Re: Avoidance
If more people understood what a convoluted, bureaucratic nightmare the process involved in immigrating to another country is, the calls for immigration reform would include making it less expensive, more efficient, and expeditious. This includes all of the immigrant-accepting countries, not only the USA. I’ll share a couple of personal experiences to illustrate.
I was a Canadian foreign service officer for twenty years. Although I was not an immigration officer, I frequently issued visas when I was assigned to small diplomatic missions without resident immigration staff. This isn’t unusual in the Canadian foreign service – our diplomatic missions are a small fraction of the population of US embassies/consulates.
I was frequently asked by potential immigrants if they should engage an lawyer to assist with their application. At the time, my usual response was that if the applicant was truly qualified, an immigration officer would process their application without the need for a lawyer. During the past twenty years, I have changed my opinion considerably. Due to the legal morass that immigration processing has become, without a lawyer ensuring that applications are correct, the chances of refusal are almost guaranteed. The immigration lawyers have morphed from being visa officer groupies to an essential part of the algorithm. The point: I know something about the process and business of immigration.
I left the foreign service in 1998 for a career in management consulting. In 2005, I was approached to take on a contract in the US – allegedly a short-term engagement to assess the implementation of an enterprise system. I entered the US on a TN-1 visa (the “free-trade”, or NAFTA visa), valid for one year. During this period, the relationship with the client flourished, and they offered to sign a seven-year contract.
With a substantial investment in legal and other business services, I incorporated, and was granted an L1-A visa. I moved my family to the US and bought a home. I hired staff, sub-contracted work to both American and Canadian consultants, and grew the business. Collectively, we paid well over US$1MM per year in taxes – these included remittances to the IRS from my Canadian consultants. To be precise, we were legal: we utilized the professional services of accountants and lawyers, and all requirements across the gamut of local, state and federal government were met.
The L1-A visa is a method for obtaining a green card. With the business growing and going well, I applied. It was refused. Despite hiring staff and expanding the business, I was judged to be performing more consultant-type work and not those of a corporate president (even though I was the president). We appealed. We lost. The government visa processing fees and professional services cost well over $200,000 during the seven years I was there.
My L1A status expired. I let my staff go, folded the business, and returned to Canada.
What chance does an independent applicant have?