In our years as business immigration attorneys, we have helped countless numbers of employers and foreign-born workers work their way through a very complicated system. On more than one occasion, we have been asked a question that goes something like this: “what makes business immigration to the U.S. so complicated?”
Ironically, the answer to that question is equally complicated. Suffice it to say that ‘easy’ is not an adjective we would normally associate with immigration processes and policies. Sometimes it can feel like immigration law has been purposely made more complicated than it needs to be. But that is a different topic for another post. For now, let us take a look at five things that contribute to the complicated nature of our system.
1. A Complex Legal Framework
At the heart of business immigration is a legal framework governed by a variety of regulations and laws. For example, the Immigration and Nationality Act dictates different processes and rights for obtaining work authorization and permanent residency. The processes and rights differ based on a person’s citizenship status.
Complicated laws and rules could be overcome if they remained static. But they do not. Immigration law is constantly evolving. Just as an example, we are now awaiting a new specialty occupations rule that was proposed by the USCIS last year. If the rule is published with no change in language, it will make the H-1B program even more complex than it already is.
2. Numerous Visa Categories
Here at Graham Adair, the H-1B visa is one of our specialties. But it is not the only visa available to foreign-born workers. Our visa system is broken down into multiple categories. Some of the categories offer dozens of different visas, and some of the differences between visas in the same category are so subtle as to crush any reasonable hope of a worker understanding them. Every type of visa has its own requirements, too.
3. Education and Credentialing
Our business immigration system is complicated partly due to education and credentialing requirements. The previously mentioned rule we are waiting on changes the education requirements related to specialty occupations under H-1B. The rule will make the H-1B program more restrictive.
In terms of credentialing, skilled workers can have all the necessary credentials to work in their home countries – but not qualify to work here. Sometimes foreign credentials are inadequate. Other times, employers simply do not understand a worker’s foreign credentials or how those credentials apply to a U.S.-based job.
4. Inefficient Administration
We immigration attorneys can help a great deal in relation to legal issues. We can help clients get their paperwork in order. We can help them make sure that they file paperwork according to the correct schedule. The one thing we cannot do is change government inefficiency. And unfortunately, administering business immigration in this country is terribly inefficient.
Inefficiency leads to backlogs. It leads to delays that can jeopardize a foreign-born worker’s entry into the U.S. All of this creates additional uncertainty and complications.
5. Political Influences
Finally, the unfortunate truth is that politics influence business immigration. The political climate at any given time can have an enormous impact on the difficulties foreign-born workers face in obtaining visas. We would change it if we could, but we cannot.
The complicated nature of our immigration system is sufficient motivation to seek out the advice of an experienced immigration attorney prior to applying for a work visa. Whether you are an employer or a foreign-born worker looking to come to this country, Graham Adair can help.