Foreign Workers in the USA - Case Study Example

Should US allow more foreign workers with VH1 VISAS Introduction The increase of immigration in developing countries around the world is a phenomenon that has also influenced the USA. Specifically for this country, the number of immigrants entering its territory daily is considered to be extremely high. In accordance with a report published by the Center of Immigration Studies (2005) ‘immigrants come to the United States, legally and illegally, at the rate of around a million a year; there are now over 34 million foreign-born persons living here, the largest number in American history’. In other words, the number of immigrants that currently live and work in USA should be considered as extremely high while the entrance of new immigrants in the country on a daily basis (in accordance with the data presented above) is an issue that should lead the country’s governor to take significant measures in order to protect the country from the flows of immigrants mostly by making the procedure for the provision of visas extremely difficult so that the number of immigrants in USA to be limited. Regarding this issue, we could refer to the study of Bach (1986, 139) who noticed that ‘the incorporation of immigrants into the advanced industrial states may be best understood in the context of recent theoretical debates over the changing character of racial and gender inequality’. It should be also noticed that immigration in USA has been related with many aspects of the country’s social and political life. In fact, in accordance with the study of Fairchild (2004, 528) ‘the racial politics of immigration have punctuated national discussions about immigration at different periods in US history, particularly when concerns about losing an American way of life or American population have coincided with concerns about infectious diseases’. All the above issues have significant importance in the identification and the evaluation of position of immigrants in USA. The legal and financial support of immigrants arriving in the country (through the provision of necessary documentation in order to have the right to work) should be explained at a next level. In current paper the provision of a particular type of visa (VH1 visa) is being examined trying to identify the effectiveness of the terms required for granting this visa to immigrants across USA. On the other hand, the governmental policies regarding the procedure of granting VH1 visas to immigrants is being examined highlighting the issues that possible appear in relation with the particular problem. 2. Foreign workers in USA – provision of VH1 visas Immigrants in the USA Traditionally, USA has been supportive to the immigrants that arrive in the country. In fact, in accordance with Fairchild (2004, 528) ‘the United States has historically been a nation reliant on immigrant labor and, accordingly, the most consequential public policies regarding immigration have responded to disease and its economic burdens by seeking to control the behavior of immigrants within USA rather than excluding immigrants from the country’. On the other hand, the number of immigrants in USA is currently extremely high. In fact, through the years the number of people that decide to live and work in USA presents a continuous increase. In this context, in a report published by the National Immigration Forum (1995) it is noticed that ‘the number of illegals in the United States is perhaps 3.2 million, pushed downward by the amnesty of 1987-1988, not very different from a decade before’. The above report refers to the number of immigrants in USA in 1995. Currently this number has been increased. It should be noticed that in a research published by the Federation for American Immigration Reform (2007) it is revealed that ‘in 2007 the illegal alien population is above 13 million persons’. Role of immigrants in the development of USA’s economy The role of immigrants in the development of the country’s economy is significant. More specifically, in accordance with the study of Pieterse (2003, 29) ‘intercultural traffic and mingling have been vital to economic innovation past and present - witness the role of travellers, migrants and diasporas as cultural brokers; while immigrant groups may play a large part in national and transnational enterprise - formal and informal - this is not conceivable without considerable and extensive cross-cultural relations’. In other words, immigrants in the United States have a significant role in the development of many aspects of social and financial life; however this role is often underestimated. On the other hand, the introduction of strict rules regarding the control of immigration in USA has been considered to offer the appropriate framework for the protection of the country from illegal immigrants. In this way, the entrance of high skilled immigrants in the country’s market is promoted. However, it is noticed by Danso (2007, 126) that ‘the transnational movement of people have intensified the migration of highly educated people from developing countries to the industrialized countries of the North; while causing a serious ‘brain drain’ or ‘talent shortage’ in developing countries, these migrations have also produced profound ethnic, cultural and racial diversity in receiving