Page 55 - The Indian EYE 081823

IMMIGRATION The Indian Eye 55
AUGUST 18, 2023

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similar U.S. workers. Another more is no concern about nonimmigrant criminate based on where a person is to the US under the employment and
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recent Cato Institute study indicates beneficiaries of these visa types con- born, and per country limits become family based systems can potentially
that H-1B wages are in the top 10% tributing to the green card backlogs, the wholly irrelevant if there is no overall benefit the US. The US is also not
of US wages. Moreover, as outlined same should be true of H-1B workers. cap in any particular family or em- the only game in town as Canada has
above, there are insufficient qualified In reality, the green card back- ployment-based category. Caps and begun to directly compete with the
U.S. workers to meet the demands of log and the H-1B lottery are both lotteries have no place in a modern US for talent. There is no need for
employers in many industries. Rath- parts of the same flawed quota sys- immigration system. There are no foreign workers to remain in the US
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er than disadvantaging U.S. workers, tem. Although the announcement of caps for TN, L-1, O, P and R visa, under a flawed and broken immigra-
highly-skilled foreign workers fill an a second round of selections for the and yet life goes on. The nonexistent tion system when another country’s
important need in the market and FY 2024 H-1B lottery may seem like caps in these nonimmigrant work visa system is more rational, fair and dy-
allow U.S. businesses to remain com- cause for celebration, it is in fact a categories do not result in the un- namic. Due to the green card back-
petitive. Their employment in the US hollow victory for prospective H-1B dermining of the US economy or the logs they are forced to remain in the
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economy results in job creation too. workers and U.S. employers alike. taking of US jobs. So why should the same jobs and not advance through
Another often-raised objection We call for the elimination of H-1B visa program be hobbled with promotions or form their own start-
is that limiting the number of H-1B the H-1B caps as well as caps in the an artificial cap of 85,000? When the ups. Eliminating caps in the H-1B
workers will help to alleviate the green employment-based and family-based unemployment rate is 3.6%, the US visa and the employment and family
card backlog. However, any nonciti- immigration categories. And we also can only benefit with the skills, tal- based green card categories will be a
zens currently waiting in the employ- call for the elimination of country ents, creativity and enterprise of for- step in the right direction!
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ment-based green card backlogs are caps. This is something that Congress eign workers who desire to succeed in [This blog is for informational purposes
already the beneficiaries of I-140 peti- can only do and should do on an ur- the US for themselves and their fami- only and should not be considered as a
tions and have a priority date. In order gent basis. There is no need to dis- lies. Indeed, all immigrants who come substitute for legal advice]
to be eligible to commence the green _________________________________________________________________________________________________________
card process, a new H-1B worker Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
would need obtain sponsorship by an PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
employer, who would file a labor cer- chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate
Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Ser-
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tification and I-140 petition on his be- vices and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American
half. The new H-1B worker would thus Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association.
be assigned a later priority date, having He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
no impact on anyone already in the Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein
backlog. Additionally, other types of Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstand-
ing efforts in providing pro bono representation in the immigration field. He has also received two AILA Presidential Commendations
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nonimmigrant visas, such as L-1s and in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
TNs, are not subject to a quota. If there Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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