Pope Speaks on Immigration

Posted on September 28, 2015 by Arjun Mishra

Pope Francis’s first US visit was highly anticipated and virtually every step was televised. As the leader of a billion Catholics worldwide and a moral authority, his words carry enormous influence. The pontiff had an opportunity to deliver a speech to a joint session of Congress during his visit. He spoke on many politically divisive topics, one of which was immigration.

The pope’s remarks on immigration resonated with the immigrant beginnings and roots of the United States, touching on themes of hope and freedom. His perspective on immigration emanates from a place of empathy and humanity, exhorting lawmakers and the public to allocate resources to assisting many of the migrants who have escaped brutal poverty, violence, and gang warfare in Central America.

Congress has its hands full this week on immigration and various policy matters, one of which is continuing the government’s operations and avoiding a government shutdown. A continuing resolution has been proposed while a longer-term solution can be worked out. There are four immigration programs that are set to expire this week.

Watch the Pope’s speech here.

I Squared: More H-1B Visas

Posted on January 29, 2015 by Arjun Mishra

The Immigration Innovation (I Squared) Act of 2015 is a bipartisan proposal by the US Senate to encourage the influx and retention of “high-skilled” talent and labor in the United States. The focus of the bill is the H-1B visa, which is for foreigners with a job opportunity, in a specialty profession that requires a bachelor’s degree. The other requirements are that the employer will pay the foreign employee at the prevailing wage or actual wage and that the hiring of the employee will not adversely affect the working conditions for US workers. To obtain an H-1B visa is an entire process for the employer (labor condition agreement, attestations, expenses), and although some employers fall into H-1B dependency, some of the most powerful and wealthy companies (also, small and medium-sized businesses) have clamored for H-1B visa reform for years and years as part of necessary immigration reform to keep American globally competitive. The H-1B visa can be used for a variety of professions – medicine, accountant, engineer – but it seems that its preponderance is located in computer-based professions.

I Squared has specific proposals that please the advocates of H-1B reforms. They are (not exclusively):

Increasing the cap of visas from 65,000 to 115,000;
Eliminating the 20,000 Master’s Degree or higher exempt visas;
Employment Authorization for H-4 spouse visa holders (H-4 visas are for dependents and the recent executive actions intimate at work authorization for H-4 holders);
Exempting dependents of employment-based immigrant visa recipients, U.S. STEM advanced degree holders, persons with extraordinary ability, and outstanding professors and researchers from the employment-based green card cap;
Removing the annual per-country limits for employment-based visas;
Instituting a grant program to promote STEM education and US worker retraining

An important aspect of increasing the visa cap to 115,000 is that number represents the floor on the number of visas to be issued for the fiscal year. That number can elevate to 195,000 depending on demand for that particular year.

Even if this bill were to become a law in short order, its provisions would not apply to the current round of H-1B applications. H-1B applications need to be sent out by March 31 for the April 1 filing date to be considered for October 1, when the fiscal year begins. As the cap is usually reached that first week in October, timing is crucial. The consistent and excessive demand for H-1B visas proves that reform in this category is necessary. Although it seems to have the appearance of bipartisan support, the legislative and political process will still have their say. Senator Orrin Hatch proposed a similar bill in 2013 (with the possibility of a 300,000 visa cap) that did not flourish into a bill. Regardless, we remain hopeful that the H-1B visa system and employment-based immigration will be improved in short order.

November 2014 – Where Is Immigration Reform?

Posted on November 7, 2014 by Andrew Wood

And what of Immigration Reform?

November 2012 seemed to represent a sea of change in the immigration reform stalemate, tilting the balance in favor of comprehensive changes. Recalcitrant opposition at various points following the 2012 election seemed to have blunted any positive impact and in the last two years, all attempts to make comprehensive changes have fallen short somewhere in the legislative process. Many areas demand pressing reform: undocumented migrants (11-12 million), low caps on H1B visas, absurdly long processing times. Even piecemeal attempts have come up empty. An executive order possibility was shelved in September, possibly waiting until after the November 2014 midterm elections to make an appearance.

The executive order possibility was tabled for the sake of scared Democratic congresspersons who feared a presidential action on immigration injuring their chances at re-election. Democrats lost control of the Senate after holding it for eight years and ceded even more seats in the House, giving Republicans an even larger majority. With the Senate and House firmly in Republican control and the White House Democrat for the next years, the signs are inauspicious for immigration reform.

An executive order is promised, but whether that will be able to effect comprehensive change is questionable. President Obama’s June 2012 executive order – DACA (read more about DACA – Deferred Action for Childhood Arrivals – here) – has been the most significant piece of immigration action recently, but it is only a nibble where a larger bite is required to attack the overall plate of problems.

President Bush and Senator McCain were maligned for supporting DREAM Act-esque immigration reform in 2007. Despite the widespread acceptance of the need to solve the myriad of immigration problems throughout the political spectrum, implacable and vociferous opposition seems poised to delay action even more. Considering the adeptness and fortitude that reformers have shown in their efforts to keep specks of immigration reform alive when prospects seem bleak, it is unwise to count on the door being shut on meaningful immigration reform. However, the optimism of November 2012 has definitely been eclipsed.