Huffington Post (Op-Ed)
By Dick Burke
August 5, 2015
Once again the topic of immigration is dominating the news and as usual, the noise is drowning out the truth.
As
the CEO of a company that works on a daily basis with U.S. companies
seeking to hire foreign nationals, I can say with certainty three
things. First, we should never,
ever confuse legal immigration with illegal immigration. Second, legal
immigration programs have resulted in thousands of U.S. companies being
able to hire key employees who have helped them grow their business.
Third, the current system is frustrating, confusing,
stressful and inefficient - and for the sake of our economy it needs to
be improved.
Nationwide,
our company has worked with more than 3,300 U.S. companies on their
immigration and visa needs. We've filed nearly 5,000 cases this year
alone. Our clients
tell us that the foreign individuals they are trying to hire are key to
the success of their business, which is why they put forth significant
time and investment in the process. They also tell us that a diverse
workforce is increasingly a competitive advantage
for them.
Earlier
this year, we surveyed our clients and received more than 100 responses
from companies representing more than 115,000 employees. Nearly 75
percent said that the
H-1B applicant they were seeking to hire was important to the company's
ability to meet its business goals, with nearly 25 percent saying the
hire was critical.
Yet
the process for helping U.S. companies hire people who can help them
succeed is a mess. Earlier this year, a total of 233,000 applications
were submitted for a total
of 85,000 H-1B visas (65,000 plus an additional 20,000 for those
holding a U.S. Master's degree). As a result, a lottery is held to
determine which applicants receive a visa.
That
means that nearly 150,000 jobs (that were identified as important) are
going unfilled and thus delaying or preventing companies from growing.
Even worse is the likelihood
that these talented individuals will find work overseas where they will
compete with the very companies in the U.S. which sought to hire them.
It's
no wonder that our survey showed that more than 80 percent of human
resource/hiring managers find the H-1B process stressful, with more than
50 percent calling it
extremely so. Imagine if you had found the one person with exactly the
skill set you needed and invested the time and money to go through the
process only to find out that the random lottery didn't pick your
number.
I
can't think of any other aspect of running a business where so much at
stake is left effectively to a flip of a coin. Those companies who
"lose" the lottery face unpleasant
options: delay the hiring for another year and hope the applicant is
still available (and that the lottery doesn't disappoint them again);
apply for another type of visa - a long shot; or re-open the position
and spend more time (as many as six months) and
resources recruiting a new candidate.
I
understand the frustration and the deep concern of those who have seen
some large U.S. companies and international staffing firms seemingly use
the H-1B program outside
of its intent. One idea might be to reform the current process to
prioritize companies who are hiring directly. Other filters could be set
to prioritize small businesses, certain underserved industries or
geographies.
And
it's not just companies seeking to hire immigrants that impact the
economy, but also immigrants who start companies of their own.
Immigrant-owned companies employ
1 in 10 Americans and generate nearly $1 trillion in revenue. Forty
percent of all Fortune 500 companies were started by immigrants or
children of immigrants. Immigrants now start more than 25 percent of
businesses in the U.S., and in Silicon Valley, 44 percent
of startups have at least one immigrant founder.
The
point is, we need to recognize the important role that immigrants play
in meeting the needs of employers as well as creating jobs and
stimulating our economy and make
it easier for them to work here. Doing so will increase the chances
that talented individuals who want to work in our country and who are
excited to help build U.S. businesses and strengthen the U.S. economy
will have the chance to do so, benefiting us all.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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