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 6,2020

Beijing, Feb 6: The number of confirmed fatalities from China's coronavirus outbreak rose to at least 560, after authorities in hardest-hit Hubei province reported 70 new deaths on February 6.

In its daily update, the health commission in Hubei also confirmed the number of confirmed infections in the outbreak has reached 28,018 nationwide with 3,694 new cases reported.

The epidemic, which has spiralled into a global health emergency, is believed to have emerged in December from a market that sold wild game in Hubei's capital Wuhan.

Hu Lishan, an official in Wuhan, warned Wednesday that despite building a hospital from scratch and converting public buildings to accommodate thousands of extra patients, there was still a "severe" lack of beds in the region.

There was also a shortage of "equipment and materials," he told reporters, adding that officials were looking to convert other hotels and schools in the city into treatment centres.

Authorities in several other cities in China have placed restrictions on the number of people allowed to leave their homes.

Global concerns have also risen about the virus, with cases confirmed in more than 20 countries.

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Agencies
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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Agencies
May 4,2020

Washington, May 4: Anxious for an economic recovery, President Donald Trump fielded Americans' questions about decisions by some states to allow nonessential businesses to reopen while other states are on virtual lockdown due to the coronavirus.

After more than a month of being cooped up at the White House, Trump returned from a weekend at the Camp David presidential retreat in Maryland and participated in a “virtual” town hall, hosted Sunday night by Fox News Channel, from inside the Lincoln Memorial.

He pushed for an economic reopening, one his advisers believe will be essential for his reelection chances this November.

“We have to get it back open safely but as quickly as possible," Trump said.

The president acknowledged fear on both sides of the issue, some Americans worried about getting sick while others are concerned about losing jobs.

Though the administration's handling of the pandemic, particularly its ability to conduct widespread testing, has come under fierce scrutiny, the president defended the response and said the nation was ready to begin reopening.

“I'll tell you one thing. We did the right thing and I really believe we saved a million and a half lives,” the president said.

But he also broke with the assessment of his senior adviser and son-in-law, Jared Kushner, saying it was “too soon to say" if the federal government was overseeing a “success story."

Trump's impatience also flashed. While noting that states would go at their own pace in returning to normal, with ones harder hit by the coronavirus going slower, he said that “some states frankly I think aren't going fast enough" and singled out Virginia, which has a Democratic governor and legislature.

And he urged the nation's schools and universities to return to classes this fall.

But many public health experts believe that cannot be done safely until a vaccine is developed.

Trump declared Sunday that he believed one could be available by year's end although his own pandemic task force has predicated it could be another 18 months.

Federal guidelines that encouraged people to stay at home and practice social distancing expired late last week.

Debate continued over moves by governors to start reopening state economies that tanked after shopping malls, salons and other nonessential businesses were ordered closed in attempt to slow a virus that has killed more than 66,000 Americans, according to a tally of reported deaths by Johns Hopkins University.

The U.S. economy has suffered, shrinking at a 4.8 per cent annual rate from January through March, the government estimated last week. It was the sharpest quarterly drop since the 2008 financial crisis.

Roughly 30.3 million people have filed for unemployment aid in the six weeks since the outbreak forced employers to shut down and slash their workforces. It was the worst string of layoffs on record.

Larry Kudlow, Trump's top economic adviser, on Sunday predicted a “spectacular 2021” — with “the right set of policies” — on top of a rebound from July through December of this year.

He said on CNN's "State of the Union" that the administration would "pause” to review the effectiveness of trillions in economic relief spending before making any decision on whether additional aid is needed.

House Speaker Nancy Pelosi, D-Calif., said Thursday that state and local governments are seeking up to USD 1 trillion for coronavirus costs, The Senate planned to reopen Monday, despite the Washington area's continued status as a virus hot spot and with the region still under stay-at-home orders.

The House remains shuttered. The pandemic is forcing big changes at the tradition-bound Supreme Court: The justices will hear arguments, beginning Monday, by telephone for the first time since Alexander Graham Bell patented his invention in 1876.

Congressional Republicans are resisting calls by Democrats for emergency spending for states and local governments whose revenue streams all but dried up in recent weeks.

The GOP is counting on the country's reopening and the rebound promised by Trump as their best hope to forestall another big round of virus aid.

The leaders of California and Michigan are among governors under public pressure over lockdowns still in effect while states such as Florida, Georgia and Ohio are reopening.

Michigan Governor Gretchen Whitmer, a Democrat, said Sunday that the armed protesters who demonstrated inside her state's Capitol “depicted some of the worst racism” and “awful parts” of US history by showing up with Confederate flags, nooses and swastikas.

Trump had tweeted “LIBERATE” and named Michigan and other states in mid-April. In a new tweet Friday, he urged Whitmer to “make a deal” with the protesters. “These are very good people, but they are angry.

They want their lives back again, safely!” Trump said.

Despite the opposition of Michigan's Republican-controlled Legislature, Whitmer has extended a state of emergency declaration and directed most businesses statewide to remain closed.

Some people participating in other public protests across the US have not kept their distance from one another and have rallied without masks, not heeding public health recommendations.

Deborah Birx, coordinator of the White House coronavirus task force, called that behavior “devastatingly worrisome.”

She said people will feel guilty for the rest of their lives if they end up infected and unwittingly spread the virus to vulnerable family members.

“We need to protect each other at the same time we're voice our discontent,” she told CNN's “State of the Union.”

An overwhelming majority of Americans support stay-at-home orders and other efforts to slow the virus' spread, according to a recent survey from The Associated Press-NORC Center for Public Affairs Research.

Asked about states that are reopening before they meet benchmarks laid out in federal guidelines she helped write, Birx said the guidelines “are a pretty firm policy of what we think is important from a public health standpoint.”

She added that she and others have made it clear that people must continue practising social distancing, “scrupulous” hand washing and other measures to protect themselves and others.

Fox News Channel said it asked viewers to submit questions about reopening the country on the network's Twitter, Facebook and Instagram accounts for a chance to appear on the rare broadcast from the Lincoln Memorial. Trump spoke from the memorial's steps last July Fourth.

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