Biden’s DOL Guts H-1B Reform Rule; Hurts U.S. Tech Workers, Recent College Grads

Guest Post by Joe Guzzardi

Recently, the U.S. Department of Labor announced an 18-month delay in the effective date of the final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” mostly foreign nationals working on employment-based visas.

The final rule, originally published in January 2021, will now become effective on November 14, 2022. The greater likelihood, however, is that the rule will be delayed again or totally ignored. DOL’s official explanation is that the one-and-a-half-year pushback will provide the department time to evaluate the legality and policy consequences of the Trump administration’s order and also allow time to review public feedback in response to the DOL’s Request for Information published on April 2, 2021, in the Federal Register.

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Trump Immigration Order Sends Big Tech into Advocacy Overdrive

Guest Post by Joe Guzzardi

Immigration Order

Never has Big Tech pushed harder for cheap labor for the rich and powerful than it’s done in the last few weeks. The latest available data show that, from 2005 to 2018, Amazon, Apple, Facebook, Google and Microsoft laid out an aggregate $582 million to protect their collective interests on a range of topics that include protecting the inflow of employment-based visas, specifically the H-1B.

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Trump Acts to Defend American Workers

Guest Post by Joe Guzzardi

Trump

Finally! After nearly three decades of pleading to deaf Republican and Democratic congresses for a fair shake, American workers, especially those in the tech sector who have been relentlessly displaced by workers imported from other countries, can celebrate. The biggest winners are U.S. tech workers who have been, because of ruthless corporate greed and a donor-dependent Congress, persistently displaced by less talented foreign-born H-1B visa employees.

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As Expiration Date on Trump’s Immigration Order Approaches, Globalists Panic

Guest Post by Joe Guzzardi

American

The substation at Norris Dam on the Clinch River, Norris, Tennessee, was built in 1936 and was the first in the Tennessee Valley Authority system.

Time is short to the expiration of President Trump’s Executive Order that suspended some immigration, and expansionists are pulling out all the stops. At stake is employment-based visas’ short-term future, specifically whether the White House will permit this year’s annual 85,000 allotment of foreign-born H-1B workers to enter.

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Congress Keeps U.S. Doctors Sidelined while Championing International Doctors

Guest Post by Joe Guzzardi

Doctors

Congress, immigration advocacy groups and immigration lawyers are urging the Trump administration to increase the number of foreign-born doctors to alleviate the alleged medical responders’ shortage during the coronavirus pandemic. Minnesota Democratic Senators Amy Klobuchar and Tina Smith, along with colleagues in the House and Senate, wrote to U.S. Citizenship and Immigration Services requesting that the agency resume premium processing for international medical school graduates (non-U.S. citizen international medical graduates) who are seeking employment-based H-1B and J-1 visas. On March 20, USCIS announced that because of COVID-19, it would suspend premium processing.

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Trump’s Golden Opportunity to Defend American Workers

Guest Post by Joe Guzzardi

Trump

The Trump administration has an historic opportunity to find out, once and forever, if Silicon Valley employers are truly dependent on imported foreign labor, primarily the H-1B visa.

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Unhappy New Year for AT&T’s Displaced U.S. Tech Workers; Cowardly Congress Refuses to Protect Americans

Guest Post by Joe Guzzardi

In a story that has become all too familiar, AT&T announced that it will be laying off its U.S. tech workers. Many of the displaced Americans have been employed for decades. They will struggle to find comparable jobs and may not even find employment. AT&T will replace these American workers with foreign nationals.

To add insult to the painful injury of being fired during the Christmas season, the outgoing Americans will have to train their H-1B replacements, and aren’t being offered severance pay. Corporations call the forced training process “knowledge transfer.” But the reality is that if the foreign nationals were as skilled as their employers and advocates claim, they wouldn’t need training. The overseas workers have, at best, ordinary skills.

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Proposed DHS Revisions to H-1B Offer Ray of Hope to U.S. Tech Workers

Guest Post by Joe Guzzardi

The Department of Homeland Security’s recently released Unified Agenda gives hope to U.S. tech workers that major, long overdue changes may be coming soon.


New DHS guidelines would provide relief to American tech specialists from the decades-long onslaught of overseas H-1B visa holders, L-1 visa international transfers and foreign-born Optional Practical Training (OPT) graduates with science, technology, engineering and math (STEM) degrees. The H-1B, L-1 and OPT are visas that have displaced American workers or blocked them from employment consideration. The visas are popular vehicles for U.S. corporations and Indian IT services companies to add personnel and, at the expense of American workers, reduce their overhead.

