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Howard Foster

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Why Do We Have Immigration When Unemployment Is High?

Posted: 02/ 9/2012 3:55 pm

If there is a justification for immigration during a period of persistently high unemployment, I have not heard it made by any of our politicans. President Obama was asked by the wife of an unemployed engineer why the U.S. allows H-1B visas (for engineers and other high-tech workers) when so many are unemployed. The president seemed remarkably ill-informed in responding. He said, without citing any statistics, that businesses tell him they cannot find enough engineers. But this kind of anecdotal evidence is usually misleading. We don't know what kind of businesses the president was referring to. He should have known that there are many unemployed engineers. In fact, the Census puts the number at 1.8 million.

So why do we have any legal immigration when so many Americans are looking for work? Isn't the U.S. government obligated to pursue immigration policies that serve the interest of our citizens? It is. One of the purposes of the Immigration and Nationality Act (INA), the current immigration law, is to preserve job opportunities for American citizens. On the other hand, employers can petition the government for permission to import foreign workers with specialized knowledge, in many cases engineers to work in technology companies. The INA requires employers certify that they could not find an American citizen to fill the job at the "prevailing" wage level (8 U.S.C. 1182 (n)(1)). However, the the law requires the Department of Labor to issue the certification within seven days unless it is incomplete or "obviously inaccurate." So the process is skewed heavily in favor of granting the requests.

The program is fraught with fraud and abuse. A federal government study concluded that 20% of the H-1B applications are fraudulent in some respect. An entire cottage industry of firms that obtain H-1B workers and then "loan" them to another employer has cropped up. One such firm has been convicted of repeated violations of the program, was fined and excluded for a year.

Unfortunately, the Republican presidential candidates have not pressed the issue of H-1B visa fraud in the campaign. They have either bought into the myth of a labor shortage, or, like Mitt Romney, instinctively know it is a myth but make only occasional rhetorical bows to the problem. Romney has said that legal immigration should be tied to the performance of the U.S. economy. But more often he simply declares that he "loves" legal immigration without any qualification as he felt compelled to say in the last debate in Florida. He also said the charge of being "anti-immigrant" was "repulsive."

Why is it repulsive? Surely one can favor a moratorium on H-1B visas (capped at 65,000 per year) to preserve employment opportunities during a time of high unemployment. As noted, that is one of the mandates of the INA. And any president who refuses to follow the law is violating his oath of office. I don't think adjusting immigration limits downward is "anti-immigrant," but if it is then the INA is anti-immigrant. It sets an overall limit on the categories of immigrants that can be admitted into the country by year including H-1B workers. This is a recognition that the U.S. cannot absorb an unlimited number of immigrants while maintaining a low level of unemployment.

Why not have immigration levels make economic sense?

 

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If there is a justification for immigration during a period of persistently high unemployment, I have not heard it made by any of our politicans. President Obama was asked by the wife of an unemploye...
If there is a justification for immigration during a period of persistently high unemployment, I have not heard it made by any of our politicans. President Obama was asked by the wife of an unemploye...
 
 
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03:08 PM on 04/01/2012
politics aside, we have a demand side problem, no one wants our goods and our trade deficit is horrendous. if bringing in highly skilked immigrants will help to fix it, bribg them in the thousands. right now protectionism will ny exacerbate the problems we have. saying that though ceterus paribus, the American labor should win out... but doesn't it? what comany is going to spend the 10k and relo necessary to recruit if the labor is equal. heck, i cant get someone to consider me from across the US much less. by the i am unemployed!!!
11:27 PM on 02/13/2012
lets face facts Obutheads administration could care less about this nation. His intention all along has been to destroy this nation and our freedoms. The truth is it is easier to make poor subjects servants and slaves than it is to make rich people subjects. If Obuthead has his way boarders will be open and rights and freedoms will be destroyed. The only reason we have immigration at this point in time is a government that has NO respect for the people of THIS nation and no concern for the future of this nation.
11:13 PM on 02/12/2012
So you support illegal immigration and amnesty, while you can't stand legal immigration?
10:22 AM on 02/12/2012
As an early middle-aged "obsolete" unemployable engineer (think of Michael Douglas's character in "Falling Down"), I agree completely with this article!
11:38 AM on 02/12/2012
The US suicide rate has been rising since 2001. The age group in which this is happening is entirely 45-64. Read Bill Gate's post about why Gates Foundation is in India, then take a good look at the impact of his immigration agenda. The disparity between his words and the facts is alarming.
06:37 PM on 02/11/2012
THAT is an excellent point! We have GOT to take care of America right now... RIGHT NOW! We need to stop all immigration (legal AND illegal) and stop giving money to all of the other countries all over the world. There are unemployed, starving, homeless people, PEOPLE!, human beings, US citizens in our country right now!
Let's get together on this issue! I know Obama is trying to separate the people right now, because that's what Saul Alinsky has taught him, but please, please America... please fix our Country! This is NOT the same country that I grew up in! Not even close! What about OUR freedom?
12:30 AM on 02/12/2012
Not going to happen. The US is going to be a third world country with 1% RICH and the other 99% POOR. The plan is to systematically destroy the middle class with ever more and more immigrants with legal ones for the "skilled" work and illegal ones for the "unskilled" work.

