Yes, but he is supposed to enforce the law.
And laws against using H-1B to replace American workers have NEVER been properly enforced. You should be applauding Trump being willing to do such, unlike Obama who created an entirely new program, OPT, that allows foreign students to stay on and work to where employers don't even have to pay Social Security and Medicare taxes. THAT is not just making law, it is making UP laws.
I have concerns with Trump. But until candidates such as Cruz, who supports increasing H-1B visas, come around on that issue, Trump is my front-runner. I would much rather support Cruz. But this is my job at stake here.
What does the law say, and what parts of it are not being enforced?
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.....