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Swordsmyth
07-28-2019, 06:47 PM
One of the major changes at U.S. Citizenship and Immigration Services that the Trump administration implemented under Francis Cissna was to apply some scrutiny to the approval process for H-1B visas.
Previously, the H-1B program had been a rubber-stamp operation (https://www.heritage.org/immigration/report/tackling-fraud-h-1b-work-visas-need-sensible-oversight) with a huge fraud rate in approved visas.
The situation was so bad that one could even import sex slaves into the United States using H-1B (https://sherloc.unodc.org/cld/case-law-doc/traffickingpersonscrimetype/usa/2001/united_states_v._lakireddy_bali_reddy_.html?tmpl=o ld).
Now USCIS is taking the long overdue step of ensuring that H-1B workers actually have jobs (https://news.bloomberglaw.com/daily-labor-report/companies-seeking-h-1b-visas-asked-to-prove-future-work-exists) or that the position is actually a specialty occupation that requires a college degree.
The change from no scrutiny to some scrutiny has caused shock waves among those involved with making H-1B petitions. Their strategy appears to be to flood the courts with lawsuits challenging H-1B denials (https://news.bloomberglaw.com/daily-labor-report/revocations-of-h-1b-visas-rise-in-new-front-against-immigration).
However, that approach may not work.
This week the District of Columbia District issued an opinion in Sagarwala v. Cissna (https://cases.justia.com/federal/district-courts/district-of-columbia/dcdce/1:2018cv02860/202218/29/0.pdf?ts=1563268648). Plaintiff Usha Sagarwala was in the United States on an H-1B visa. She sought to change jobs so that she would work as a "QA analyst" (Quality Assurance) where HSK Technologies (http://hsktechnologies.net) in Piscataway, New Jersey would be her paper employer while she actually would work for Anthem in Wallingford, Connecticut. Anthem is one of many employer using the H-1B program this way to replace American workers with cheap, foreign workers (https://www.breitbart.com/politics/2019/07/10/house-gop-subverts-president-trumps-trade-pressure-on-india/).


The District Court held "USCIS did not act arbitrarily or capriciously in concluding that HSK Technologies' petition did not describe a specialty occupation" and that "there is no basis under the APA for setting aside the agency's decision."

More at: https://cis.org/Miano/Court-Upholds-H1B-Visa-Scrutiny

Zippyjuan
07-28-2019, 06:59 PM
More jobs for Americans! (or not)

https://time.com/5634351/canada-high-skilled-labor-immigrants/


Tech Companies Say it's Too Hard to Hire High-Skilled Immigrants in the U.S. — So They're Growing in Canada Instead

On a recent Tuesday, Neal Fachan walked down a dock in Seattle’s Lake Union and boarded a blue and yellow Harbour Air seaplane, alongside six other tech executives. He was bound for Vancouver to check on the Canadian office of Qumulo, the Seattle-based cloud storage company he co-founded in 2012. With no security lines, it was an easy 50-minute flight past snow-capped peaks. Later that day, Fachan caught a return flight back to Seattle.

Fachan began making his monthly Instagram-worthy commute when Qumulo opened its Vancouver office in January. Other passengers on the seaplanes go back and forth multiple times a week. Fachan says his company expanded across the border because Canada’s immigration policies have made it far easier to hire skilled foreign workers there compared to the United States. “We require a very specific subset of skills, and it’s hard to find the people with the right skills,” Fachan says as he gets off the plane. “Having access to a global employment market is useful.”

In the fractious battle over immigration policy, most of the attention has been directed at apprehending migrants at the southern border. Some tech executives and economists, however, believe that growing delays and backlogs for permits for skilled workers at America’s other borders pose a more significant challenge to the U.S.’s standing as a wealth-creating start-up mecca. The risk of losing out on the fruits of innovation to Canada and other countries that are more welcoming to immigrants might be a bigger problem for our economic future than a flood of refugees. Half of America’s annual GDP growth is attributed to rising innovation.

“Increasingly, talented international professionals choose destinations other than the United States to avoid the uncertain working environment that has resulted directly from the agency’s processing delays and inconsistent adjudications,” testified Marketa Lindt, president of the American Immigration Lawyers Association, at a House hearing last week about processing delays at U.S. Citizenship and Immigration Services (USCIS). Lindt’s organization finds that USCIS processing time for some work permits has doubled since 2014, a fact cited in a May letter signed by 38 U.S. Senators on both sides of the aisle asking USCIS to explain the processing delays.

