Out of date immigration protocols are having a negative effect on U.S. families, communities and businesses. The “Border Security, Economic Opportunity, and Immigration Modernization Act” or Senate Immigration bill 7.44 would provide for the best and most positive effects for businesses in particular and would facilitate substantial positive reform in the permanent resident (green card) category. On the other hand, S.744 would complicate the process of acquiring temporary workers such as H1-Bs and L-1s.

Included within the guidelines of S.744 are several indicators which recognize how foreign workers actually benefit the U.S. economy. A brief summary of these points are:

  • Basing quotas for green cards on the number of available workers while exempting workers who are already in job-producing categories.
  • Creating a more realistic H-1B visa cap which is more reflective of the nation’s needs.
  • Doing away with discriminatory visa limits which effect particular countries.
  • Making visas available to those who create jobs within the United States.
  • Reforming the “Conrad 30” program by making it permanent. This program benefits foreign physicians who play an instrumental role in U.S. healthcare.

Although the Senate’s bill does lend itself to many positives, certain aspects should be re-examined. These elements include:

  • Currently skilled U.S. workers work alongside equally skilled immigrants. Under 7.44, the foreign immigrant will receive significant more pay than the U.S. worker, which creates a tense situation or even hostile emotions.
  • A requirement was added which eliminates an “unworkable job” off requirement for H-1B employers.
  • The system put in place by S.744 is unrealistic and impractical system for the recruitment process for H-1Bs

S.744 is growing nearer to Senate vote and as presented, carries with it both positives and negatives. This bill needs more revising so that employers or all sizes can benefit from acquiring foreign labor. Let’s all remember how essential the small business is to the U.S. Opposing amendments within S. 744 that make hiring particular foreign workers is a wise choice for the country as a whole.

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Beeraj Patel, Esq.

Partner at KPPB Law
Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them.
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