Olivia Alla is a Department of Homeland Security officer (e-mail her
) who, after years of observation, makes these suggestions on how to deal with legal and illegal immigrants:
Legal workers The Congress gears the existing law regulating how a potential employer is to seek a foreign worker to work in the USA on temporary working visa as follows.1. The visa is neither changeable nor adjustable which means it doesnâ€™t create any additional right whatsoever enabling the worker to become a permanent resident of the USA.
2. The employee must, following the existent procedure, prove to the Department of Labor (DOL) the impossibility of hiring American workers and ask for a permit to bring in foreign workers. There are no blanket petitions and visas anymore.
3. The employer must give to a foreign worker a competitive pay and benefits that are customary in the given field in the USA.
4. The DOL presents the approved petitions to the Department of State (DOS).
5. The DOS distributes the petitions to appropriate embassies of the approved countries.
6. The embassy advertises the program in the host country and collects applications. Decision is based on skill, age, health, other necessary attributes. It informs the applicant of his legal responsibility while in the USA as a guest worker, as well as about work place, duty, starting and departing dates, pay, benefits, and living conditions, and so on.
7. The host country must agree to reimburse the USA for any damage and expense incurred by its citizen during his term in the USA, in case the citizen unable or refuses to pay.
8. No accompanying family member is allowed.
9. The visa stipulates that, while under the contract, no more than 20 percent of the earning is be accessible to the worker in the USA. The rest goes to the workerâ€™s account with the corresponding USA embassy. during
10. When back in his country the returned worker presents at the embassy a documentary proof of his timely departure from the USA and return to his domicile, and a letter from his employer. Only after the worker gets the rest of the earned amount in his possession.
11. An overstayer (who doesnâ€™t leave on time) is declared a criminal, the earned money and all his possessions in the USA are subject to forfeiture, he becomes a subject of the automatic removal from the USA without a trial and inadmissible into the USA for the following 20 years.
12. In case a visa-violator worker is unable to reimburse a material detriment, any other expense consequent to his stay and removal from the USA, his home country pays the bill.
In case of denial the amount will be hold against the host countryâ€™s property and funds in the USA.
13. The employer has right, while the worker still in visa status, to apply for an extension of stay. It might be granted with strict limitations and without right to apply for a change or adjustment of status.
14. To apply for a change of working status or an employer, the worker must leave the country unconditionally.
15. After a workerâ€™s visa term is over, the employer has to present a recommendation letter to the consequent embassy.
16. The worker presenting a positive recommendation letter may apply for another visa.
17. The worker negatively evaluated is inadmissible anymore under this program.Illegal immigrants18. The employer hiring an illegal is a subject to a significant fine and other severe legal consequences.
19. An informant of such violation is a subject for a government protection and entitled to a sizable share of the fine amount.
20. The law declares each illegal a criminal.
21. An illegal must register with the DHS in 30 days after publication of the law and indicate the time and manner of his voluntarily departure.
22. According a practical situation a registered illegal could be given a reasonable time to take care of his property in the USA.
23. Only a voluntarily departed registered illegal has right to apply for a working visa in the USA. To apply for a working visa the person must leave the USA voluntarily and apply from the country of his domicile.
24. As a token of encouragement, a voluntarily departed registered illegal applying for a working visa from his home country upon submission of a documentary proof of his voluntary departure from the USA and a positive letter from the employer gets a priority, up to three times, ahead of other citizens of his country.
25. An illegal, who refuses to register and to leave the USA voluntarily during the allowed period, is declared a criminal with the consequences described above.
26. In case of incurring any financial responsibility as the result of illegal entering and staying in the USA, the unregistered illegal is liable with all his property in the USA and abroad.
27. If an unregistered illegal is not solvent, the bill goes to the government of his home country or charged against the property of such country in the USA.
28. Congress declares: a non-American entered the USA illegally is criminal and is not a subject of the American Constitution.