ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Bloggings on Dysfunctional Government

by Angelo A. Paparelli

Editor's note: Here are the latest entries from Angelo Paparelli's blog.

April 10, 2009

Deleting Bad Immigration Memories

The New York Times reported this week on a fascinating scientific study.  Researchers have discovered the possibility that bad memories can be deleted from our minds. The prospect of applying this finding to the world of immigration is even more intriguing.

Imagine if immigration opponents like Norman Matloff, Ron Hira and John Miano could stop blathering about employment-based immigration merely by deleting the falsehoods they spout:

  • Matloff: "Underpayment of H-1Bs is usually in full compliance with the law, with employers exploiting loopholes;"

  • Hira: "Loopholes enable employers to hire H-1B workers at below-market wages;"

  • Miano: "The United States has a very generous immigration policy for skilled workers. America’s doors are wide open to the best minds in the world — both for permanent residency and for guest workers. For high-skilled workers with distinguished ability, the U.S. has “O” temporary guest worker visas, for which there is no numerical limit. The situation is the same for people seeking green cards."

As for so-called H-1B loopholes, Matloff and Hira know not of which they speak.  The dozens of pages of H-1B regulations published by the Labor Department require that H-1B workers be paid the "required" wage - a term defined as the higher of the prevailing wage in the geographic area where the work is performed or the actual wage paid to similarly qualified workers in the same job at the employer's worksite.  In most cases, employers merely use the prevailing wage for the particular job that the Labor Department provides.  Clearly, the Matloof/Hira loophole argument is sufficiently loopy to be worthy of deletion from memory.

Miano's claim is equally forgettable. No process wrapped in the thick red tape of ever-changing immigration rules, policy memoes and press releases that takes years to untangle can honestly be called "generous" and "wide open" -- unless an uncovered manhole can be termed "wide open" and "generous" in that it offers a free ride to the sewer.  Miano also shows signs of amnesia when he describes the "O" visa as requiring "distinguished ability" -- a term that formerly qualified a professional worker for an H-1B visa -- when the "O" actually requires the much more demanding standard of "extraordinary ability."

But immigration memory-deletion should not be taken to extremes.  We want the Members of Congress to remember the politicians who lost their seats in the last election by opposing comprehensive immigration reform. This recollection should be etched forever in our legislators' consciousness as President Obama embarks on the fulfillment of his campaign promise to address our dysfunctional immigration system in his first year in office.