countries’. As a result, often high skilled immigrants are not offered the positions that are in accordance with their skills and their expertise. The factor of cultural difference seems to have a significant importance in the development of social inequalities in the societies of developing countries – also in USA. Terms and conditions of provision of H1-B visa Specifically regarding the H1-B visa, it should be noticed that this is a visa provided to nonimmigrants (usually high skilled) that are interested in living and working in USA. The above visa is in fact a ‘preliminary’ level of the green card. An accurate description of H1-B visa is presented in the website of the USA citizenship and American Immigration Services. Moreover, the terms of the provision of H1-B visas are analytically presented in the website of USA Department of Labour. In accordance with the particular website ‘the H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability; a specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelors degree or the equivalent in the specific specialty (e.g., sciences, medicine and health care, education, biotechnology, and business specialties, etc…)’ (USA Department of Labour, 2007). A problem that usually appears regarding the applicability of visas in USA is that these visas have a specific period of validity (they are provided for a specific number of years after which the renewal of the visa is required). In any case, it should be noticed that currently employers in USA are interested in hiring people with skills and competencies. However, as already mentioned above, in most cases high skilled immigrants are not offered the position that is in accordance with their competencies. This assumption is also supported by Danso (2007, 126) who noticed that ‘even as developed countries lure and vie for high-calibre immigrants in order to gain or maintain a competitive advantage in the ‘knowledge-based’ global economy, structural barriers in the labour markets of these countries exclude and deny immigrants access to occupations and jobs commensurate with their training and expertise’. The content of the term ‘structural barrier’ - when referring to the entrance of immigrants in United States - is not fully clear. It seems rather as an obstacle related with the cultural and social differences between natives and immigrants. 3. Governmental policies regarding the provision of VH1 visas to foreign workers – suggested plans Existed legal framework related with immigrants in USA is rather complex and not as effective as necessary. In accordance with a study published by the Cornell University (2007) ‘states have limited legislative authority regarding immigration, and 28 U.S.C. (United States Constitution) § 1251 details the full extent of state jurisdiction; generally, 28 U.S.C. § 994 details the federal sentencing guidelines for illegal entry into the country; Congress has total and complete authority over immigration while the power of the President is limited to policies on refugees’. In other words, there are no specific rules protecting immigrants from a potential violation of their rights; neither appropriate provisions for the personal and professional development of immigrants entering the USA territory. Moreover, in accordance with a report published by the USA citizenship and American Immigration Services (2007) ‘under current law, an alien can be in H-1B status for a maximum period of six years at a time’. At the same time, it is possible that differentiations are applied in the existing terms included in USA’s immigration law. These differentiations should be based on appropriately approved legal texts and should be carefully reviewed in advance as of their applicability. 4. Issues for consideration Through the data presented above it is made clear that the number of immigrants that are interested in entering and working in the USA is significant. However, it should be noticed that the results of their efforts are not always the expected ones. In fact, in accordance with Bach (1986, 139) ‘in contrast to the success stories of a few immigrant entrepreneurs or reconstituted fragments of an uprooted capitalist class, the majority within these immigrant and refugee groups are forming part of a restructured working class found throughout the advanced industrial states’. In other words, living and working in the USA can be a challenging experience as in everywhere else within the global market. On the other hand, it should be noticed that the presence of immigrants within the American Society is often not considered to be welcomed especially in specific regions of USA. In this context, in a report published by the Federation for American Immigration Reform (2007) it is noticed that ‘analysis based on an estimated 100,000 illegal alien population residing in Tennessee indicates that they cost the state’s taxpayers more than $285 million per year for education, medical care and incarceration’. However, the above figures refer to the reactions of the population of a specific area. They are not regarded as presenting the views of the majority of the local population. In any case is should be noticed that the presence of immigrants in the USA territory could be possibly related with a series of problems, especially this of limitation of work available for native Americans. However, in practice it is noticed that ‘an understanding of the immigration-trade relationship can be improved upon by examining the specific pattern and destination of immigration into specific US states; using state level export data to 28 immigrant source countries in 1993, a strong immigration-trade link is found, reinforcing conclusions made by previous research using country level data’ (Euzent et al., 2004, 573). In other words, even if immigrants are not particularly welcomed in the country, after their work in a particular position (especially for a long period) it could be expected that the opinion of locals on immigrants could be differentiated even if this change would be characterized as limited and temporary. 