Attractive Immigration Policies: 'A worldwide fight for the skilled workers
| Autor | Manuel Martínez-Herrera |
| Cargo | International Labor & Employment Associate at White & Case LLP, New York |
| Páginas | 1-12 |
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"Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists."1
This famous quote by Franklin D. Roosevelt summarizes the idea that the US was born, built and became a world power thanks to the efforts and work of its immigrants and their descendents, many of them not greatly educated and without any special skills. Similarly, the prosperity and success of Australia and Canada are greatly due to the successive waves of immigration that they received over the last centuries.2Along the same lines, an important part of Germany’s amazing post-World War II economic and industrial recovery was due to the low-skilled work performed by immigrants that "left rural and mountainous areas of southern Italy, western Spain, northern Portugal, and northern Greece"3 searching for a better life in Germany.
The US, Australia, Canada and Germany4are perfect examples of how, during the previous centuries, many developed countries have benefited from the immigration of low-skilled individuals. The necessity of this type of individuals was logical in young countries (such as the US, Australia and Canada) that needed to create a society and all the infrastructure that comes along with it from "scratch," and also in countries that needed to be reconstructed after the terrible consequences of a war (i.e., Germany).
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Nevertheless, during the last decades "immigration policies in the advanced economies have shown a recent tendency to shift toward a focus on attracting high-skilled workers."5This recent "race for talent" among developed countries is easily understandable. In a society which is daily more specialized and industrially advanced, highly skilled individuals capable of performing highly qualified jobs are a coveted asset, even more so in those industries, such as the IT67 sector, in which developed countries present a shortage of workers with the required formation or experience. "Add to this the fact that highly skilled workers generate substantial economic value and wealth"8by placing their host countries "on the cutting edge of the information age, creating new technologies, products and exports"9and we can easily understand the main reasons why so many developed nations are shaping and fine-tuning their immigration policies to attract those that are usually referred as "the best and the brightest."10
For many decades the US, without needing to have a specific immigration policy in this regard, has been the most attractive destination for foreign talent. This is clearly evidenced by the fact than more than 33% of the US Nobel laureates are immigrants.11
"But this trend has changed dramatically in recent years"12as the rest of the developed countries have realized the important implicit advantages of promoting this type of immigration and have decided, by enacting new immigration legislation, to become contestants in this ongoing race.
As a result, some countries have developed special immigration policies focused on attracting highly qualified employees to their countries. In principle, there are two basic immigration systems used. Each of the countries studied has adopted and adapted one of them to its own relevant characteristics. These two systems are:
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(i) The points system: It was created by Canada and quickly copied by Australia. This system evaluates the candidate according to "certain human capital characteristics13 deemed to advance the host country’s interests."14The candidate receives certain points in each category and will be admitted into the country if he/she reaches the minimum amount of points required by the host country independently of having or not a job offer; and
(ii) The individual worker/job evaluation system: The US model generally "based on matching a specific immigrant with a specific job offer in a case-by-case process."15
Section II of this paper will provide a more in depth study of the points system by revisiting the models implemented in Canada and Australia. From the points system we will move on to analyze the US model in Section III. Section IV will deal with the peculiarities of adapting these models to Europe. Finally, section V will provide a brief overview of other techniques used to "gain brains" by other developed countries all around the globe.
"Australia and Canada, the two with established skills-based points systems, increased both the number of skilled immigrants and the share of skilled immigrants in total permanent immigration in the second half of the 1990s." 16
In 1967 Canada became the first country to implement an immigration points system as a response to the need to adapt its recently adopted (1962) non-discriminatory admission policy to the important goal of receiving better qualified immigrants.17
Some of the flexibilities of the Canadian model that might attract highly skilled candidates are that it is not necessary to score points in every category in order to
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achieve the minimum score, and that it is possible to reach the minimum required without knowledge of English or French. Moreover, additional points are awarded for the qualifications of the spouse18or the common-law partner in an attempt to attract dual career families.
If the candidate reaches the minimum score required, he/she and his/her accompanying family members receive lawful permanent residency in Canada immediately upon their arrival. Moreover, this status places them on the track towards obtaining Canadian citizenship, which they can obtain in as little as four years.19
One disadvantage that candidates might face in Canada is the great amount of time that it usually takes to process the application.20But some very interesting proposals to alleviate this problem have already been discussed in the Parliament of Canada.21
Australia implemented a points system six years after Canada first introduced it. The four main categories in which the candidates are evaluated are skills, work experience, age and language. Under this system candidates must score at least one point in each category22(e.g., immigrants with an absolute lack of knowledge of English will not be accepted).
Candidates who obtain enough points are entitled to permanent residency status, which means that they are immediately embarked on the road towards naturalization. In fact, Australia has the most generous naturalization policy worldwide. Australian citizenship can be obtained after only two years of consecutive lawful residence in the country.
Australia also tries to seduce dual career families by awarding points for the education achievements or experience of the candidate’s spouse. Moreover, both spouses can start
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working immediately upon arrival, which provides Australia with a great advantage to attract talent as compared to other countries (see the US impediments in Section III.4. below).23
It is widely recognized that the principal advantages of this system consist of its objectivity and impartiality,24both of which qualities are perceived by the candidate, who knows beforehand the degree of skills and education needed to be accepted in the host country, and also by the nationals of the host country that recognize that only immigrants with certain skills and abilities that the country needs at that moment in time will be accepted. It seems obvious that skilled foreigners will be more inclined to apply for residency in a country where they can evaluate their possibility of being admitted with a great degree of certainty before applying. Moreover, complaints by both candidates and nationals are greatly reduced thanks to a model that can be viewed as a level playing field.
As worldwide reputed professor Oscar Handlin, Professor Emeritus of American History at Harvard University, once masterfully explained it in his famous quote: "Once I thought to write a history of the immigrants in America. Then I discovered that the immigrants were America,"26the US is in the entire spectrum of its population, from the low skilled workers to the most qualified individuals, a country built by and consisting of immigrants.
However, as explained above, "the United States is no longer sole -nor the most sophisticated- national player engaged in the global race for talent."27
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The Immigration and Nationality Act of 195229through the EB-1, EB-2 and EB-3 categories enables the permanent admission of the so-called "priority workers"30(EB-1), "aliens who are members of the professions holding advanced degrees or aliens of exceptional ability" (EB-2) and "skilled workers,31 professionals32 and other workers33" (EB-3).
Due to the strict quotas, burdensome and time-consuming procedures35and requirements and the enhanced requests for documentation of the permanent employment-based admission categories, the temporary employment-based system is used almost in every occasion as the starting necessary point for those who wish to obtain permanent residence in the US down the road.
The H-1B is a temporary three-year employment visa that can be extended for another three years during which the worker may try to obtain "green card" status.36The H-1B...
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