Experts on employment and immigration could cite no precedents to establish the value of being able to work in the United States. Legal experts say Chen faces an uphill struggle in court. Michelle Reinglass, a Laguna Hills employment lawyer, said Chen must prove his company broke a clear promise to promptly apply for his green card. Some people have been waiting for five or six years. Companies can hire foreign workers on H-1B visas after proving a shortage of domestic workers with similar skills.
Many American engineers complain the foreign workers drive down wages or steal jobs.
But many H-1B workers complain about restrictions on their mobility. Chen, a fresh-faced engineer from the Chinese city of Nanjing, worried that publicity over his lawsuit might hurt his chances of finding a new job. But important principles are at stake in his suit, he said. These days, I am very disappointed. Chen took his job only after language was inserted in his contract that the company would consider sponsoring his green-card application if he proved to be a good worker over 90 days.