Invasion Of The H1-Bees
Clint Lewis, CI Editor
I can hear the wailing and gnashing of teeth already. If you are in IT,
especially with a larger firm, you've probably come face-to-face with H1-B visa
holders.
There are some individuals here in America, filled with rancor, who say the
H1-B's take away "our" jobs. Like snarling dogs approaching a fire
hydrant, these "Born in the USA" patriots seem immune to the big
picture view of the world and the universe around them.
Swathed in "flag-talk", these defenders of the empire, happy to
consume a lifestyle fueled by dollar-a-day working children from say, China,
are now trumpeting the dark song: "Us Versus Them". And now that the
economy has down-shifted, expect the pitch of that song to become shrill.
A very few, fortunately, of my associates and friends "hurt my ears"
when their other, more vitriolic side lets loose on "those damn [insert
plural H1-B country origin]". It's unbelievable to hear this coming from
the well educated!
Let's not confuse H1-B's with refugee's fleeing a bad situation - then draining
the resources of sympathetic host countries. That's a separate and serious
issue that does not bear on the H1-B issue.
Most folks don't have any idea what it takes to get into the USA on an H1-B
visa, not that the challenges mean anything to those acting from emotional
prejudice. Here is a summary:
1.
The visa enables the foreign worker to enter the United States to
work temporarily in a professional capacity, with the emphasis on
"temporarily".
2.
The U.S. government requires at least five agencies to certify a
foreign employee for work in the States. And all of the paperwork goes through
one under-funded key player in the certification process; The State Economic
Security Department. Doesn't that name send chills down your back? Can you say
"hurry up and wait"?
3.
To qualify for an H1-B, foreign workers must fit into a category
of "priority workers" that include: workers with advanced degrees or
exceptional ability, professionals (Bachelor's Degree or equivalent), and
skilled workers.
4.
Foreign workers must demonstrate that the occupation sought is of
a special nature that cannot be easily filled with the workforce available in
the United States. Demonstrating the special nature of a position typically
requires a statement by the sponsoring employer.
5.
The H1-B visa is linked to a particular employer sponsoring the
foreign worker. Not only must the worker have a sponsoring employer to apply,
but the H1-B cannot be transferred for employment with any other employer.
6.
Generally, the H1-B visa is valid for three years. However, it may
be extended for an additional three years, resulting in a six-year maximum.
Seeking a second H1-B because of changed employers does not extend the visa.
The absolute maximum duration for a visa under the "H" category is
six years. The visa holder must then leave the country for at least a year, and
can then re-apply for another visa.
To
the foreign worker, one of the greatest advantages to the H1-B visa is that it
allows the professional to seek permanent residency, or a "Green
Card" for themselves and their entire nuclear family while in the United
States.
I, for one, am glad that our H1-B guests are here. Like us, they seek to
improve their lives and standard of living. Most have undergone (and continue
to undergo) immense challenges to be here, including local enmity. The values
foreign guests bring, and the values they return home, go far toward providing the
kind of dialogue the world needs - the kind that the U.S. government can't
provide. And if the H1-B guest manages, ultimately, to become a permanent US
resident, I say welcome, lets go fly-fishing.
[Disclaimer: Clint Lewis has worked several years both in the United Kingdom
and Holland as an American foreign guest visa worker.]