America Needs A Modernized Lawful Migration Policy To Sidestep Labor Shortages And Economic Dips

As the November election creeps closer, the public is heavily focused on illegal immigration and its disastrous impacts. Biden is suing states for attempting to charge undocumented immigrants. Meanwhile, business leaders are pleading for migrant workers to gain legal working rights. In the midst of a labor shortage, immigrants have become a plausible solution for America to jumpstart its faltering economy and compete internationally. As a business immigration lawyer who is also a zero-generation immigrant, I believe it's time for Congress to consider modernizing the policy toward lawful business immigration, which has remained largely unchanged for several decades. Implementing several comprehensive measures is the only way to fix a system that drives the brightest minds away.

America was built on the backs of courageous, skilled immigrants who took a chance in the land of the free. Today, foreign-born individuals represent 13.9%--46.2 million– of the total population. But America isn't welcoming or supporting talented immigrants. The country is penalizing them. For example, the H-1B work visa system is a lottery with limited spots and random selections. This goes to show that it doesn't matter what merit you have, your success relies on impeccable data entry and good luck.

In the context of employment based immigration, there are still persistent issues. For example, the employer-sponsored green card program (EB-2/EB-3), which can take years to see a foreign national to become eligible. For the investment-based immigration program (EB-5), the process can easily take over 10 years. The investors–who have the capital necessary to make large economic contributions–must navigate the complexities of America's immigration system. I'm not advocating for America to grant instant access to foreign applicants, but it's in the nation's best interests to embrace a modern, more nuanced approach to inviting innovation on its soil.

Highly skilled immigrants drive innovation and entrepreneurship, creating jobs and boosting productivity. Despite representing a small pool of the American population, about 25% of all businesses in the fastest-growing sectors were founded by immigrants. Out of 91 American unicorns–companies with a valuation of $1 billion–55% have at least one foreign-born founder.

Business immigration diversifies the workforce, increasing innovation, profitability, and cultivating global connections. However, the limitations of the existing immigration system are holding America back. Several countries have developed novel initiatives like startup, digital nomad, and citizenship by investment programs, but the US hasn't changed much. This bureaucratic reluctance is influencing foreign talent and investors to flock to countries like Switzerland, Singapore, and the UK.

The US immigration system moves at a snail's pace in an ultra-fast, tech-enabled world. To compete on the global stage, America needs to reduce bureaucracy and embrace innovation. The current system is not only outdated and inefficient, but it's also highly inaccurate. With only 50% of procedures happening digitally, the margin for human error is far too high for the world's most successful nation. America should be leading by example, integrating cutting-edge technology like AI and machine learning into its immigration system. Instead, this fragmented system is putting national interests at risk.

The government can take three steps to open the door wider for the right immigrants. Outside of these instructions, I urge policymakers to retire their archaic view of immigration. A person no longer carries a fixed value in the age of AI. Their skills can widely impact the economic and social capital they bring to America. It's time we recognize their nuance instead of forcing them into categories that limit their potential.

American immigration needs to broaden applicant criteria to account for the growing number of highly skilled workers. Expanding visa categories to include a wider range of skilled professionals, such as STEM graduates and entrepreneurs, will address labor shortages and fuel economic growth. For example, not being at the top of your field shouldn't discount your value to the American economy. In certain circumstances, entrepreneurs can still have massive amounts of value to the US economy, even if they don't create enough 'jobs'.

After accepting a wider pool of immigration applications, the US should increase the green card quota and change the rigid per-country quota requirement. Each year more people are applying, but the same number are being accepted. This results in people from specific countries having to wait decades for certain green card categories. Without intervention, this will continue driving talent and innovation abroad.

Lastly, the American immigration system is in dire need of digital transformation. The current process resulted in paper-based applications, some of which become hundreds of pages long. Streamlining processes through the integration of technology and AI will reduce processing times, enhance efficiency, and improve the overall experience for applicants. Countries globally have rolled out secure platforms for applying, reviewing, and issuing immigration decisions. America is one of the last countries that should be an exception.

America was once known as the land of opportunity. Individuals from across the globe dreamed of contributing to this great nation. I immigrated to the country after university, hoping to create a better life for myself and my future family. Many of my dreams and those of other skilled immigrants have come to fruition, but there's an underlying issue with America's immigration policies. Millions of highly qualified and capable individuals are barred from settling. Even with a rise in economic concerns and geopolitical conflicts, America hasn't budged on its stance toward lawful migration. I don't expect this to transform overnight because it's not that simple. However, policymakers must make a committed effort to change the disjointed immigration system to unlock the full potential of skilled immigrants and drive economic prosperity. America urgently needs to provide immigrants with a clear path to citizenship or residency if it wants to safeguard its global dominance.

About the Author

Fankai Oliver Yang is a business immigration lawyer with over a decade of experience representing EB-5 projects and investors, companies, and persons with extraordinary ability. Oliver serves as Partner and Leader of immigration services at Reid & Wise LLC, a leading international law firm.