Senate legislation to stop H1B Visa Abuse.
Zuckerberg to Supreme Court: Give Me More Cheap Foreign Labor
IR: In news that will surprise no one, Facebook’s Mark Zuckerberg urged the U.S. Supreme Court to allow for the implementation of President Obama’s executive amnesty programs. In a friend of the court brief (known as an amicus brief), Zuckerberg and 60 other business executives asked the Supreme Court to overturn the Fifth Circuit’s injunction blocking the Deferred Action for Parents of Americans (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) amnesty programs. “The federal government’s recent actions—clarifying its enforcement priorities and making temporary work authorization available to certain low-priority [illegal aliens]—strengthen the American economy by stabilizing the workforce, promoting job creation, reducing deficits and increasing federal, state and local tax revenues,” the brief claims. The business executives continue, “Preventing or delaying these policies will only withhold the tangible benefits of a more diverse, productive business environment.”
The message from Zuckerberg and Co. is clear: we want access to more cheap foreign labor. Rather than “stabilizing the workforce,” implementation of DAPA and expanded DACA would flood the labor market with at least 5 million illegal aliens who would receive work authorization under these amnesty programs. Instead, Zuckerberg and his business pals want to stabilize costs in the form of lower wages to these amnestied illegal aliens in order to further pad their pockets with even higher profits. Unsurprisingly, Zuckerberg’s brief fails to mention that the tech industry has experienced record profits yet wages have flat-lined for years.
Despite the ample supply of native workers at the high-skilled (there’s a glut of STEM degree holders) and low-skilled (workforce participation is at historical lows) levels, Zuckerberg continues to demand amnesty and increased guest worker programs simply because they are cheaper than hiring Americas.
The Supreme Court will hear arguments in U.S. v. Texas starting April 18. To learn more about the case, visit FAIR’s resource page here.
**** Then there is the Donald:
In the CNN March 10 debate…..hey Trump is there a right or wrong standard you won’t exploit? See the video here.
Donald Trump, facing questions in tonight’s CNN debate about the H1B visa program, said it’s a program he knows well. “It’s something that I frankly use and shouldn’t be allowed to use,” Trump said. “We shouldn’t have it — very, very bad for workers.””I’m a businessman and I have to do what I have to do,” Trump continued. “When it’s sitting there waiting for you, but it’s very bad. It’s very bad for business. And it’s bad for our workers and unfair for our workers.”
NYT:Donald J. Trump’s Mar-a-Lago Club in Palm Beach, Fla., describes itself as “one of the most highly regarded private clubs in the world,” and it is not just the very-well-to-do who want to get in.
Since 2010, nearly 300 United States residents have applied or been referred for jobs as waiters, waitresses, cooks and housekeepers there. But according to federal records, only 17 have been hired.
In all but a handful of cases, Mar-a-Lago sought to fill the jobs with hundreds of foreign guest workers from Romania and other countries.
In his quest for the Republican presidential nomination, Mr. Trump has stoked his crowds by promising to bring back jobs that have been snatched by illegal immigrants or outsourced by corporations, and voters worried about immigration have been his strongest backers.
But he has also pursued more than 500 visas for foreign workers at Mar-a-Lago since 2010, according to the United States Department of Labor, while hundreds of domestic applicants failed to get the same jobs.
*** Further:
Trump’s modeling agency broke immigration laws, attorneys say
CNN Investigations: Throughout his campaign, Trump has loudly opposed the practice of U.S. companies using foreign workers instead of Americans — specifically the highly-skilled workers brought to the United States through the controversial H-1B visa program.
“These are temporary foreign workers, imported from abroad, for the explicit purpose of substituting for American workers at lower pay. I remain totally committed to eliminating rampant, widespread H-1B abuse,” Trump said in a statement on his website, though he backtracked on his position during a recent Republican debate.
While this visa program is best known for bringing over technology workers like engineers and computer programmers, Trump’s own modeling agency has used the program for years, federal data shows. That’s because federal law surprisingly lumps in fashion models with these other specialized workers — though it’s the only job that doesn’t require higher education. (Instead, models must have “distinguished merit and ability.”)