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Signs of Hope: H-1B Denials, ‘Public Charge’ Rejections Up

Guest Post by Joe Guzzardi

White House insiders report that Stephen Miller, President Trump’s senior advisor and go-to immigration guy, is no longer the point man. Instead, going forward, the president will rely on his immigration know-nothing son-in-law Jared Kushner. Slight correction: Kushner isn’t quite a complete immigration dunce. He’s savvy enough to realize that some types of immigration can work to his financial benefit, as he demonstrated during an overseas EB-5 sales promotion his company organized two years ago.

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H-1B Displaces U.S. Teachers, Drives Down Wages

Guest Post by Joe Guzzardi

The H-1B visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations typically is associated with tech industry use. But the visa can have more far-reaching applications as recent Capitol Hill actions showed. With the H-1B visas of 25 Baltimore teachers expiring, five Democratic members from the Maryland congressional delegation began to push for extensions.

The teachers’ H-1B history and the advocacy on their behalf to have them remain in the U.S. are familiar. They came to the U.S. years ago, 23 from the Philippines and two from Jamaica, as part of an effort to fill alleged job shortages in teaching slots for math, science and special education. According to a letter the Maryland teachers sent to then-Labor Secretary Alex Acosta, the teachers have been in the U.S. for between eight and 12 years, are dedicated and have now built lives in the U.S.

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AMA Lobbies for More Foreign Doctors, but Qualified Americans Shut Out

Guest Post by Joe Guzzardi

Last month, the American Medical Association issued a press release that urged U.S. Citizenship and Immigration Services to process more H-1B visas, thereby allowing more nonresident physicians to come to the United States to practice medicine. The AMA claimed that a shortage of nonresident physicians who help fill care gaps in medically underserved regions diminishes overall patient care.

In a letter to USCIS Director Francis Cissna, AMA CEO James L. Madara said that the fixed per country caps which govern H-1B visa issuance keep the agency from processing enough petitions. The AMA, citing data from the Association of American Medical Colleges, concluded that the nation had a physician shortfall of nearly 20,000 in 2016. And since all pleas for more special interest, employment-based visas routinely include doomsday forecasts for future decades, the AMA predicted that by 2030 the shortage will increase to between 42,600 and 121,300.

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Visa Holders Homeward Bound? If so, a Boost for American Workers

Guest Post by Joe Guzzardi

During the upcoming mid-term elections, the 35 Senate races and the 435 House of Representatives campaigns will feature candidates who promise to help create more jobs. Their pledge to improve the labor market for unemployed and underemployed American workers will be at their platforms’ core.

Often, however, job addition can come about through job subtraction, namely when immigration policies that are hurtful to American workers are revised to instead help them.

An example: A dateline New Delhi, India story explained that the Trump administration’s proposed end to the H-4 visa that gives H-1B visa holders’ spouses and children under age 21 employment permission could open up as many as 100,000 jobs for Americans.

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H-1B Visa Opening Day Arrives – 85,000 Tech Job Giveaway as Americans Watch from the Sidelines

Guest Post by Joe Guzzardi

With April 3 the Opening Day, so to speak, for U.S. Citizenship and Immigration Services to accept fiscal year 2018 H-1B visa petitions, how this affects displaced and unemployed American tech workers is a timely subject.

Congress established a 65,000 H-1B visa cap per fiscal year; an advanced degree cap exemption will go to an additional 20,000 beneficiaries who have earned a U.S. master’s degree or higher. The harsh reality: 85,000 jobs, including tech positions, will go to foreign nationals while Americans will either lose the job they hold or will be denied an opportunity to be seriously considered for employment.

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Bay Area Campaign Targets H-1B Visas, Asks Congress to Fix on Americans’ Behalf

Guest Post by Joe Guzzardi

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In a campaign that strikes at the heart of Silicon Valley hiring practices, Congress is being urged to fix the H-1B visa program, a major source of U.S. tech worker displacement since 1990. Now in its second week, the campaign features posters in BART trains and stations with a message for tech and other employers to hire U.S. tech workers.

Unambiguous messaging – “Your companies think you are expensive, undeserving & expendable. Congress, fix H-1B law so companies must seek & hire U.S. workers!” – ignited a Facebook firestorm with predictable extremist racism and xenophobia allegations. In today’s landscape, it’s easier to yell “fire” in a theater than to engage in intelligent, fact-based discussion. Comments posted on the Mercury News which first reported on the campaign, and incoming email from American tech professionals both employed and unemployed, were overwhelmingly positive, however.

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Fearing H-1B Tightening, Tech Giants Ramp Up Lobbying

Guest Post by Joe Guzzardi

Since Congress created the H-1B in 1990, IT services companies have had things go mostly their way. U.S. Citizenship and Immigration Services statistics show that the federal government has issued about 1.8 million visas through 2017 to overseas workers that displace or block employment opportunities to experienced, skilled Americans. H-1B visas are valid for three years, are routinely renewed for an additional three years, and routinely lead to citizenship.

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