common misconception is that an employee who is waiting for
his green card is required to work for the petitioning
consider H-1Bs to be a form of indentured servitude binding
the alien to an employer. The reality of the business world
may be that an employer would not continue the labor
certification process for someone who is not a current
employee. This is a business decision. It is not the law.
couple of points to ponder in a market that changes rapidly:
Which employer is willing to sponsor someone for a green
card first? The person whose GC is being pursued may not be
useful to the business by the time the process finishes. It
is highly unlikely that any employer will pursue this angle.
Since the interest in an employee needs to be current and
the future potential of continuing the employment be
adequate if not phenomenal, process will necessarily be kept
active only if the employee continues with the employer.
this, a green card process will necessarily be started and
kept alive only for those employees that a business values.
And since the risk of terminating the employment and the
green card process is constantly imminent, attributing H1B
employment to indentured servitude seems justifiable.
ensure that the process and people are not abused and to
really achieve the goals of fair employment, equal
opportunity etc., it is imperative to revamp the employment
based green card process for US to maintain competitive
edge. While, a lot of opinions have been aired on what is a
fair process, from the perspective of one who has endured
this process in the recent past, here come a few words of
Quotas for employment-based immigration should be
eliminated. Numbers should be driven purely by the market.
Over a period of time, this type of immigration will lose
H1B - truly temporary employment with a finite time limit
(say 3 years - to be set in stone): People coming for this
type of employment must be offered mobility in choosing
employer/location, spared from paying social security and
any other taxes that immigrants cannot benefit from. Should
this person change his/her mind about temporary employment,
he/she will have to pay the taxes in arrears (say with
interest) to be considered for a conversion to GC.
Direct GC: Sponsoring employer establishes intention to keep
the immigrant employed for at least ?? years (pick a small
number) and then allow the employee to go out to open-market
employment. Any abuse by the employer (not paying correct
wages, etc.) will allow the immigrant to go for open market
employment without affecting the status. Will pay all
form and my gut is that it will be very effective.
cannot simply be a business decision or law. There are
humans involved and hence it should have a human side.