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Retrogression and Power Balance Between Employer and Employee

4/3/2007

The EB immigrant visa retrogression has created two groups from the perspectives of the employers and alien employees. The people in the first group are those who have filed I-485 and faced retrogression, and the people in the second group are those who have yet to file I-485.

There is a huge difference between these groups when it comes to the dynamics and the power balance between the employer and the alien employee. AC 21 gives the alien employees a freedom to go into the open job market after 180 days of filing of I-485. Since change of the employment in a similar or same occupation will not affect their green card process including the priority date, the alien employees enjoy the power in the negotiation of the terms and conditions of employment. As the economy grows further, the power of such alien employees will grow stronger.

People may remember the days in 1997, 1998, and 1999. There was a booming economy and recruitment of alien employees, particularly professional employees posed a serious challenge for a large number of business to survive. The incentive program and employee referral program were one time two most popular terms in the labor market. Offering a huge bonus and an expensive automobile was not uncommon. This first group has such privilege thanks to the AC 21 Act.

The second group is vulnerable to the abuse by the employers because of the steep retrogression and the value of priority date. Termination of the employment will practically end their immigration journey unless the employer is willing to keep the "permanent" job opened for years to come. This gives an enormous power on employers over the alien employees. There is a growing sign that these employees often see no pay raise or small adjustment of rate , not to mention the incidents of pay-cuts from time to time.

These employees practically do not have any bargaining power to negotiate the terms and conditions of employment because of their "long and long" immigration journey. It is hoped that the employers follow the business ethics and restrain themselves from taking advantage of the alien employees' vulnerability as affected by the visa retrogression.




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