Home Immigration Lawyer A Reminder to Politicians: You Serve the American People, Not Foreign Nationals

A Reminder to Politicians: You Serve the American People, Not Foreign Nationals


If you ask the common American  – no matter  political beliefs – whether or not the United States needs to be prioritizing Big Tech and its international staff at a time when 11 million Americans are unemployed, the reactions would probably be a mixture of bewilderment and anger. “What?! Why?! That makes no sense!” Unfortunately, within the Bizarro World of Washington, D.C., politicians all too usually appear to see issues very in another way and have their priorities backwards. That applies to immigration as much as nearly another situation. A living proof is the latest passage by unanimous consent (within the center on unrelated flooring remarks) of laws scrapping per-country caps for employment-based inexperienced playing cards.

The invoice in query – S. 386, the so-called “Fairness for High-Skilled Immigrants Act of 2019 – was at the start sponsored by Senator Mike Lee (R-Utah) in February 2019. It has since gained many cosponsors from each events, together with Senator Kamala Harris (D-Calif.), exhibiting that whereas our flesh pressers could disagree on many points, there’s usually a bipartisan consensus among the many political elite with regards to advantages for particular pursuits and international nationals on the expense of odd Americans.

The invoice was being blocked by Sen. Rick Scott (R-Fla.), who ultimately agreed to carry the maintain in alternate for 2 provisions that don’t sort out the center of the issue. When it was despatched again to the House, Rep. Zoe Lofgren (D-Calif.) expressed her disapproval of the additions, which implies that she and Lee are at an deadlock. House and Senate leaders will now have to achieve a compromise on their variations. The remaining nod to the invoice has to return from President Donald Trump. So far, the White House has not indicated whether or not the president will signal or veto the invoice.

S. 386 eliminates the 7 p.c annual per-country caps for employment-based inexperienced playing cards whereas elevating the per-country cap for family-based visas from 7 to 15 p.c. There are different, equally bad provisions within the invoice – which Jessica M. Vaughan from the Center for Immigration Studies analyzes intimately – however the backside line is that the laws would, in follow, permit Indian nationals to monopolize employment-based inexperienced playing cards for the foreseeable future.

The proponents of S. 386 justify this by claiming that our immigration system is supposedly unfair. For occasion, Sen.  Lee has asserted the U.S. country-cap-based association that “rigid, arbitrary, antiquated, outdated,” and that the laws he has been so vigorously pushing “lives up to our founding principles by ending nationality discrimination in our nation’s employment-based green card system.”

The actuality is that per-country caps are a key feature of the immigration system created by the Immigration and Nationality Act of 1965, which ended insurance policies favoring immigration from Northern and Western Europe and changed them with the precept of equal remedy for all nationalities. Indian nationals are thus topic to the identical 7 p.c quota because the residents of another nation.

While it’s true that the Indian employment-based visa backlog is giant and exceeds that of another nation, and the ready occasions are sometimes extraordinarily lengthy, this doesn’t represent “nationality discrimination.” Rather, it’s a direct results of India’s enormous number living (1.four billion) mixed with the dependency of Big Tech and different sectors of the U.S. financial system on international guestworkers, together with H-1Bs (whom “dual intent” permits to ultimately apply for employment-based inexperienced playing cards).

Perhaps, quite than bending over backwards to
accommodate and care for international nationals and particular pursuits, our
politicians ought to contemplate prioritizing Americans, i.e. the those that they
are alleged to serve? Rather than a “fairness” for international staff act, what
Congress needs to be doing is reforming our damaged and abused guestworker
packages, which have change into an inexpensive labor subsidy that permit wealthy and strong
companies to change into even richer and extra strong. Time for actual equity
for American staff for a change!


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