immigrationnews's Journal: New York City Cap on the H1-B Visa and the Green Card

What does a New York immigration lawyer really think about New York's Mayor Michael Bloomberg's decision to thumb his nose at the Congressional mandated cap on the H1-B Visa and the Green Card, by demanding its removal? Not just immigration lawyers , but what does the rest of the country think about his bold move as well?

The Mayor's position on this matter is based on the age-old argument of limiting immigration; some of the population is in agreement, some are not. From his point of view, this cap is detrimental to the financial health of his State.

His position can only be viewed as heartening for the many immigration attorneys that have clients stuck on the outside or in the middle of this argument though Bloomberg's explanation is that if highly skilled foreign workers are not permitted to enter the US, then more businesses in New York will be forced to outsource those jobs to foreign countries, as apparently; there is not enough highly skilled labor within the US work force.

Sounds realistic enough, but would he find the Mayor of Phoenix, AZ, Los Angeles, CA or Miami, FL in agreement? These cities have the reverse problem to an extent, in that their businesses and residents have been crippled under the tax burden of those immigrants who did not come here to get highly skilled jobs, but are here illegally.

These illegal aliens take jobs that could be held by a tax-paying citizen allowing those impaired communities, cities and states to retain the tax dollars that are lost otherwise. Therefore, the law-makers of those States must have heard several loud voices of their constituency before voting for this mandate.

Most of us would need to be an immigration attorney to even begin to understand the indecipherable world of immigration laws, but for the most part, these laws are typically fair and in-discriminatory. So, in an effort to be equitable, the cap is a number, it does not distinquish between skilled or unskilled in its mandates.

First let us look at what those two documents represent;

H1-B Visa – This is a non-immigrant work visa that allows for a foreign worker to be hired by a US Employer for a period of up to six years. The process normally takes about 6-8 months and is completed before the non-immigrant enters the US.

Green Card- This petition could take years to complete and once granted allows for permanent residency but does not allow the ability to participate fully in the democratic process of the USA. Only citizens are allowed that participation.

If you or anyone you know has been affected by this cap, it is suggested very highly that you obtain the services of a reputable immigration law firm. Most firms employ many great immigration attorneys that can better understand the complexities and legal entanglements of our present day immigration laws. And, an immigration lawyer can be your best resource in just trying to understand the latest in a long line of changes to the US immigration system.