Top 10 Issues Faced By Legal Immigrants in the United States
I’ve been trying to think of a list of the top 10 biggest issues that legal immigrants face today. There are hundreds of applications and each and every one of us has a different story. But many of us share the same kinds of worries at some point or the other. I am sure each of us that’s affected by a USCIS related issue thinks about that more than anything else, but
I think it will be good to keep a list of the top 10 problems that immigrants face today, based on the number of people in that situation and how gravely the problem affects them. For instance, spouses of green card holders abroad having to wait for years before they can live with their partners is ridiculous. Regardless of the number of people in that problem, that is a #1 issue in my opinion, before everything else.
I am starting with a few that come to mind. Please reply and share your thoughts on this issue. I will update accordingly to maintain a list of the top 10 issues to the best of my understanding.
14. Students on F1 visa cannot work on jobs that are not directly related to their course-work as part of their practical training or take up jobs outside of the university campus.
13. Students that come to the country on an F1 visa are expected to lie to the consulate that their intention is to go back to their home countries after their eduction and practical training is complete.
12. International travel is not allowed during several stages of the permanent residency process due to pending petitions, Etc.
11. All USCIS work involves too much paperwork. USCIS often loses paperwork or they are lost in the mail. Applicants are not sufficiently kept in the loop about where their application stands.
10. Why does the labor process ask companies to certify that no US worker is available for a specific position? That’s unreasonable as well. Companies should have the freedom to hire who they want, based on their need, as long as they do it lawfully.
9. Very few opportunities or rights for immigrants to be self-employed or start their own businesses. America needs creative innovative people and this limitation does no good to anyone.
8. Green card applicants that do make it through the first two stages of the process, can now change jobs, but the job has to be same or similar to the job at their original green card petitioning employer. This limits any opportunity for progress or change in career-related goals during the entire green card process and potentially, even afterward.
7. Green card applicants cannot change jobs unless they have an approved I-140 petition. Between the time that the process is started to the approved I-140 takes about 3 years. During that time, they are unable to switch jobs no matter what, unless they are willing to put their permanent residency petition in jeopardy.
6. Predominantly diversity based green card visa number allocation process instead of basing it on MERIT. if you are from india, China or Mexico, good luck trying to get your green card.
5. H1-B Fraud. Consulting companies and head-hunting organizations using up the H1-B quota fraudulently making the system ineffective.
4. H1-B System - Gap between application process (Feb-March) and job start date (Oct 1). So what are the candidates expected to do in the meantime? It’s obvious that they are applying for H1-B’s without real job offers. Companies cannot wait 6 months for a candidate to join, period.
3. H4 visa holders (dependents of H1-B visa holders) have NO work authorization. The law expects smart, talented individuals to sit at home and do nothing for years and make no contribution to the economy at a time when the economy needs them and they need the money.
2. 5-10 year wait time for approval of green card applications, especially if you happen to be from India, China. Mexico, Canada or Philippines.
1. Spouses of green card applicants cannot live with their partners until their own green cards are approved, which, as stated above, can take 3-10 years.
I am sure I am missing many and many of the above can be refined. Please share your thoughts and help make this list current and accurate.
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January 24th, 2009 at 1:00 pm
I just stopped by your blog and thought I would say hello. I like your site design. Looking forward to reading more down the road.
February 1st, 2009 at 2:43 pm
Thanks for stopping by Stacey. Your thoughts and participation is most welcome here.
Thanks,
Srini
February 5th, 2009 at 2:40 pm
Srini,
Great blog. I may reference it in future. One significant issue that people have asked me about extensively relates to the “chicken egg”. What if an application is being renewed, but the drivers license expires. Abuse of the system occurs more when the system is structured so poorly, that valid candidates are being victimized.
Thanks for publishing.
BTW I found this via Digg, while i was registering my own blog.
PMAC
February 5th, 2009 at 10:39 pm
Hi Peter, thanks for visiting the blog. What’s your blog?
February 5th, 2009 at 10:54 pm
My blog is 25dl.blogspot.com. it is the [precursor to a book I am writing called the $25 Lawyer.
It is accessible by clicking my name above.
You are more then welcome for a visit.
February 18th, 2009 at 8:57 am
Your blog and the idea seem great. Good luck with the book.
I am trying to put together an ad program to advertise on this blog. In case you are interested, let me know and I will send you the details once they are finalized.
Thanks,
Srini
March 5th, 2009 at 11:17 am
what puzzles me is the following:
all the above are bery true and they are very severe personal pains and limitations that h1b endure during the gc journey.
however, there are more and more people willing to come here on h1b and limit themselves and deprive themselves of their freedoms: to live with their loved ones, with their friends and family and to cherish other things in life.
so my question is WHY: we are the ones that come here and accept these terms and then we complain. My point is that if U don’t like then quit, and go home. Only in this way H1b will be set free and noticed and given more rights; because the trugh is that H1B are still needed in US.
