From time to time we get letters and I post them here because I believe everybody needs to have a say in what is happening.
Before President Clinton signed AC21 on October 17, 2000 – the H1-B visa was kind of temporary. A person on H-1B visa until that date, could apply for a green card. If during the 6 year time frame if they don’t get to the I-485 stage (also called adjustment of status), they have to just leave the country. It worked so well, and I have known several people at that time who left the country. This would have worked so well, there would be no backlogs anytime. If there are too many people applying for permanent residency, there won’t be enough room for everyone so people have to leave. The root cause of all problems is the AC21 act (section 104) signed into law on October 17, 2000. In 2002, the section 106 (signed into law) expanded some of the provisions of AC21. These provisions provided the necessary loop holes for anyone on H1-B visa (who applied for a green card) to continue to remain in the US indefinitely until visas were available and a decision on the permanent residency is made. The numbers continued to add up and resulted in an enormous backlog we see today as years continue to pass. Also Congress never originally anticipated the AC21 to be passed later on (after establishment H1-B) which thwarted the temporary intent of H1-B visas. Since the entire population of H1-B visas allotted every year end up applying for green cards (except for a very small percent may be), the backlog will continue to grow. In my view though country of origin should not be used for discrimination of any worker or skills, HR 1044 will introduce a glut of workers into the open labor market in a short of period of time, creating a chaos and unfairly displacing US workers. More people will follow on H1-B visas again creating an enormous backlog and displacement of US workers. This cannot and should not be a solution to resolving the backlog. One probable solution is to eliminate all the indefinite extensions of H1-B visas by passing a law that rolls back or annuls the AC21 (American Competitiveness 21st Century Act), which could be introduced as part of any other bi-partisan bill. This will revert the H1-B to a status quo ante (as of October 17, 2000) and keep the intent of the temporary nature of the program going forward. This will also help people in the future to maintain an orderly queue without causing inordinate delays in processing genuine applications for permanent residency. Unfortunately the American Competitiveness act of the 21st century has become a bane of the American worker in the 21st century. Please refer to the links below for more information: http://www.jackson-hertogs.com/jh/N0514.pdf