Two “W’s” : Warning and W Visa

CIS Warnings: The down side of the U.S. Senate's approval of a comprehensive immigration reform bill is that it has encouraged scammers and disreputable operators to take advantage of illegal immigrants. This is happening a lot in regions with large immigrant populations such as Florida, California and Texas.

According to CIS, scammers tell illegal immigrants that they can be placed on a list that will fast-track them to legalization if they pay fees of as much as $1,000 or $1,500. Of course, there is no list, no fast track and no new immigration law. 

Some scammers have moved to the Internet with sites that resemble federal government sites. Immigration officials warn immigrants to deal only with the federal government directly, or with qualified immigration practitioners.

CIS has also warned the public about a new telephone scam. The caller announces that there is some discrepancy in U.S.C.I.S. records, asks for confirmation of data, then tells the individual that there is a penalty for not clearing up the discrepancy and that the individual needs to send a sum of money via Western Union to an address the caller provides.

What Is the W Visa Program? First of all, we remind everyone that there is no new immigration law at this time, so there is no new W Visa right now. The coming months will see if this proposal becomes law.

The W Visa is a new classification that would allow lower skilled foreign laborers to work temporarily in the country.

The W visa creates a guest-worker program that would apply to lower-wage workers, including housekeepers, landscapers, retail workers, restaurant staff and some construction workers.

If the W Visa becomes law, it would probably start in 2015, and would allow foreign workers with lesser skills to apply for jobs in the United States.

The program would be based on a system of registered employers who would apply to the government for participation. After these registered employers are approved by the government, they would be permitted to hire a specific number of W visa workers each year.

The employers would be required to advertise their open positions for a period of time to give U.S. workers a chance to apply for the openings. Businesses would be prohibited from advertising positions that require a bachelor’s degree or higher degrees.

The spouse and minor children of the W visa-holder is allowed to accompany or follow to join the worker and can receive work authorization for the same period.

The U.S. Chamber of Commerce has approved the W Visa plan, believing the system for bringing in temporary workers would be good for business and good for the U.S. economy. The chamber said in a statement: “The new W-Visa classification features a streamlined process for employers to register job openings that can be filled by temporary foreign workers, while still ensuring that American workers get first chance to apply for every job.”

Under the Senate’s plan, the number of W Visas offered would be capped at 20,000 the first year and increase to 75,000 for the fourth year. Supporters of the W Visa plan point out that in future years, the US will need more lower skilled workers, especially as the US population grows older and requires more care givers in the health industry.

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Q.1. If there are any new immigration laws, when would they take effect?
A.1. Many Republicans in Congress are still opposing the idea of giving a path to legalization or citizenship to the 11 million illegal aliens now in the US. This matter could result in the failure of any new immigration proposals. Representatives will continue debate about the matter when they return to Washington in September.

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Q.2. If the W Visa plan does become a law, would citizens of Vietnam be eligible?
A.2. The law would apply to citizens from any country, though it is aimed mainly at Mexican and other Hispanic workers. However, the question is, How many lower skilled workers in Vietnam would be able to afford the cost of travel to the US, and the cost of settling into new homes in America?

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Q.3. Would the US Consulate in Saigon issue W Visas easily if the jobs are available in the US?
A.3. It is not possible to predict how the US Consulate would handle these visas. We suspect that they would issue only a small number of W visas at first, to see if the W Visa holders return to Vietnam at the end of their employment in the US.


ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
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