I think the only way forward to fight for our rights cuz we are still humans….
March 5th, 2009 at 11:40 am
The H-1B Visa is not an immigration visa. It is a skilled worker visa. It was not designed for people who want to obtain a green card. An H-1B is specifically available for quicker processing time, for skilled and in need workers.
Unless you are a defense contractor the maximum you can have on an H-1B is 6 years.
To answer your question, employers want the quickest way to get visas for potential workers. That is the H-1B. They don’t care if you want to immigrate or note. It is chosen for speed by employers, and need by job seekers. If your new job says they only support H-1B applicants, that is what you apply for.
If you are trying to come to the U.S. for good, and H-1B visa is not the best way to go.
March 5th, 2009 at 11:50 am
Last time i checked h1b visa allows immigrant intent and is a bridge visa between non immigrant to immigrant….
and you are right, the way to come to US for good these days it just easier to come through the Mexican - American border. Looks like illigals have more rights than H1Bs.
March 5th, 2009 at 12:05 pm
The H-1B is a NON immigrant visa. It is not designed as a way to allow for immigration. For clarity sake in no way was I inferring that illegal entry is the better way. Clearly it is not. If someone is trying to get admission, they should ensure they understand what the limits to the visa they are applying for are. There are many other visa types that achieve the objective. H-1B is a NON Immigrant Skilled Worker visa. No sense in boycotting something that was never intended to achieve what you wanted.
March 5th, 2009 at 12:15 pm
Ok, I am just gonna go make a fake marriage or apply for a fake assilum.
US does not have a straightforward immigration program like : CANADA, Australia, New Zealand and others.
That is probably why people use H1B to get GCs: after all we are on the endless wait . com web sait….. all users already have h1bs…..
My point is that USA immigration system sucks….
March 6th, 2009 at 8:30 pm
eugene, I tend to side with you on this topic. H1B is a visa without immgirant intention, but that’s only on paper. I just wrote another post on this topic with a video that aired on CNBC on this topic.
March 6th, 2009 at 8:34 pm
Srini, Are you saying that you agree people should opt for border jumping and illegal marriages? An H-1B visa is not an immigration Visa. If people want to immigrate for good why not select another visa choice? Perhaps I am confused of your position. I have worked as an expat in countries that forbid immigration but allow 1-3-6 year work visas. The H-1B in the US is the same. So why the anger over it? I do agree that the immigration policy of countries like Canada, NZ, and Australia are crisper and clearer with their point system (which has its own problems). However you said you agreed with Eugene that border jumping and fake marriages was the way to go. Or did I paraphrase improperly?
All respects.
Peter
March 6th, 2009 at 8:49 pm
Peter, I would never say that border jumping or anything illegal is that way to go. That’s outright crazy and should be stopped, that’s my stand on illegal immigration.
I was agreeing with eugene’s sentiment that treating the H1-B visa holders as “temporary” and making rules that limit their freedom is a very limiting move for the long run. Every single H1B visa holder that I know wants to extend their stay and most of them find a way to legally extend their stay - they apply for a green card usually. It does not make sense for companies to lose talent that’s super productive after six years of working for them.
Regarding your point about using other visas, can you give an example? To my knowledge, others are much more limited and many of the other ones do not not carry immigrant intent either. Unless you win in a lottery, it’s almost impossible as a citizen of China or India to get a green card directly without going starting on an H1-B first.
Srini
March 6th, 2009 at 9:13 pm
I will agree that the choices for immigration are limited (for the msot part) to Assylum, Refugee, Investment, Family Sponsor, and Marital.
I want to ensure my position is clear. I am not saying there is not a problem with the system as a whole. What I do not want to see if a misguided effort on one aspect of an entire infection. Why treat a symptom when you can treat a cause.
Dont attack the fact that an H-1B does not work for you, attack the fact that there is no realistic path to migrate when you have contributed so much, paid so many taxes etc.
It is a broken hodgepodge system. YES. There is little respect to expacts. YES. Is the H-1B visa the source. NO. Is it the Pearl Harbour of US Immigration policy. In my opinion No.
So while I agree there are issues with the H-1B it is only because there is nothing in place as a proper transiete visa with proper protocols etc.
Does that make sense?
With great respect.
Peter
March 6th, 2009 at 9:24 pm
It makes a lot of sense.
Assylum, Refugee, Family and Marriage have not much to do with merit and aren’t something we can plan on anyway. So, to me, those are not serious ways that anyone can consider.
That leaves Investment. Unfortunately, people come here looking for opportunity. If they really had the money to invest in the US (I believe you need to invest a certain $ amount and/or hire America citizens), they wouldn’t really care that much about where they live. They could be living wherever they are and investing wherever they want. Investment is a great option, but less than 0.01% of the world would qualify to be able to pursue it. That still leaves the vast majority of the smart people out and America needs these people.
We need more immigrant visas that are based more on MERIT (instead of primarily diversity) allow people to get in, prove themselves, and become American citizens “soon”.
