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.