September 14, 2004

Terrorist attacks three years ago today put new restrictions on foreign workers looking for employment in the United States, sometimes leaving companies without the work force they need.

Wabash Valley employers have not been vastly affected by changes but say that could be different in the future.

Congress capped the number of H-class visas to 120,000 in 2000 but allowed the limit to drop to 65,000 in 2003. The class of visas is for those in a specialty occupation with a bachelor's degree and new H-1B visas cannot be issued until the beginning of the fiscal year Oct. 1.

There also is more paperwork, backlogs and anyone applying for any type of visa must undergo an interview in person at their country's U.S. embassy.

There is recognition the restrictions are for national security purposes, but "I think what we're seeing right now are businesses being hit on the front end," said Rebecca Peters, legal consultant for the American Council on International Personnel. The ACIP is a not-for-profit association assisting international personnel.

She said the initial interview process for work visas is taking more time, especially in areas such as the Middle East, China and Russia.

The costs to businesses are in lost profits, contracts and employees.

"Unfortunately, a lot of what's been going on is outsourcing and offshoring," Peters said.

The National Foreign Trade Council published results of a survey in June that surveyed more than 700 small to large U.S. companies about complications they encountered with visas since 2002.

The council worked with the ACIP and several organizations to show 73 percent of businesses surveyed recently experienced unexpected delays and denials of business travel visas. More than half reported increased business pains such as lost sales from visa processing.

Rules for visa applications require U.S. companies also to show they cannot fill the post domestically.

"I don't have one client who specifically and purposely does not want to hire foreign nationals," said Mariana Richmond, immigration attorney with Barnes & Thornburg in Indianapolis. "They want to hire the best people they can."

And the best are not always available with restrictions but the fields most affected are more scientific, such as the biotechnology industry, she said.

Union Hospital has about eight foreign workers employed on visas. New rules after Sept. 11, 2001 require those in fields such as nursing and occupational and physical therapy to show more documentation of valid credentials, said hospital Employment Manager Mary Halsted.

She said the hospital has not been affected by the restrictions because its recruitment is primarily from Indiana.

"If we're ever in a position where the best candidate was an alien, it would slow the process way down," Halsted said.

The visa application process simply has to begin earlier than filing dates were before 9/11, Richmond said.

"What has changed is a matter of planning," she said. "I think we're trying to correct something and we may be overcorrecting."

She said it is not business-as-usual but the restrictions just mean more time and work.

"As far as I can tell, most people think there have been huge changes since 9/11. By and large, we're still able to get the job done."

Columbia House employs three working on visas locally, said John Habets, the company's vice president of human resources. It has run into restricted visas for information technology employees but said getting them into the United States did not take an extensive amount of time.

Indiana State University has several faculty using H-class visas. Restrictions since the terrorist attacks are especially seen in applications from workers in China, Morocco, Malaysia, China and Russia. Immigrants from the countries have had a history of not returning again after their visas expire, said Gaston Fernandez, executive director at the university's Center for International Affairs.

"The Bureau of Immigrant Services never really tells you why visas have been denied," he said. "These are concerns and it impacts us."

He said a Russian student arrived several weeks into the current semester because of visa delays.

ISU has about 10 visiting scholars now on visas to conduct research at the university, Fernandez said.

Lai Vinh Cam is one visiting from Vietnam. He came over as a researcher with a university scholarship so did not face restrictions others could.

In countries such as Vietnam, he agreed there is an assumption those with visas will not return to the country when they are legally required.

Source - http://www.tribstar.com/