The RICH don't want to pay decent wages so we just keep bringing in more and more people with displaced Americans collecting their "rice bowl" being unemployment and food stamps.
01:02 PM on 02/11/2012
Immigration attorneys from Cohen & Grigsby explains how they assist employers in running classified ads with the goal of NOT finding any qualified applicants, and the steps they go through to disqualify even the most qualified Americans in order to secure green cards for H-1b workers. See what the Federal government really mean by a "shortage of skilled U.S. workers." Microsoft, Oracle, Hewlett-Packard, and thousands of other companies are running fake ads in Sunday newspapers across the country each week.

http://www.youtube.com/watch?v=TCbFEgFajGU
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HUFFPOST SUPER USER
dtairtime
It is what it is
01:15 AM on 02/11/2012
Whoa is this article a shocker.

Not the content, which most who pay attention should have known, but that HP actually allowed this on their site when it doesn't push for mass amnesty, higher immigration levels or open borders.

I'm just shocked.
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HUFFPOST SUPER USER
Nancy Burian
11:02 PM on 02/10/2012
Unemployed Americans should have first crack at open jobs. They are the ones who have been waiting and waiting for a job. And, when are out borders going to completed? Stop giving the illegals benefits and that would save money. Why are they getting it in the first place? And no more birthright citizenship!
07:04 PM on 02/10/2012
The majority of H1B and L1 visa holders are trained on the job by Americans, with that being the case. How can they be filled a specialty that cannot be found in America? I work in the IT industry and we are compete for jobs with these folks. They can pack up and move to anywhere, live 3 - 5 people in a 1 bedroom apartment. How can you compete with that as an American with a home base?

How can countries who just recently had electrical power have more IT experience than Americans?

Washington is a joke and we need to send them all home, because they are lining their pockets with kick backs.
06:57 PM on 02/10/2012
Why are H1B visa holder allowed to work on a contract basis where they can move from project to project? Why are there so many India staffing agencies in the US? Why are Integrator like IBM, Deloitte, Accenture, etc able to hire foreign nationals for Tax Payer projects?

Why are India firms allow to hire only India worker? There are so many whys?
03:23 PM on 02/10/2012
Its simple - either you stand on the side of American workers who are your family members, friends, and neighbors who are trying to survive in this economy - or you side with the corporations that are replacing these same peope with lower paid foreign workers.
10:07 PM on 02/13/2012
Yep!
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HUFFPOST SUPER USER
Just-a-Guy
'cuz youd rather talk to someone you disagree with
02:29 PM on 02/10/2012
I guess all this software will rot in the fields if we don't allow cheap labor to come in here and undercut American jobs.... :/
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HUFFPOST SUPER USER
mochaview
My micro-bio approves boycotting corporations
05:26 PM on 02/10/2012
Good one! Time to start telling Microsoft and their H1-B visa workers that if we can't work there we won't buy their stuff. We're too attached to the same software, etc. In the early days before Microsoft there was Wordperfect and Wordstar. Now Microsoft is the standard and that's that but it doesn't have to be.

I met up with this practice for companies replacing American workers with foreign visa workers at a telecom firm years ago. They treated the guy like a slave too.

What the author will probably never realize unless he's told directly is that this is the common practice of the US from as far back as the 1850's. If you come to a NYC in that decade, you'd see free Blacks thriving until millions of poor desperate Irish come all at once and push them out of what's now the Village, Chinatown, Little Italy and then every point on the west side before reaching Harlem. Luring one group over to suppress wages is an old American practice that is conveniently brushed under the rug until you're under fire. These actions aren't unprecedented.
HUFFPOST SUPER USER
andreabeth7
01:49 AM on 02/11/2012
"What the author will probably never realize unless he's told directly is that this is the common practice of the US from as far back as the 1850's."

