Question:
1. Introduction as 457 visa abuse is a global issue.
2. what’s the main 457 regulation in UK and USA.
i) USA
ii) UK
3. main issues in these countries – 300 – 350 words (can mention a small case in either one of the two countries).
i) USA
ii) UK
4. what it may cause to the countries rather than just work right: tax evasion / countries’ reputation / local employment.
5. it’s a part of globalization process that migration moving from third world countries to first world countries – unavoidable.
6. Conclusion: 457 is good as it bring dynamic and energy to a country but regulation is really needed to make sure employers are not taking advantage from it.
Make sure when you start a paragraph, you start with a sentence with a clear idea about what you are going to talk about. and in a simple text. thank you,. this is my third time asking for work done in same assaignment. i hope this time my assaignment match with my need.
The 457 Work Permit Sponsorship Visa in Australia permits the overseas workers to work for a period up to four years. This Visa permits the employers to hire appropriately skilled workers that are included in the Consolidated Shortage Occupation List of the Australian Government (Levingston, 2004). The employer from Australia is required to apply for supporting the foreign worker and nominate the worker in order to obtain a visa. These overseas workers who hold the 457 visa is privileged to stay in Australia for four years within which they can enter or leave the country whenever they want.
Recently, this 457 visa has been under scrutiny and has also attracted a lot of controversy with investigations being called for the abuse in the system. This programme has been under review of immigration by an independent panel. This panel has recommended a number of changes that is being presently considered by the government.
The primary criticism surrounding the businesses is that the programme is being used as a method to employ cheap workers from the overseas in exchange of the local people. Further the recent allegations also include the fraudulent contracts and severe abuse of the 457 visa around the country (COBB-CLARK, 2000). These abuses include allegations that the employees who were apparently being contracted with the 457 visa for the skilled position such as office administrators were actually being hired for different unskilled positions such as the job of security officers (Levingston, 2004).
Similar to Australia most countries including United Kingdom and United States of America also have work permit sponsorship visa regulations. In the United Kingdom the Tier 2 Work Visas govern the rules and regulations relating to this area (Melchionna, n.d.).
In the United Kingdom, a sponsor who has a UK based organization when wish to employ any overseas applicant in the country must primarily order to the sponsor applicants. Further the employers for sponsoring applicants need to register with the UK border Agency as a Licensed Sponsor. In order to get the registration accepted, it is essential that the employer meets the requirements for the category of Tier 2 and also accept certain responsibilities that would assist in the immigration control.
The sponsor further needs to assign a Certificate of Sponsorship before any applicant applies to leave their country and enter UK under the Tier 2 system. This Certificate of Sponsorship will be considered as an assurance that the applicant can undertake a job and also that he intends to doe the particular job. The sponsor also has some other duties such as keeping the passport of the applicant or any other UK immigration status document and reporting in case of any disconformities to the UK Border Agency.
This Tier 2 General Visa has a validation for a period of three years and can be renewed for another two years. Any person looking for sponsorship needs to first assess the market demand for the skillset and then consult with the job seeker to search for appropriate work.
The United States also has similar regulations for the work permit sponsorship visa. These regulations are known as the H1B work visa Sponsorship. It is an employment based category based on non-immigrant visa directed towards the temporary workers. In order to avail such visa the employers are required to offer jobs and apply for the H1B visa petition under the United States Immigration Department. When the petition is approved the H1b work permit is given and this allows the individuals to obtain a visa stamp and work in the country for that particular employer.
This US H1B is a non-immigrant visa that permits the H1B companies in the United States to employ workers from foreign countries having theoretical or technical expertise in different occupational fields such as science, medicine, mathematics, architecture and engineering. The time period for the foreign worker to work with the US H1B visa is six years.
However, it must be noted that any individual is not permitted to apply for the H1B visa sponsors in order to work in the United States. It is the employer who must make petition for the entry of the employee. These H1B visas would also have annual numerical limits. The US employers who wish to apply for the H-1B visa have to apply at least six months before the real starting date of the visa.
The Labor Department of the United States publishes all required information on the LCAs and also indicates the list of the H1B Sponsors. This H-1B visa is comparatively more popular than the US Green Card since it is easier and quicker to apply for this visa and hence companies rely on this visa to bring staffs from foreign lands for long term assignments.
Even though most of the developed countries have work permit sponsorship visas in their countries there are quite a few issues that most face in this area. In this study we intend to examine the issues in the countries of United Kingdom and the United States.
The UK Border Agency (UKBA) is the organization that controls the entry of the foreign nationals in to the United Kingdom for working in the country. This Department is the agency of the Home Office (US visa nightmares, 2009).
Before November 2008, this agency was responsible for the issuance of the work permits and Visas in the country. This Work Permit scheme was however replaced by the Certificate of Sponsorship which is a point based system. Due to the recent changes the employers now cannot employ foreign nationals from non-EEA countries and hence can no longer work in the United Kingdom under this scheme.
