Calling All H-1B Visa Recipients: Donald Trump Signs ExecutiveOrder, "Buy American, Hire American"

Trump’s executive order will introduce reforms to ensure H-1B visas are awarded to the ‘most skilled or highest paid applicants’. Photograph: UPI / Barcroft Images

Great News!

President Trump signed his much touted "Buy American, Hire American" Executive Order this week. Some laud this as a move in the right direction, others see this as a negative reach into the cloudy waters of Free Trade and Free Market exchange.

Personally, I couldn't be more thrilled. Working for many years in industry and academia where I witnessed abuse after abuse of not only tax, but employment laws, it is high time we see the beginning of the crack down on loopholes.

As Numbers USA put it so clear-- one can hardly refute that there is a downside to much of what this E.O. is reaching to attain-- putting US Citizens and US Products first! Just read a bit for yourself:

"...government departments to review how H-1B visas are awarded and suggest changes so that only the highly-skilled and higher paid applicants receive the temporary work visa. This order is the first step towards moving the program from a random lottery approach to a merit-based system.

H-1B visas are temporary visas that can last for three years and then renewed for another three. H-1B visas are given to 65,000 foreign workers and 20,000 graduate student workers each year. In addition, an uncapped amount are available for foreign workers in academia and other non-profit fields.

Current policy awards H-1B visas through a lottery system with many of the visas being awarded to outsourcing firms or to companies who used the foreign workers as cheap labor to replace American workers. In some cases, such as at Disney, the American workers were forced to train their foreign replacements.' -- Numbers USA

Unfortunately, what this does not solve is what it originally aims to do, curtail employment where the abuses are at. When I worked in academia I heard and saw many breaches in the system. The loophole is not just for the highly skilled worker to be brought in, rather these persons are brought in under H-1B and have the explicit plan to transition to Permanent Resident status after the second H-1B Extension is attained. It is always, at least within national ranks of Academia, understood that after near six (6) years that there is a high likelihood that the temporary highly skilled position could be considered more than just temporary and that person is needed long term. After six (6) years, absolutely this is no longer a temporary job.

Many may not see this as an issue, but if certain sectors are not careful during the hiring process initially, there may never be a US Citizen worker skilled enough for that particular position. This is how it works.

Roy Beck goes on to suggest that this is a good first start, saying: “This is a first step toward reforms that could be great news for tens of thousands of American workers who have been kept out of their field of expertise through the misuse of H-1B visas. We hope to see new rules establishing transparency, salary floors and other criteria to ensure these visas are used for only truly high skill positions in which there is a true shortage of American workers.”

As I see it, from working in and around the fields that use the H-1B Visa, it really isn't dealing with the core competency issue of Affirmative Action and Hiring Practices to protect recruitment of the US Citizen worker. It also does not put any bar on those hired within the temporary highly skilled worker job title from securing that position on a permanent basis and then transitioning to citizenship.

My hope is that the good first start is just that, A START. Long term, we need to not only train our own, we need to ensure hiring laws are being followed, loopholes are closed, and the benefits driving employers to abuse grey areas are shut down. Further, care should be given to find out what is driving the abuse of visa hiring in the first place and encourage and entice employers to hire local, and US Citizen workers from the get-go.

It would be my recommendation to the Trump Administration to look into placing a mandatory return to home country policy, similar to that of the J-1 Visa. Except, unlike the J-1 Visa which has a two (2) year home presence requirement, my recommendation would be that no exceptions granted to the H-1B Visa recipient worker after the six (6) year duration is complete. The reason being is that the H-1B recipient already received a three (3) year extension on the temporary highly skilled worker visa. Send them home. If needed, have them train a qualified worker or bring in another temporary worker until a proper permanent employee can be recruited.

The eyebrows raise when one thinks about why the employer isn't going about a proper permanent recruitment for such a highly skilled worker. Of course, every situation is different and in each case scrutiny is high on the end of Immigration and Customs Enforcement. However, with so much fraud and abuse there must be financial savings involved or benefit to the employer or they would not be skating in the grey so much.

Continue on patriots. If you hear something, say something. Be sure your company, your employer, the companies you buy from are "Buying American, Hiring American." Putting US Citizens first is where WE keep winning. Our kids, our families, our communities come first. Doing so ensures a strong nation for all living within our borders. It took a long time to get where we are today. Once our nation has stabilized we can venture out, but for now lets pull up the boot straps and tighten that belt, Making America Great Again!

Read more on this story at The Guardian.