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Proposals would add visas for STEM workers

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Indiana Lawyer Focus

Immigration attorneys say the United States’ visa and permanent residency system keeps highly skilled people out of the country and raises barriers to foreigners whose expertise is in demand.

“I try to look at the world as a sports team. You want to be able to draft and recruit the best players, and you want a system that allows you to do that,” said John Broyles, a partner in the Indianapolis immigration law group Broyles Kight & Ricafort. “I think the U.S. has lost sight of that.”

broyles-john.jpg Broyles

Two bills introduced in Congress in May could pave the way for more immigrants with advanced degrees in the STEM fields – science, technology, engineering and math – to earn visas and permanent residence, commonly referred to as green cards. The bills are:

• The Securing the Talent America Requires for the 21st Century Act (S. 3185), also known as the STAR Act. It would allocate an additional 55,000 visas for students with a master’s degree or more advanced degrees.

• The Sustaining our Most Advanced Researchers and Technology Jobs Act of 2012 (S. 3192), also known as the SMART Jobs Act. It would create a new visa classification through which foreign students who complete advanced degrees may obtain green cards when they obtain a job. Indiana Sen. Richard Lugar is among the bill’s sponsors.

Jatin Shah, an Indianapolis attorney who helps businesses attract and retain people with advanced degrees, said such bills would help not just immigrants who want to live and work in America, but American businesses as well.

“I have a lot of clients who are not able to find properly skilled people in the United States,” Shah said, noting most of those clients are in the information technology fields. He said his clients include Fortune 500 companies, but he could not disclose names due to confidentiality agreements.

“They are not able to fill the skilled jobs,” Shah said.

Philip Ripani, an immigration attorney at Bose McKinney & Evans, said the need to open immigration to people who possess in-demand skills is clear. The processing backlog for highly qualified immigrants from China, for instance, dates to 2002, he said. For those from India, the backlog dates to 2006.

Ripani has represented people from China, India, Japan, Malaysia and elsewhere who sought to immigrate to work in the actuarial, accounting, science and engineering fields, among others.

“Clearly there’s a shortage of visas of permanent residence for highly educated, highly qualified individuals,” he said.

According to the U.S. Department of State, employment-based preference visas are limited to 140,000 per year; there are about 234,000 current applicants. The agency’s latest Visa Bulletin says visas for people from China and India classified as “professions holding advanced degrees or persons of exceptional ability” are potentially unavailable.

“There’s a lot of people just waiting for permanent resident visas to become available,” Ripani said.

It can take students years to obtain a visa to study in the United States; those who complete their studies often must return to their country of origin or file for costly extensions in order to stay.

“I’ve got professionals I’ve worked with who are becoming, frankly, extremely frustrated because of these backlogs,” Broyles said. “These are folks working in very highly skilled professions.”

ripani-philip.jpg Ripani

Broyles said one of his clients created a geographic information software business in Bloomington that now employs 10 people. “He was able to extend his H-1B (employer-sponsored) visa, but that’s costing him thousands of dollars every three years to go through this process.

“These are really not the kind of people we want to be making it that hard to assimilate and immigrate into this country,” he said.

With immigration a hot-button topic and an election season looming, expectations that either piece of legislation will advance this year are low.

“These are all great ideas – the idea of facilitating greater access to these STEM grads is really important,” said Bob Sakaniwa, associate director of advocacy at the American Immigration Lawyers Association in Washington, D.C. “Our view is that the entire system needs overhauling.”

Taking piecemeal approaches to immigration may work in the short term, Sakinawa said, but he expects immigration bills written to encourage a particular class of people will be amended by advocates for those who favor reform for family immigration, for instance, or visas for other categories of workers.

“So many stakeholders need to have their issues addressed in one way or another,” he said. “How in this political environment do we go about making such a comprehensive change?”

Ripani called the prospect of comprehensive reform “too daunting.”

But immigration attorneys said the STAR Act and SMART Jobs Act bills also include other provisions that make sense and could make more visas available to highly skilled people. The bills would allow unused visas allocated to specific nations to be used to reduce backlogs from nations whose requests continue to outstrip allocated visas.

In the current system, visas that are allocated to nations but unused simply go unfilled. Meantime, other nations are doing all they can to attract highly skilled and well-educated workers from around the world.

Broyles said Australia and Canada, for instance, have lowered barriers to immigrants with advanced degrees and high-level skill sets. It’s far easier for well-educated people to immigrate to those nations, he said.

“There are other countries where they can get permanent residency right away,” Broyles said.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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