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Dinkar Jain

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Scott Brown's Pork Barrel Visa

Posted: 02/13/2012 3:43 pm

America's national politicians are usually above blatant vote-bank focused identity politics. That might not apply to Senator Scott Brown (R-MA).

Mr. Brown is facing a tough election this fall. Many voters in Massachusetts are of Irish descent. So, Mr. Brown is eager to pass a bill (S.2005, IRE Act) that will annually provide a quota of 10,500 E-3 employment visas for citizens of Ireland.

Currently, the E-3 visa is only available (many argue unfairly) to Australians. An E-3 visa is generally considered a generous employment visa as spouses of visa holders are permitted to work and the visa can be perpetually renewed every two years.

It is hard to see how Mr. Brown's latest E-3 visa will help America. America should be attracting the best immigrants from around the world, not appeasing Mr. Brown's voters. Here are some facts: the Republic of Ireland's population is less than 5 million. 10,500 visas represent ~0.2% of the total Irish population (and this does not include dependents who would additionally obtain related visas)! In contrast, India and China are home to more than 2.5 billion people, with huge numbers of highly skilled workers, but only get a part of the 65,000 to 120,000 employment visas issued in a year for the rest of the world. Any individual who can analytically and mathematically justify Mr. Brown's argument, that this E-3 visa is a good thing for America, is likely worthy of a Fields Medal and some serious scrutiny.

This story gets worse. In jostling currently underway among senators, it is widely believed that this E-3 visa provision is being linked to the passage of the House Resolution (HR) 3012, Fairness for Highly Skilled Immigrants Act of 2011. HR 3012 seeks to make the green card system of the US fairer by eliminating country quotas to make it first-come first-serve. HR 3012 was passed nearly unanimously in the House in 2011 with only 3% of the members opposing it and was endorsed in essence by the White House in its recent release (See Section 3). It is still awaiting passage in the Senate.

It is ironic that the fate of a fairness-enhancing bill is linked to a pork barrel visa bill which is utterly unfair and self-serving. Further, special visa carve-outs for countries like Ireland and Australia, and the existence of non-population-proportioned green card quotas that HR 3012 seeks to fix, sound woefully like the erstwhile racist immigration policies of Australia (White Australia Policy) and the USA (Immigration Act of 1924) that were dismantled after World War 2.

Mr. Brown won his Massachusetts election on merit, not unfair quotas. In that spirit, he should let foreigners come to the US on their merit, not unfair quotas. He should also try and win his upcoming election on merit, not unfair quotas.

Dinkar has previously written about highly skilled immigration. Click here to read other articles by Dinkar.

 

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01:09 PM on 02/16/2012
Thanks Dinakar, nice article.
05:20 PM on 02/14/2012
people who are thinking that when there is no cap on H1b visa then why should there be any cap on GC application. I think it was governments biggest mistake not to put any quota on H1b visa and more provisioning. That way we would not arrived in this mess created by mostly Indian body shops.

Indian body shop is the reason for the big corporations don't want to hire full time employee. This has become a fact in the industry. There has been cases where Indian body shops file H1b as employee and those employee has never came to US and file for GC.
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doublehappi
06:58 PM on 02/14/2012
thats changing now, since 2008 about 60% of the visas for the body shopping companies are rejected.
Plus - What can they do? I am into IT, I am scared to take a full time job with any company, because, GC process takes 5-7 years, generally started in the second year with the company, post 2008 almost no company in america can be safe for a long term commitment, (they may fail too) if they dont fail - what are the chances they will not oursource and let you go ? and if you are let go, in 10 days you are on the road - the road to going back , leaving your home, car, stuff and friends here (not that there is anything wrong with it, but Uncool to do that without plannig, especially if you have kids and you have to pull them out mid year)
Norm
Read think read analyze read comment
12:56 PM on 02/14/2012
Mr. Brown is my senator and I am part Irish and I have been meaning to write him about this issue. It appears blatantly racist and many of us in opposition to illegal and some legal immigration practices don't think the Irish should be getting a leg up any more than any one else. I'm not sure this is a winner for the Senator.
09:42 AM on 02/14/2012
The best people from around the world, including India and China do NOT have to wait in line. They are the people in the EB1 and EB2 categories.

Those complaining about long waits in line are average people (i.e. those in the EB3 category) doing average jobs that average Americans can do in their sleep. There is nothing special about them at all.

Frankly, I am not sympathetic to your long waits. It's not a life and death situation for you if you have to wait. You can always return to your home country if you are not pleased.

HR 3012 is ironically an unfair visa - to the rest of the 193 countries. India and China only make up 54% of all pending applications in EB3, why should they be entitled to 85% of all green-cards in 2012? and 90% in 2013 and 2014? and beginning 2015, as many as they want?