Yes, you are right. Free blacks lost jobs that would have helped them move up the economic ladder because the country was flooded with immigrants who would work for less. Booker T. Washington made his famous speech exhorting employers to 'cast down your bucket where you are' and hire US born African Americans to little avail.
10:07 PM on 02/13/2012
LINUX!
01:50 PM on 02/10/2012
Hmm I guess this paper doesn't like to include the rest of my post.... wonder why?

The other thing this lawyer forgets to add are the wages and total compensation these graduates are paid – many in the range of $100,000 to $300,000. Yes, we are talking about management or highly skilled positions here not crop pickers and about people with high quality experience and degrees from the Harvard and the likes. Please, go ahead and close the program, this way you would be left only with the 2 million illegals and other lowlifes and their kids which the U.S. government will subsidize for the rest of their life. And in the meantime most of the top U.S. schools will lose 99% of their top foreign candidates and of course all the patents, start-ups, upper management. Don’t worry there is Europe, Canada, Australia, Hong Kong and other industrialized places which are much more welcoming, and besides the U.S. doesn’t need high end technology and innovation it can just go back to manufacturing t-shirts or whatever does not require highly skilled human capital. Oh and yes those $300,000 jobs - they will follow across the pond as they always have. P.S. in the meantime we should send back all the American Citizens working outside of the U.S. back – and thrust me they are not 65,000 more like 4 million.
11:53 AM on 02/10/2012
Friends, we all can do more than just complain about NO JOBS FOR US CITIZENS, we can do things like sign a petition to Enact 2 Constitutional Amendments & choose voting FOR a person NOT a party! , because we care deeply about these very important issues. All of us US CITIZENS need to take a stand to preserve the rights and jobs of those US CITIZENS already here in the US.
It'll just take a minute and you can help by signing this petition, click here:
http://www.change.org/petitions/united-states-citizens-enact-2-constitutional-amendments-choose-voting-for-person-not-a-party?share_id=YfjTebuCnZ&
Once you're done, please ask your friends to sign the petition as well. Grassroots movements succeed because people like you are willing to spread the word!
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07:33 PM on 02/10/2012
Thank you. Done.
11:06 AM on 02/10/2012
" I don't think adjusting immigration limits downward is "anti-immigrant,"

The H-1b visa itself is "anti-immigrant". Supporting more H-1b visas is supporting an anti-immigrant policy, not to mention an anti-worker policy.

The H-1b is about temporary employment. It's a nationalized temp agency, and the top sponsors of the visa are of course Indian offshore outsourcing firms and American body shops. Workers don't have the ability to change jobs without finding another sponsor or risking a setback in any permanent residency application they have pending (for those who really do want to immigrate).

If you really support immigration and immigrants, you would oppose EMPLOYER sponsored visas. Employers should not be immigration middle-men because their motives aren't about our national interests, rather their corporate interests.

As to the point you make on numbers being driven by economic circumstance of course it should. As employment rises immigration should rise to sustainable levels, and when unemployment rises immigration levels should fall. Right now we should restrict immigration to family members of immigrants and citizens already here and some humanitarian cases. It makes no sense to force a growing body of unemployed to compete with additional people in the workforce.

And if your primary business model is offshore outsourcing, you should not be permitted to sponsor any workers. Let's call the H-1b by its real name - the "Offshoring Visa".
01:46 PM on 02/10/2012
I concur. During these trying times the H1-B visa, "outsourcing" of jobs, and the hiring of illegal aliens all exacerbate the high domestic unemployment rate.
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doublehappi
06:34 PM on 02/10/2012
You are wrong my friend. H1b has been abused by off shoring companies, But you just cannot call it an off shoring visa. Thats insulting people who have been on a H1b on genuine High skilled Jobs.
Including the 20k foreign Grad students who take H1 b after graduating from masters programs.
11:43 PM on 02/10/2012
The 20k are outnumbered by the 65k - and then of course there are the exemptions to the cap. Bottom line is that corporations should not be immigration middle-men. We got it wrong when we decided that employers should be able to sponsor workers.

If the 20k you speak of truly are national assets, they don't belong on an H-1b visa.
01:19 AM on 02/11/2012
The vast majority of "high skilled jobs" are easily filled by unemployed Americans.