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Letters of the Week: Dec 5 - Dec 9

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  1. Richard Gutierrez 's Avatar
    I am a 50 year old 4th. generation Mexican American that is married to a wonderful woman from Mexico and has been forcefully separated by our immigration laws, because I wanted us to live a righteous and legal life trying to follow rules. She has a 10 year bar for illegal reentry for three years and counting. Her only crime ever was to come to this country to help support her family and for a opportunity for a better way in life period. This separation is stressful, and is tearing us apart mentally and emotionally. We desperately need a reform on a family unity act. I have never asked for any handout whatsoever from our government and my wife will not either if I can help it. Please act now for all the family's that have been torn apart from this law.
  2. Niyati's Avatar
    Dear Editor,

    This is great news, but I have been on this ride before, so till I see my greencard, I will stay a skeptic.

    Thank you for your hard work in pushing this bill. Its great to have someone actually pay attention. So thank you again.

  3. Imran's Avatar
    Dear Concerned,
    An immigration bill- HR 3012, that eliminates the per country numerical limitation for employment-based immigrants, and increases the per country numerical limitation for family based immigrants from 7% to 15%, passed the House of Representativeson November 29, 2011 by a vote of 389 to 15, and now on its way to senate floor through senate judiciary committee. By its own terms, the bill becomes effective immediately. Indeed, the quota calculations would be made retroactively to October 1, 2011.
    Why should we care? Because this bill will remove the existing 7% country cap completely in Employment Based green cards, and increase to 15% for Family Based ones. There are four or five oversubscribed countries (India, China, Mexico, Philippines etc) from where a large number of people migrate- and the very reason these country limits were put in a few decades ago was to limit their clogging the system and give others a fair chance.
    You are well aware already of the H1B program that is flooding the market with IT workers - driving down wages, potentially driving some Americans from their field of enterprise, or from starting into this field as a result. There is a new threat that could increase the pace of foreign IT worker influx - HR3012.
    I myself am a legal immigrant who benefitted from the H1B program. However I am in a non-IT STEM field that is under represented as opposed to the vast majority of H1B recipients who are from IT fields. Over 50% of H1B recipients are in the IT field. The H1B program is currently flooding the market with IT workers, which clearly should be a concern to Americans in the field, but it is also making it very difficult for other fields to get professionals that are very much needed such as: Doctors, Nurses, Scientists, Chemists, Biologists, Engineers, Accountants, Architects, Dentists, Veterinarians, Professors, and many other high tech and professional fields. I definitely do not endorse or feel a need to increase the number of H1B visas, in fact I believe an increase to the number of H1B visas would be very detrimental. My point is the current system is hurting your profession and ours.
    Unfortunately they want more. I am aware that big software and IT companies are rallying to increase the number of H1B visas and I sympathize with your struggle against this. I haven't written you to discuss that separate issue. I have written you to discuss another way they are trying to tip the balance -HR3012. In this bill they are pushing to remove the country cap completely from its current 'stated country limitation'of 7%. First to clarify - the 'stated country limitation' of 7% does not mean that no country receives more than 7% of the visas - what is actually happening currently is that some countries receive as much as 30% through a process called 'spillover'. The largest two countries currently receive a large majority of visas this way. Those countries also are the ones who primarily export the IT workers. Those countries are India and China.
    HR3012 is not a change to the H1B system but I hope I can show how the two are related. And how the impact of HR3012 will affect your profession as well. HR3012 is changing the Permanent Residency rules for H1B recipients.
    First by removing the country cap limitation currently backlogged countries will absorb virtually all of the Permanent Residency cards over the next eight years. With the vast flooding of the H1B system by Indian and Chinese IT workers over the last decade this equates to giving all the permanent residency cards to them. Then moving forward since there is no limitation to percentage of permanent residents by country those countries could theoretically receive 100% of the permanent residency visas. Now how does this relate to your industry: People coming from Europe,Asia (Except India and China), Africa, South America, and other North American countries will be greatly discouraged from coming to the US over the next decade because the path to Permanent Residency (which is a very important concern to us) will be clogged. I believe that his will greatly discourage future immigrants from non-IT fields from immigrating, as wait times will be significant. And if non-IT fields are discouraged from coming then many more IT persons will fill the limited H1B system further flooding your industry. Decreasing the prospects of many valuable persons for other industries in the process.
    A better solution than HR3012 would be to limit the number of persons from each profession instead of removing per country cap limitations. This would protect all industries from 'potential' flooding of their markets with foreign workers. There are shortages of high skilled workers in many industries in America - but does the IT industry really need many, many more to stay competitive?
  4. TD's Avatar
    Hello Richard,

    Apply for Nunc Pro Tunc and see if they can waive the bar on your wife. Make sure you hire a good immigration attorney.

  5.  Jim Roberts 's Avatar
    Dear Editor:

    Regarding Fridays (Dec. 2nd) Comment, "The HR 3012 Model", what America needs is not:
    "a new strategy for pushing immigration reform" for foreigners and illegals but a new strategy for citizen/taxpayers and their economic interests. See: "The Houses of Corporate Interests"
    Excerpt: "It is astonishing that while we hear much about the need to help American companies to be as competitive as possible, not one candidate has talked about the need to enable American workers to be as competitive as possible! Certainly there is nothing wrong with companies being successful and profitable- but not when that success and

    increased profits come at the expense of beleaguered American workers!"

