March 18, 2015

The Big, Fat ‘American Worker Recruitment First’ Lie of H-1B

You’ve heard it from Big Government lobbyists. You’ve heard it from Big Business lackeys in both political parties. And you’ve heard it from journalists, pundits and think-tankers ad nauseam: The H-1B foreign guest worker program, they claim, requires American employers to first show that they searched for and tried to recruit American workers before tapping an ever-growing government-rigged pipeline of cheap foreign workers. The foot soldiers of the open-borders brigade are lying, deluded, ignorant or bought-off.

You’ve heard it from Big Government lobbyists. You’ve heard it from Big Business lackeys in both political parties. And you’ve heard it from journalists, pundits and think-tankers ad nauseam:

The H-1B foreign guest worker program, they claim, requires American employers to first show that they searched for and tried to recruit American workers before tapping an ever-growing government-rigged pipeline of cheap foreign workers.

The foot soldiers of the open-borders brigade are lying, deluded, ignorant or bought-off.

On Tuesday, the Senate Judiciary Committee brought top independent academics and informed whistleblowers to Washington to expose the truth. Sen. Charles Grassley, R-Iowa, hosted Howard University associate professor of public policy Ron Hira, Rutgers University professor Hal Salzman, Infosys whistleblower Jay Palmer and former computer programmer-turned-lawyer John Miano, who brought much-needed reality checks on the systemic betrayal of American workers to the Beltway table.

Miano’s testimony was particularly important because he explained how the little known “OPT” (Optical Training Program) for foreign students is being used to circumvent H-1B and supply large corporations with cheap foreign labor. President Obama has expanded this regulatory program by unfettered administrative fiat. As Miano noted: “OPT has no labor protections of any kind. Aliens on OPT do not even have to be paid at all. While DHS requires aliens to work in an area related to their major area of study, DHS has no ability to ensure that this happens. Under OPT, over 125,000 foreign workers a year are simply turned loose in America with no supervision or restrictions.”

Also on hand at the hearing: a few Big Tech shills toeing the Zuckerberg/Gates/Chamber of Commerce line that there’s a catastrophic American tech worker shortage, even as thousands upon thousands of American workers are being laid off in favor of underpaid, easily exploited H-1Bs. (Just use H-1B-promoter Google’s search engine and type in “Southern California Edison” and “layoffs.”)

Grassley put it plainly: “Most people believe that employers are supposed to recruit Americans before they petition for an H-1B worker. Yet, under the law, most employers are not required to prove to the Department of Labor that they tried to find an American to fill the job first.”

He added, “And, if there is an equally or even better qualified U.S. worker available, the company does not have to offer him or her the job. Over the years, the program has become a government-assisted way for employers to bring in cheaper foreign labor, and now it appears these foreign workers take over – rather than complement – the U.S. workforce.”

Hira affirmed: “It’s absolutely not true” that employers seeking H-1Bs must put American workers first, either by “law or regulations.”

How did this myth gain such traction? Many commentators and journalists confuse the labor certification process required for companies applying to obtain green cards (lawful permanent residency status) for H-1B workers with the Labor Condition Application (LCA) process for H-1Bs. Labor certification in the green card process “exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.” Only in extremely narrow and exceptional circumstances do these nominal protections exist in the H-1B LCA process. (Companies must be classified as “H-1B dependent” for the requirements to apply. Big Tech giants like Facebook have been lobbying mightily to avoid the classification.) And even those narrow exceptions are easily and often circumvented by H-1B foreign worker traffickers.

Conservative journalist W. James Antle gets to the heart of the matter: “If the government has discretion in how it exercises its legitimate authority over who comes and who goes, a prerequisite for national sovereignty, then shouldn’t it exercise such discretion in a way that minimizes the impoverishment of Americans?”

For a very brief window, Grassley and, yes, Sen. Bernie Sanders, I-Vt., a small group of H-1B-employing banks and other financial institutions that accepted federal bailout money from the Troubled Asset Relief Program (TARP) did have to demonstrate that they had taken “good-faith steps to recruit U.S. workers” and offer them wages “at least as high” as those offered to H-1B workers. In addition, the targeted employers had to show that they “must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker” within a narrow time frame.

But this American worker-first provision, vociferously opposed by Big Business and Big Government, expired in 2011. The refusal of the vast majority of politicians and the White House to embrace these protections for all U.S. workers tells you everything you need to know about H-1B’s big, fat lies.

COPYRIGHT 2015 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.