And now, the use of this visa by Trump Model Management, founded by Trump in 1999, is being questioned.
The agency is currently battling a proposed class action lawsuit filed by Jamaican model Alexia Palmer, who was brought to the country with an H-1B visa.
The suit alleges that the agency recruits foreign models with promises of wages that never materialize and defrauds the U.S. government on visa applications. Palmer is currently the only plaintiff and the suit has not yet been approved as a class-action.
In her case, Palmer says she was paid only a few thousand dollars over three years despite being lured with the promise of more than $200,000 in earnings in that same time period.
That salary was also what was listed by Trump Model Management as part of the visa application.
“Ms. Palmer will receive compensation of at least $75,000 per year,” the agency’s president Corinne Nicolas said in a letter to immigration officials. “She is a model whose services have been in great demand, and whose proposed temporary presence in the United States has stirred great anticipation by Trump Model Management and its clientele.” (Nicolas did not respond to a request for comment).
Government data analyzed by Howard University professor Ron Hira shows that since 2008, Trump’s agency has successfully brought over around 30 foreign models — from countries like Brazil, Latvia and China — using the H-1B program. Almost half of these applications indicated the same $75,000 annual salary, while others went as high as $416,000.
CNNMoney asked a dozen attorneys and other immigration experts to review facts and documents from the case, and the vast majority said Trump’s agency appears to have violated immigration law.
“It seems pretty clear to me that there was a violation… and a pretty egregious violation,” said New York immigration attorney Jeffrey Feinbloom.
Experts say that the U.S. government requires that full-time H-1B workers like Palmer be paid a high enough wage that they aren’t being exploited or displacing American workers — regardless of how much they end up working.
Experts say that the firm was required by law to pay the amount stated on Palmer’s visa — in this case, $75,000 a year. Even more egregious, they say, was that the Trump agency didn’t pay the “prevailing wage” determined by the U.S. government (which is based on the industry and location).
The U.S. Citizenship and Immigration Services agency (USCIS) confirmed that a sponsoring company “must pay the actual wage or the prevailing wage, whichever is higher” — meaning it was illegal to pay Palmer below either listed wage. “Employers may never pay below the prevailing wage,” the agency said in a statement.
For Palmer, the prevailing wage acknowledged by the Trump agency on the visa application was roughly $45,000 a year. Instead, she made less than $30,000 over three years from modeling jobs for clients ranging from Conde Nast to Saks Fifth Avenue.
And she didn’t even get to keep that full amount. It was almost entirely eaten up by taxes, a 20% commission to the Trump agency, administrative fees and modeling-related costs like $75 walking lessons and a $200 dermatology visit.
In the end, Palmer netted $4,985 over three years (which included cash advances and a $3,880.75 check), a figure acknowledged by the Trump agency. Much more here.
Silenced workers who lost jobs to H-1B visa abuse (quietly) speak out
WashingtonExaminer: The Senate Judiciary Committee recently held a hearing into abuses of the H-1B skilled guest worker visa program. Lawmakers heard experts describe how the use of foreign workers has come to dominate the IT industry, with many tech giants using the program to fire well-paid current workers and replace them with workers from abroad at significantly lower pay.
“The current system to bring in high-skill guest workers … has become primarily a process for supplying lower-cost labor to the IT industry,” two experts who testified at the hearing, Howard University’s Ron Hira and Rutgers’ Hal Salzman, wrote recently. “Although a small number of workers and students are brought in as the ‘best and brightest,’ most high-skill guest workers are here to fill ordinary tech jobs at lower wages.”
Exhibit A in the abuse of H-1Bs was the case of Southern California Edison, which recently got rid of between 400 and 500 IT employees and replaced them with a smaller force of lower-paid workers brought in from overseas through the H-1B program. The original employees were making an average of about $110,000 a year, the committee heard; the replacements were brought to Southern California Edison by outsourcing firms that pay an average of between $65,000 and $75,000.