Therefore, it has recently become difficult for people to work in the United Kingdom as the Tier 1 scheme visa route has been closed. Hence the working professionals only now have the Tier 2 visa scheme to apply and enter the United Kingdom for work.
However, there are few permanent problems with the Tier 2 visa scheme. Firstly, this scheme does not allow individuals to apply for the visa, the oversees companies also cannot apply under this scheme until and unless they have a branch office in the UK and the recruitment and employment agencies also cannot apply for the visa under this scheme (Melchionna, n.d.).
In the United States there are some issues faced by individuals relating to the US H1B regulations for granting visa in their country. In order to analyse the issues a case has been discussed below.
In order to accept an offer for job and henceforth get a US H1B visa there are a number of criteria that needs to be met.
Firstly, the individual must have a US bachelor’s degree that is required for the specialty occupation from a recognized university. Secondly, the individual might also instead hold any foreign degree of equivalent stature in the specialized occupation. Thirdly, the individual need to have unrestricted trade license, registration or certification that can authorize to practice the specialty occupation and finally the individual needs to have educational training, or any other responsible experience in the specialty area and must also have recognition in the area of expertise through responsible positions related to the specialty area.
Taking the case of John who is qualified enough to work for good companies such as Google or Facebook. He has studied in college in his home country India but dropped out for a start up. He has knowledge of 12 point system but does not have any work experience. Looking at the case and the given requirements in the H1B visa regulations it is highly unlikely that John would be given a visa to work in the United States. Hence it can be thus stated that even though the visa regulations in the United States is very clear there still exists some discrepancies that need to be resolved.
Often the work permit visa in the countries leads to a number of problems for the natives of the country. For instance it is usually considered that foreign labor has a significant effect on the national employment of the country. However, it is not so in all countries.
A study in one of the states of the United States depicted that foreign employees generally do not have any direct effect on the employment prospective of the workers in the United States in the category of H-2 occupation. On the contrary, these foreign nationals tend to have a positive effect on the US employment by contributing to the economy (US visa nightmares, 2009).
In order to employ the workers under the H-2 visa scheme, the employers need to satisfy all requirements and ensure that no Americans can fulfill the criteria for the job. Hence the employers are to treat the native workers as appropriate substitutes. This shows that the foreign workers do not have any direct effect on the employment but they do affect the US economy positively.
Further it is observed that the reputation of the country depends on the three main areas. They are an advanced economy, an effective government and an attractive environment. These work permits ensure that the country has the best working population which positively affects the economy of the nation (US visa nightmares, 2009). Also recent study has shown that the recent changes in the UK immigration regulations can have a negative effect on the reputation of the country. Therefore, it can be seen that in most cases the working visa has a positive effect on the country.
The immigrant work programs generally have a positive effect on the host countries. For instance, in the United States, in order to prevent illegal immigration the country has made provisions for hiring immigrants under temporary working schemes. This further helps companies to broaden their spectrum and produce better opportunities for both the national people and the foreign immigrants (Melchionna, n.d.).
Another positive effect on globalization can be construed from the report of the World Bank. In the year 2012, $529 billion was transacted around the world by immigrants. In 2013, around $401 billion was transacted and remitted to the developing countries. These values depict that around 50% of the total actual value of the remittance around the world can be sent through channels. This shows that remittance is one of the most positive effects with regard to globalization.
However, one negative effect of these work permits can be ‘brain drain’ in the developed nations. Generally the high-skilled and more educated people when cannot overcome their hardships in their own countries and look for better opportunities in other countries. Hence, the more capable people leave their country and the countries settle with the inexperienced workers.
When compared to the positive and the negative effects of immigration and working permissions in other countries it is seen that the number of positive effects exceed the number of negative effect and it is considered as a life force.
Conclusion
The 457 work permit visa is an extremely common program used by the Australian companies to sponsor skilled overseas workers to work in the country. Recently the Australian government reviewed this visa and added few provisions to track the transition (COBB-CLARK, 2000). The government has recognized that the 457 visa requires more priority in review since they are more responsive to the needs of the market. There have still been a lot of criticisms on the 457 visa reviews on the grounds of English language and skill test requirements and that the employers should first try to fill vacancies with Australian workers (Mansouri and Leach, 2009). Keeping in mind these changes it can be stated that the 457 work sponsorship is essential but it needs to be scrutinized in a better manner so as to include the benefits of the Australian people.
References
COBB-CLARK, D. (2000). Do Selection Criteria Make a Difference?: Visa Category and the Labour Market Status of Immigrants to Australia. Economic Record, 76(232), pp.15-31.
Levingston, C. (2004). Australian immigration law and practice, a practical course in knowledge of migration law procedure. [Kensington, N.S.W.]: University of New South Wales, Faculty of Law, Continuing Legal Education.
Mansouri, F. and Leach, M. (2009). The Evolution of the Temporary Protection Visa Regime in Australia. International Migration, 47(2), pp.101-126.
Melchionna, L. (n.d.). Global Legal Education and Comparative Visa Regulations. SSRN Journal.
US visa nightmares. (2009). Nature, 461(7260), pp.12-12.
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