Trump signs ‘buy American, hire American' order to end H-1B ‘misuse'

April 19, 2017

Washington, Apr 19: US President Donald Trump issued an executive order on Tuesday curtailing the purported misuse of guest workers visa in a showy, populist, on-the-road gesture ostensibly aimed at protecting American jobs, a move that is expected to moderately affect the Indian infotech industry.

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The order effectively raises the bar for foreign guest workers used by US and Indian companies to do work that American workers were thought to be unwilling or unable to do. Trump and his protectionist supporters say this is not true, and the original goal of the guest worker programme of bringing in highly-qualified foreign workers to do high-end jobs has been subverted by companies bringing in entry-level workers to replace US workers and depress wages.

In his first trip to the blue-collar country that voted for him in droves because of his pledge to protect US jobs, Trump went to a tool factory at Kenosha, Wisconsin, in the Chicago-Milwaukee industrial corridor (and Speaker Paul Ryan's district), to show he intends to live up to his promise to staunch the loss of jobs. There he signed what was called a double-barrelled "Buy American, Hire American" executive order that will tighten guest worker visas such as H-1B, and require American agencies to buy more goods and services from US companies and workers.

The executive order does not impose the moratorium on guest worker visas that Trump had called for during his presidential campaign, much less terminate or curtail the 85,000 H-1B visas every year of which Indians snag more than half. Instead, through a series of administrative recommendations, directives, and changes, including calling for an overhaul of the lottery system used to determine the metrics on which H-1B visas are sponsored, Trump hopes to eliminate what critics of the programme allege is a systematic abuse of the visa regime, particularly by Indian body-shopping companies.

Indeed, the order comes too late to affect this year's 65,000 20,000 H-1B visa quota, petitioning for which opened on April 3, resulting in a lottery that is already underway. The executive order is also not expected to affect other guest worker programmes, such as the H-2B seasonal worker visa used by US farms and agriculturists and Trump's own resorts. There is no word yet about the H-4 visa that allowed spouses of H-1B professionals to work in the US under certain conditions.

But the executive order takes aim at winnowing out poorly-qualified, less-skilled workers — many of them seeking immigration opportunities — of the kind India's mediocre engineering colleges churn out by the thousands, and who are brought into the US via dodgy immigrant-run colleges in America and body-shoppers who procure guest worker visas for them for entry level jobs.

US officials who briefed journalists on the background of the US president's executive order said 80 per cent of petitioners who enter the US under the current visa programme are paid less than the median wage for workers in their fields, suggesting that they not only displaced American workers but also undercut wages. They also maintained that the US graduates about twice as many STEM students each year as find jobs in STEM fields.

But Indian IT majors have contested many of these numbers and assumptions, while acknowledging that there may be a few dodgy body-shopping outfits that may have sullied the market, pointing out that more than 50 per cent of graduating STEM students in the US are from the immigrant/foreign-born pools, and populist measures cannot hide the genuine shortage of skilled workers for long. India's IT majors also challenge the allegations that H-1B workers are underpaid, saying US law forbids this.

"By law, we are an equal employment, equal opportunities employer. Even when we have expats coming into the country, their average salary is benchmarked to be higher than the 50th quartile, so, on an average, they get more than the average of the population. So the assumption that they are actually underpaid is factually incorrect, because they cannot be," TCS CEO Rajesh Gopinathan told PTI.

While some experts believe Trump's executive order could potentially allow more high-skilled foreign engineers to work in the US — although they will have to jump through the hoops to prove their skill levels given more rigorous certification requirements — others are warning that the upshot of the executive order will accelerate outsourcing.

"If you are not going to allow people to come in to do the jobs, then the jobs will go out where they can be done," another Indian industry executive who asked not be named said, while maintaining that the effect on the Indian IT industry will not be substantial.

TCS, Wipro, Infosys among Indian majors have embarked on major STEM education programmes in the US, working with colleges and high schools while employing more and more US citizens, to overcome the stigma arising from charges of displacing American workers.

