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Issues Concerning Work Visas For Professional Aliens

America is seen as a place for opportunity where professionals who are aliens from other countries are allow ed to fill jobs in this country that  Americans do not want.  In other words, high  tech industries want more foreign professionals at their disposal.  Foreign professionals tend demand less and work harder because want to stay in our country.  In order for a foreign worker to come into America, they need to have visas. 

Americans and some advocates have asked that more restrictions be placed on the visas.  The reason for wanting more restrictions is based on the threat American workers feel from alien workers.

Understanding The Work Visa


A government grants permission to visit the country, this is a visa.  The host country must place a stamp in the workers passport.  In order to gain a visa the United States has to know the purpose for the visit.  Questions will be asked like: Is the visitor coming to the United States for touring the country, meeting a client, visiting family, for education or are they coming for work.  The visa type a person carries will have different rules and guidelines before they can obtain the visa.  Most visas require that you be in the United States for a limited period.

Understanding The  H-1B Visa


In order to obtain an H-1B visa your credentials need to match the job description based on the U.S. Government’s Occupational Outlook Handbook.  This means the worker must be experienced and educated in the job they require the visa for before they are granted permission.  The H-1B visa allows a foreign individual to gain access into the U.S. for a stated period.  They also are limited in working for a certain employer.

To gain a position with an H-1B visa the business must be a sponsor for the worker.  They must supply reasons why this worker is qualified for the position as well as pay for application fees.

Understanding The L-1 Visa


The visa type L-1 is for alien workers that need a United States transfer.  The transfer must be to a division, branch or subsidiary of the foreign business they work for in their home country.  It may be that the company is still based out of the country, but they need to expertise of the worker in the other branch location.  Applicants for an L-1 visa must work for the company at least a year.  They also have to have one year in the three prior years before applying for the visa application.  The position must use their uniquely qualified skills.  In other words to obtain an L-1 visa the position must require the worker’s skills and the position must be unique enough to warrant the worker to travel to the United States.

Updates On The Developments Of Late

New developments are on the docket to be implemented for the H-1B and L-1 visas.  Technical employers and attorneys for immigrants want lawmakers to change the limit for H-1B work visas.  They also want to make the   L-1 visa easier to get as well.  A bill called pro-visa was recently introduced to help the H-1B.  The visa bill known as the anti- visa was introduced seeking to limit the L-1 visas.  Another bill was introduced to eliminate the H-1B program has been introduced as well.  Currently Congress and the government have been looking at foreign workers in the United States creating a few new regulations.

Facts

Employers must guarantee equitable pay or wages that other workers in their field are making.  In other words, employers must pay competitive wages to the foreign worker in order for the H-1B to be allowed.

Engineers, scientist, or technical workers are considered for the H-1B visa.  This however is not required though, but usually they are.  Others who can apply for an H-1B visa need to demonstrate the professional specifications for the position.  In other words, they must be trained and educated to fall within the needs of the employer. 

The employer must also demonstrate this need during the application process.  The employer must show that it will not have negative affects among other workers when they bring in a foreign professional.  Bringing in a foreign worker cannot affect the other workers benefits, raises, or advancements.

The next fiscal year begins on October 1, so if an employer does not submit their application before the limit has been met they must wait until the next year.

H-1B visas will allow for seeking permanent residence or immigration later on.  This means the H-1B has a double intent.  However, they must apply for immigration or permanent residency within six years.

Arguments For Policies

When considering the argument for the new policies on the visas you need to consider a few things.  First high tech employers know that there are qualified people in the United States, however they cannot find domestic workers with the specific expertise they need to function with. 

In some minds, such as lawmakers, it is felt that it is patriotic and economical to support these high tech companies in hiring foreign workers.  Most of these individuals believe the skilled members who become about of our society will only benefit our country.

Arguments Against Policies

Of course, there are arguments against these lesser restrictions on visa policies.  The labor unions and unemployed individuals feel that foreign workers should not have a chance at these jobs. They maintain that high- tech firms only need foreign workers because they can pay them less money for the position. 

A majority of American techs are unemployed.  Other drawbacks these individuals see are an impact on population, i.e. it is increasing exponentially due to the foreign workers becoming permanent residents. 

Where Bush Stands:


Bush has shown his support in lifting the limit on the H-1B visas in the belief that the long-term solution would be increasing the education of Americans.  In other words he believes if we are tired of not finding jobs in our country because we lack what is needed the education will change to make sure we are gaining the knowledge we need for these jobs.  He wishes to address the issues with the educational programs making them better for Americans.

Bush has made a valid point in that the education system we have needs to be looked at.  Workers need to have the education provided in order to land the jobs.  There are of course other aspects of this argument.  When you look at the economy of the United States most Americans find they need benefits packages, an increase in salary, and other items to survive in the economy.  It is hard for a person to work long hours, and support a family when the salary is not available for the current economic trends.  Therefore, while there are many things that need to change the argument for changing the H-1B and L-1 visas will continue to be important to all of us. 




 

Author

Gus Taperman



 

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