Immi Visa No. Hopelessly Encased in Amber

Amber is fossilized tree resin that gained notoriety for housing prehistoric insects, essentially trapping them in time. It is admired for its color and beauty and used for the manufacture of ornamental objects and jewelry. Akin to insects trapped in amber, immigrant visas have been stuck in backlogs for what seems to be an eternity. The outdated visa quota system is making the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer.

Mr. Charles Oppenheim of the Department of State Visa Office recently issued grim predictions for the movement of priority dates for the remainder of the fiscal year and future years. Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China! Options for the best and the brightest graduates are unscrupulously limited. The first preference category reserved for multinational executives, people of extraordinary ability and outstanding researchers and professors who were born in India or China could require the establishment of a cut-off date in August or September, should the demand for visa numbers remain heavy. An employer who wishes to hire a Stanford graduate with a master’s degree in electrical engineering who was born in India or China and for whom the Department of Labor has certified unavailability of U.S. workers must still wait 10 years to process a green card. This category may become completely unavailable in August or September of this year. At this time, no immigrant visas are available to persons with mere bachelor’s degrees, even in science, engineering, technology or mathematics. Department of State currently estimates that, as of October 1, 2009, the EB-3 worldwide cut-off date will be March 1, 2003. Visa Bulletin for July 2009

The historically underused categories for religious workers, immigrant investors and other special immigrants have also experienced a surge. Accordingly, the substantial unused numbers in these categories, which in the past have been used to meet demand for visas in over-subscribed employment-based first and second preference categories, will no longer be possible. This means that EB-2 immigrants from China and India could have an even longer wait to obtain green cards. We are stunting economic growth and innovation by making the U.S. a less attractive destination to study, to conduct research, to invest in and to live in, while other nations leap ahead at lightening speeds.

Does it make sense to educate international students at our top universities and medical centers and then, when at the point where they are ready to contribute to our economy, say it’s time to go home?