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News Network
February 18,2020

Beijing, Feb 18: Police in China have arrested a prominent activist who had been a fugitive for weeks and criticised President Xi Jinping's handling of the coronavirus epidemic while in hiding, a rights group said Tuesday.

Anti-corruption activist Xu Zhiyong was arrested on Saturday after being on the run since December, according to Amnesty International.

China's ruling Communist Party has severely curtailed civil liberties since Xi took power in 2012, rounding up rights lawyers, labour activists and even Marxist students.

The death this month of a whistleblowing doctor who was reprimanded by police for raising the alarm about the deadly new virus before dying of it himself triggered rare calls for political reform and freedom of speech.

The "Chinese government's battle against the coronavirus has in no way diverted it from its ongoing general campaign to crush all dissenting voices," said Patrick Poon, China researcher at Amnesty International, in an emailed statement.

Another source, who spoke to news agency on the condition of anonymity, said Xu had been arrested in the southern city of Guangzhou.

Guangzhou police did not respond to requests for comment.

Xu went into hiding after authorities broke up a December gathering of intellectuals discussing political reform in the eastern coastal city of Xiamen in Fujian province, prior to the coronavirus crisis.

Over a dozen lawyers and activists were detained or disappeared after the Xiamen gathering, according to rights groups -- and Xu's detention appears linked to his presence at the meeting, explained Poon.

But while on the run, Xu continued to post information on Twitter about rights issues.

On February 4 Xu released an article calling on Xi to step down and criticised his leadership across a range of issues including the US-China trade war, Hong Kong's pro-democracy protests and the coronavirus epidemic, which has now killed nearly 1,900 people.

"Medical supplies are tight, hospitals are filled with patients, and a large number of infected people have no way to be diagnosed," he wrote. "It's a mess."

"The coronavirus outbreak shows just how important values like freedom of expression and transparency are -- the exact values that Xu has long advocated," Yaqiu Wang, China researcher at Human Rights Watch, told news agency.

But the disappearance of Xu illustrates how the Chinese state "persists in its old ways" by "silencing its critics", she said.

Xu -- who founded a movement calling for greater transparency among high-ranking officials -- previously served a four-year prison sentence from 2013 to 2017 for organising an "illegal gathering".

"That he was a fugitive for so many days while continuing to speak out, that in itself was... a kind of challenge to (Chinese authorities)," said Hua Ze, a long-time friend of Xu who told AFP she lost contact with the Chinese activist on Saturday morning.

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Agencies
February 29,2020

Islamabad, Feb 29: A coalition comprising digital media giants Facebook, Google and Twitter (among others) have spoken out against the new regulations approved by the Pakistani government for social media, threatening to suspend services in the country if the rules were not revised, it was reported.

In a letter to Prime Minster Imran Khan earlier this month, the Asia Internet Coalition (AIC) called on his government to revise the new sets of rules and regulations for social media, The News International reported on Friday.

"The rules as currently written would make it extremely difficult for AIC Members to make their services available to Pakistani users and businesses," reads the letter, referring to the Citizens Protection Rules (Against Online Harm).

The new set of regulations makes it compulsory for social media companies to open offices in Islamabad, build data servers to store information and take down content upon identification by authorities.

Failure to comply with the authorities in Pakistan will result in heavy fines and possible termination of services.

It said that the regulations were causing "international companies to re-evaluate their view of the regulatory environment in Pakistan, and their willingness to operate in the country".

Referring to the rules as "vague and arbitrary in nature", the AIC said that it was forcing them to go against established norms of user privacy and freedom of expression.

"We are not against regulation of social media, and we acknowledge that Pakistan already has an extensive legislative framework governing online content. However, these Rules fail to address crucial issues such as internationally recognized rights to individual expression and privacy," The News International quoted the letter as saying.