March 6th, 2009 at 9:28 pm
Let me spin this a complete 100% other way, for the pleasure of allowing my posts.
Does America (Or any country), have a moral obligation not to try to farm talent from less priviledged countries.
Lets say 15 doctors are granted visas on a new immigration Merit model from Kenya. The DR. to patient ratio is 100:1 what it is in the states. By taking those doctors, are we doing a diservice to other countries?
Should we think of this in our clear global market?
Perhaps an article on the issue would be appropriate. If you write one, so will I (on the Candian perspective) and I will cross link.
March 7th, 2009 at 6:32 am
-None of us wants to make H1B a path to immigrate. There is no other alternative for people with merit and from people from China and India. People that come on H1B they are scientist types (most of them) and feel like keeping it on merit and not getting involved in fake marriages or fake asylums, although regretting for not just doing those many years later while being stuck in the H1B path to immigration
-Please fix the system, fix the immigrations. Yes, maybe the H1B is not the Pearl Harbor of immigration but in my view USA should give more attention and respect to H1Bs as they are the brains and people that can create jobs for USA , contribute with their skills and are so much more than simple people that get lucky and win the Green Card lottery. I think USA owes a big one to H1B type and has allowed even corruption to enter in H1B program, simply because of the limitations, in my opinion.
Thanks
March 9th, 2009 at 7:41 pm
I think Eugene and I share what most immigrants believe. All we ask from America is to DECIDE whether they really want us or not. If they want immigrants, make the process fair, fast and reasonable for them. Make it so that the process reflects reality. If people live here for 10 years (for many, 5 years higher studies + 6 years of H1B work), it’s obvious that they would want to have the option to continue on. If you don’t want people, just don’t let them in at all or make it really really short - more like a 1 year maximum duration visa. A 6+ year visa without immigrant intent will just never work in my opinion.
January 21st, 2010 at 11:16 am
[...] wrote about the Top 10 issues faced by immigrants in the US earlier. The H4 work authorization issue was #3. All the top 3 are probably worthy of being #1 in [...]
January 28th, 2010 at 4:48 am
Immigrant who legally , paid tax live in state for 10 years should become Permanent resident with no questions ask unless criminal background.
This is a human right.
United Kingdom treating their legal immigrant far better then United State.
I wish President Obama will make a difference. Not bunch of village monkeys like previous administration.
February 10th, 2010 at 12:09 pm
Peter, I agree that H1B visa is only a temporary skilled worker visa. What eugene said was just a sarcastic joke, not to be interpreted literally. Even my boss told the same “If you want to get permanent residency, goto Mexico and get into the US illegally” and we all had a good laugh at it.
If H1B is not a way to immigrate, H1B visa holder SHOULD NEVER BE ALLOWED to file file permanent residency status in the first place. When a visa holder is allowed to apply legally and get a permanent residency, naturally one would tend to think that, it’s one of the ways to immigrate to this nation.
Ok, if not H1B, what’re the other ways for a technically qualified (engr., architect etc) to immigrate to US ?
Our position is this : US, whether you like it or not, is a land of immigrants. Sons of the soil are no where to be seen. Having said that, why can’t this country make the immigration process streamlined instead of way too much complicated ?
Here’s my 2 cents :
All the visa holders, after having worked and lived for a certain period of time (for eg. 4 or 5 years) are entitled to apply for a permanent residency status. All the applicants will be religiously scrutinized (the way the FBI does the background check and so forth) and grant GC.
But look at how it looks now :
- There’re so many categories of visa (H1, H4, B1, L1 …..)
- Each visa has it’s own sub-divisions (for eg. in H1B, we’ve EB1, EB2, EB3 etc.)
- Each category visas have their own priority dates ;
- Each state has it’s own processing time
- Different application statges (Labor, I-140, I-485, EAD …)
- Travel restrictions while I-485 is pending (one needs to get Advance Parole)
- Needs to keep renewing the EAD after filing I-485
- Restrictions to switch jobs while under GC process
These visa categories provide a ground for discrimination. I can quote an eg. A fellow Indian citizen, who came on L1 visa (applicable to multinational managers) got his green card in just 3 months; bought a house in the next 3 months and SETTLED DOWN. PERIOD. Whereas, I, who came to this country 10 years ago on H1B visa, filed my GC petition under EB3 category in 2005 (with the priority date of Jan-2001) still am waiting for the approval. Nebraska Service center is giving inconsistent responses to our repeated queries keeping us in TOTAL DARK. I couldn’t make wise decisions in personal life due to this issue. I need to keep renewing my H1B and EAD. If at all I want to travel, I need to first apply for parole, wait to get it approved and only then I can fly. If any emergency situations arise, this’ll be a big big hurdle.
Bottom line is this :
This country benefited by immigrants in a huge way, which no one can deny. So, why not simplify the process, removing the complexities and complications so that it’ll be mutually beneficial ?
Has the immigration program intentionally made so complicated ?