Being a Canadian in the United States for the last nine years has been an interesting adventure, to say the least. Although our nations are neighbours, there can be two more different approaches to the same problem so close to each other.

I can’t claim to be an expert on how Canada processes new immigrants, but I can say that it has to be better than what has happened in the US.

Nine years ago, I started out on the NAFTA Free-Trade visa, the TN-1. This is a non-immigration visa, which is restrictive in the occupations that you can work in, but essentially allows highly-skilled Canadians, Americans, and Mexicans to work in the free trade zone, a term I use very loosely in this context.

In 2001, my status was migrated by my previous employer to an H1-B. This is a much more formal visa and is used for skilled workers from around the world. It is also infamous for its quota system, and is the bane of most (if not all) high-tech firms who insist on recruiting the best talent from around the world to work in the Unuted States.

In some respects, while the off-shoring trend that was so big a concern a few years back (still?) is founded on a number of different economic realities, the driving force was the restrictive nature of the H1-B visa. I encountered a version of this when I changed employers and transferred my H1-B from employer A to employer B. When I did this, I could not leave the US, for any reason, until I had my new H1-B without forfeiting the entire process.

One of the conditions I had for switching employers was that employer B would start the Green Card process for me and my family. This process alone has taken 3.5 years, and from what I can tell, being an employment-based application from a Canadian means that I haven’t had to wait nearly as long as some of the people who apply under other circumstances or from “less friendly” nations.

This process is approaching (we hope) its final phase, as there is talk from the people assisting us that there is a chance that we may be processed through the final stages in late 2008 or early 2009. But, as with all things related to this process, this is still very much speculative.

Whew.

So, as a citizen of the United States reading this, you are likely saying “So what?”, or “How does this affect me?”. Frankly, it doesn’t. But, in a fundamental way, it does.

As a nation built almost completely on immigration, the United States has become increasing isolationist, especially in its immigration policies. Mostly at a political level. Where the conflict appears to be developing is between the political agenda and the economic needs of the US economy. US firms are reliant on importing the best and the brightest from around the world. These same firms are now finding increasing resistance from these highly-skilled employees who are looking at the current state of the US economy and the incredibly restrictive immigration criteria, and choosing to walk away, or choose other more lucrative and less restrictive opportunities.

As a person involved in this process, I can say that up until late last year, when I recieved my EAD, I was in effect an indentured serf, beholden to the company for which I worked, which none of the options or flexibility that my US colleagues had available to them.

I own a house. My children go to school in the town where I own my house. I pay US, not Canadian, taxes. I pay property tax.

However, in the eyes of the United States government, I am considered “three-fifths of a person”. A person bound to this country but not of this country.

The truly American among you may say “Shut up and become a citizen”. I chose not to. I have chosen to retain my personal Canadian Identity, those things that I hold dear that separate Canadian and Americans. I retain my Canadian passport. My youngest son holds dual-citizenship.

I have chosen to make a life in the United States. However, the process that I have been involved in does not allow me to recommend this path to any other Canadians.

To other Canadians, I say: Stay home. Make Canada the best it can be. Make it a truly integrated player in the Global Economy.

To the United States, I say: Wake up. Your destiny has come, and gone. And the way you treat your immigrants is a clear demonstration of that.

Some have said that the United States is a fading empire, most-often compared to the Roman Empire. However, as this piece in the LA Times states, even an ancient empire, in its fading glory, understood how you become great: You become more than the sum of your parts.

As many readers know, I am going through the process — if you call filing a bunch of paperwork and not hearing anything for 2 years a process — of obtaining Permanent Residency in the United States, often referred to as the Green Card.

This morning, on NPR, there was a story about a foul-up in the processing of Green Cards that is suspicious, to say the least.

I have started referring to this process as the Dream Card because it leaves one thinking that the application they completed was done in a dream, a long time ago. An like most dreams, it is a fable of the subconscious mind and as likely to come true as those blue, flying penguins in my dream last night.

The degree of complexity that accompanies the application process has made bureaucrats from the Byzantine Empire write letters of complaint to their members of Congress, saying that the USCIS is giving them a bad name. Kafka has been seen rising from the dead at night, and penning a new tale based on this experience.

Other people covering this story.

NY Times
The Guardian
Times Of India
Miami Herald
San Jose Mercury News
Sacramento Bee Editorial

A few media outlets have grabbed this story as an example of just how broken the US system is when it comes to immigration, especially given the irony of the recent debate over the immigration bill that was tossed out of Congress. How could the immigration system have hoped to deal with the new regulations, if thousands, perhaps tens of thousands, of valid visas go unused every year, due to government inefficiency.

Why would an illegal immigrant bother to go through a legal process that punishes the very people who are taking the time to follow the rules?

I would raise my voice in protest; but it would do no good. Drawing a pool of highly skilled, well compensated indentured servants from around the world to these shores to keep the wheels of innovation and development rolling appears to have become the American way.

And like indentured servants everywhere, we are a disposable commodity, to be teased by the promise that some day, we could, we might, just maybe be able to live here (and still not be able to vote) as Permanent Residents.

Tags: Green Card, fiasco, scandal, State Department, USCIS, U.S. Citizenship and Immigration Services, indentured, servants, work visa, visa

I am writing this from Toronto. I am in shock that I am here, as the events over the last 24 hours seem like a bad dream. It appears that the US media has not picked it up on this crisis. In fact, I am
having difficulty getting to US news sites and blog servers from Canada.

Yesterday, representatives from DHS arrived at my office and took me into a conference room along with the CEO and COO. The COO (a Canadian with a permanent resident status) and I were told that we and are families were being taken to Logan airport and placed on a flight to Canada. They then handcuffed us and took us out through the back door to an unmarked bus, with about 20 others onboard. There were guards in paramilitary uniforms I could not identify.

After three or four more stops (it was a blur, I can’t remember it all), we arrived at logan. I was re-united with Samantha and the boys in a abandoned hangar, where there were 200-300 of these unidentified paramilitary guards. There had to be 2-3,000 people in the hangar.

We were herded onto a series of C-5 cargo planes and flown for about 90 minutes. Off the plane, and left at what turns out to be an abandoned airfield just outside Toronto. AFter about 20 minutes, OPP and RCMP officers appeared, looking as stunned as we were.

Does anyone know what’s going on?

Right now, the targets are the “illegal immigrants”. This is white, middle-class code for “latin immigrants, regardless of status”. But will it stop there?

As the US fortunes are matched by other growing economies, will this xenophobic and racist tendency lead to all immigrants being targeted, regardless of status and origin? Is the tradition of US isolationism rearing its head in a world of crumbling borders and economic barriers?

Is the US really ready for the world?

Technorati Tags: immigration, racism, xenophobia, isolationism, USA, Canada, globalization