Dear Readers:

Well, the big immigration news for this year has already happened and 2004 is just underway. Most of you have probably heard about President Bush’s immigration plan. A few quick comments based on the initial responses we’ve received from readers:

• The Bush plan is just that - a plan. It is not law. There has been no change in the rules and all we have is the POSSIBILITY that there will be changes in the future. It could take a long time for this to become law and may not even happen this year.

• You should not develop your immigration strategy based on the Bush plan. Even if the plan passes, it could look very different than what the President spelled out before it becomes law. Furthermore, the Departments of Homeland Security and Labor will likely need to write regulations to implement the programs and this could delay things even more. Also, these agencies have a history of basically re-writing laws to work differently than what Congress and the President intended.

For the record, we support the President's plan even though some pro-immigration groups have not endorsed it. We believe that the US needs a workable guest worker program regardless of the number of undocumented workers in this country and the President's proposal will go a long way to adding that component to our immigration system. The plan will also bring immigrants out of the shadows.

The proposal will also restore legal status and workplace rights to millions of undocumented immigrants and this will be crucial in integrating this large population into American society.

With that said, we urge the President to follow through on the last part of his program - increasing the number of employment-based green card slots available. The current number is not nearly high enough to support the large number of applications that will inevitably follow implementation of a program like this.

We also urge the President not to put caps on the program. We have seen with the H-1B program and other programs what happens when Congress and the President try and second-guess the marketplace in determining visa numbers. They inevitably raise the numbers after demand has peaked and lower the numbers at the end of an economic downturn.

We disagree with AILA and other groups calling for "earned legalization" that results in permanent residency processing. By creating an easier system to get permanent residency than people who entered legally and have maintained their status, this will foster the perception that the program is an amnesty and that people who break the rules are rewarded. Of course, green cards should be available to these guest workers and if multi-year queues develop for people seeking permanent residency, our opinion on this might be different.

We would also stress that the President's plan is not the end of the immigration reform process. It is wrong that permanent residents have to wait years to bring in their spouses. It is wrong that asylees have to wait four years or more to get permanent residency. It is wrong that labor certifications take more than three years in some locations in the country. There is no shortage of problems in the immigration system that will exist long after the Bush plan passes.

We congratulate the President on taking on this issue and presenting a far-reaching proposal that will definitely make life better for millions of people as well as help our economy. While it is not perfect, it is the best news immigrants have gotten from the White House in many, many years.

Finally, as always, we remind readers that we're lawyers who make our living representing immigration clients and employers seeking to comply with immigration laws. We would love to discuss becoming your law firm. Just go to http://www.visalaw.com/intake.html to request an appointment or call us at 800-748-3819 or 901-682-6455.

Regards,

Greg Siskind