The Indians keep asserting that they're incredibly smart people and therefore deserve no limits. Why should they? Because the rest of the world does not produce smart engineers, innovators, artists, and leaders?

With HR 3012, you can kiss work-place and cultural diversity a looooong good bye. Cheers.
03:13 PM on 02/14/2012
I'm Indian and in the EB2 category, so thanks for the vote of confidence in my abilities (as one of 'the best people from around the world'). Still, I have been waiting in line. Since 2007. They tell me that I will get my green card soon, but it would still have been a 5 year wait. Guess how long my Canadian and Ugandan colleagues waited? That's right, not at all.

And India and China aren't asking for any visas, let alone 85% or 90%. People born in those countries are merely asking that their place in line be respected. Equal wait for equal abilities.
09:42 PM on 02/14/2012
Sorry for your long wait, but it isn't my fault India flooded the USCIS.

Seriously, if you want FIFO, then demand to add a clause to the bill that would revoke ALL labour substitutions. And since India has the most applications, it's safe to say Indians have also filed the most labour subs. Those guys jumped the queue. Not me. And hopefully not you either. They are the ones who are holding up your application.

Revoking all labour subs of all pending applications and forcing them to apply for PERM on their own merit (not someone elses' that they purchased) would be a truly fair system. And it would make the wait shorter for you, for me, and all other immigrants from India and the Rest Of the World.

Since Indians love to come up with analogies of waiting in line at Starbucks, or Pizza Hut, would you allow anyone to cut the line there? No? Then revoke all labour subs.

You game?

No clause to revoke labour subs, No HR 3012.
08:58 PM on 02/14/2012
I went to Ivy school here in america and did 4 year Bachelors ..graduated in 2006...I make 6 figure salary now...does any of this sound Average to you? I have been waiting in EB3 forever and there is no hope...people from other countries have no wait time at all. HR3012 is about first come first serve..
12:13 PM on 02/15/2012
So? India over applied. If it weren't for caps, everyone else would be locked out from getting a visa because the sheer number of Indian applicants would consume most of the greencard supply. Hey, If my country over applied, my wait too would increase too. like I said, you can always go home of you're not pleased. Be happy that you're even getting a chance to immigrate.

And like I pointed out earlier, if you truly want a FIFO system, demand to add a clause to revoke all labour subs. They jumped the line and should be forced to reapply with fresh PERMS on their own merit.

No labour sub clause, No HR 3012. take it or leave it.
12:15 PM on 02/15/2012
P.S. a bachelor degree is pretty average.
08:47 PM on 02/13/2012
First come first serve means European first. This country was founded by Europeans and is official: "In God We Trust"! Our ancestors worked and sacrificed to build this country as is it: The Land of Freedom, Home of The Braves. Where was Indians in this time? Maybe to busy whit their work - overpopuled the planet. This bill HR 3012 is in the ltop of stupidity. This law is against experts from 200 countries including US founders. HR 3012 supporters want to give special immigration rights for "brave" Indians and Chinese. This law is the right to frauders to skip in line in front of people from 200 countries who have already waited 5-6 years for green card.
09:07 PM on 02/13/2012
Stop it for God sake. you want to go to history. Europeans occupied almost every country in the world and F*****up each of them, including India. India wouldn't have been such a poor country (comparatively) if Europeans wouldn't have f***ed it for 200 years. F***-U Europeans.
08:40 AM on 02/15/2012
Qou erat demonstrandum! F *** word is everywhere; they have no place in their country because of too much F ***

What about the Gypsies, nomadic Indians who invaded Europe 1000 years ago? They lied that are Egyptians noble. After 1000 years continues to begging, stealing, living from social assistance, refuse state authority, civil status papers, education, vaccination and work.

Now Indians come to the U.S. with other lies - lying as HR 3012 is only an "administrative fix" how solve backlog for next 3 years, but fail to mention that HR 3012 means to steal visas from Rest of The World ROW and move backlog in other ROW; lie about 70 years waiting time in Indian ROW; trying to fool Americans and force Congress to give them 85% of green cards.

I never seen an Indian to hard work in the U.S. (in construction fields for example) or in war against terrorism with U.S. Army and many other nations. Instead, I always saw the Indians looking for easier jobs in U.S. and crying for special treatment in immigration field.
10:02 AM on 02/15/2012
Quod erat demonstrandum or quo erat demonstratum. Sorry about poor grammar; Latin and English is not my native language. Also, I am almost certain that you don't speak my language.

"neo674" my family are in EB3 because of company policy, not because we are not eligible for EB2. For us HR3012 means rules changed in the middle of the game. The best solution is recapture of visas, not to cut me in line. I have two university degrees in STEM (7 years of study), postgraduate courses and over 10 years experience as an employee, employer and investor. Also, I speak 4 languages​​.

