The U.S. immigration laws haven’t changed much since the 1970′s.  The basic rules are the same, even as immigration patterns have shifted with the tech boom and the increase of skilled immigrants from South and East Asia.  The laws about H-1B and L-1 visas and green cards are fundamentally unchanged.

But there are two big differences, one good and one bad.

First the good news.  The government bureaucracy is more efficient.  MUCH more efficient.  In the old days, applications would be delivered to the government, and in many cases the file was lost.  Receipts were little pieces of paper similar to those in convenience stores, with no tracking system attached to a receipt.  Delays for years were not uncommon.  This system was terrible for businesses, but good for people trying to avoid deportation.

Nowadays the USCIS actually uses computer systems that work.  You file a case, and you get a receipt and an estimated time-frame for a decision.  And they actually keep to that time schedule, or at least within a couple of months of the estimates.  There are on-line systems for tracking cases, and files generally don’t get lost.  To us old-timers, that is a miracle.

Now to the bad news.

Within the government, there has always been a sizable group of officials who do not believe in immigration.  Ever since 9/11, and especially since the economic downturn in 2008, that group is in charge.  They view their duty to enforce the laws as strictly as possible. For them, every immigrant kept out the U.S. is one fewer potential terrorist or one fewer person to “steal” U.S. jobs.

It’s become a political game, with immigrants as the football.  Immigrants are viewed as the enemy, rather than as strength.  For a country built on immigration, this view seems like a contradiction.

But it’s not.  Throughout history, there have always been anti-immigrant forces.  In the late 1800’s, they railed against the dangers of Chinese immigrants.  In the 1910’s and 1920’s, it was Southern and Eastern Europeans who were described as a danger to the country.  Since the 1960’s, it’s been the Mexicans.  And now it’s the Muslim “terrorists” and Asian H-1B workers.

We know from history that immigration is crucial for the United States.  It will never be stopped.  When the economy improves, the current anti-immigrant hysteria will subside.  Government officials will continue to be tough, but the most outrageous policies will fall away.

I wish I had a crystal ball and could predict how long it will take for a fairer system to take hold.  I don’t foresee any big changes in the next few years, as both Democrats and Republicans pander to the ant-immigrant voters.

So my job will continue to be difficult.  But I’ll continue working, case by case, to ensure fairness for my clients.