– Our department performs a dual function: we monitor the enforcement of current immigration laws and simultaneously work to improve programs designed for people who come to the United States legally to work in areas needed by our economy. Such as mathematics, engineering, and computer science. We also try to improve programs that allow temporary workers to be brought into the US for the needs of agriculture and some other sectors. All this takes place against the backdrop of public and legislative concern about the presence of a large number of illegal immigrants in the United States. Therefore, the administration directs us to solve problems related to this important circumstance.
- Nevertheless, ten million or more illegal immigrants continue to live and work in the United States. What specifically is being done about this?
– You're right, there are about 11-12 million illegal immigrants in the country – nobody knows exactly. What do we do? First, we try to take available measures against businesses and companies that hire people without legal status. But here, too, everything is not clear-cut. Sometimes a company hires a worker without knowing whether they are illegal or not. After all, on the streets of a big city, a foreigner can buy any fake document – a driver's license, a green card, or a social security form.
Our department has a program called E-Verufy – «Electronic Verification» – which has been running for several years. Anyone can use it to find out the status of any person in the United States. A company can directly connect to our database and immediately receive on the computer the original green card with the holder's photo. The company employee processing the job applicant can compare this photo with their face.
- But it is known that there are cases when illegal immigrants are deliberately hired, because they can be paid less?
– We also fight such phenomena. Our Immigration and Customs Enforcement conducts operations against companies that use illegal immigrants. Upon receiving information about violations, our agents make an unexpected visit to such a company and request all necessary documentation. We also have the right to interview all employees. Very often, as a result of such raids, we arrest many violators and find out their situation in detail. For the most part, these people are in the US illegally, but they have no criminal cases or criminal records. Such individuals we put through the deportation process established by the Department of Justice and try to send them back to their country of origin. If it turns out that the detainee has a criminal case, they are deported first. The further decision regarding the criminal case is made by the country to which the deportee is sent.
- Congress approved the quota for H-1B work visas for fiscal year 2009. Which categories will receive preference in obtaining such visas, as well as F-1 student visas? Which companies will be granted the right to hire foreign specialists, and what are the processing times for their applications?
– I understand these questions are very important to readers, so I will try to answer in detail. The quota for the upcoming year is 65,000 people. Small changes concern people who have obtained a master's degree in the United States – they now fall under another, additional quota of approximately 20,000 people.
How does this process work? Companies that want to obtain H-1B visas for employees submit applications, which could be filed starting April 1. By the way, on the very first day, the number exceeded the quota. But of course, we accept applications later as well. If the number of applications is greater than the quota – which is always the case – then the US Citizenship and Immigration Services, which handles the issuance of immigration visas, holds a lottery.
What changes have been introduced recently? First, to make the lottery process fairer, we prohibited companies from submitting multiple applications for the same person and the same position. In the past, there was such a practice: if I want to hire you, I would send ten applications hoping to increase the chance of winning. We decided to prevent that. Now we prioritize applications from small companies for one employee. Such companies do not have the funds, opportunity, or legal assistance to submit a flood of applications. We believe this will significantly improve the process.
Many people studying in the US often apply for F-1 visas. Companies are interested in graduates who have acquired the knowledge and skills needed by the American economy. In the past, when these graduates wanted to stay and work in the US after an internship, they could not immediately switch from one immigration visa to another. They had to return to their home country and wait there for an H-1B visa, which is issued only at the beginning of the new fiscal year. We changed the rules so that young specialists could continue working in the US for 15 months while maintaining legal status. I think this is another important improvement.
- More than 20 countries participate in the visa-free exchange program with the United States. Next year, as far as we know, Poland, the Czech Republic, and Hungary may join this list. What criteria and requirements do the US and the countries that have signed the visa-free exchange agreements impose on each other?
– We have concluded such agreements not only with the mentioned countries but also with other Eastern European states – for example, Estonia and Slovakia. Recently, an agreement was also signed with South Korea. We believe that visa-free exchange has advantages for us and, of course, for these countries.
Last summer, Congress changed the legislation and gave us the opportunity to regulate the visa-free exchange program. First, we simplified some conditions for candidate countries to sign a visa-free exchange agreement – provided that these states commit to improving their immigration rules. The improvements consist of revising the criteria by which they issue visas and consider applications from individuals wishing to obtain a US visa. These countries will provide us with data on people who intend to come to the United States under the visa-free exchange. An electronic registration system will be created that will allow us to receive such data much faster. Work on this project will take several months, possibly a whole year. We plan to cooperate with candidate countries to set up the system and subsequently formally conclude agreements on visa-free exchange. America has not been and will not be a closed country.
- Many countries would like to participate in this program, but not all are given such an opportunity. Why?
– The fact is that a visa allows us to take a closer look at a person wishing to come to the US as a tourist, businessperson, or for another reason. When such a person applies for a visa, State Department employees conduct an interview with them, then check their data to confirm the absence of terrorist or other disreputable connections that could lead to a visa denial. This process allows for a more thorough check of the individual. If we eliminate it, visa-free exchange would essentially reduce the time for information verification. But we must be absolutely sure that the country from which the person arrives has taken all necessary security measures to allow us to forgo our own checks. That is why the circle of states that meet our requirements is rather narrow.
Inna DUBINSKAYA.
Voice of America