Legal Immigration Reform

Visa Retrogression and Shortage of Immigrant Visas

October 1, 2007, is the start of a new fiscal year. It is a date many highly skilled workers in the United States have been waiting for, because on that day there may be a slight chance that more visa numbers will be available so their long pending green card applications can be approved. For others, it is a date when they finally are allowed to submit their applications.

It is another day of disappointment. The cut-off dates for EB3 workers are set way back to 2002 or even 2001. This means a fleet of scientists, engineers and programmers, holding at least a bachelor's degree, must wait yet again unless they started the green card journey 5 or 6 years ago. Even for for EB2 workers (advanced degree holders), people from China and India still have to face 2- or 3-year retrogression.

The only solution under the current immigration system: wait. And wait some more. In the mean time, hope the total number of immigrant visas don't run out for the entire year. This is basically how our system is treating some of the world's most talented professionals who have contributed significantly to our economy and technology leadership.

Green Card Processing Delays

People who are early enough, or lucky enough, to get in the pipeline often are left in one backlog after another for years. One of them is the FBI name check, part of the USCIS background checks, which has been holding up over 100,000 applicants for at least a year. Some are stuck in the process for 3, 4 or even 5 years. Imagine you are one of them and have been expecting a permanent resident card for the past five years, and nobody is telling you what could be wrong with your case.

H1B Annual Cap

The total H-1B visas for the entire 2008 were consumed on the first day they became available, six month before they could even be used. The current H1 cap of 65,000 was set in 1990. Seventeen years later, it is about time for our lawmakers to reconsider the number.

On September 11, 2007, 13 governors from California, New York, Massachusetts, Texas, Colorado, Arizona, etc. sent an open letter to the Senate and Congress urging them to act on immigration reform this year to protect skilled workers and help these states.