Immigration Update

By N. Peter Antone

Our Chaldean community has been blessed with opportunities to immigrate to the U.S. since the early 20th century. The first to arrive did so via Ellis Island, like many other immigrants at the time. Later, our community utilized both the family unification provisions of the immigration law, as well as U.S. laws allowing refugees and asylees to relocate here; however, there are other options under our immigration laws available both to individuals who wish to immigrate as well as to Chaldean employers who need employees in this labor-tight market. The purpose of this article is to explain some of these options.

First, looking at the big picture, there are two broad categories of work or employment-based visas. Some allow a temporary entry into the U.S. and are generally known as “non-immigrant” work visas. The others allow the immigrant to get a green card and those are called “employment-based immigrant” visas.

Non-immigrant work visas include the H-1b category, which is intended for those with special focused college degree such as engineering, accounting, and the like (or its equivalent in education), petitioned by a U.S. employer. Unfortunately, because of the limited number of those visas, there is an annual lottery which restricts the likelihood of inclusion in this category.

For those who are extremely qualified due to their education or abilities in art, business, or athletics, there is what is called an O visa for extraordinary individuals.

For those who may wish to train in the U.S, there are H-3 and J training visas, assuming there is an employer willing to do the training. Those with passports other than (or in addition to) the Iraqi one (especially a passport from a western European country) might wish to consider an investment visa that has a modest investment requirement. This visa allows the immigrant to work in a position related to his or her investment but does not provide for a green card.

Chaldeans who obtained a Canadian passport might be able to utilize a TN visa based on a treaty between the U.S. and Canada. There might be other available visas for more specific purposes than those already listed. A main limitation of the non-immigrant visas is that they do not provide for a green card, and most are limited in the time allowed in the United States.

Visas that lead to a green card are called “immigrant visas.” Unlike many temporary visas, these are open not only to persons with a bachelor’s degree (or higher), but also to many skilled workers. They require a petition by a well-established employer. With the right employer, they can be more likely to be approved than the non-immigrant visas listed above.

The downside is that the process for them may take up to two or more years to conclude and they require extensive effort to prove the need for the foreign workers. Consequently, due to the extensive effort and advertising required, the cost involved is substantial and according to the law, most of the costs must be paid by the employer. There is also an investment-based green card that requires an investment of about $1 million dollars which may be tied up and unable to be used for several years. It also requires about 3 years to conclude.

Chaldean employers who need more workers in this tight labor market can utilize all the above categories to sponsor an immigrant, plus more. For example, Chaldean employers needing seasonal workers might wish to investigate the H-2b category, which allows hiring of skilled and unskilled workers for seasonal needs such as landscape during the summer or hospitality workers during the busy season, mostly from mid- and South American countries.

In addition to all the above, Chaldeans living in Iraq who have school-aged children and have the means to do so might consider sending their kids to study in the U.S. to gain an early foothold here.

For Chaldeans who have the ability to visit the U.S, it is always wise to visit first and chat with an immigration specialist and get the full picture of our complicated immigration rules before starting the immigration process.