The reaching of the FY 2005 H-1B cap has prompted suggestions to carve out an exemption for holders of Masters and Phd degrees. The implicit reasoning behind this advanced degree exemption is that American advanced degree holders are well-equipped to handle competition from alien workers and do not need the same level of protection that Americans who are uneducated would need to compete against imported labor. Examples of higher levels of protection for lower skilled Americans are the "dual temporary" concept and the lack of dual intent in H2Bs, H2As, etc.
The rationale that alien lower-skilled workers need to be capped and not higher-skilled workers flies in the face of the basic principles of economics. Low-skilled workers, if displaced, could only find employment in jobs suitable for low-skilled workers. Highly skilled workers, on the other hand, can perform both high skilled jobs and low-skilled jobs. In other words, displaced high-skilled workers compete both with other high-skilled workers and low-skilled workers. Thus, importation of highly skilled workers is more threatening to the American labor market because the highly skilled worker can cause adverse consequences to both low-skilled and high-skilled workers.
We are not opposing the advanced degree exemption for the H-1B quota. However, our grounds are radically different from the proponents'. We believe that productive immgrants, regardless of skill, expand American output and are therefore to be welcomed. It is true that some will increase output more than others, but output is a combination of quantity and quality, and not quality alone. For example, 100 lettuce pickers may well deliver more output than 1 programmer. Our point is merely that to the extent that Congress seeks to build in protection for domestic labor in the immigration statute, such protections should be targeted at higher-skilled immigrants and not lower-skilled immigrants. So, while we welcome the advanced degree exemption, we call for a complete elimination of the H2B cap as the first step in rationalizing labor import policy (elimination of the "dual temporary" concept and extending dual intent to H2Bs would deliver even more economic benefits).
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Highlights From AILA's Second Annual Global Summit 2004 - Thinking Beyond Borders
Ann L. Lipson, Esq. writes "So, did the presentations live up to the promised objectives? Reflecting on the sessions through a global lens, what did we learn?"
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DOL Issues FY 2005 Transition Guidance For Labor Certs
The Assistant Secretary for Employment and Training of the Department of Labor issued the FY 2005 Transition Guidance for foreign labor certification.
DOS Cable On New Initiative To Facilitate Business Travel
The Department of State issued a cable to all consuls detailing its new initiative to faciliate business travel.
DOS Spokesman Responds To Visa Check Improvements
During a Department of State press briefing, DOS Spokesman Boucher responded to the question, "One of the things he pointed out was that we're speeding up the whole visa process, student visas, tourist visas, business visas; it's getting a lot better."
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Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume and cover letter to Ms. Michele A. Buchanan, Esq. at MBuchanan@wolfsdorf.com. Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.
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Readers are welcome to share their comments, email: email@example.com (300-words or fewer preferred).
I am offended by "Name Withheld by Request" questioning the "ethics" of my hiring an employee of a CIS contractor as a paralegal. If "Name Withheld by Request" believes there is an ethical issue, then he/she should state it, and belly up to the bar and state their name, rather than casting me in a false light by mere innuendo, then hiding behind their black cloak of anonymity. To set the record straight, in fact, my paralegal has absolutely no contact with adjudicating personnel at CIS, and there is no conflict, and no ethical question - I believe "Name Withheld by Request" realized that when he/she used the word "albeit", whatever that means, but couldn't resist taking a cheap shot. After practicing civil litigation and immigration law for 27 years, I believe I can tell when there is, and there is not, an ethical issue.
David D. Murray, Esq.
Newport Beach, CA
If you could be so kind as to e-mail me links to INS documents, INS documents or BIA decisions where it is clearly stated that overstaying it is not applicable to Cuban Visitors waiting for the year required by the CRAA to register as permanent residents.
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In the article "An Opinion Of President Bush's Immigration Score Sheet And Fall Musings", Tom Davis (R-Virginia) a representative from my place has been wrongly termed as anti-immigrant. I never heard him supporting any anti-immigrant measures. On the contrary, he is popular among the recent immigrants and even Democrats in Fairfax county.
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