Over the past few years, the situation surrounding immigration laws in America has become more complicated than ever before. The country needs foreign workers, but it does not allow these workers into the country.
Congress has proven itself incapable of reaching any decisions on immigration issues, including the issue of what to do with the 12 million undocumented immigrants in the country. Nevertheless, Congress can improve the condition of the U.S. labor market by taking specific actions, like giving the Department of Labor permission to determine on its own the number of work permits and temporary visas issued each quarter. American businesses have a constant need for foreign workers that they cannot satisfy due in great part to the domestic labor market.
Every year, the Department of Labor requests permits for foreign workers who could fill this niche, however, only a small number of these workers are granted visas because immigration quotas limit the number of both permanent and temporary workers who can enter the country legally.
Even though it is the Department of Labor that determines the need for foreign workers, United States Citizenship and Immigration Services (USCIS) does not allow quotas to be exceeded. Of the 630,000 applicants for temporary visas every year, only 65,000 people actually received visas.
These visas are meant for people who must return home at the conclusion of their contracts. The same problem affects permanent visas. The number of applicants for these visas is 10 times higher than the number of visas issued. During 2006, almost 12,000 newly-arrived workers and 53,000 workers already in the country were issued green cards. Foreign workers must receive a certificate from the Department of Labor. For this to happen, the employer must prove that no U.S. citizens are seeking to fill the vacancy and that the foreign worker will be paid at current rates. This certificate, which is issued to both new arrivals and temporary workers seeking permanent status, is one of the required documents on the thorny path to a green card.
The demand for visas is continually growing and the established quota is at odds with this demand. In the 1990s, Congress temporarily increased the quota to 195,000, but this quota was lowered to the earlier figure of 65,000 in 2004. This is a negligible number, in comparison to the U.S. labor force of an impressive 154 million. Even if this annual quota were raised to 150,000, it would still amount to less than 10 percent of the entire workforce. But a higher quota still would not give the majority of applicants the chance to work. Many would-be applicants simply do not try because they have no hope of succeeding.
Since the Department of Labor can determine with a high level of accuracy how many foreign workers the labor market needs, Congress must allow it to make independent decisions on the number of visas and green cards issued annually. Without fundamental changes in immigration quotas, the United States will continue to close its borders to workers who could help develop the economy.
While Congress is not able to change laws every time the country’s economy suffers a setback or experiences an upsurge, the Department of Labor is able to evaluate changes in the economy and respond promptly. There is a danger that unqualified workers will make the condition of the labor market worse. This problem can be avoided by requiring the Department of Labor to determine precisely the need for unqualified, seasonal, and other workers, and set the number of visas and permits accordingly. Until this issue is resolved, demand will be satisfied by unskilled and undocumented immigrants, who are currently a huge problem for the economy. Foreign workers who have been granted official permits and visas would not only fill vacancies that do not attract U.S. citizens, but would also pay taxes, and this would significantly improve the condition of the U.S. economy.
