January 6, 2009
By A Latino H1B visa holder
If los Tres Reyes Magos, were in Obama´s team and in charge of the immigration reform, I’m sure they would take care of securing the borders and make everyone pay taxes in a snap - those are King’s priorities, right? They would also stop persecuting illegal aliens like animals and would also recognize that the US could benefit from this hard working people - and this is where the “magician” part comes handy.
But that is a huge and complex set of challenges for these three guys, they have to deliver hundreds of thousands of toys and gifts in one day, so I’ve decided to give them a break and ask them for 3 easy fixes to one of the many immigration issues that we face in the US: non-immigrant visas. While I personally have experience dealing with at least 4 types of visas, I think that focusing on the H1B visa could be a great start. So here goes a letter to Los Reyes Magos on behalf of all Latino H1B visa holders and aspirants:
Dear Caspar, Melchior and Balthasar:
Last year I behaved like a pro, I was able to handle myself during tough times and I was able to look after my family. While this is not my country, I believe I’m an excellent citizen, I was a role model in my community, I gave money to the church and didn’t even get a speeding ticket.
It is strange, every time I talk about this with my American friends, their eyebrows go up and their jaw goes down; I really don’t know who I should share this with. This year, instead of toys, I want you to fix three little things (one issue each) in a piece of paper called “immigration reform”. Modifying these rules will not only make my life easier, but it would also benefit a lot more people, including Americans, let me explain:
1. Let my wife work
Spouses of H1B visa holders are not allowed to work, isn’t that inhumane Balthasar? It’s 2009 and we still have governments taking away some of the most fundamental and primitive human rights: the right to work and make an honest living. I understand that one of the main criticisms to this program is that H1B holders are potentially taking away jobs for Americans, and allowing spouses to work would simply multiply by two its condemnation, but let me roll the dice and show you ONE of its other faces: While starting a family is a very personal decision and many factors determine the right moment, having too much time (perhaps six years during your most fertile age) and the chance to give your kids an opportunity that you didn’t have, are great incentives to start a family. As a result, many H1B visa holders, decide to start a family and “instant” US Citizens are born with all the rights and privileges that were ripped off from their mother - isn’t that ironic?.
Unfortunately, H1B babies (in fact any kind of immigrant babies) seem to disturb a few, some of the most extreme anti-immigration protesters claim that immigrants reproduce like bunnies, I really don’t like others being mean with my kids. But these rules don’t help their case (nor such bad Spanish TV programming, I must admit)! I am not suggesting you to impose any type or form of Machiavellic birth control; I’m talking about giving people CHOICE, one of the fundamental concepts of democracy, capitalism and western civilization. If spouses were allowed to work, the IRS would collect more taxes and many of the couples would focus more on coming here for a definitive period of time, make a living, gain experience and then go back to their home countries as originally planned.
2. A portable ID
My immigration lawyers have advised me to carry three things with me at all times: my passport, my I-94 form and my visa’s original approval notice, isn’t this ridiculous Caspar? No matter how careful I am, carrying any piece of paper with me for more than 2,000 days, will inevitable, and magically, transform my immigration documents into a Kleenex; if I’m lucky enough not to misplace them or get robbed, of course.
According to what I’ve read, this rule is not enforced all times; but after a few years in the U.S., I’ve learned that living with fear is the safest; it’s hard to tell which rules are to be followed and which ones are optional. Even more, rules change from state to state and some officers may stop you and ask you for immigration documents and some not. Again, the safest is to live in fear and carry the papers at all times. What if I’m “caught “ just walking around my neighborhood on any given sunny Sunday with my US-born 2 year old son by the right officer, in the wrong state, in the wrong day and without my papers? If that happens and I’m out of luck, and the officer out of criteria and judgment to further clarify, I could be deported. God knows what would happen to my son. Chances are that a social worker would appear and my son would be traumatized for life; read this scary story as an example. I’ve even read some horrible news about legitimate US citizens being mistakenly deported!
I truly wouldn’t mind paying $100 dollars, or more, to get a driver’s license type of identification card and keep complying. In fact, this may also lead to fewer falsifications, a better INS database, a tighter control and a more reasonable identification process (and more money, wohoo!).
3. Time to say Adiós.
If laid off, H1B visa workers have to leave the U.S. within 10 days (and even these 10 days are allowed only at USCIS’s discretion, no days are actually guaranteed by law). I don’t think that disappearance act is a trick that even a great European magician, like you Melchior, can pull out in 10 days, right?
H1B workers not only have to be highly skilled, but also have to develop a very thick skin and deal with a not-so-American work life. The Wikipedia entry for H1B visa says: “[because their stay in U.S. is directly linked to their current job] H1B holders tend to be more subservient employees, complaining less about long work hours, cumbersome work schedules, or not receiving certain benefits or promotion”. But being obedient and deferential is not the real issue, the problem is that we also have to develop a very strong olfactory sense and “smell” if our job, company, industry and host country’s situation may change, and have a secondary job option ready in case something goes wrong. Evacuating the country immediately represents a logistical challenge that no moving company or global consultancy can solve, perhaps Hollywood writers helped with the first draft of this rule, can you help us fix that?
For the most part, H1B visa holders are trying to live a normal life, or, as I would declare, a full-of-fear normal life. Most of us are renting a house, leasing a car, using a cell phone, watching cable TV, have a couple credit cards, etc. Can you imagine how much it would cost to break all those contracts at once? Or the cost to American companies to collect those debts overseas? And what if we have kids in school? How do teachers explain to other kids that a student has vanished? Read this heartbreaking open letter from a teacher to a judge; it is not H1B visa related, but the effect would be equally depressing.
Is it too crazy to ask for 90 days? Or what about a “you brought him, you return him” type of rule in which sponsoring companies have to partially or fully assist employees returning home (when they are not fired by cause, of course)? Maybe that could slow down the appetitive for such a desired and competed quota.
Dear Reyes Magos, you really can’t imagine how many smiles this three little wishes would bring to America. You may leave your presents at Congress after January 20th, I’m sure there will be plenty of delicious leftovers from the party for you and your animals; have a safe trip back to the East -watch out for the bad guys, you are so brave!
Gracias y los quiero!
Source: Ser Latino
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