Article 43


We Want Foreign Workers

image foreqign h1-b worker

The OPTIONAL PRACTICAL TRAINING (OPT) program, in which the AMERICAN GOVERNMENT pays American employers to discriminate against American workers has grown rapidly in recent years, and during FY 2017 it used nearly $2 billion swiped from trust funds for the elderly to favor 240,000 alien college grads over an equal number of U.S.-resident grads.

It is hard to believe, but true; employers of FOREIGN STUDENTS who have a degree from a U.S. institution are given an 8.25 percent tax break if they hire an alien, rather than a U.S. college grad with the same skills, and paid at the same salary, as we described in some detail in a recent posting.
- Bifg Media Hides Truth On Immigration II

Do We Really Need So Many Foreign Tech Workers?

By Froma Harrop
Real Clear Politics
February 2019

Americans don’t usually think of technical professionals as “guest workers,” yet at any one time, there are more than a half-million foreigners holding tech jobs in the U.S. They are here thanks to the H-1B visa program. H-1B, so the official spiel goes, addresses an ALLEGED SHORTAGE of “highly skilled” Americans to fill jobs “requiring specialized knowledge.”

GROWING EVIDENCE, however, points to companies’ using the program to replace perfectly qualified American workers with cheaper ones from elsewhere. A new REPORT published by the ATLANTIC COUNCIL, DOCUMENTS the abuses. The authors are Ron Hira, a political scientist at Howard University, and Bharath Gopalaswamy, director of the Atlantic Council’s South Asia Center.

Among their criticisms:

--Virtually any white-collar job can be taken by an H-1B visa holder. About 70 percent of them are held not by what we consider tech workers but by teachers, accountants and salespeople, among others.

(Denver Public Schools employs teachers on H-1B visas. During a strike, the district actually threatened to report participating foreigners to immigration authorities. It later apologized.)

“By every objective measure,” Hira and Gopalaswamy write, “most H-1B workers have no more than ordinary skills, skills that are abundantly available in the U.S. labor market.”

U.S. colleges graduate 50 percent more students in engineering and in computer and information science than are hired in those fields every year, according to a study by the Economic Policy Institute.

--Employers don’t have to show they have a labor shortage to apply. They don’t even have to try recruiting an American to fill the job.

Cutting labor costs is clearly the paramount “need.” In Silicon Valley, computer systems analysts make on average just over $116,000 a year. But companies can hire H-1B workers at a lower skill level, paying them only about $77,000 a year to do the same work, the report says.

And it’s not unheard-of for companies to ask American workers to train the H-1B workers taking their jobs. “60 Minutes” featured Robert Harrison, a senior telecom engineer at the University of California, San Francisco Medical Center. Asked whether training his replacement felt like digging his own grave, Harrison responded:

“It feels worse than that. It feels like not only am I digging the grave but I’m getting ready to stab myself in the gut and fall into the grave.”

Why does this program continue without serious reform? Mainly because its big boosters include such marquee tech names as Bill Gates, Mark Zuckerberg, Michael Bloomberg and Eric Schmidt. Big Tech has showered think tanks with funding to brainwash Americans into believing that their country is starving for tech expertise.

Are there rare tech skills that justify companies’ looking abroad? There are, but that’s the purpose of the O-1 visa. About 10,000 are granted each year to individuals with “extraordinary ability or achievement.”

I asked Hira whether we need H-1B at all.

“I think there’s a place for the H-1B program,” he responded. “The O-1 is a cumbersome process that requires a lot of paperwork, both in preparation and review. But we need to raise the standards of the H-1B program so that the quality and skills of the workers are much higher.”

Also, we should substantially raise the wages paid to H-1B workers and make employers show that they tried to recruit Americans and offered them positions. Other guest-worker and green-card programs have that requirement.

Finally, put in force an effective means of enforcement. Right now, compliance is driven by whistleblowing. A random auditing system would far more efficiently find abuses.

Apparently, the argument that “tech jobs need filling” has, in many cases, oozed to “we want cheaper foreigners.” The H-1B program demands a major overhaul.



H-1B Petition Denials Skyrocketing in First Quarter 2019

By Nick Kolakowski
April 22, 2019

The rate of denials for new H-1B petitions rose in the first quarter of fiscal year 2019, according to new data from the National Foundation for American Policy (NFAP).

Some 32 percent of petitions for initial employment were denied, based on NFAPs analysis of U.S. Citizenship and Immigration Services (USCIS) data. That’s a remarkable increase from 2018, when 24 percent were denied, and 2015, when only 6 percent were denied.

That accelerated rate also applies to petitions for continuing employment, some 18 percent of which were denied in the first quarter of fiscal year 2019. If the goal of the Trump administration is to make it much more difficult for well-educated foreign nationals to work in America in technical fields, then USCIS is accomplishing that goal,Ӕ the NFAP wrote in a statement accompanying the data (PDF). Whether the actions of USCIS are serving the best interests of the United States is a question that will remain open for debate.”

Moreover, these denials come despite no sweeping legal overhaul of the H-1B system. “The rise in the denial rate for continuing employment, where existing H-1B workers whose petitions have been approved before, show that adjudicators are applying a new standard to people whose petitions have already been approved before,” William Stock, a founding member of Klasko Immigration Law Partners, LLP, told NFAP.

The data from NFAP aligns with general trends reported directly by USCIS. For example, the agency’s recent data showed that approvals of completed H-1B applications hit with an RFE (Request for Evidence) declined noticeably year-over-year in the first quarter of 2019. Premium processing might have re-opened after a lengthy shutdown, in other words, but some companies are facing a heightened degree of additional scrutiny.

However, there’s a big change underway for the H-1B system, and it could radically affect the types of candidates who successfully land a visa. In the current system, applicants with advanced degrees enter a master’s cap pool of 20,000 visas; those who are rejected then enter the 65,000-visa “general pool,” which features applicants without advanced degrees. The revamped system will allow all applicants, including those with advanced degrees, to enter the “general pool,” and any who don’t land a visa during that first round can then end up in the master’s cap pool.

In theory, this gives applicants with advanced degrees two shots at landing a visa. But with USCIS clearly subjecting applications to far greater scrutiny, it’s an open question whether a revamped system will allow companies to secure all the visas they claim they need.

In the meantime, the cap for H-1B visas has been reached for fiscal year 2020. Even as USCIS tightens the system, thats clearly not dissuading companies from attempting to secure as many visas as possible. If that wasnҒt enough, these firms are providing H-1B candidates with all kinds of perks, including company-paid housing, funded relocation, travel expenses, and sponsorship for green cards.

Leading companies think about immigration strategically. For example - companies that offer foreign nationals benefits that allow them to remain in the U.S. longer are finding more success in retaining foreign talent, Richard Burke, CEO of Envoy Global, wrote in a recent statement. ԓWith heightened political scrutiny comes heightened anxiety among foreign nationals looking to work in the U.S. Companies that are able to provide their employees peace of mind by offering them a clear path to a permanent green card are getting ahead of the competition in retaining the best talent.

But that idea is enraging to critics of the H-1B system, who say that companies abuse the visas in order to secure cheaper labor from overseas. H-1B holders at consultancy firms (which aggressively petition for the visas) are often paid less than H-1B holders at tech firms such as Google and Apple. While some studies argue that H-1B use translates into a positive effect for company productivity, it’s certain the visas will remain controversial for some time to come, revamps or no.


Posted by Elvis on 05/06/19 •
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