"The vast majority of [imported foreign workers], including those hired from U.S. universities, are ordinary people doing ordinary work, not the best and the brightest. On the contrary, the average quality of the [imported foreign worker] is LOWER than that of the Americans.
Furthermore, vast majority of [imported foreign workers], again including those hired from U.S. universities, are not doing work for which qualified Americans are unavailable."
Norman Matloff, professor, U.C. Davis
America is losing its struggle of protecting Americans and American jobs against the onslaught of immigrants seeking to take away U.S. based jobs. Please know that it was not the immigrate who caused the loss of the American Dream. No, rather it was U.S. business that made the conscious decision to exclude American workers from their work force in favor of Indian or Chinese workers.
Congress and the Executive branch allowed the tripling of immigration for the sole purpose of taking jobs from employed Americans. Because immigrants are displacing U.S. workers, assistant Senate Majority Leader Dick Durbin (D-Ill.) and Sen. Chuck Grassley (R-Iowa) introduced legislation intended to stop the abuses.
“Congress created the [Guest-Worker] visa program so an employer could hire a foreign guest-worker when a qualified American worker could not be found.” said Durbin. “However, the [Guest-Worker] visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs. “
How does the U.S. corporation circumvent the U.S. laws and defraud the American workers?
The business scheme has been known for years. In January 2011, the Government Accountability Office published another one of their studies on the H visa (the highly skilled, specialty occupation) with the conclusion that the visa program is detrimental to American workers for various reasons, including, there is no effective oversight; there is no legal provision to hold the U.S. employer accountable for breaking the law; Congress changed the law to allow employers to exceed the statutory cap and the employers have lowered the bar for eligibility. http://www.gao.gov/new.items/d1126.pdf
The GAO report outlines the scheme by employers to circumvent the law. The Immigration Code was written for the traditional employer directly responsible for the H1b immigrant worker. However, the U.S. employers have concocted a scheme to baffle the Department of Labor by creating indirect employment relations through the “staffing company.”
What happens is that the first staffing company in the foreign country “hires” the worker but then “loans or transfers” the worker to another staffing company to send to the U.S.; and the “importing” staffing company then “leases” the immigrant to the U.S. employer who had fired his American workers to make room for the immigrant worker.
Under this “indirect” employer scheme, the U.S. employer claims that they do not “employ” the immigrant; and the importing staffing company claims that they do not “employ” the immigrant; leaving the responsible employer to the staffing company in the foreign country.
Under this “indirect” employer scheme, the Department of Labor claims it cannot do anything. Nonsense. The Department of Labor does not want to do anything. Since the 2001, under Elaine Chao, wife of Congressman Mitch McConnell, and President Bush's appointment as Secretary of Labor from 2001 to 2008, the Department of Labor has dismantled all oversight of the employment preference visas.
The solution is very simple and ahs existed for more that 50 years because it does not depend on “direct” or “indirect” employment relationships. Every business in the whole daisy chain of businesses are the “employer” of the immigrant and each is responsible for their own conduct under the law.
Under Federal and state laws, the courts have recognized “duel employment” relationships, which is why any person can work 2 or 3 jobs and have multiple employers.
Implementing the current law of duel employment is available to the Department of Labor without another act of Congress. The failure to apply the law is a failure of political will to protect Americans and American jobs.
FOREIGN STUDENT VISA FRAUD
However, American students are another segment of American society harmed by the abuse of employment preference visa. U.S business are allowed use the employment preference visa to exclude American students out of the labor markets.
Here is how that works. Foreign students are admitted into the county on either a F-1 or M-1 visa to study, only. However, business persuaded Congress to create the “optional practical training” or OPT and the “curriculum practical training” or CPT for foreign students, only. Both of these programs allow the foreign student to work for a U.S. employer doing full time work for a fraction of the cost, all the while excluding a qualified American worker and/or American student.
The term is one year, but the inexperienced college student may change his/her status to H-1B as a “college educated highly skilled worker in a specialty occupation. (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60aRCRD)
It should not surprise anyone that the rate of foreign students into U.S. schools has doubled from 2001 to 2010. According to the Department of Homeland Security, between 2002-2006, the U.S. admitted 2,490,000 foreign students for an average of 746,973 per year. However, between 2007-2010, the U.S. admitted 4,057,100 foreign students for an average of 1,014,275 per year.
There are "foreigners only" want advertisement all across the country. American college student are faced with employers who will only hire foreigners. The U.S. Government has established preferences for foreign students to get into a U.S based school and the gives them preferences to jobs while in college, through the OPT and/or CPT visas. (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60aRCRD)
Over 2,000 jobs for entry level college graduates can be found on the internet at any one time. Yet, more than half of those job opportunities are for foreigners ONLY. (http://m.dice.com/m/index.jsp - type in the keyword “opt” or “cpt”)