April 2010 Immigration Wishlist
GREETINGS
NEWS ITEM ONE:
NOTICE TO EMPLOYERS: April 1, 2010 IS THE FIRST DATE FOR FILE A NEW H-1B PETITION
NEWS ITEM TWO:
In the event of Immigration Reform, here is my list of quick and effective changes that the President and Congress should consider:
1. End the H-1B Cap
2. Pass the StartUp Visa Act of 2010
3. Pass the DREAM Act
COMMENTARY
1. End the H-1B Cap
The numerical limitation on H-1B petitions for fiscal year 2010 was a maximum of 85,000. 85,000 workers is a very small percentage of our economy. Workers with specialized knowledge in their individual fields make important contributions to the American economy. They earn high wages and spend their income on consumer goods, real estate, etc…If the economy is prospering, why limit their numbers? With a prospering economy, we need specialized workers to drive the engines of industry.
2. Pass The StartUp Visa Act of 2010:
On 2/24/2010, Senators Kerry (D-MA) and Lugar (R-IN) announced the introduction of legislation aimed at driving job creation and increasing America's global competitiveness by helping immigrant entrepreneurs secure visas to the United States.
The bill, titled the StartUp Visa Act of 2010, will allow an immigrant entrepreneur to receive a two year visa if they can show that a qualified U.S. investor is willing to dedicate a significant sum - a minimum of $250,000 - to the immigrant's startup venture.
The StartUp Visa Act of 2010 would also amend immigration law to create a new EB-6 category for immigrant entrepreneurs, drawing from existing visas under the EB-5 category, which permits foreign nationals who invest at least $1 million into the U.S., and thereby create ten jobs, to obtain a green card. After proving that he or she has secured initial investment capital and if, after two years, the immigrant entrepreneur can show that he or she has generated at least five full-time jobs in the United States, attracted $1 million in additional investment capital or achieved $1 million in revenue, then he or she would receive permanent legal resident status.
Do we not want foreign entrepreneurs? With a struggling economy, I would imagine that such a class of people would prove very valuable. If investors have already committed to funding these entrepreneurs, the government should make every effort to accommodate them. These companies will then hire U.S. citizens and spend money here in the United States. Here is a link to an article on the StartUp Visa Act:
The author describes a situation where two Slovenians had started a company in Slovenia, and secured seed funding to expand their business. They were apparently only qualified for a business tourist visa. They had to ultimately wait outside the country while they secured a more permanent visa. But, if this visa had been available at that time, they could have applied for it. Instead, they had to wait outside the country and, at that time, their presence in the U.S. was critical for their company.
3. Pass the DREAM Act
According to Senator Richard Durbin of Illinois and Rep. Howard Berman of California, about 65,000 high school graduates in the United States every year face limited prospects due to their undocumented status. Most have been in their country for years due to decisions made by their parents when they were children.
Under the rigorous provisions of the DREAM Act, undocumented young people could be eligible for a conditional path to citizenship in exchange for completion of a college degree or two years of military service. Undocumented young people must also demonstrate good moral character to be eligible for and stay in conditional residency. At the end of the process, the young person can finally become an American citizen.
The senators proposed this legislation on March 26, 2009. Why not create hope for young people? This would seem like a great way to accomplish that.
I am not convinced that President Obama has the momentum for comprehensive immigration reform. Health Care Reform will continue to be a contentious issue for him. He should choose instead to support small bits of immigration reform. The StartUp Visa Act and the DREAM Act can create value in our economy.
Sincerely,
Law Office of John M. Manley
