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      08-23-2006, 08:49 AM   #14
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Originally Posted by needforspeed
Mr Silver - I would like to hear another view than CMD's.

Clearly a lot of illegal immigrants are working in the US and the economic system (to some extent) may (or may not) actually depend on this.

Why is it that illegal immigrants currently employed in the US cannot obtain work visa's and hence 'correct' their status?

You asked for it.

There is only a certain number of nonimmigrant (temporary) visas available each fiscal year. This is referred to as a cap count for Non-Immigrant Workers.

The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States.

If an individual is inside of the United States unlawfully, they are not eligible to apply for legal status inside of the country and they must return to their native country before they are eligible to return in lawful status.

If an individual is inside of the U.S. unlawfully for a period of more than 180 days but less than one year if they depart they will trigger a 3 year bar the second they depart.

If an individual is inside of the U.S. unlawfully for a period of more than one year if they depart they will trigger a 10 year bar the second they depart.

This means that if you jumped the border you aren't getting a working visa, and if you leave to get one, in many cases you will be barred from returning to the country.

In any event, there are various forms of temporary visas that non citizens may apply for. The H classification is typically what most workers fall into.

The H-1B, Specialty Occupation Visa Category- People with 4 year degrees or their equivalent

The H-1B nonimmigrant visa category is utilized by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes fashion models. The current annual cap on the H-1B category is 65,000.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.

H-2B Seasonal Workers

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers.

Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

On May 25, 2005, U.S. Citizenship and Immigration Services (USCIS) began accepting additional petitions for H-2B workers as required by the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act). The SOS Act allowed USCIS to accept filings beginning May 25, 2005 for two types of H-2B workers seeking work start dates as early as immediately.

For FY 2006, the total annual numerical limit or cap is 66,000.

So what does this all mean:

Basically, there are literally millions of people who want to come to the United States to work as seasonal workers, or in other low paying jobs that United States citizens are not willing to take.

Many Americans make more money by not working than if they take these types of jobs. It doesn't make any sense for someone to bust their ass and get less money than if they do nothing but have multiple fatherless children.

This is a fact.

Our economy would be crippled without our foreign work force. Furthermore, there are jobs that Americans are simply not qualified to take. It is no secret that there is a shortage of qualified United States citizens to fill positions in the world of math, science, and medicine, and our employers can no longer hire qualified non United States citizens because of the unavailability of H-1B visas.

Bottom line:

America is losing.

If you expand the amount fo H-1B visas for specialized workers, as well as expanding the amount of H-2B visas for seasonal workers, there would be a way for U.S. employers to hire people legally, and the illegal work force would dry up.

Not to mention the fact that a legal worker, is paying taxes, which benefits our economy.

Our problem is not that people want to work in our country.

Our problem is that U.S. employers enable undocumented aliens to work here without authorization which makes jumping the border all the more appealing.

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Last edited by MrSilver; 08-23-2006 at 11:17 AM.