The backlogs in processing have particularly benefited our neighbor to the north. Canada has adopted an open-armed embrace of skilled programmers, engineers and entrepreneurs at the same time the U.S. is tightening its stance. Research shows that high-skilled foreign workers are highly productive and innovative, and tend to create more new businesses, generating jobs for locals. So each one who winds up in Canada instead of America is a win for the former, and a loss for the latter. “Really smart people can drive economic growth,” says Robert Atkinson, president of the Information Technology and Innovation Foundation, a think tank in Washington, D.C. funded in part by cable, pharmaceutical, television, and tech companies. “There are not that many people in the world with an IQ of 130, and to the extent that we’re attracting those people rather than the Canadians doing so, we’re better off.”

With the unemployment rate hovering below at or below four percent for the past 18 months, tech companies are long used to battling for talent by offering $100,000-plus starting salaries and perks like onsite gyms and all the kombucha you can drink. Recruiting foreign talent is one way for them to find new hires. There are a number of ways companies can hire skilled workers from India, China, and other countries, including applying for L-1 and H-1B visas, which allow foreigners to temporarily work in the United States. Demand for these visas, which are awarded by lottery, is intense. Since 2004, 65,000 H-1B visas are issued annually: this year’s ceiling was hit in only four days. (The government allows 20,000 additional visas for workers who have a master’s degree or PhD from a U.S. university.)

Amid the wider crackdown on immigration under the Trump Administration, the application process for employment-based visas appears to have gotten even tougher. The government denied 24% of all initial H-1B applications in 2018, up from six percent in 2015, according to an analysis of data from the National Foundation for American Policy, a pro-immigration think tank. It’s not just H-1B applicants who are experiencing delays. Applicants for all employment-based green cards now have to appear in person at a field office, a new policy that has created long delays, according to the American Immigration Lawyers Association, which says immigration officials under Trump are focusing more on enforcement than on processing legal applications for benefits. And despite a backlog of 5.7 million cases in 2018, USCIS has been providing surge resources to Immigration and Customs Enforcement field offices across the country, diverting more staff away from processing visa

Swordsmyth
07-28-2019, 07:02 PM
More jobs for Americans! (or not)

https://time.com/5634351/canada-high-skilled-labor-immigrants/
Some maybe will go elsewhere, others will not.
But we won't have so many imported communists to vote for Demoncrats and destroy our economy and drive more jobs away.

Stratovarious
07-28-2019, 07:05 PM
More jobs for Americans! (or not)

https://time.com/5634351/canada-high-skilled-labor-immigrants/
Why on earth would anyone want to bus' in people from other countries to steal jobs from Americans.....
Why would any American company want to do this as well, so they can get cheap labor
and turn America into a 3rd world schithole?

Stratovarious
07-28-2019, 07:06 PM
Canada is welcome to all they can get and more.

timosman
07-28-2019, 07:34 PM
Why on earth would anyone want to bus' in people from other countries to steal jobs from Americans.....
Why would any American company want to do this as well, so they can get cheap labor
and turn America into a 3rd world schithole?

Because this is how the growth of a business is measured. :tears:

Zippyjuan
07-28-2019, 07:38 PM
https://www.inc.com/magazine/201502/adam-bluestein/the-most-entrepreneurial-group-in-america-wasnt-born-in-america.html


The Most Entrepreneurial Group in America Wasn't Born in America

Immigrants now launch more than a quarter of U.S. businesses.

Derek Cha arrived in America as a 12-year-old with his parents and three siblings. They came for familiar reasons: "In 1977, South Korea was a poor country," Cha says. "My parents were looking for better opportunities and education for us." After the family settled in California, his mother worked as a seamstress; his father had jobs as a dishwasher and janitor. Cha delivered newspapers, helped his father with cleaning work after school, and got his first job at McDonald's at age 16.

Today, at 49, Cha is the owner of the 350-store chain of SweetFrog frozen-yogurt shops, which has more than $34 million in annual revenue. He employs about 800 part- and full-time workers in the 70-some locations he operates himself. (Like all the companies featured in this story, SweetFrog made the 2014 Inc. 500 list of America's fastest-growing companies.) Cha founded the Richmond, Virginia-based business in 2009, as the U.S. was slowly emerging from deep recession.

Risky? Yes. But increasingly, it is immigrant entrepreneurs like Cha who are most willing to take the risk of starting a business--and without the growth of immigrant-owned businesses like Cha's, the recession would have been much worse. From 1996 to 2011, the business startup rate of immigrants increased by more than 50 percent, while the native-born startup rate declined by 10 percent, to a 30-year low. Immigrants today are more than twice as likely to start a business as native-born citizens.

