Legal Immigration Into the United States (Part 19): How to Go About It

Admitting immigrants legally for the benefit of American society need not be bureaucratically demanding. The existing H-1B visa program could fairly easily be turned into a merit system. It would require only minor tweaking. The main tweak would be to forbid or, at least, to restrict severely employers’ reliance on labor contractors through which most of the abuses occur, I believe. (See, for example, the infamous Disney case, described below.) Let each employer applying for such visas be squarely on record as vouching for the individual beneficiaries’ quality.

Following the example of Canada, some degree of priority could be assigned to obvious contributions to successful adaptation to American society, beginning with knowledge of English. (This might actually require a new law making English the official language of the US.) I listed above other examples of immigrants features that might be scored positively. Note again that avoiding the drawbacks of a completely relative-based system does not necessarily imply the rejection of the simple idea that having relatives in the country often facilitates adjustment. Within the framework of a H-1B-type point system, some degree of preference could be assigned to the fact that the beneficiary has relatives in the US close to where he will first settle. This would not be family re-unification under a different guise because family relations would be subordinate to work capabilities and other features facilitating adaptation.

The next necessary tweak has to do with the fact that the H-1B program has a bad reputation among the unemployed and  the uncertainly employed. So, in 2016, the Walt Disney company was sued, famously for having American workers train their F-1B visa replacements before they were laid off. The suit was dismissed by reason of what I think was a big loophole in the protective measures in favor of American workers in connection with the H-1B program. No one denied that Disney had done what it was accused to have done. Many believe furiously that the program actively discriminates against American workers and keeps their wages low. To make it more acceptable, the existing H-1B safeguards against noxious practices undermining the employment of the American-born and of legal resident immigrants would have to be widely publicized and remedies against abuses would have to be made judicially more accessible than they are now.

The American public would also have to be ready for the predictable consequences of merit policies in terms of culture and in terms of politics. The merit-based program I envisage would result quickly in a large increase in Indian immigration. Although Indians have been very good immigrants by most counts, there might be objections because nearly all of them seem to suck some form of leftism or other with their mother’s milk. In addition, and although India is often celebrated as the “world largest democracy,” there is some question about educated Indians’ attachment to the constituent forms of historically Western democracy, specifically. (I am a small-time expert on this because I read items in and through the Indian press and because I have Indian relatives. They are a tiny biased sample, of course but also an informational gateway of sorts. See also India-born commentator Jayant Bhandari in the October 5 2017 issue of Acting Man: “Canada: Risks of a Parliamentary Democracy.”)

This problem and others like it could be mitigated by placing a numerical ceiling on the total number of immigrants from any one country. I predict informally that this particular problem would turn out to be limited because, once the gates of legal immigration opened for real, there would be a sharp increase in applications from European countries with democratic systems similar to ours. This too would have consequences: As I have pointed out, by and large Europeans are not shy about using any form of welfare, broadly defined, including unemployment benefits. I note shyly that placing a ceiling on the contribution of any one nation-state to US immigration would seem “fair” to liberal opinion, making the whole project more acceptable than would otherwise be the case.

Incidentally, a reasonable merit-based system, aimed as it would at foreigners of some competence, might produce additional revenue to help defray both the cost of better enforcement of immigration laws, and the cost of caring for people admitted on altruistic grounds.

[Editor’s note: in case you missed it, here is Part 18]

Legal Immigration Into the United States: The H-1B Visas Confusion and Controversy (Part 2 of 6)

This is the right place for a painful digression. It’s painful because it’s about a program related to immigration that is both confusing and calculated, as if by design, to become controversial. Yet, as I argue below, toward the end of this essay, it’s a program with promise.

Many middle-class foreigners with college degrees are in the US on temporary working visas. By numbers, the main category of working visas is the H-1B visa. (This is confusing, but there is currently no such thing as an H-1A visa.) Holders of the H-1B visa must meet specific educational qualifications. They are sponsored by American employers – but also by employers who look much like labor contractors based abroad. They may stay in the US for a period of three years, renewable for an additional three years. That’s except if they work for a university or for a research institute, in which case their visa is pretty much eternal. Although the number of visas allotted each year is capped, by accumulation, the program involves significant numbers of people, about 350,000 in 2016. Some or most H-1B visas are allocated by lottery on an annual basis. (It’s completely separate from the diversity lottery described above [in Part 1], as I said.)

The rationale behind the H-1B visa is to supply workers in specialties that industrial and other organizations cannot find domestically. The program is controversial for two reasons. Continue reading

Legal Immigration Into the United States: Introduction (Part 1 of 6)

This an essay about legal immigration. It includes a theoretical framework, essential facts, and subjective opinions. In this old-fashioned piece, there is no pretense of scholarly detachment. It’s a personal endeavor that I hope will be useful to others. I don’t have a hidden agenda but topical preferences I think I make clear. Footnote 1 describes my qualifications to discuss immigration. You might surmise that I have a more pro-immigration bias than most small-government conservatives but not than most libertarians (but who knows about them?). I deal with American immigration, specifically. I present rough figures only, trying to add some orders of magnitudes to the current complicated media narrative, and to establish distinctions that don’t always occur naturally. I don’t aim at precision. If mistakes of fact slip into my story, I hope readers will draw attention to them and thus, perhaps, start a conversation here. My few policy recommendations are all tentative but I hope they are logically linked both to orders of magnitudes and to conceptual distinctions.

I choose to address legal immigration specifically for two categories of reasons. First, there are reasonably good, trustworthy figures regarding legal immigration, while numbers for illegal immigration are largely estimated from data gathered for other purposes and often according to wobbly rules. Second, the relationship between legal immigration and illegal immigration is complicated enough to justify an essay all of its own. Here is a sample: Many illegal immigrants, especially many Mexicans, argue that there would be less illegal immigration into the US if there were more doors open through legal immigration. Yet, as I show below, to a considerable extent legal immigration facilitates illegal immigration and thus increases the numbers of illegal immigrants. So the numerical relationship between the two appears both negative and positive. In a co-authored article (referenced in Footnote 2) I examined the complex links between legal and illegal immigration in the special and numerically important case of Mexicans. Though that article dates back to 2009, it remains remarkably current in some respect. In the present essay I only refer tangentially to illegal immigration and only insofar as it serves my main object. Continue reading