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Over the years, two diametric objectives have emerged within the U.S. employment immigration system: protectionist measures to safeguard or protect the interests of the U.S. workers (which have a corollary purpose of protecting the interest of international workers) and competitive measures to attract and retain highly skilled workers. Currently, the system is out of sync in meeting the needs of the (1) U.S. as a global competitor; (2) domestic industry; (3) U.S. workers; and (4) international workers. The quantitative restraints have led to a decade or more wait for legal permanent residence, which is impeding the U.S. from attracting and retaining highly skilled workers. On the other hand, the U.S.’s global competitors are in the position to offer immediate permanent residency or at least permanent residency within a relatively short period of time. The burgeoning new economies, such as in India and China, have an impact on the flow of immigrants. Already there is evidence of reverse brain drain from the U.S. to these countries, although that flow, at present, may have been exacerbated by the deepening worldwide recession. Further compounding these changes is the looming threat of the world’s aging population. All these developments may heighten the competition for highly skilled workers. Moreover, on the domestic level, dissatisfaction with the competitiveness of the immigration system, which has prevented employers from hiring the necessary skilled workers, has caused some of the leading information technology companies to relocate or outsource their work. This, in turn, has serious repercussion to the U.S. economy, as much needed job creation opportunities are lost at the time when they are most needed. Further, the very mechanism utilized to protect the U.S. workers against wage suppression and adverse working conditions may have the potential to be misused and may adversely affect the interest of the U.S. worker. For instance, even though the hiring of overqualified international workers may be in compliance with the law, it still does have the potential to suppress wages in the long run. As for the international worker, any immigration destination country or home country that can offer long term career and personal advancement, as well as an opportunity to be with family, will likely be attractive. In view of the above, any corrective measure that is undertaken should focus on these two aspects: (1) leveling the playing field between the U.S. workers and international workers by tightening the protectionist measures against wage suppression and adverse working conditions, and (2) liberalizing the quantitative limitation. These would have the effect of ensuring optimal protection for the U.S. workers and the international workers, as well as improving the competitiveness in attracting and retaining highly skilled workers to meet the needs of the domestic industry.

ssrn electronic journal

An Analysis of the United States Employment Immigration System in Attracting and Retaining Skilled Workers and the Effects of its Dichotomous Objectives - Competitiveness versus Protectionism: A Case for Reform?