Now that the H1B fiasco is over.....

I asked people on LinkedIn what they thought about an upcoming Immigration Article. My LinkedIn Question asked readers about their experience or thoughts on Employee Retention. It could have been subtitled: IMMIGRATION: A BROKEN SYSTEM - Will We (THE USA) Go Down with the Ship?

______ Here is my response to one email.

Paul M. Heller, Esq. wrote:

Hi Dimitrios,

Of course what you said was very perceptive (and we are in 100% agreement); it is very sad that this country is, and has been, headed the way of the British Empire and Rome - but I do believe we are fighting an uphill battle against our own politics (too bad only US citizens vote).

Xenophobia always thrives in bad economic times (really since 1999), i.e., scapegoats and the concept of 'devil' have been around forever, and it also arises when 'McCarthyism' raises its ugly head. I coined the term "New McCarthyism" after 9/11 - but it really hasn't been picked up yet.

But I think that it isn't just "bad economic times"; it is globalization and an economic and seismic shift that we aren't prepared for (and still don't fully understand). It is easily defended against not by closing or tightening immigration but by changing our country's immigration policy to attract those that we need "to innovate" and compete in a global market for a brighter and better future.

The "best and brightest" still want to come to this country if it affords them the opportunities and freedoms often lacking in other cultures. At this point in time we have an unbelievable 'closed door' policy (that makes absolutely no sense - except to U.S. politicians who are voted in and out of office and who feel there role in this society is to keep their job!

Fear is a powerful tool of the powerful and often used by those who govern over the governed. It is a sad time that we live in. Everyone is waiting for a true Statesman (man/woman) to arrive on the scene.

Email me directly and we will then be e-Connected; thanks.

Best,

p



On 3/30/08 8:51 AM, Dimitrios Goranitis wrote:
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Hello Paul,

I would like to reply privately to this if you dont mind.

I am a european union citizen (greek), but I spent 5 years in New York where I got my MBA and then worked for Bear Stearns and UBS. Even though I understand the problem US faces with immigration I would expect a different treatment towards low risk countries and I would call them low risk in terms of low possibility to pursue permanent stay in the US. I find two basic flaws in the current situation:

- First of all, more strict laws block human capital traffic creating a non competitive HR market. The consuquence for that would be less effective firms and finally a less effective economy.
- Second, such laws restrict the choices an expat has in terms of employment (it was clear that only a big bank and not a boutique could sponsor my visa...) and also restrict negotiating power of the employee (based on sponsoring my visa, each bank could force me to comply with its terms of employment - money, ttile)

There is an urban myth that becomes more and more intense that immigrants steal jobs from citizens, and that myth has been used as a toy in the hands of politicians in several societies. Upon this myth, politicians take measures that hurt economy and restrict its growth. Simply put, if I make money in the states, I spend it in the states and I pay taxes, feeding the economy, which expands and creates more employment opportunities.

This is my view of the situation. I hope it helps.

Best,

Dimitrios

Question Details:
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Writing an Article on U.S. Immigration Law - Employee Recruitment & Retention: The Good, Bad & Ugly.

View question - Respond to Paul M. Heller, Esq.
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Filing a new H-1b Case: Are there alternatives?

Dear Readers,

With the 2009 H-1b lottery fast approaching, and the need to get these matters properly prepared before the end of March 2008, I advise my clients (both individuals and companies) to get their cases to me now.

I ask the HR Directors, or other human resource staff, to gather up a spreadsheet of all company employees with some sort of immigration status (especially those on F-1 OPT), and to speak with Hiring Managers about any potential employees they are now interviewing and seriously looking at - and may want to offer a position to. I'll want to see the CV/resume as well. For example, if the individual has a U.S. advanced degree, there are additional H-1b visas available for them (20,000). It is imperative that I find out the nationality/birthplace of the individuals as this too is an important consideration. Are they Australian (E3 eligible)? From Chile or Singapore (H1b1)? Canadian or Mexican professionals (TN)?

This process has other advantages for HILG's company clients as well. It allows me to get into a new or renewed dialog with HR, often with the CEO or CFO, about the consequences of ignoring immigration as a matter of "policy"; I see it differently. I see it as an issue of employee retension. And my attitude is adamant. Too often I see companies "playing games" with an employee who long ago should have had their immigration status adjusted over to permanent residence, or at least should have begun the process. This is a huge mistake. More on this next......