Field Hearing in San Jose Examines INS Delays

(February 28, 2000) Bay area Members of Congress held a field hearing in San Jose, California, on Friday, February 25, on delays and other problems at the Immigration and Naturalization Service.

Rep. Zoe Lofgren (D-CA) (web site | bio) represents a Silicon Valley congressional district, and sits on the House Judiciary Committee and its Immigration Subcommittee.

The Members of Congress heard from individuals about delays at the Immigration and Naturalization Service, and from companies whose businesses are hampered by inaction at INS. The hearing covered a wide range of immigration problems, including delays in obtaining H1B visas, permanent residence status, and citizenship.

Zoe Lofgren

Rep. Lofgren stated that "The inefficiency of the Immigration Service, particularly when it comes to naturalization and adjusting the status of immigrants, has greatly concerned me and my colleagues in the California delegation."

"We have met on a regular basis with Commissioner Doris Meissner to air our frustrations and to find some fair and expeditious way to end this human tragedy. Each of us, individually and jointly, has received reassurances and promises from INS that things were getting better and soon. But they haven't. Instead, they've gotten progressively worse in the five years I've been working on this problem."

Rep. Lofgren also stated that some people were afraid to testify at the hearing. "I am aware that an Executive from a local high tech firm, someone so successful that he paid 40 million dollars in taxes last year to our American government, was also fearful of INS retaliation and so is not present to testify."

Rep. Lofgren also spoke about Linus Torvalds. "Linus is an H-1B visa recipient. There are some who believe we have admitted enough persons under H-1B. Well this is the kind of person we might exclude if we stop H-1B visas."

"This astoundingly accomplished person has filed for permanent residence under the "outstanding scientist category." I find it incredible that the INS still hasn't gotten back to him on his application." She stated that it is taking the INS "three years to open a file" for him.

Linus Torvalds discussed his problems with the INS. "In order to actually be a permanent resident, and what makes you start appreciating the pure bureaucracy of the whole INS experience, you can't just apply for a green card. You start out applying for permission to apply. Once you have petitioned (and been allowed) to actually work here as an immigrant rather than as a temporary worker, you can then actually move on to the exalted status of waiting for your green card application (I-485) to be accepted .... which can take a long time. The official INS notion of action papers said that the I-485 phase is supposed to take half a year. It's been a year and a half now, and the INS hasn't informed me of my status. In the meantime, whenever we want to travel to meet friends and family in Finland, we need to make sure that we have extra travel documents so that we can actually come back to where we live and work."

In short, the current INS system doesn't work even for the people who have everything going for them," concluded Torvalds.

Heidi Wilson, Corporate Immigration Manager for Sun Microsystems, discussed difficulties in getting skilled high tech workers.

"Due to a variety of factors, including a shortage of skilled workers here in the U.S. and the need for unique skills, Sun must rely on the INS to help provide us with access to a critical portion of that workforce. It is common knowledge among those who are familiar with the information technology industry that high tech companies, including Sun, rely heavily on the contributions of highly skilled foreign professionals. While this group only constitutes approximately 3% of Sun's total workforce in sheer numbers, their importance to the company in the areas of critical projects and special expertise is great."

She continued that "lengthy delays and inconsistencies in INS processing are resulting in major complications for company projects, planning and goals." This results in "lost business opportunities, slower innovation, and diminished productivity overall."

"My office hears regularly from green card holders whose applications for citizenship have been with the INS for three years or longer," said Rep. Anna Eshoo (D-CA). "This poor service is sending the worst message possible to impressionable immigrants that are in the process of becoming citizens of our great nation."