    See also Thomas Sowell's article:

    One would think we would have learned something from the 1965 fiasco when quotas were taken off of countries only to see a deluge of new entrants from some previously limited ones. The fraud involved in any such program is also a factor as the following attests: Dr. Norm Matloff On Jason Chaffetz And H.R. 3012: "Either Egregregiously Naive Or

    Egregregiously Deceiving"

    It is excessive entry that understandably results in citizens demanding more stringent entry laws which Obama cannot fully ignore, although they

    do their best. If we had more prudent entry policies in the interests of Americans rather than the Profiteers, there would be more consideration possible for the impassioned plea and plight of the Richard Gutierez situation. All those who have gamed, cheated and fraudulently gained entry here are ultimately to blame for such sad stories.
  6. Marla's Avatar
    Can you not move to Mexico to be with your true love? If you had to chose, would you chose to be in America without her, or be in Mexico with her? How strong is your love since you did not chose to go to Mexico to be with her?
  7. Don Miller's Avatar
    Unfortunate crcumstance for Richard Gutierrez. But don't we all wish at times that because of our own particular circumstances, the law should be relaxed or ignored in just this one case? Did not the Salvadoran ********er and the Mexican trafficker and the Russian mafioso also come to this country to "help support their families and for an opportunity for a better way in life"? Many Americans have expatriated themselves to Mexico and seem to be quite happy there. I lived/worked there for four years. Maybe that's what Mr. Gutierrez should consider.
  8. Joe Whalen's Avatar
    Worth reading:

    Immigration Benefits: Consistent Adherence to DHS's Acquisition Policy Could Help Improve Transformation Program Outcomes, GAO-12-66, November 22 (60 pages)
    Highlights -
  9. Roger Algase's Avatar
    Richard Gutierrez, TD is right. Your wife may be eligible for a waiver. You should consult with a lawyer who is experienced in this area of immigration law.
  10. Vilma N. Fry's Avatar
    Instead of the new open jobs for American citizens expected after the raid, businesses shut down, and the town suffered ... in the state of Iowa.
  11. Richard Y.'s Avatar
    Re : Jim Roberts' letter

    Restrictionists and or protectionists such as Mr. Robert must realize that turning away potential foreigners with advance degree and skills because of we want to "protect" Americans from the competition will make them end up in another countries like Canada, Europe, Singapore, Australia etc. And yes, Americans must still compete with them anyway whether they are here in US soil or in other countries. Many corporations even have a crazy yet brilliant idea about setting an offshore "mothership" 12 miles off our shores on international water to set up floating corporate offices that are not affected by our laws and all those red tapes on immigration paperwork and there is nothing we can do about it because it's perfectly legal. Any Americans who scare to death of competition in this life then I only have suggestion for them to exile themselves to the moon or Antartic with like minded Americans.

    Protectionists are laughable for their unworkable and unrealistic ideas while shopping all those made in China imported junks for the holidays from the big chain stores and preaching hypocritically about "protecting" Americans' jobs.

    I will say yeah right............
  12. Gladys Farris 's Avatar
    Dear Editor

    I believe that USA has always been a country of immigrant who has made this country so great. I believe a chance for modification of attitude from all those who reject any legalization should be considered erroneous. The immigrants that are here now and who have been for more than ten years especially the children should have a chance to be legalized. There is a great percentage of immigrant who are paying taxes without representation to abide by the law. The humanity feelings are not there and somehow we must try to get it back. Gingrich has the right idea.
  13. Francis Henares 's Avatar
    I am an immigrant and it is unfair that I have to go through all the waiting and processing and spending in order be an American. I feel that There should consiquences when you disobey the law. They have been feeding on tax payers money to get their kids to school and medical help. I feel that if they don't get deported, they should payback the money that they owe the government and the taxpayers .

  14. Janvier Jacques Harvey 's Avatar
    let me tell you something republicans and mitt rommey who defended the same positions . listen to me : when you say America you see multi cultural nations live together from different countries to come to prosper America and get an affordable and comfortable situation that contributes to US economy systems growth. and bring peace ,strength and serenity to US families. they come to provide to America, to construct , to rebuild , to renovate and to participate to the restructuring and restoration in America. that's what they bring to America. Proudness , lives , and power. . We have a say in the matter .
  15. Mary Ann's Avatar
    The 1.3 billion indians are not waiting outside the US embassy in india any more. They are already here in USA. Working in banks and big corporations and hiring other Indians and then outsourcing all the jobs to India too. Soon Americans will be lining outside the Indian embassy so they can get their jobs in India.Please stop hr.3012 by be voted under suspension of the rule. It is controversial and needs to be debated extensively. Its a lot of fraud and interests behind this.
  16. Ron's Avatar
    This clog in the immigration system is caused due in inefficient handling of green card cases by USCIS. Had the USCIS handled these pending cases in a swift manner, thie backlog would not have occurred in the first place. Who's to blame? the law-abiding tax-paying immigrant who is still for his green card due to back log OR the USCIS's inefficient handling? May be there should a bill interoduced to address this inefficient handling by USCIS and take steps to have best practices for handling green card efficiently.
  17. Dentists Seattle's Avatar
    It is my honor and privileged to found and read your post. It made me learn a lot of different ideas. Keep up the good work.
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