New immigration rules could cut access to needed workers

Congress and the nation have been involved in soul-searching on the issue of immigration. But no matter what one's political beliefs might be, Wisconsin businesses have a clear shared goal - access to the employees necessary in the 21st century.Congress and the nation have been involved in soul-searching on the issue of immigration. But no matter what one's political beliefs might be, Wisconsin businesses have a clear shared goal - access to the employees necessary in the 21st century.

In the Capital Region, technology, innovation and world-class ideas are spawning the need for top-notch scientists, engineers, and computer professionals.

In addition, groups of fairly treated immigrant employees are needed to augment the ranks of tough-to-fill positions in manufacturing and service.

Although Wisconsin bucks the Midwestern norm of losing population, it's just barely in that position. While many in the country are thinking philosophy and policy, we need to think about reality.

Help shape the law

It is a good time for Capital Region businesses to help shape the law: The President supports reform, the American people support reform, and immigrants and employers desperately need it.

Here are the major provisions in most Congressional immigration proposals. Use it as an outline of issues to consider and then a roadmap to express opinions and real-world facts to Washington.

EEVS (Employment Eligibility Verification System): This would replace the current vague I-9 system. But any new system must have flexibility and safeguards for employers and employees so that questionable data on hundreds of millions of people does not hold business hostage to months of waiting and paperwork.

Point system for permanent immigration (green cards): While a merit-based points system that rewards education, language ability and certain professions seems like a good idea, the proposal of keeping the current green card system that allows employers to sponsor specific employees with the right education and skills, when they cannot be found in the American work force, should be augmented with the points system, not replaced by it. The current specific sponsorship system needs more green cards to clear long backlogs.

Z Visa: While the most politically divisive issue in Washington, a visa status that would begin a long process of earned legalization for millions of undocumented workers is simply a reflection of reality. People are already here in the U.S. because they want to work and businesses need them.

If the Z visa can deliver a fair job to a person who wants it, and if Wisconsin businesses cannot find enough local workers, employers would support it even if it takes a long time. It allows those who had already been in line to stay ahead.

Most current proposals could not realistically be considered "amnesty" because it could take as long as 15 years to become a citizen and involves serious fines.

Y Visa: A fair and tough guest worker system would be welcomed by Wisconsin businesses. But new workers are not likely to use it if it requires people to go back home every two years for a year.

H-1B (professional visas): The H-1B program must have enough visas available to keep Wisconsin businesses competitive in the fields of science and engineering.

This year, employers filed more than 123,000 H-1B petitions in one day but only 65,000 were available.

Since the H-1B has built-in provisions that protect American workers (e.g. prevailing wage requirement), Congress should provide businesses enough to meet the demand instead of shipping work overseas or allowing these best and brightest to slip away after attending U.S. universities (more than half of graduate students in the U.S. in the fields of math, science, and computer engineering were not born in the U.S.).

Border protection: Since all Congressional proposals include stronger borders, and the vast majority of Americans support them, less effort is required here. But the provisions outlined above would create a realistic, fair system that would put less pressure on the border.

Our representatives need to know that this isn't just an issue for the border states.

If you have an example to share of how your business is affected by immigration, contact your representative or senator through www.senate.gov or www.house.gov.

Grant Sovern is a partner at Quarles & Brady law firm.