Rising Unemployment: Immigrant challenges and opportunities

By Stuart Tendler

In September, U.S. employers took 2,269 mass layoff actions. This was the highest level since September 2001, and, on a seasonally adjusted basis, affected 235,681 workers.

Higher unemployment means greater difficulty for aliens looking for jobs. Because of the visa application process, employing aliens means additional paper work, and during difficult economic times even extra paperwork may be too burdensome for some employers. More ominously, as unemployment increases, employers may layoff nonimmigrant workers on H1-B visas, and if terminated or unemployed, aliens may face a status issue.

The annual cap of 65,000 visas (plus 20,000 for people who earned their advanced degrees in the U.S.) limits aliens’ employment prospects even during periods of economic growth. Nevertheless, the law exempts institutes of higher education from the annual cap, as well as employees of nonprofit research organizations and government research organizations. Because of a lag between economic downturns and cuts in higher education funding, focusing on the higher education and nonprofit research job markets provides aliens one strategy during poor economic conditions.

A poor economy also makes the PERM process more difficult. Before obtaining PERM certification for alien employees, the employer must test the local job market and ensure that no qualified U.S. worker is willing to take the job. As more U.S. citizens lose their jobs, it is hard for employers to go through the PERM process. Moreover, given the hard economic situation, the Department of Labor tightened its scrutiny, as the DOL is supposed to protect the U.S. worker’s job opportunities.

Although a poor economy decreases aliens’ opportunities under PERM, EB-1 and NIW provide a path to permanent residency that is relatively immune to economic conditions. EB-1 and NIW allow aliens to avoid the labor certification process and obtain a green card on the merits of their achievements.

Aliens of extraordinary ability, who can demonstrate that they have risen to the top of their field, qualify for an EB-1(a). Moreover, aliens who can demonstrate that they have made a contribution to their field in a greater degree relative to peers with their same level of education and experience qualify for a NIW.

EB-1 and NIW provide particularly attractive options for post-doctoral research associates, and other researchers with advanced degrees, as well as Ph.D. students, and other professionals, particularly those in medicine, science, math, or engineering professions.

Stuart Tendler is a legal research/writer at Zhang & Associates, P. C.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Houston ∙ New York ∙ Chicago ∙ Austin
Tel：1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website：http://www.hooyou.com

(11/11/2008)

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