Posted on 10/31/2015 4:49:41 AM PDT by Cringing Negativism Network
There are laws on the books that are not being enforced. It is illegal to replace a US worker with a H1-B visa worker. The law states that an H1-B visa worker can only be hired if no US workers can be found to do the job. Clearly there are US workers that can to these Disney jobs.
The law says H-1B is only supposed to be used if American workers are not available. When H-1Bs are being used to replace existing American workers, that is clearly not the case.
"40% of the Fortune 500 companies were founded by immigrants or their children. Today those companies employ more than 10 million people and generate revenues of $4.2 trillion. Immigrant entrepreneurs start 17% of all the new businesses. 25% of engineering companies founded in the last decade were founded by immigrants. Economists have found that or every 100 H1B visas issued, 183 jobs are created for American citizens."It's not a simple, black and white issue.
He could indeed enforce the law:
By signing the LCA, the employer attests that:[48]
The employer pays H-1B non-immigrants the same wage level paid to all other individuals with similar experience and qualifications for that specific employment, or the prevailing wage for the occupation in the area of employment, whichever is higher.
The employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.
On the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, the employer must notify ETA within three days, and the application is not used to support petition filings with INS for H-1B non-immigrants to work in the same occupation at the place of employment until ETA determines the strike or lockout is over.
A copy of this application has been, or will be, provided to each H-1B non-immigrant employed pursuant to this application, and, as of the application date, notice of this application has been provided to workers employed in the occupation in which H-1B non-immigrants will be employed:
Notice of this filing has been provided to bargaining representative of workers in the occupation in which H-1B non-immigrants will be employed; or
There is no such bargaining representative; therefore, a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B non-immigrants will be employed.
The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.
The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a U.S. worker.
Limits on employment
According to the USCIS, “H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee.”[49]
[A synopsis from Wiki]
At one time I thought employers had to certify there were no trained American workers available in order to hire H1B’s. Could have been relaxed...or simply ignored.
So when a Disney has their present employees train their replacements, they may be breaking the law...if thats still part of the law. Obviously, there ARE trained Americans to do the job.....
Ted Cruz is clueless....Americans DESPISE AND HATE H1B Visas.....
Even Big Labor is alarmed and is cozying up to Donald.
Not only did Cruz come out for a massive expansion of H1B's that puts
struggling Americans out of work but Cruz voted to fast-track TPP for Obama.
No 'conservative' in their right mind would ever vote for a trade deal which puts Americans out of work. Obama calls TPP his key presidential legacy and a component of his economic success.
Downright scary to hear Cruz talking "conservative"---and being pumped as a "conservative"......Give this guy a little power and the vindictive "us against them" latino DNA in him lets loose.
I’m with you, but do you think the American people even know what an H1B visa is?
The President sets the moral tone of the country. He cannot be ignored and always has the podium. The "bully pulpit" is one of the more significant powers of the presidency. Reagan understood this, as did many other presidents. It's clear Trump understands this as well and it's also clear he'll use it very effectively to advance his agenda.
I am leaving for Norfolk, Virginia - the great battleship U.S.S. Wisconsin - for a big rally and really big crowd. See you soon!
Not sure how that applies to anything. 25% founded by immigrants...ok.
So for every 1 H1B 1.83 American jobs are created.
Not being familiar with your source, do those same economists have a stat for how many American jobs were LOST?
Americans have a right to insist on the preservation of their culture and the culture of Western Civilization regardless of the lure of economic determinism.
The source is sited in my link above. It is a BS claim.
I like Trump. He’s my 2nd choice behind Cruz.
I don’t agree with Cruz’ position on H1B, and a few other issues. No candidate is going to agree with everything I believe in, and if they did, I’d suspect them of pandering to me.
Now. Trump isn’t advocating eliminating H1Bs here. That would be one thing. Instead, he’s advocating using the full force and power of the federal government to make a company hire back workers they determined weren’t doing their jobs adequately.
Disney’s My Magic Plus IT development is hundreds of millions over budget, years behind schedule, doesn’t function at all in key areas (coordination of marketplaces - this is the part where Disney plans to use traffic and purchasing patterns to suggest future purchases), and is glitchy in other areas (requiring significant service recovery and creating brand damage for hundreds of customers each day.)
HB1s aside, Disney has every right to replace its workers for cause.
If Trump wants to rail against HB1s, that’s fine. That’s not what he did here.
Here, he says that he will use the power of government to force a company to adopt his view of their current employer habits; he will prevent them from being allowed to terminate employees.
Any candidate that wants to use the power of government in such a way should make the people on this website cringe rather than cheer.
Look at my posting history, I do not typically speak ill of Trump and I’ve complemented his campaign many times.
I don’t agree with Trump here. That’s fine, I don’t always agree with Cruz either.
I’m just surprised to see the support for the heavy hand of government to enforce its wishes on the private sector - here.
Instead, it's used to bring in *less* qualified foreign workers, who will work for a pittance (and can be fired, at any time, and for any reason, with no compensation), in order to *displace* qualified Americans.
I have seen, with my own eyes, a company which posted job requirements which were impossible to fill (e.g., 5 years experience with technologies that had been available on the market for less than 4 years), and then hired H1-Bs from India -- who came nowhere near meeting the posted qualifications! -- because the real agenda was to hire cheap foreign workers.
The US certainly has the authority and right to disapprove H1-B visas, especially if the company cannot prove it did everything in its power to hire an American Citizen. They should also be able to prove they are paying the prevailing wages for that help instead of trying to replace whole workforce with cheaper foreign labor.
If Donald Trump, the President of the USA, stands in front of the TV cameras, and calls out specific laws that need changes, and specific companies that are screwing American workers, and you think that will have no effect on either the congress critters or the companies, just go play golf, sleep, get stoned or what ever else you do.
The President of the USA is the most powerful man on earth, even if it is a weak, mooselimb, halfrican, communist prick.
Further, I’d also like to see that H1-B visa holders are not granted any waivers, privileges or preference over others in the immigration lottery/quota system. Physical presence here shouldn’t be an advantage, IMO.
No. Most Americans haven’t a clue about h1Bs or any other part of Immigration Law (Legal & illegal). Santorum the best. Trump can do better, Cruz has some explaining to do.
That is a very easy thing to argue against, and I am surprised you don’t see it yourself.
Any such job an H1-B visa holder gets creates that effect, on average. That same effect would be created by a US citizen brought into the same position.
How can you not understand this? The US is graduating a TON more TEM grade that could perform the same function and get the same benefit!
Where’s your head on this? It’s not like H1-B visa holders taking US jobs are wizards and warlocks, making special things happen US citizens can’t also make happen.
Bravo, Donald Trump, for continuing to publicize these issues. Of course, he will be on the Chamber of Corruption hit list.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.