03/10/2003   English German
  Edition # 43  
San Francisco, 03-10-2003

The Boat Is Full

Michael If you have read our explanations on the topic of the "Green Card," the following news should not really surprise you: At the moment, it is almost impossible to obtain a work visa or a Green Card through an employer.

Why? As we've explained back in Rundbrief 09/2001, one of the first necessary steps for permanent residency is the Labor Certification from the Department of Labor, which certifies that the employer who wants to hire the foreigner cannot find an American for the position in question. This usually involved the employer advertising the position in the newspaper for 6 months and reviewing any applicants who responded. If no suitable applicant was found by the end of the period, the gentleman or lady from overseas received the okay from the Department of Labor, the 'Labor Certificate'.

The job market has been severely shaken in recent years, and many software developers are out of work. The days when job openings went unfilled for months, with either no applicants or only unqualified ones, are long gone. Except in very rare cases where globally unique specialists are needed, no software company can currently provide the proof required for the "Labor Certificate"--and as a result, it's becoming increasingly difficult to obtain work-related green cards.

And even for the people who have already gone through all the necessary steps over the past few years and are now just waiting for the actual card to be issued, unexpected hurdles are arising: Rumor has it that the INS installed new computers at the beginning of the year and hasn't sent out any green cards since December. Applicants near process completion are getting restless, as March is approaching. But well, the INS is notorious for its snail's pace, so let's give them six months, which is just about a week on the INS clock.

Small addendum from Angelika: The delays are also due to the fact that the Immigration Office was subordinated to the newly created 'Department of Homeland Security' and split into two agencies. Officially, it is no longer called INS (Immigration and Naturalization Services), but Bureau of Citizenship and Immigration Services (BCIS), which is still responsible for issuing Green Cards, visas, and processing applications for American citizenship. The other branch of the agency, 'Borders and Transportation Security,' is now responsible for securing the borders and tracking down individuals who violate immigration laws. At the moment, there seems to be complete chaos, and no one knows who is responsible for what.

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