Considering the failure of Congress to address the thorny issue of illegal immigration states have been left to establish their own laws aimed at curbing illegal immigration. This approach will surely create a new patchwork of state regulations that could blow up in the face of Congress if it attempts to exert its authority and pass immigration reforms that supersede existing state established reforms. Action from lawsuits claiming violation of Due process of law and/or violation of the 10th amendment of the U.S. Constitution addressing state’s rights to violence could accompany reaction to any ruling or movement on the immigration issue. A ruling by the U.S. Supreme Court is highly unlikely, however; the high court’s recent history of basing rulings on international law could put the illegal immigration issue on center stage.
An H1B1 visa is defined as a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The law defines an H1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The H1B1 visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s degree or its equivalent. Typical H1B1 occupations include architects, engineers, computer programmers, accountants, doctors and college professors.
The Obama administration has said that it strongly supports expansion of H1B1 visas as a method of economic stimulus and as a means of reforming U.S. immigration status giving educated foreign workers a path to citizenship. Proponents of such a policy have argued that as the U.S. economy improves it will create jobs that demand high tech skills. However, the question of whether such proponents are aware of the economic reality known as structural unemployment remains. The principal states that a certain number of individuals will not achieve the goal of obtaining a job in their field as it is a trait of a free-market economy that the economy is not capable of producing the kind of jobs society demands in the quantity demanded to match the skills one possesses. Will the new administration expand the H1B1 visa program? Will such expansion bring about the displacement of a greater number of American workers by outsourcing American jobs to foreign countries? An answer to the latter depends on the answer to the former thereby rendering the final answers ignotus. What is known is that if in the future an American worker wonders to which foreign country the job he once had is being outsourced he may not need to look farther than those nations most negatively affected by U.S. policy reforms aimed at combating illegal immigration.