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Legal, Skilled Immigrants are Languishing in Backlogs

If officials truly value highly skilled legal immigrants waiting for permanent residency, they wouldn't leave them stewing in frustrating bureaucratic backlogs

By Amit Gupta, New America Media

Nov 16, 2006 - I'm a high-skilled, legal immigrant in the United States, and my permanent residency application is pending because of backlogs in the current immigration system. A combination of factors has led to the current backlogs. Some of these factors are periodic legalization of undocumented workers, insufficient resources, procedural inefficiencies, insufficient visa number availability and poor understanding of the legal immigration problem by members of Congress.

The current immigration debate is primarily focused on illegal immigration reform. It's crucial that the contributions of legal immigrants to the U.S. economy be appreciated. High-skilled, legal immigrants are an essential source of certain skills and training lacking in the American workforce. These immigrants' high productivity and quality of work help to keep America competitive. Although, they don't pay taxes at higher rates, they end up paying more when the fees and other costs of maintaining legal status are included.

Furthermore, while contributing to social security on each paycheck, these legal immigrants are not entitled to social security and Medicare benefits unless they've worked for a certain number of years in the United States. They help curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social fiber, is law abiding and favorable towards charitable giving and social participation.

It currently takes anywhere between 6-8 years to process permanent residency applications for high-skilled or "employment-based" legal immigrants. During much of this 6-8 year period:

-Legal immigrants cannot change employers and/or job titles;

-Spouses of the majority of legal immigrants can't work unless they have separate work authorization;

-All major financial and career decisions are on hold;

-Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens;

-Immigrants are reluctant to visit their home countries because of increased scrutiny due to their lack of permanent residency/citizenship privileges. There's no assurance that the immigrant will be able to re-enter the United States even if all the required paperwork is in order;

-Work and Travel Permits need to be renewed every year, i.e., new fees are charged by U.S. Citizenship and Immigration Services for each renewal. This step not only involves financial cost, but also induces fresh anxiety about whether the permits will be approved without problems and on time.

Due to lack of sufficient visa availability, legal immigrant applications are hugely backed up. Inefficient processing of applications by the USCIS, FBI and Department of Labor is an important reason. Some processes move faster while others take unreasonably long. Efficiency in one process is undone by complete lack of efficiency in others. The cumulative effect is tremendous frustration among legal immigrants.

Many backlogged immigrants are actively looking for work in other countries where immigration laws are more favorable and advanced skills are in demand. Obtaining permanent residency in some countries is approximately 75-80 percent shorter than in the United States. The majority of immigrants in top immigration-friendly countries are skill-based, while in the United States skill-based immigration is a minority current. It's clear that the current system is antiquated and needs a major overhaul.

Immigration Voice, a 6,400-strong group representing more than 500,000 skilled, legal immigrants stuck in backlogs, has campaigned to give many members of the U.S. Congress a better understanding and appreciation of legal immigration issues. The SKIL bill introduced by Senators Cornyn and Kyl in the Senate and by Rep. Shadegg in the House of Representatives recognizes the problems faced by legal, high-skilled immigrants.

It's my hope that Congress will address the pending immigration bills after the elections. In the meantime, it is imperative to garner support for legal immigration reform. After all, the efficiency of the legal immigration system will encourage future generation of immigrants to come to America legally.

Will the average American citizen support humane immigration reform, or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand for justice and equality and defend the American dream.

Amit Gupta is a member of Immigration Voice, a nonprofit trying to alleviate the problems faced by legal, high-skilled foreign workers in the United States. IMMIGRATION MATTERS regularly features the views of the nation's leading immigrant rights advocates.