Introduction:
Immigration has been a hotly debated topic in the United States for years, with employment-based immigration being no exception. The U.S. government has historically welcomed skilled foreign workers to fill critical roles and contribute to the economy, but this process has not always been straightforward or fair. In this retrospective-style post, we will examine the history of employment-based immigration in the U.S., including its successes and failures.
History of Employment-Based Immigration:
The first significant wave of employment-based immigration occurred during World War II when President Roosevelt signed an executive order allowing Mexican farmworkers to come to the U.S. under a temporary worker program known as Bracero. This program enabled more than 4 million Mexican workers to work on American farms until it ended in 1964.
In 1952, Congress passed the Immigration and Nationality Act (INA), which established five categories for immigrants seeking permanent residency based on their skills and education level: priority workers, professionals with advanced degrees, skilled workers with two years’ experience or training, special immigrants such as religious workers or employees of international organizations, and job-creating investors.
Despite these efforts to promote legal migration pathways for foreign talent into America’s workforce, employers often turned to illegal means like hiring undocumented immigrants because they offered cheaper labor costs without having to comply with federal regulations.
In response to concerns about illegal immigration and its effects on American jobs, Congress passed multiple pieces of legislation throughout the next few decades aimed at limiting foreign competition in certain industries while still encouraging highly-skilled individuals from abroad.
One such law was The Immigration Reform and Control Act (IRCA) of 1986 that imposed penalties on employers who knowingly hired undocumented immigrants while offering amnesty programs for those already living illegally within US borders before January 1st that year. However successful it may have seemed initially at curbing illegal immigration – IRCA failed miserably due primarily due lack of enforcement measures; hence leading us to the current immigration policies in place.
Current Employment-Based Immigration Policies:
Employment-based immigration has become a complex and time-consuming process, with visa categories having long backlogs that can stretch into years. The three main employment-based visa categories are EB-1, EB-2, and EB-3.
EB-1 visas are reserved for individuals with extraordinary abilities or achievements in fields such as science, art, education, business or athletics. The requirements for this category are stringent and include proof of significant contributions to the field of work or industry relevant to their application.
EB-2 visas are for professionals holding advanced degrees or possessing exceptional abilities in their field. This category includes people who have completed master’s degrees or higher-level academic qualifications from accredited institutions within the United States or abroad. Also included within this category are those showing an exceptional ability through evidence of published research papers and other similar accolades.
EB-3 is meant for skilled workers with at least two years’ experience/training required by employers in any given job sector ranging from nurses to restaurant staffs. Despite being less competitive than its predecessors – there exists a massive backlog; hence making it more difficult to obtain compared to when it was first introduced.
Conclusion:
The U.S government has tried over the years to balance promoting legal migration pathways into America’s workforce while limiting foreign competition in certain industries where skilled domestic talent is available – all while dealing with illegal immigrants working illegally within US borders. Efforts by Congress throughout history have resulted in several laws aimed at curbing illegal immigration while still encouraging highly-skilled individuals from abroad; however enforcement measures have always been lacking leading us down a path that continually gets more complicated piling up cases upon cases on already existing backlogs.
While changes continue to be made today regarding employment-based immigration policies – ultimately every citizen must come together if we hope ever truly resolve these issues once and for all: until then – we shall keep pushing forward.