Archive for November, 2011

Why American workers just won’t do some jobs

November 16, 2011

This week  Business week explored the subject as to why some Americans wont do “Dirty Jobs.”  After Alabama passed its most restrictive Immigration Law, the poultry industry, the fruit picking industry, the construction industry are all virtually shut down because no Americans who will take these jobs. This even though Birmingham Alabama is declaring bankruptcy and unemployment is sky high. The article says that these jobs are hard, and pay little with no benefits. The comments on the article are ablaze with how these employers should pay higher amounts and have benefits. But the article does not elucidate as to what will happen if we mandate employers to do that.

The cost of food will go up. The Americans will initially take the jobs.  Then when they discover that its hard work, they will quit. Why? because Americans have this sense of entitlement that immigrants don’t have.

This sense of entitlement amongst “true Americans” is pervasive throughout the society. Go to any ivy league college, and there are the kids who got in through legacy, who will walk around in their designer clothes as if they own the world. Yet they contrast with their immigrant classmate, who got in based on merit and continue to outperform the legacy kids in academics.  That is why you have people like George Bush and Rick Perry, graduating with a “gentleman’s C”  They never had to work hard ever in their lives.

Same is true of the blue-collar workers. They are spoiled with clean, cool working conditions with accompanying money and benefits. Make them work in the field under the burning sun or in a smelly poultry factory, and their auto industry trained body will not take it.

Yet immigrants come in, work hard and don’t complain. That is true of all immigrants , in all ages, starting from the pilgrims. They were not born into privilege. They chose to live in America and expect to work hard and go up the ladder. And that is how America was built, and that is how it became a super power.

So if we become restrictionists like Arizona and Alabama, it is our quality that will suffer.  By becoming insular and white, we will turn the clock back to the time of the Willy Lomans (Death of a Salesman) of this country.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Privacy Issues in the Internet Age

November 11, 2011

This week the Supreme Court heard a case as to whether the police can track an individual through a GPS (available in most smart phones) without a warrant. USCIS has also been using the internet for some time now.  For family based cases based on marriage, the officers check facebook to see the status of the person. Never mind that some people forget to update their status from single to married especially if they are not addicted to Face Book.

But what is more irritating is that USCIS uses Dun and Bradstreet (a private company) to check the address of companies filing for employment based cases. D&B extremely frequently do not update their listing of the Companies.  USCIS  “suggests” that the Employer update their information in D&B. Employers are not lawyers and get scared whenever any Government authority tells them to do something. So they call D&B, who then sign on these employers for paid listings, etc. In the end, this Government agency is enabling a private company to solicit employers and enrich their pockets.

Is this Legal? Yes, employers may not have a right to privacy, but should USCIS suggest to employers to follow up with D&B reporting? Especially when there is NO law to do so?


Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information


November 2, 2011

The Department of Labor (DOL) has announced that the Perm audits will increase. Of these audits, 24% are certified, 55 % are denied and 21% are withdrawn.

The DOL says most of the denials are in the lower skilled categories and in the financial industry. DOL feels that by denying these petitions, they are protecting American jobs.  However, there are some lower skilled jobs (like machine work, technical work in the oil and gas industry) where there is a real shortage of US workers. No US Employer goes through the hassle and expense of the Immigration process if they can find qualified local grads. And by “qualified” I don’t mean the least qualified, I mean the most competitive.

The DOL also expressed surprise that 21% of the cases were withdrawn.  They think that those are fraudulent filings. Not so.  It takes two years for an audit.  The DOL has a target time of 45-60 days for approving PERMS. Many qualified employees don’t want to wait that long.

The whole problem with restrictionist policies is that they negate free market capitalism, and thus are inherently un American.


And that is the problem of the whole PERM process. DOL just restricts the job to the least qualified individual who can do the job. Lets say the Petitioner is Bank of America. The position is an investment analyst.  The minimum education requirement is a Bachelor’s Degree.  The Beneficiary is a graduate in finance and Math from MIT.  Lets say someone with Rick Perry’s credentials (a C from Texas A & M ) applies. Would you rather have financial advice from the American born A & M grad or the foreign-born MIT grad? By insisting on having the lowest possible credentials available to do the job, the DOL is actually dumbing down the American workforce and decreasing quality of work here.


Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information