My husband grandfather was US citizen 100 years ago. We have relatives born in the U.S. Many Irish have relatives in the U.S. in the last 400 years. So, don't tell me about first come, first serve! My husband graduated a university (six years degree); over than 15 y of experience; a postgraduate diploma from U.S. We don't have the same skills with EB 3 India; why agree with HR 3012 bill? This law give me "right" to wait after 250K of gasoline sellers and pizza makers from India?!?

Europeans go somewhere else if wait time for green card is ridiculous; Indians are not going anywhere, no matter how long they expected in line. This is the difference. Congress should pass a immigration law in the U.S. economy interest, not in the interest of Indian, Irish or other nations.
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"Dinkar Jain"
10:57 PM on 02/13/2012
Ah, racism and poor grammar are both alive and well!
07:33 PM on 02/13/2012
How convenient that this article does absolutely nothing to discuss the current economic situation in Ireland and the thousands of Irish families that will benefit from this visa classification. Not that it would have mitigated your position much, but its absence certainly slants this article.
05:52 PM on 02/13/2012
HR3012 is the zero sum game of immigration. It DOESN'T MAKE SENSE.

An applicant family is not counted against H1b quota.
Why is the same applicant's family counted against the green card quota ?
Not counting the family members of an employer sponsored applicant makes sense.
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"Dinkar Jain"
10:58 PM on 02/13/2012
These are both sensible assertions. But not directly related to the point of the article, but I can see where you are coming from on both of these points.
05:06 PM on 02/14/2012
I think instead of removing the cap from green card we should apply the cap on H1b visa at the first place. That way we can reduce the backlog and prevent from the frauds.
05:26 PM on 02/13/2012
So how is HR 3012 is fair for the rest of the world? Yes India and China has lots of population but that does not mean that their over population resulting over application of employment visa should take away the visas from rest of the worlds? There is a reason why a there is a reason for capping country limits. The lack of green cards in Eb3 category is due to the fact of misusing H1b visa system by indian body shops. So until you fix that there will never be true fix. Moreover, HR3012 is only fair to India and china increasing the backlogs for rest of the world.
05:54 PM on 02/13/2012
There is nothing fair about the country limit that exists right now. US employers are barred from looking at nationality for hiring decisions, and the immigration system should do the same. It was a privilege enjoyed by a lot of countries that HR 3012 is taking away. There will be only one line. You have to stand in that line like any one else.

It is prudent to change laws that are unfair. That is why African Americans and Women got voting rights. You have to right the wrong!

Yes to 3012. No to Brown's pork barrel voter carrot!
06:28 PM on 02/13/2012
HR 3012 is a ponzi scheme. For someone to gain, someone else has to lose. Low level tech workers from India are trying to get relief from long waits on the backs of immigrants from every other country of the world. Don't believe the lies about this bill spread by it's supporters. America has the right to cap certain kinds of workers to keep the employment market in balance, otherwise we will have more and more Wedels all the time.
07:04 PM on 02/13/2012
Yes it would be fair when India knows the meaning of fairness. Pushing thousands of low skilled H1b employees through the body shops, backlogging the system and crying out loud saying it's not fair is not the definition of fairness. It's ridiculous how you compare the voting rights of women to this which shows your utmost ignorance of the matter. The cap is provided to a legislation so that none of the big fish can manipulate the system. If there was no cap whole US will would be flooded with indian body shops. It would be fair to have a first-in-first-come if only India knew how not to manipulate the H1b system by having fake resumes, 2 years IT degree holder from a remote indian city claiming to be a professional and filing for green card in Eb3 category. Indians has to bear the burden for their misdeeds. It's a fact that the Eb3 category is backlogged mostly by filing green card from indian body shops like infoSys, HCL etc. not by the genuine professionals.

When there is a chance of suppressing the minority by the majorities a CAP is mandatory to protect the minorities eaten by the majorities. In green card world Indian IT firms has become majority and gobbling up the rest of the world. When the employment based permanent residency was introduce this was the reason to put a limit on a country so that they can't abuse the system.
08:07 PM on 02/13/2012
If there is a single queue that will be first come first served... whoever is standing in line gets it when their number is called. How is that unfair to anyone?

I guess you are crying about losing a privilege that the rest of the world enjoyed because of unfair quotas...
09:38 PM on 02/13/2012
this is immigration we are talking about, not a visit to the post office. When people want to settle for life in a country that isn't theirs, this country needs to setup flow controls. Every country has them, usually more stringent than the US. India does not allow permanent residency, even through marriage. Mexico doesn't allow US resident to buy land. Canada and Australia have quotas per job types. and on and on.
12:23 PM on 02/15/2012
Quotas are unfair when one country gets more than another. And btw, India already receives way way more than its fair share of 7%. It's really 21% due to spill over.
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ultrawiz
Holding the Middle Ground
05:01 PM on 02/13/2012
He should also run his campaign on honesty, but we know that won't happen.