Points To Consider
The point system proposed by S.1348 has so befuddled many that creative thinking about the point system is currently an oxymoron. Here are some ideas to get the creative juices flowing:
Finally, CIR is a good time to remind US agencies of their roles and responsibilities. USCIS is a benefits agency and should not have any enforcement components, while CBP and ICE are enforcement arms of the DHS whose priority should be catching terrorists and not catching gardeners, with resources allocated accordingly. Congress may want to remind the agencies of the above through the statute.
- The underlying premise of the proposed points system is based on "What have you done to date?" There are two objections to this: (1) quantitative: Is 1 doctor more valuable to the US economy than 20 dishwashers? (2) qualitative: Is a Nobel Prize winner likely to win another Nobel Prize? Age, rather than past achievement, is a better barometer of future performance. (Those who have a history of high successes may not perform after immigrating, for e.g. Albert Einstein, almost all of whose greatest contributions to science were made before immigrating, by contrast, Nikola Tesla who did not even possess a graduate degree when he immigrated, successfully tamed the Niagara Falls after immigrating.)
- If the point system is good for America eight years hence, it is good enough for us today. Putting the points system into action now for the current family and employment backlogs would provide an immediate test and release additional numbers for creative amendments to the points system.
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S. 1348's Retroactive Effect On Family And Employment Categories Not Warranted - A Proposed Solution
Alan Lee writes "We believe that the answer lies in finding more numbers in a way that is politically acceptable so that no one appears to be opening the floodgates."
How Many Americans In Waiting?
Cyrus D. Mehta writes "While the debate on whether to legalize millions of undocumented immigrants and create a pathway for their citizenship continues to rage, a gem of a book advocates for a paradigm shift on how we ought to be viewing immigrants."
CRS Report On H-1B Workers And Current Legislative Proposals
The Congressional Research Service issued a report discussing H-1Bs in S.Amdt. 1150, which has been offered as a substitute to S.1348.
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Mr. Prchal in his letter (06/01/07 ID) defends his position that the plan is fair by arguing that the situation is essentially a contract in response to my letter's (05/31/07 ID) deeming certain aspects of the Senate proposal to be exploitative in nature. The problem with his letter's analogy is that contracts can be exploitative in nature and routinely become so when one party has no other options and no bargaining power. When people in the US work for less than minimum wage, they are agreeing to the terms of the deal and the employer benefits from their labor - is that fair? Millions of people around the world toil in sweatshops. They are paid and employers benefit - is that fair? No, its exploitation. At least Mr. Prchal and I agree that keeping undocumented immigrants here with no status is exploitation. But I'm wondering how giving someone only temporary rights to stay here (which will open them up to the same abuses the undocumented population now faces due to a lack of full labor rights) is any less exploitative. If employers can threaten them with removal, they will be abused and exploited. I don't care if Mr. Prchal's letter wishes to call me a Marxist, but his letter is wrong to assert that by arguing for the rights of immigrants, I am somehow hurting the cause for fair reform. On the contrary, if we want a system that works, then it has to be just and equitable to all those involved. That will never be attained without raising the issues, exposing the problem of abuse and speaking out against it.
Drew Sieminski, Esq.
Gary Endelman's letter's points concerning H-1B are well taken (06/01/07 ID). But would these points make much difference, if the current CIR proposal to eliminate dual intent for H-1B is enacted? Most H-1B's would be denied anyway, if dual intent enters the dustbin of non-immigrant visa history. I wonder if some pro-immigration advocates are not being just a bit too anxious to give away the store in their eagerness to get the consent of the restrictionists for a "legalization" (a/k/a amnesty) program? Of course, I would like to see a realistic program of this type, no matter what it is called, but the effective date seems to be getting pushed even father into the future with each CIR amendment, and the whole program could just as easily (and probably will) disappear completely in a Senate/House conference on the eve of CIR enactment, leaving us with nothing more than vindictive "enforcement" and a legal immigration system in shambles. It is beginning to look more and more as if the real meaning of "CIR" is "Caving Into Restrictionists".
Roger Algase, Esq.
New York, NY
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