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Justice Department warns companies not to discriminate against US workers


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2017 Apr 4, 5:56am   1,630 views  5 comments

by zzyzzx   ➕follow (5)   💰tip   ignore  

http://www.washingtonexaminer.com/justice-department-warns-companies-not-to-discriminate-against-u.s.-workers/article/2619175#!

The Justice Department warned employers Monday not to discriminate against U.S. workers by over-hiring foreign workers under the H-1B visa program.

Acting Assistant Attorney General of the Civil Rights Division Tom Wheeler said in a release that the Justice Department will "not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers."

"U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims," he said.

The department is starting the process of accepting H-1B visa petitions for the next fiscal year. Last year, the cap of 85,000 was reached less than a week after the application period began.

An H-1B visa is a nonimmigrant visa that allows U.S. employees to temporarily employ foreign workers in a specialty occupations in the science and information technology fields.

President Trump slammed H-1B visas early in his campaign, and Attorney General Jeff Sessions has long targeted the program.

"It's simply wrong to think that we're in a totally open world and that any American with a job can be replaced if somebody in the world is willing to take a job for less pay," Sessions told the Senate Judiciary Committee during his confirmation hearing.

#h1b #trump #MAGA

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1   Patrick   2017 Apr 4, 9:58am  

http://thehill.com/policy/technology/327005-trump-administration-cracks-down-on-visas-for-computer-programmers

Companies use the H-1B program to import workers for highly skilled positions that are difficult to fill. The Trump administration, however, has alleged that tech companies and IT outsourcing firms have abused the program to the detriment of American workers.

https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf

2   zzyzzx   2017 Apr 4, 10:02am  

Some of my more favorite points here:

  • a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation. Thus, a petitioner may not rely solely on the Handbook to meet its burden when seeking to sponsor a beneficiary for a computer programmer position. Instead, a petitioner must provide other evidence to establish that the particular position is one in a specialty occupation as defined by 8 CFR 214.2(h)(4)(ii) that also meets one of the criteria at
  • Accordingly, USCIS officers must also review the LCA to ensure the wage level designated by the petitioner corresponds to the proffered position. If a petitioner designates a position as a Level I, entry-level position, for example, such an assertion will likely contradict a claim that the proffered position is particularly complex, specialized, or unique compared to other positions within the same occupation.
  • Officers are also reminded that USCIS does not bear the burden of establishing that a particular position does not qualify as a specialty occupation. Instead, the petitioner bears the burden of establishing eligibility for the benefit sought. Section 291 of the INA, 8 U.S.C. § 1361. Accordingly, USCIS officers may not approve a petition based on inconclusive statements from the Handbook about the entry-level requirements for a given occupation. Rather, the petitioner bears the burden to submit probative evidence from objective and authoritative sources that the proffered position qualifies as an H-1B specialty occupation.
3   FortWayne   2017 Apr 4, 12:16pm  

This is what Winning for America looks like boys.

I'd love to see how they'll step up enforcement here.

4   lostand confused   2017 Apr 4, 12:19pm  

APOCALYPSEFUCK_is_ADORABLE says

Let us know when the first indictment against HP or any Fortune 500 company is filed

At least they are trying, unlike Obozo the clown.

5   Booger   2017 Apr 5, 6:08pm  

http://www.breitbart.com/texas/2017/04/05/trump-admin-creates-reporting-tool-h-1b-abuse/

Trump Admin Creates Reporting Tool for H-1B Abuse

United States Citizenship and Immigration Services (USCIS) announced a tip-line for Americans who are the victims of foreign worker outsourcing through the H-1B visa in a news release.

“Information submitted to the email address will be used for investigations and referrals to law enforcement agencies for potential prosecution,” the release stated.

Every year, more than 85,000 Americans potentially lose their jobs to foreign labor through the H-1B visa program.

Under the new guidelines, USCIS will visit worksites of where H-1B visas are used, looking for cases where the employer’s basic business information does not specifically validate why foreign workers are being used instead of American workers.

“Targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B program may be more likely to occur, and determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers,” the statement reads.

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