my own opinions on our current immigration laws convinced me I needed to speak up and soon.


I have almost ten years of experience working on employer-sponsored, work related visas and immigration issues. I know the ins and outs and quirks of almost all of the visas that allow an individual to work in the U.S. And what I’ve noted most frequently about our immigration laws is that they do not fit the needs of either U.S. companies or people who want to make a new life in our “land of opportunity”. When it comes to employment visas, the emphasis is on individuals who are highly trained, educated, or can perform a specialized skill. These visas are important for two reasons. First, they give companies access to skilled, knowledgeable individuals, regardless of their country of origin. Second, they allow U.S. companies to recruit the best global talent, essentially stealing the top talent from other countries so that their achievements and successes are American ones. In both regards, these visas help our economy, even if it could be argued that they take jobs away from American citizens. There are abuses; especially, it seems, within the computer industry, where companies hire only foreigners to staff their office, paying them a lower wage than an American of similar background and skill would accept. However, for the most part, even companies that frequently use the specialty knowledge visas hire more Americans than foreigners.

However, while there are a number of different visas for educated skilled individuals, there are virtually no visas available to unskilled laborers. This makes sense in many ways. If anyone can do the job, why would you need a foreigner to do it? This is a job that could go to an unemployed American. Unfortunately, America has become increasingly separated from manual labor of any kind, skilled or unskilled. They certainly don’t want the unskilled jobs. They want white-collar office jobs, with career advancement and high paychecks. Companies looking for unskilled laborers find it difficult to fill their open positions with American citizens. This is what both Mike Rowe and Arturo Rodriguez are talking about: Mike Rowe, focusing on how Americans don’t value or want blue collar jobs, to the point that the Future Farmers of American have to rebrand themselves; Arturo Rodriguez, so convinced that no American citizen will do the jobs the immigrant population is doing that he’s willing to find anyone who says they are a job.

Another problem with employer sponsored immigration is with the process for sponsoring an employee for a green card. Obtaining an employer sponsored green card involves a complicated, lengthy process. Typically, an employer waits to sponsor an employee for a green card until just before their other visas have reached the limit of any possible extensions (the maximum stay in the U.S. on an employer sponsored visa is usually 6 years). At that point, the employer must document that it was unable to find an American citizen who was minimally qualified to perform the tasks of the individual for whom they wish to sponsor the green card (and by minimally qualified, they mean equal to doing the job when the employee was first hired, 6 years ago). This recruitment proof is not required for any employer sponsored visas, only for the green card. Personally, I think that this requirement should be something the employer needs to show when they first sponsored their visa. Also, if the purpose of these visas is to steal top talent from other countries, the process of making the permanent citizens should be relatively easy; so that they don’t take their six years of U.S. experience back to their home country and become a high-level competitor.

I certainly don’t have the answer to immigration reform. But, I do know our system needs a large overhaul. Reviewing the current system, researching alternatives and proposing reforms will definitely be a full time job for those who undertake it. If I was involved with designing the reform, I would explore how and why employer sponsored visas are abused and methods to prevent such abuse. I would examine the need for an unskilled laborer category, and explore ways to balance company needs for unskilled laborers with the need to employ American citizens and prevent a large influx of unskilled, legal immigrants. I certainly would reexamine the employer green card process and whether it is more complicated than it needs to be. For this I would explore the point systems that Britain and Canada are using (I’m not sold on the point system, but I’d look at them for ideas). I hope that real reform will take place soon and that those who undertake to draft a reform proposal are able to examine and come up with solutions for these issues.

NJ: Where the only thing fresher than the produce is the wait staff

I have the dubious privilege of living in New Jersey. NJ has a bad reputation as a place to live not just in the other 49 states of the country, but with its own denizens as well. One of the things biggest things contributing to NJ’s bad reputation is the local government. Even before The Sopranos became a hit series, everyone knew NJ was the mob's playground. In the eight years I've lived here, I've seen two governors resign and no fewer than three federal sting operations that have brought down multiple officials at a time.


Since the election of our newest governor, Chris Christie, there’s been a lot of talk about the state budget and the gap between income and spending. I’m not an expert in government budgeting, and I recognize that the economy has not been booming for the last few years, but it puzzles me that the state’s finances are as bad as portrayed. NJ has the highest property taxes in the nation and our state income taxes are on par with our neighbor states (not to mention that some of the nation’s top earners live here). Yet despite the increased income one would expect NJ to have over other states, we do not get additional, or even better, services from the government. So I wonder where does the income go, if it’s not going to services?

Along with cutting many government budgets, Christie’s answer has been to attack teacher salaries and benefits, as the reason for the government’s budget problems. While I do take issue with the idea of teachers receiving their health insurance without contribution and having a pension plan in an age where most workers are funding their own health insurance and 401k plans, at least in part, I’m not convinced that the cost of paying our teachers is the reason for the budget gap. My parents live in another state, in one of the highest paying school districts in the country, and yet their taxes are a fraction of those in my town. Personally, I believe the real reason for the budget gap is that NJ has too much overhead; too many niche government positions, held by unqualified, or underqualified, individuals and obtained through nepotism, who are kept employed through inertia. I would love to see the political leaders of NJ take a tough look at the people on the government’s payroll and make the effort to better align its workforce with the work.

Despite its problems, I will grant that NJ has some things to offer its residents. My home is (relatively) close to the mountains and the beach, giving me options for activities. I'm within easy travel distance of both New York City and Philadelphia, giving me access to the culture, jobs market and resource availability of a large city, while still having a green backyard. I might move out of the state eventually, but for now, I just shake my head at the political ridiculousness and make the most of the opportunities the state offers.