5. Conclusion - recommendations Immigration is a common phenomenon within modern society. In fact, in accordance with the study of DeSantis (1997, 20) ‘immigration fueled by large population shifts across international borders will be an ongoing phenomenon throughout the world for the foreseeable future’. In the case of United States the entrance of immigrants in the country is appropriately regulated by a series of rules; however not all immigrants have the same ‘advantages’ within the American society. As it has been already explained above high skilled immigrants are preferred when the relevant documentation (for living and working in USA) is to be granted. It is for reason that the number of H1-B visas granted to immigrants is high (approximately 65,000 H1-B visas are granted to immigrants on an annual basis, United States Immigration Support, 2007). On the other hand, the interest of immigrants on the particular type of documentation is extremely high. It is noticed that during 2007 approximately 120,000 applications were filled for H1-B visas (H1 Base, 2007). Regarding their impact on the local economy, it has been found that immigrants help significantly towards the improvement of the country’s economy despite the fact that this improvement cannot be easily identified. However, significant problems are also related with immigrants mainly those who are illegal. In this context, an effort for the creation of healthy immigrant communities in USA has begun. Indeed, the study of DeSantis (1997, 20) showed that ‘forces raising concern for the development of healthy immigrant communities in the United States are the scapegoating of immigrants as the cause of many of the problems of society, a growing lack of tolerance for diversity, and the need for rapid acculturation’. In case of the immigrants who are granted the right to live and work in the USA through the H1-B visa, there is no reason to refer to the above problem since the high skilled immigrants entering the countries avoid to be involved in illegal activities; instead they enter the local workforce trying to develop their competencies. For this reason, the provision of H1-B visas to immigrants should be further supported while an increase of the number of visas of this type could be considered as a possibility by the country’s authorities. References Bach, R. (1986) Immigration: Issues of Ethnicity, Class and Public Policy in the United States. The ANNALS of the American Academy of Political and Social Science, 485(1): 139-152 Danso, R. (2007) Emancipating and Empowering De-Valued Skilled Immigrants: What Hope Does Anti-Oppressive Social Work Practice Offer? British Journal of Social Work, 126 DeSantis, L. (1997) Building Healthy Communities with Immigrants and Refugees. Journal of Transcultural Nursing, 9(1): 20-31 Euzent, P., Martin, T. (2004) The export effect of immigration into the USA. Applied Economics, 36 (6): 573-583 Fairchild, A. (2004) Policies of Inclusion: Immigrants, Disease, Dependency, and American Immigration Policy at the Dawn and Dusk of the 20th Century. American Journal of Public Health, 94(4): 528-539 Harris, H., Sparrow, P. (2004) Globalizing Human Resource Management. New York: Routledge Park, Y. (2006) A Historical Discourse Analysis of the Representations of Immigrants in US Social Work, 1882-1952. Journal of Social Work, 6(2): 169-203 Pieterse, J. (2003) Social capital and migration: Beyond ethnic economies. Ethnicities, 3(1): 29-58 Websites Cato Institute and National Immigration Forum (1995), [Online], available at http://www.cato.org/pubs/policy_report/pr-immig.html Center for Immigration Studies (2005) Reforming Dual Citizenship in the United States, [Online], available at http://www.cis.org/articles/2005/dualcitizenship.html Constitutional Rights of Foundation (2007) Current issues on Immigration, [Online], available at http://www.crf-usa.org/immigration/issues_of_immigration_2007.htm Cornell University (2007) Immigration, [Online], available at "http://www.law.cornell.edu/wex/index.php/Immigration" Federation for American Immigration Reform (2007), [Online], available at http://www.fairus.org/site/PageServer H1 Base (2007), [online], available at http://h1base.com/page.asp?id=409 United States Immigration Support (2007), [online] available at http://www.usimmigrationsupport.org/visa_h1b.html USA Department of Labour (2007), [online], available at http://www.foreignlaborcert.doleta.gov/h-1b.cfm USA citizenship and American Immigration Services, (2007) http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD Read More