Trump nominee for Attorney General promises curbs on H1B visas

January 12, 2017

Washington, Jan 12: US President-elect Donald Trump's nominee for the post of Attorney General has assured lawmakers of taking steps towards pushing legislative measures to curb misuse of H-1B and L1 work visas significantly used by Indian IT professionals and allegedly replace American workers.

visa"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," Senator Jeff Sessions told members of Senate Judiciary Committee during his confirmation hearing for the position of US Attorney General.

"We have borders. We have a commitment to our citizens and you have been a champion of that. I've been honoured to work with you on it," Sessions said in response to a question from Senator Charles Grassley, Chairman of the Senate Judiciary Committee.

In the past both Sessions and Grassley have worked together to bring legislations on H-1B visas that badly hit Indian IT companies.

The Office of Special Counsel for immigration related unfair employment practices is an office within the Justice Department which would be headed by Sessions if he is confirmed by the US Senate.

The Office enforces the anti-discrimination provisions of the Immigration and Nationality Act.

"While the office is designed to protect foreign nationals with employment visas from discrimination, it is also charged with ensuring that American workers are not discriminated against in the workplace.

Many US workers advocate that the layoff of American workers and the replacement by cheaper, foreign, H-1B workers constitutes de facto nationality based discrimination against American workers," Grassley said.

"The Obama administration has failed to protect American workers here. Will you, this is my question, will you be more aggressive in investigating the abuses of these visa programmes?" he asked.

"I believe this has been an abuse. And I have been pleased to support your legislation and some others too, that others have produced that I believe could be helpful. It needs to be addressed," Sessions said.

Describing Sessions as a vocal champion for American workers, Grassley said many American workers are being laid off and replaced by cheaper foreign labour imported through some of the US visa programmes.

Sessions, Grassley and Senator Dick Durbin in the past had co-sponsored a bill that would reform H-1B visa programmes by ensuring that qualified American workers are considered for high skilled job opportunities before those jobs can be offered to foreign nationals.

"It also prohibit a company from hiring H-1B employees if they employ more than 50 people and more than 50 per cent of their employees are H-1B or L-1 visa holders," he said.

This provision would crack down on outsourcing companies that import large number of H-1B and L1 workers for short training periods and then send these workers back to their home countries to do the work of US workers, he added.

"In 2013, you and I seem to be the lone senators on this committee who fought for US workers. We argued that the Gang of Eight bill that would have increased the number of foreign workers who came in on H-1B visas and actually hurt Americans who were qualified, willing to do those jobs, we said that the bill failed to adequately protect US workers and neglected to hold employers accountable for misusing the H-1B and L1 visa programs," Grassley said.

"We tried to provide more protection for US workers. We tried to ensure that no business imported foreign workers before making a good faith effort to hire people at home. We tried to expand the ability for government to audit employers, we offered amendments that were supported by the AFL-CIO," he said.

"In April 2015, you helped lead eight other senators in a letter to then Attorney General Holder, Secretary of Homeland Security Johnson, and Secretary of Labor Perez on this issue. Some of those who signed that letter sit on this panel today. For instance, Senator Durbin and Blumenthal," he said.

That letter requested that the Obama administration investigate abuse of H-1B visa programmes by companies including Southern California Edison, Disney and IBM that have been laying off American workers and replacing them with H-1B workers in some cases reportedly making the American workers train their own replacements, Grassley said.

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News Network
January 20,2020

Langkawi, Jan 20: Malaysia will not take retaliatory trade action against India over its boycott of palm oil purchases amid a political row between the two countries, Prime Minister Mahathir Mohamad said on Monday.

India, the world’s largest edible oil buyer, this month effectively halted imports from its largest supplier and the world’s second-biggest producer in response to comments from Mahathir attacking India’s domestic policies.

“We are too small to take retaliatory action,” Mahathir told reporters in Langkawi, a resort island off the western coast of Malaysia. “We have to find ways and means to overcome that,” he added.

The 94-year-old premier of Muslim-majority Malaysia has criticised New Delhi’s new religion-based citizenship law and also accused India of invading the disputed region of Kashmir.

Mahathir again criticised India’s citizenship law on Monday, saying he believed it was “grossly unfair”.

India has been Malaysia’s largest palm oil market for the past five years, presenting the Southeast Asian country with a major challenge in finding new buyers for its palm oil.

Benchmark Malaysian palm futures fell nearly 10% last week, their biggest weekly decline in more than 11 years.

New Delhi is also unhappy with Malaysia’s refusal to revoke permanent resident status for controversial Indian Islamic preacher Zakir Naik, who has lived in Malaysia for about three years and faces charges of money laundering and hate speech in India.

