With so much business being done across international borders these days, the equal treatment of LGBT individuals and families in the U.S. immigration system becomes even more of a necessity.
Current U.S. immigration policy not only affects U.S. LGBT citizens who are unable to bring their foreign national partners into the country, but it also prevents LGBT foreign nationals looking to work in the Unites States from being "sponsored" by their partners in order to stay in the country legally—a right granted to straight spouses under current immigration policy.
With the leadership and advocacy of Immigration Equality—the leading national organization fighting for equality under U.S. immigration law for LGBT and HIV-positive individuals working to win congressional support for a reform of U.S. immigration statutes—the Uniting American Families Act (UAFA) has been introduced in both houses of Congress.
Now the world's top corporations are rallying behind Immigration Equality and its efforts to push UAFA forward by joining Immigration Equality's Business Coalition for the Uniting American Families Act. The bill, if passed, would allow U.S. citizens or green-card holders to obtain legal residency in the United States for their permanent partners, regardless of their sexual orientation.
"Family immigration is two-thirds of legal migration in the U.S. Being completely excluded from the family-based immigration system means gay families have far fewer opportunities to stay together than straight families," said Rachel Tiven, executive director of Immigration Equality. "So the only way LGBT families can find a permanent solution is for the family's foreign national to find a job in the U.S. But even so, the lack of family recognition [for LGBT families] hits you at every level."
BIZ recently spoke with Tiven to discuss the work Immigration Equality is doing on the UAFA front, and how BIZ readers can help in the organization's efforts.
BIZ: What kind of work does Immigration Equality do?
RT: Immigration Equality advocates for equal immigration rights for LGBT and HIV-positive people and their families. We provide them with answers and resources, and offer representation for people seeking asylum in the U.S. when they're fleeing persecution based on sexual orientation or gender identity, and advocate for fair U.S. immigration laws.
BIZ: Can you explain what Uniting American Families Act (UAFA) is and how it would affect LGBT individuals in the U.S. and their foreign national partners?
RT: The Uniting American Families Act pending in Congress defines permanent partnership, which is a status that's defined in the bill as a U.S. citizen or green-card holder and a foreign national who are financially interdependent with one another and are in a relationship that they intend to be a permanent one. This definition means that they are entitled to the same immigration rights that are granted to straight couples in similar situations. Because the partnership status is internal to the immigration laws, it doesn't depend on being in a civil union or a marriage, so it allows all people to keep their families together by being able to stay in the U.S. with them.
BIZ: What is Immigration Equality doing to encourage action on UAFA?
RT: Immigration Equality leads the fight for UAFA in Washington. Our Washington policy office convenes the UAFA working group and works closely with Rep. Jerry Nadler, D-N.Y., [who introduced the U.S. House version of the bill] and Sen. Patrick Leahy, D-Vt.[,who introduced the Senate bill].
Our [soon-to-launch] Business Coalition for the Uniting American Families Act is a new and really exciting initiative on behalf of the companies that are fed up with immigration discrimination and their inability to hire and retain really qualified business people. Pfizer is kicking off the coalition, and joining Pfizer in supporting the legislation are American Airlines, Baucsh & Lomb, Carlson, Cisco Systems, Diageo, The Estee Lauder Companies, Intel, Marriott International, Medtronic, Nike, Omnicom, Replacements, Ltd., and Starwood Hotels. They're all companies that are fed up with not being able to hire who they want to hire because of discrimination against gay and lesbian families, and are now calling on Congress to pass the act or to include same-sex partners in immigration laws.
BIZ: Can you explain what visas for cohabitating partners of foreign temporary workers are and how that relates to foreign national partners of LGBT individuals?
RT: There is absolutely no way for a U.S. citizen or green-card holder to sponsor a foreign national partner in the U.S., but employees of multinational businesses are allowed to be in the U.S., so it's a band-aid way to bring partners into the U.S. They can bring a partner into the country on a visa, which is only a short-term fix, and doesn't give them the same rights as a similarly situated straight person.
Immigration Equality is working to accomplish expanding the immigration system's recognition of gay families and current policy, and as far as that goes, it's a foothold for recognition.
BIZ: How can BIZ readers help in Immigration Equality's efforts?
RT: The key would be getting your corporation to join the UAFA business coalition. As for domestic LGBT-owned companies, just engaging on the issue [by joining] Immigration Equality's action list and really demanding LGBT immigration reform for LGBT families is important.
Reform of the immigration system for business has to include fair treatment of LGBT employees and their families. The issue of business and immigration equality can't be separated from one another.
