Law Offices of James A. Otto
Law Offices of James A. Otto
  • About
    • About Us
    • About Foreign Workers
  • WHO IS TAKING YOUR JOB
    • The History of Guest Worker Visas
    • Congress Gets Paid
    • How Visa Fraud Works
    • "Foreigner ONLY" Jobs Ads
    • Whose Job Can Be Taken Away
    • How Many Millions Are Imported
    • No Need To Import Labor
    • Pretext To Import Millions of Foreign Workers
    • U.S. Workers Forced to Train Foreign Replacements Then Fired
    • The Remedy to Protect U.S. Workers
  • Protect Your Job
    • Do NOT Sign Any Agreement Without Speaking to An Attorney
    • The Foreign Worker Must Qualify As "Highly Skilled."
    • The Foreign Worker Must Be Paid More Than You.
    • The Employer May Not Import Only 1 Nationality.
    • Demand a Survey of Wage And Available Workers
  • Cases
    • SAG Fires Women for Breast Cancer Replaces Her with Foreign Worker
    • DISNEY Excludes ALL U.S. IT workers
    • MOLINA HEALTHCARE: V.P. Admits Excluding Americans to Build "Little Mumbai"
  • Articles of Interest
    • Disney Poised to Fire More Americans
    • Carly Fiorina's Many Faces
    • Who Is Stealing Your Job
    • Carly Foirina's War on American Workers
  • Contact
  • About
    • About Us
    • About Foreign Workers
  • WHO IS TAKING YOUR JOB
    • The History of Guest Worker Visas
    • Congress Gets Paid
    • How Visa Fraud Works
    • "Foreigner ONLY" Jobs Ads
    • Whose Job Can Be Taken Away
    • How Many Millions Are Imported
    • No Need To Import Labor
    • Pretext To Import Millions of Foreign Workers
    • U.S. Workers Forced to Train Foreign Replacements Then Fired
    • The Remedy to Protect U.S. Workers
  • Protect Your Job
    • Do NOT Sign Any Agreement Without Speaking to An Attorney
    • The Foreign Worker Must Qualify As "Highly Skilled."
    • The Foreign Worker Must Be Paid More Than You.
    • The Employer May Not Import Only 1 Nationality.
    • Demand a Survey of Wage And Available Workers
  • Cases
    • SAG Fires Women for Breast Cancer Replaces Her with Foreign Worker
    • DISNEY Excludes ALL U.S. IT workers
    • MOLINA HEALTHCARE: V.P. Admits Excluding Americans to Build "Little Mumbai"
  • Articles of Interest
    • Disney Poised to Fire More Americans
    • Carly Fiorina's Many Faces
    • Who Is Stealing Your Job
    • Carly Foirina's War on American Workers
  • Contact

remdey to protect u.s. workers

How could the U.S. Government protect American workers from being replaced by the betrayal of corporate executives? There are four (4) answers and each is very simple. 

First, Congress can eliminate the “Guest-Worker” visas completely as the U.S. has a sufficient domestic workforce exists to supply business with all the labor needed to meet its needs.

Undisputedly, the U.S. is producing well over 100% of the needs of U.S. business for college graduates at all levels. No one still seriously argues a “shortage” of "skilled" U.S. workers.
http://www.bls.gov/news.release/pdf/jolts.pdf; http://nces.ed.gov/fastfacts/display.asp?id=372; http://nces.ed.gov/programs/digest/d14/tables/dt14_318.10.asp;   http://www.informationweek.com/news/205601556?pgno=3; http://www.urban.org/UploadedPDF/411562_Salzman_Science.pdf

Even the U.S. Congress admits there is no longer a need to import foreign workers or foreign students who are replacing competent American workers. http://dailycaller.com/2015/04/09/senators-ask-feds-to-investigate-guest-worker-visa-abuse/


Second, what do corporations fear about the United Kingdom? The British have a “smashing” idea.  British laws provide that if a company out sources all or part of its business to a foreign service provider then the affected British employees are entitled to become employees of the new service provider on the same terms and conditions as their original employment.  In England, if the importing corporation does not hire the affected employee then those affected  employees “are automatically considered unfair dismissals that entitle such employees to compensation.” 

The British government treats its citizens fairly – unlike the U.S. Congress. Congress should adopt the British law creating a presumption of illegal employment practices; and that when the affected U.S. worker is not hired and retained by the importing company then the remedy is all back pay and four (4) years future pay to allow the U.S. victim time to readjust.  

In addition, Congress should fund the Department of Justice in order to create a 100 attorney section dedicated to investigating and prosecuting the illegal conduct of corporations that import foreign workers to replace competent U.S. workers.  Such conduct should carry criminal penalties, including jail time for the corporate executive in charge of staffing, as well as, a fine for the corporation of no less than $500,000 per incident.

The third remedy adopts the United Kingdom’s requirement of a “resident labor market test” to confirm that no [U.S. worker] is available to take the job. This remedy strikes at the heart of the importing corporations who admit that their success will depend on their ability to attract and retain employees from India.  They admit: “The vast majority of our professionals in the United States and in Europe are Indian nationals.” The importing corporations admit in writing that their ability to do business in the U.S.  “depends on . . . our ability to obtain the necessary visas and work permits” to import and replace American workers.

In short, the businesses that import intentionally EXCLUDE FROM EMPLOYMENT CONSIDERATION ALL U.S. WORKERS.

Congress could direct the Bureau of Labor Statics to report on the need to import foreign labor into the United States. This will stop the wholesale replacement of competent U.S. workers and give U.S. students a fair chance at employment.

Also, if Congress were to prohibit the replacement of any U.S worker by an imported foreign worker that would stop the free flow of imports to replace American workers – except for the fraudulent imports currently practiced.

Fourth, in the case of fraudulent importation of foreign workers, Congress could direct the Secretary of State to order all U.S. Embassies to investigate and document each and every Guest-Worker visa. Also, Congress could direct the Department of Labor to investigate and document each and every Guest-Worker visas and potential employers in the U.S. for truthfulness.    

   #immigration; # H1B; #Disney


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