Tuesday, August 28, 2007

The Perils of Thinking Inside the Visa Box

The Wall Street Journal reported yesterday on companies which are "getting creative" to deal with U.S. visa bottlenecks.  I eagerly started reading to see what creative juices were flowing in the pretty uninspired world of immigration compliance.  I was disappointed to see that, in reality, it was nothing more than the "same old, same old":

  1. "parking" employees in overseas jurisdiction at great expense while their skills are desperately needed by the U.S. enterprise.

  2. encouraging critical technical professionals to pursue unneeded advanced degrees to "buy time" in F-1 student status till H-1B visa numbers become available.

  3. Rescinding job offers (and leaving critical positions unfilled) until visas became unavailable.

As the WSJ concludes, all of these "creative" solutions face a "big flaw": they assume that next year the H-1B shortage will be resolved.

It won't be.  With a lame duck president and the final shot at meaningful immigration reform squandered over bipartisan bickering, Corporate America seems to be in a serious skilled-worker-shortage quagmire for the next couple of years.  In fact, the only player with the energy and initiative to demand a response from Washington -- Microsoft, which quickly snuffed former Sen. Alan Simpson's ill-conceived elimination of the H-1B category a few years back -- has smelled the coffee...and headed north.

Pragmatically aware of the fact that current U.S. employment visa policy is decimating the human resources so desperately needed in the technology sector, Microsoft is going from Redmond to Richmond, British Columbia, some 133 miles away in a country far more savvy about its business migration policy.  The net result: entire U.S. divisions are forced to move abroad, eliminating countless U.S. positions, just to address the high tech worker shortage.

Instead of "parking" employees -- a leading immigration law firm quoted in the article cites a client spending $30,000 per employee to do just this -- real creativity is the solution to this fine mess:

1- Establishing short and long term intracompany (L-1A and L-1B) visa strategies to train and polish qualified specialty and managerial employees offshore to provide a steady, non-quota pool of U.S. nonimmigrant workers deployed on an as-needed basis and guided by market conditions, not by governmental bureaucracy.

2- Strategic alliances, mergers, and acquisitions which establish de facto qualifying intracompany relationships facilitating blanket L visas.

3- Intelligent process restructuring which divides core technical needs from all other functions for which there are NOT U.S. worker shortages to create offshore/onshore delivery platforms maximizing workforce skills.

Creative solutions exist to the current tech worker visa crunch, but spending big corporate dollars on international furlows is hardly creative, and certainly NOT the stuff of which shareholder dreams are made.

Monday, August 27, 2007

Hello, Everyone!

Welcome to Immigration Insider.  After almost two decades of looking out for the interests of leading corporations and the tremendous compliance problems they face with governmental regulations relating to immigration and labor laws, I've decided to launch a blog written for the HR and Legal representatives who these issues most affect.

For years -- in fact, before "blog" was a word -- I published a column called "Port of Entry", which grew to have thousands of daily readers. While "Port of Entry" was directed at the general business immigration market (i.e., both employers and visa beneficiaries), this column is going to focus specifically on the issues affecting U.S. corporations which must depend upon international workers in the course of their business.

Two phenomena are shaping the current climate for business immigration: first, both parties in Congress and President Bush are clear on the public's loud and clear mandate: "enforce existing laws before adding new ones."  Second, if U.S. industries and the people who work in this country intend to continue as leaders in the global economy, fundamental changes responsive to the reality of globalism must shape continued U.S. economic growth.  I believe that the U.S. workforce is the most talented, nimble, and empowered workforce on the planet; the solution lies in redefining our role in the global economy to capitalize upon that talent and skill set, not only increasing the availability of U.S. jobs, but the availability of GREAT U.S. jobs which best make use of our leadership role in the world marketplace.

I hope you find my observations useful.  UnitedLex intends to bring forth a new era of responsiveness, efficiency, and intelligence to the corporate legal services sector, and we intend Immigration Insider to keep your HR and Legal departments one step ahead of the changes which will affect your enterprise.

Jose Latour, Executive VP, UnitedLex Corp.