HI All,

I’m new to this blog, and have just registered; I’ve been practicing immigration law for 25+ years.

Those of you who do not already know this, the structure of the U.S. immigration system, the laws and regulations involved, make absolutely no sense (especially to any thinking, smart, or logical individual).

Part of the problem is that we have a system in place designed to ‘immigrate’ many less people, that is, it was not designed for ‘backlogs’. The best example of this is why would someone married to a Permanent Resident have to be separated for years from their spouse? The law was never meant to be applied with a wait - and yet Congress has never revisited the problem. Who or what system keeps people in love apart?

So too on the skilled workforce side of the equation. Why would the government be involved in who a U.S. company can and cannot hire? Of course, making certain that the ‘prevailing wage’, a U.S. wage, is paid makes sense, as does a quick ’security check’. But to force a U.S. business to hire a less qualified American, over a more qualified non-citizen that they actually want to hire…. is that free enterprise and capitalism?

In fact, it’s the opposite and a sure way to stifle innovation and the development of leading edge technologies (and the inevitable expansion and creation of new and good jobs that Americans can compete for, but should not necessarily be entitled to).

And, yes, I understand the irony now unfolding with Congress doing its best to handout “billions, if not trillions” of dollars to failed and mismanaged businesses (it’s the greatest of ironies and absurd on its face).

Of course, the same is true of the H1b program. A program set up to help business temporarily fill needs with highly skilled foreign born professionals (paid at or above prevailing wage). Yet, crazily, we don’t provide enough visas to fill the demand - a year’s allotment runs out in a few days!

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