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 Two US immigration attorneys in New York anwered our questions about the economic climate, its impact on the demand for nonimmigrant and immigrant visas, returning American expats and their family.
X-Expats: Please tell us a little about your background, your firm and its clientele
Carmita Alonso: I graduated from The George Washington University School of Law in the United Sates. I am a partner at Fragomen, Del Rey, Bernsen & Loewy LLP in New York and specialize in corporate immigration law, representing top global financial services organizations and leading law firms.
With more than 1,000 immigration professionals throughout over 30 strategically located offices across 15 countries, the firm offers the highest caliber of immigration services available on a global, regional or country basis. We provide comprehensive immigration services for short- and long-term international assignments, permanent transfers and the local hire of foreign workers. I have significant experience in helping international businesses manage and better understand international assignments and the employment of professionals on both a temporary and permanent basis in the United States. I also advise clients with respect to due diligence considerations related to corporate reorganizations such as mergers and acquisitions as well as complex post-transaction employment issues.
 Mariana Vazquez- Garcia: I am the Managing Immigration Attorney at the Law Offices of Spar & Bernstein in New York. I have over 11 years of experience in immigration law. I was born and raised in part in México City and studied in the United States. I graduated from Johns Hopkins University with a B.A. in International Relations in 1995 and was awarded a J.D. from the George Washington University School of Law in 1998. Our clientele is a combination of the Caribbean, Latin American, and European, African, and Asian communities. We handle all aspects of immigration into the United States from nonimmigrant visas, to immigrant cases based on family or employment-based petitions, representing clients before the Immigration Court, handling Consular processing of immigrant and nonimmigrant cases, waiver, etc.
X-E: In your practice, have you noticed changes in connection with the hiring of foreign nationals or the transferring of personnel by companies?
CA : Yes, the economy has impacted our client’s hiring and transfer practices. However, it seems the greatest impact has been in the technology sector where the H-1B visa usage decreased dramatically. In fact, unlike years past, their usage accounts for the fact that this year H visas were still available after April 1st 2009 which is the first day that employers may file H petitions for employees to start work the following October consistent with the government’s fiscal year. As for the transfer of personnel we are seeing an increase in global transfers i.e. US outbound and between foreign countries.
MVG: We have seen a decrease in the number of companies sponsoring H-1B and L-1 petitions (inter company transfers) for people coming for the first time to the United States. However, for our practice, we have seen an average number of petitions for people who want to extend their stay in the U.S. and companies being willing to sponsor them for H-1B, H-3 (trainees), J-1 (trainees or interns), E-2 (investors), O (people of outstanding ability), & P (performers) visas.
X-E: The yearly quota for H-1B visas (professional work visa) is no longer exhausted within a couple of days. In your opinion, what are the factors involved in this sudden reversal (i.e. economic condition, US immigration system, better prospects in foreign countries…)?
CA: As mentioned above, the single largest factor is the technology industry which accounts for the majority of H visas. Their usage is certainly a result of a bad economic climate with high unemployment in the United States and more appealing prospects and flexible immigration in other countries.
MVG: We handle individual accounts, not H-1B petitions for large corporations, so the sudden reversal we have seen has been exclusively due to the economic downturn.
X-E: You liaise with foreign nationals on a daily basis. Do they still strive to become permanent residents/obtain a greencard?
CA : Yes, for the most part our experience is that foreign nationals still strive for US permanent residence. However, in certain industries, highly skilled foreign workers are finding greater opportunities in home and 3rd countries. This leaves the United States vulnerable because most of these foreign workers were educated at American colleges and universities and trained at US employers.
MVG: Yes, they want to live here or they want to come to the US to live permanently, even if they are doing just fine back home (ex. Europe).
X-E: In your opinion, how does the US immigration system compare to others (foreign ones)?
CA: While the US immigration system is the most advanced, it is very complex and makes it difficult for foreign workers to work in here both temporarily and permanently. It is well known that countries such as Australia, Canada and in Europe have processes that lure skilled foreign talent away from the United States and into their more streamlined systems. Any changes in our system need to acknowledge the practical reality that in a global economy, the United States requires top talent from around the world to stay competitive leading to growth and success for American business.
MVG: I am not familiar with many foreign systems. However, from what I know, processing for nonimmigrant visas and lawful permanent residency, it seems to be more complicated than in other countries. However, for citizenship, it is easier than other countries where the person does not have ancestors who were citizens of that country.
X-E: Do you anticipate an overhaul of the US immigration system in the near future?
CA: While there is much talk in Congress about comprehensive immigration reform, I do not anticipate this complicated and controversial issue in immigration will be resolved any time soon.
MVG: No, not until the economy improves and unemployment rates decrease
X-E: Many expatriates (worldwide) returned to their country of origin due to events outside their control (i.e. lay off, economic condition), do you think that this global trend is only temporary?
CA: Much depends on the global economic recovery. From my perspective, things are slowly getting better in this regard but that is very difficult to predict.
MVG: I’m not really aware of this trend, but I would assume that if it is based on the economy, the trend will be temporary if the economies improve.
X-E: US citizens returning home may have become parents or adopted a child while abroad. Can you explain the process to transmit citizenship and the requirements?
MVG: There is no quick easy answer to this question. Sometimes, a US citizen living abroad can report the child’s birth to the US Consulate to obtain the necessary citizenship documents. In other instances, the parent must file an I-130 Petition and process the child as an immediate relative and once the child enters the US he/she acquires citizenship. If the child is adopted, difference procedures apply, including proving that the US parent had had legal & physical custody of the child for at least 2 years before the process can be completed.
X-E: What if returning citizens are in a relationship with, or married to a foreign national? Is there a path for permanent residence?
CA: The case should be treated directly with a qualified immigration lawyer. However, the most important point to remember for a returning US citizen with a foreign spouse is to start the path to Lawful Permanent Residence as soon as possible leaving at least 6 months to a year account for potential issues such as foreign police clearances, USCIS adjudication if there is no immigration support in the foreign country, security checks and a myriad of other issues that arise in this process. Understanding the process and the time frame is critical for the US citizen and foreign spouse to properly manage their relocation plans and any unfortunate time apart.
X-E: Thank you both for answering these questions. To read more about global immigration please go to "2010: The Economic Climate and Its Impact on Global Immigration (Part 2)"
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