The number of foreign workers has grown since the Biden administration abandoned Trump-era policies that put American workers first
Washington DC. - Today, America First Legal (AFL) launched a Freedom of Information Act (FOIA) request to several departments and agencies of the federal government — the Department of Labor, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration The U.S. Department of State and the Department of Justice have launched a new critical investigation into Microsoft's records of hiring foreign workers in place of U.S. workers.
Recent reports indicate that high-profile companies such as Google, Meta, Amazon, and Microsoft are hiring foreign workers while laying off American workers. For example, Microsoft appears to have hired lobbyists to increase the number of H-1B visas to attract more foreign workers to work in the country, according to the New York Post.In theory, our immigration laws should protect American workers from unfair competition from foreign H-1B visa holders. In practice, however, employers often abuse the H-1B visa program to cut costs by hiring cheaper foreign workers. For example, one study found that nearly 80 percent of all approved H-1B jobs were below market rate. And employers don't have to pay payroll taxes for H-1B holders from dozens of countries because the U.S. has special agreements with the aliens' home countries. In October 2021, the Departments of Justice and Labor wrap up a long-running Trump administration investigation into Facebook (now part of Meta) over the use of foreign workers instead of U.S. workers, resulting in Facebook having to pay millions of dollars civil finesThe U.S. job market is rife with abuse of H-1B visas as the Biden administration rolled back many of the key Trump-era H-1B reforms that protected American workers. For example, the Trump administration has eliminated the previous practice of awarding H-1B jobs through a lottery and instead introduced a salary-level allocation system. This crucial reform makes it nearly impossible for companies to hire low-wage foreign workers to replace American employees. The Biden administration delayed implementation of this necessary rule and then repealed it entirely. The Trump administration has also tightened some definitions and program requirements to discourage H-1B abuse. On his first day in office, President Biden reversed significant elements of this reform and later canceled it entirely. Now, Microsoft and other smart companies are taking advantage of these destructive rollbacksThe government and the private sector continue to urge Americans to open their borders — a response that is long overdue. The America First Act seeks to limit government involvement in the manufacture of American goods.
Statement from James Rogers, Senior Counsel at First America's Counsel:
"It is abominable for a company to lay off its employees and then hire foreigners to replace them, all to save a few dollars." The letter and spirit of the law prohibits this practice. American companies that commit these crimes should be held accountable. Now is the time to start enforcing the law and respecting the rights of American workers. said James Rogers.
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