According to the law, authorities will be able to take action against Pakistanis found guilty of targeting state institutions at home and abroad on social media.

The law will also help the law enforcement authorities obtain access to data of accounts found involved in suspicious activities.

It would be the said authority's prerogative to identify objectionable content to the social media platforms to be taken down.

In case of failure to comply within 15 days, it would have the power to suspend their services or impose a fine worth up to 500 million Pakistani rupees ($3 million).

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Agencies
January 20,2020

For the first time in the 15 years of the Global Risks Report, the climate change and environment risk has occupied all the top five slots.

According to the 15th edition of the World Economic Forum's (WEF) Global Risks Report, the top five risks in terms of likelihood are extreme weather, climate action failure, natural disasters, biodiversity loss and human-made environmental disasters. They all fall in the one category of climate change and related environmental disasters.

WEF President Borge Brende said the world was feeling long-mounting and interconnected risks.

The report also points to how citizens are protesting across the world as discontent rises with failed systems that are creating inequality. The citizens' discontent had hardened with systems that had failed to promote advancement, it said.

"Disapproval of how governments are addressing profound economic and social issues has sparked protests throughout the world, potentially weakening the ability of governments to take decisive action should a downturn occur. Without economic and social stability, countries could lack the financial resources, fiscal margin, political capital or social support needed to confront key global risks," it said.

Listing the grim scenario, Borge said the global economy was faced with "synchronised slowdown", the past five years had been the warmest on record and cyber attacks were expected to increase this year.

The report warns that while the myriad risks were rising, time was running out on how to prevent them.

Borge said the growing palpability of shared economic, environmental and societal risks indicated that the horizon had shortened for preventing "or even mitigating" some of the direst consequences of global risks.

"It's sobering that in the face of this development, when the challenges before us demand immediate collective action, fractures within the global community appear to only be widening," he said.

The report points to grave concern about the consequences of continued environmental degradation, including the record pace of species decline.

Pointing to an unsettled geopolitical environment, the report said today's risk landscape was one in which new centres of power and influence were forming and old alliance structures and global institutions were being tested.

"While these changes can create openings for new partnership structures in the immediate term, they are putting stress on systems of coordination and challenging norms around shared responsibility. Unless stakeholders adapt multilateral mechanisms for this turbulent period, the risks that were once on the horizon will continue to arrive," it said.

Calling it a "an unsettled world", the WEF report notes that powerful economic, demographic and technological forces were shaping a new balance of power. "The result is an unsettled geopolitical landscape in which states are increasingly viewing opportunities and challenges through unilateral lenses," it said.

"What were once givens regarding alliance structures and multilateral systems no longer hold as states question the value of long-standing frameworks, adopt more nationalist postures in pursuit of individual agendas and weigh the potential geopolitical consequences of economic decoupling. Beyond the risk of conflict, if stakeholders concentrate on immediate geo-strategic advantage and fail to re-imagine or adapt mechanisms for coordination during this unsettled period, opportunities for action on key priorities may slip away," the WEF said.

In a chapter on risks to economic stability and social cohesion, it said a challenging economic climate might persist this year and members of the multi-stakeholder community saw "economic confrontations" and "domestic political polarisation" as the top risks in 2020.

The report also warned of downward pressure on the global economy from macroeconomic fragilities and financial inequality. These pressures continued to intensify in 2019, increasing the risk of economic stagnation.

Low trade barriers, fiscal prudence and strong global investment, once seen as fundamentals for economic growth, are fraying as leaders advance nationalist policies. The margins for monetary and fiscal stimuli are also narrower than before the 2008-2009 financial crisis, creating uncertainty about how well countercyclical policies will work.

The strategic partners for the WEF report included Marsh & McLennan and Zurich Insurance Group. The academic advisers were National University of Singapore, Oxford Martin School, University of Oxford and Wharton Risk Management and Decision Processes Center, University of Pennsylvania.

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