Saturday, January 9, 2016

Obama making it easier for foreign workers to compete for American jobs

Per Numbers USA, as American workers began to welcome in the start of a New Year, the Obama Administration did its best to crush their hopes of finding new jobs or increasing their pay in the New Year.

On New Year's Eve, the Obama Administration published a massive, 181-page proposed rule to the Federal Register that would allow the Department of Homeland Security to grant work permits to skilled foreign workers well-above the limits established by Congress.

The most offensive provision would allow foreign workers in the country on the H-1B non-immigrant guest worker visa to receive a three-year work permit until they become eligible for the limited number of employment-based green cards.

HERE'S HOW IT WOULD HAPPEN
High-skilled foreign workers are sponsored by U.S. employers for the three-year temporary H-1B work visa. (We've documented on numerous occasions the devastating effects that current, abusive H-1B practices have on skilled American workers and their wages.) These foreign workers can renew their H-1B visas once for a total of six years, but they must leave the country after the six-year period unless their employer applies for and receives a permanent employment-based green card on their behalf.

The rule attempts to appease the tech companies that want the annual caps raised and per-country limits eliminated. For example, the EB-2 green card, which is reserved for foreign workers with "advanced degrees" is capped at around 40,000 per year. But only 7% can be issued to workers from one country, so many times a foreign worker from India or China must leave the country at the end of the six-year period because the feds have already reached the limit for the year in that particular category or to citizens of that particular country.

Pres. Obama's proposed rule would allow those foreign workers who have not received their EB-1, EB-2, or EB-3 visas (even though an application has been filed on their behalf) to receive a three-year work permit until a green card becomes available. None of these new work permits would count against any of the existing caps for non-immigrant visas or green cards established by Congress.

Over the years, employers have been more selective when choosing which H-1B workers for whom they submit employment-based green card applications for. But should this new rule be implemented, employers can apply for green cards on behalf of all their foreign workers knowing they'll receive work permits even if the caps have been reached.

Even with its cap restrictions, employers prefer H-1B workers over American workers because they can pay them less and the workers can't switch jobs, which is why they've been pressuring Congress for years to increase the caps. This proposed rule accomplishes the same by lifting the six-year limit and exempting them from the H-1B caps.

The Rule

Jess Sessions comments on the rule

What you can do is Post a comment against it

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