Despite accounting for only about 13 percent of the population, immigrants now start more than a quarter of new businesses in this country. Fast-growing ones, too--more than 20 percent of the 2014 Inc. 500 CEOs are immigrants. Immigrant-owned businesses pay an estimated $126 billion in wages per year, employing 1 in 10 Americans who work for private companies. In 2010, immigrant-owned businesses generated more than $775 billion in sales. If immigrant America were a stock, you'd be an idiot not to buy it.

Yet U.S. immigration policy has largely ignored the contribution of immigrant-launched businesses. Despite the bipartisan popularity of business-friendly proposals, including increasing the cap on H-1B work visas for skilled workers and creating a visa category for venture-backed entrepreneurs, the public debate frequently devolves into shouting matches over whether people should be deported and how quickly.

More at link.

Swordsmyth
07-28-2019, 07:42 PM
https://www.inc.com/magazine/201502/adam-bluestein/the-most-entrepreneurial-group-in-america-wasnt-born-in-america.html



More at link.
It's not worth the communism that will destroy entrepreneurship entriely.

Stratovarious
07-28-2019, 07:44 PM
https://www.inc.com/magazine/201502/adam-bluestein/the-most-entrepreneurial-group-in-america-wasnt-born-in-america.html

''Immigrants now launch more than a quarter of U.S. businesses.''

More at link.

Right

lemonade stands

Zippyjuan
07-28-2019, 07:44 PM
It's not worth the communism that will destroy entrepreneurship entriely.

Back to using the "communists" page in the Internet Forum Guidebook I see.

Zippyjuan
07-28-2019, 07:45 PM
https://www.incimages.com/uploaded_files/inlineimage/385x0/immigrant-effect-infographic_29608.png

Swordsmyth
07-28-2019, 07:49 PM
Back to using the "communists" page in the Internet Forum Guidebook I see.

https://media.8ch.net/file_store/a36c34bd04079eb08c593c005ea877374d20d79fa093327d47 53e49926d8e548.jpg

Zippyjuan
07-28-2019, 07:49 PM
https://www.brookings.edu/blog/the-avenue/2017/12/04/almost-half-of-fortune-500-companies-were-founded-by-american-immigrants-or-their-children/


Almost half of Fortune 500 companies were founded by American immigrants or their children


Economists disagree about a lot of things, but two areas—the importance of entrepreneurship to economic growth and job creation, and the outsized role that immigrants play in founding American companies—have reached broad consensus. And yet, immigration policy remains stalled at a time when the rate of business formation is near four decade lows—presenting a major disconnect between economic and political realities.

As two critical immigration policy issues face Congress—the fate of 800,000 immigrants brought to the United States illegally as children (“DREAMers”), and the re-introduction of the bipartisan Startup Act, which among other things, provides 75,000 visas to entrepreneurs that come to this country to start high-potential companies—new evidence demonstrates yet again just how critical foreign-born entrepreneurs are to lasting economic prosperity in the United States.

The Center for American Entrepreneurship, a non-partisan policy and advocacy organization, published a study today on the founders of America’s most valuable companies—those in the Fortune 500. The results are striking—43 percent of companies in the 2017 Fortune 500 were founded or co-founded by an immigrant or the child of an immigrant, and among the Top 35, that share is 57 percent.

These 216 companies produced $5.3 trillion in global revenue and employed 12.1 million workers worldwide last year, spanning a wide range of industrial activities—though half are in the high-technology, wholesale and retail trade, and financial and insurance sectors.

Swordsmyth
07-28-2019, 07:53 PM
https://www.brookings.edu/blog/the-avenue/2017/12/04/almost-half-of-fortune-500-companies-were-founded-by-american-immigrants-or-their-children/

You are only making it worse, those are the companies that corrupt our politicians.

Zippyjuan
07-28-2019, 07:54 PM
You are only making it worse, those are the companies that corrupt our politicians.

Let's end corruption and get rid of all companies!

Swordsmyth
07-28-2019, 07:58 PM
Let's end corruption and get rid of all companies!
Just getting rid of excessive foreigners and getting government out of the way of native businessmen will do fine.

The rich immigrants (often with corrupt connections) who come here to start companies are a crutch for excessive taxation and regulation that suppresses our own middle class and lesser rich who would start businesses, then they support big government too.

Zippyjuan
07-29-2019, 04:31 PM
Cut out the middle man and let companies exploit/ enslave people directly.

oyarde
07-29-2019, 04:37 PM
What ? Let me see if I understand this , so people from india are going to canada instead of the US and this matters how ? My quality of life will not be effected .