Mahathir said even if the Indian government guarantees a fair trial, Naik faces the real threat of vigilante action and that Malaysia will only relocate the preacher if it can find a third country where he would be safe.

“If we can find a place for him, we will send him out.”

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News Network
June 23,2020

Jun 23: US President Donald Trump has issued a proclamation to suspend issuing of H-1B visas, which is popular among Indian IT professionals, along with other foreign work visas for the rest of the year.

Trump said the step was essential to help millions of Americans who have lost their jobs due to the current economic crisis.

Issuing the proclamation ahead of the November presidential elections, Trump has ignored the mounting opposition to the order by various business organisations, lawmakers and human rights bodies.

The proclamation that comes into effect on June 24, is expected to impact a large number of Indian IT professionals and several American and Indian companies who were issued H-1B visas by the US government for the fiscal year 2021 beginning October 1.

They would now have to wait at least till the end of the current year before approaching the US diplomatic missions to get stamping. It would also impact a large number of Indian IT professionals who are seeking renewal of their H-1B visas.

“In the administration of our Nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour,” said the proclamation issued by Trump.

In his proclamation, Trump said that the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment rates ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till the end of the year his previous executive order that had banned issuing of new green cards of lawful permanent residency.

Green card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy, he said.

“American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work. Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers,” Trump said.

“Under ordinary circumstances, properly administered temporary worker programmes can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain non-immigrant visa programmes authorising such employment pose an unusual threat to the employment of American workers,” he said.

For example, Trump said, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas.

“During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions,” he said.

“Also, the May unemployment rate for young Americans, who compete with certain J non-immigrant visa applicants, has been particularly high -- 29.9 percent for 16-19-year-olds, and 23.2 percent for the 20-24-year-old group,” he said.

“The entry of additional workers through the H-1B, H-2B, J, and L non-immigrant visa programmes, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak,” Trump said.

Trump observed that excess labour supply is particularly harmful to workers at the margin between employment and unemployment -- those who are typically "last in" during an economic expansion and "first out" during an economic contraction.

In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities, he said.

The proclamation suspends and limits entry into the US of H-1B, H-2B and L visas and their dependents till December 31, 2020. It also includes certain categories of J visas like an intern, trainee, teacher, camp counselor, or summer work travel programme.

The new rule would apply only to those who are outside the US, do not have a valid non-immigrant visa and an official travel document other than a visa to enter the country.

According to the proclamation, it does not have an impact on lawful permanent residents of the United States and foreign nationals who are spouses or child of an American citizen.

Foreign nationals seeking to enter the US to provide temporary labour or services essential to the food supply chain are also exempted from the latest proclamation.

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News Network
March 18,2020

Washington, Mar 18: Hundreds of distressed Indian students, stuck in the Philippines, are seeking help through video messages as they are unable to fly back home due to the travel restrictions imposed by India to contain the spread of the deadly novel coronavirus, according to friends and relatives of some of these students in the US.

The Indian government on Tuesday banned the entry of passengers from Afghanistan, Philippines and Malaysia to India with immediate effect amid stepped up efforts against the spread of COVID-19.

In a video message by one of these students Akhil Bala Nair, around 200 Indian students had booked their flight tickets for India in the next few days. But all of them have been cancelled due to the new policy.

Most of the students, she said, had booked their flights for March 17 and rest were schedule to travel to India on March 19 and 20. But the flights were cancelled and scores of Indian students are now stuck at the airport in Manila, Nair said in the video message sent to Prem Bhandari, head of the Jaipur Foot USA.

“It is need of the hour that the Indian government send a plane to bring these Indian students back home,” Bhandari, who in the past has worked for the cause of the Indian diaspora, and who was approached by these students told PTI.

According to these students, some 100 of them have been at the airport since Tuesday.

They all have confirmed tickets but the airport authorities are not allowing them to check in because of the new travel regulations.

While the airport authorities have asked them to go back to their respective place of residence, the students said they were unable to travel because of the absence of local taxi or shared ride services.

The students said that they are running out of time as the Philippines government has given them 72 hours time to exit the country, which started from March 16, after which the country will go into lockdown.

“This means we would not be able to travel anywhere outside Philippines after March 20,” Nair said in her message.

The students said that there are many of them who have applied for renewal of their visas and are unable to travel to India.

There are nearly 1,000 Indian students presently in Manila who are willing to travel back home, they said.

Meanwhile, the Indian Embassy in Manila, in a tweet, said that they, along with the Ministry of External Affairs, are trying to work out a solution.

“It is requested to all to kindly have patience,” the embassy said.

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