American Policy Regarding Foreign Workers
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by Doron Tal

A Petition:  Freedom  and  justice  for  all
Could you deny that foreign workers
are like slaves?  They gotta dance with
the employer that brought them in. . .
   
"Do not condemn the judgment of another
because it differs from your own.
You may both be wrong."   - Dandemis
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Hiring a foreigner is a little different from hiring an American worker.   Every alien worker has to go through a process called labor certification.   This is reasonable.   However, we show herein that the actual policies of the United States disregard the immigration law, not to say the Constitution.
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    Immigration laws require labor certification to demonstrate to the government that a foreigner is not taking a job away from a U.S. worker, and that the skill and technical expertise of any alien worker is not already available from the domestic work force.   The U.S. Secretary of Labor has to certify that hiring an alien worker will not adversely affect the wages and working conditions of U.S. workers similarly employed.

    However, the United States has always developed new guest worker programs that were abused by most of the employers.   Governmental controls over the admission of temporary foreign professionals having H-1B status have been misused.   Such workers were permitted to remain in the US (for up to six years), regardless of the economic situation in the country.  During the worst recession in 50 years, foreigners continued to arrive and the fiscal crises led to calls for reducing welfare benefits, generally and especially for legal and illegal immigrants.

    Former Labor Secretary Prof. Robert Reich testified in 1995:
"Of the current employment-based immigrants who are subject to the Department of Labor-administered permanent labor certification process, we estimate that over 90 percent are already in the US and about two-thirds are already working sometimes illegally for the employer which files the petition on his behalf." . . . "It should be against the law for any employer to lay off a U.S. worker to make room for a temporary foreign worker,"  said Reich during congressional hearings on immigration.  "Anything less than that will leave thousands of critical U.S. jobs at risk."

Indeed, the law (as of 1952) strictly prohibits employment of any alien without the written consent on behalf of the US Secretary of Labor.  However, "the program we have today has been turned into a sham by some employers," . . . " Too many employers are using the program as a back door to avoid their responsibility to train U.S. workers for these important high tech jobs."

    The United States government was increasingly taking a different view of the H-1B visa program.   The administration was practically supporting the greedy companies to abuse the slots to hire foreign workers at lower wages, thus allowing them to dump U.S. workers.   Objecting this evil the Inspector General of the Department of Labor (who was independent of Clinton administration policy makers) issued a report on May 22, 1996.  He concluded that the H-1B program was being  "manipulated beyond its intent"  to fill entry level jobs and positions requiring merely a bachelor's degree with foreign workers possessing nothing more than ordinary skills.

    On December 1, 1995, the Department of Justice's Inspector General issued a report that criticized INS for negotiating low fines and easy settlements with employers discovered to have hired illegal aliens.  About 10,000 US employers faced fines of about $70 million between FY90 and FY94; these fines were settled for $29 million, or less than half the initial levy.   Most of the fines were for paperwork violations, but not for hiring illegal alien workers.  WHY?   Likely a nation of immigrants, the United States offers relatively few integration services to most immigrants not to say to non-immigrant authorized workers.

    In general, Immigration and Naturalization Service (INS) tends to treat the situations of concurrent and sequential employment as extensions.   For example, in completing the form for a change of employer, the petitioner must ask that INS "extend or amend the status of [the beneficiary] since they now hold this status." Additionally, INS requires that in either situation the petitioner must pay the filing fee normally required of an extension, not a new petition.

    While the State Department has deferred to INS handling of counting for purposes of the statutory limit, their interpretation - of the H-1B provisions in general - also demonstrates that sequential or concurrent petitions should not count against the cap.  The State Department does not require a beneficiary of a concurrent or sequential petition to obtain a second H-1B visa when entering (or reentering) the country, acknowledging the fact that it is the alien who is accorded status and that the alien counts only once for purposes of the cap.   Inevitably a breakdown has occurred, and in March 1998 "crisis" emerged concerning employment of temporary workers.

FACTS                                

    Apparently, immigration laws are quite discriminatory in their nature.   For example see the IRCA as of 1986 and, in particular, section, 1324b of Title 8, which appeared to be useless and abused by "anointed" administrative judges.  These are inspired by the "panders" i.e. the Immigration Naturalization Service, although they pretend to be separated from this corrupted organization (soon I am going to add a wav file with audio recordings proving my allegation).

    The United States offers easy acceptance of aliens, but primarily denies them social services.  Germany (for example) has reacted by preserving rights and services for those inside their country, but has been firmly increasing access restriction.  Although the United States discourages dual citizenship, in reality it is silent and does nothing to prevent its citizens from holding dual citizenship.

    In conclusion, the actual policies of the U.S. Government recklessly disregard the U.S. Constitution and Federal Statutes.

Sincerely,

      Mail MeDoron  stop_abuse@yahoo.com,   stop_abuse@yahoo.com
      abused "white-collar alien slave" in the United States

      Doron Tal Israeli flag
      69a St. Karmiel
      Israel 21862

p.s.   I do not justify my country, Israel abuses foreign workers

 

References for further reading

Monthly Reports
  • Jan 96  Hypocrisy
  • Sep 97  Abolish the INS
  • Jan 98  Total breakdown imminent
  • Feb 98  The INS is still a giant devil
  • Mar 98  The emerging Crisis
  • Apr 98  The INS Scam
  • May 98  The H-1B Crisis
  • June 98 Crisis is FAKE
  • July 98  Set Back Campaign
  • Aug 98  Was there a deal?
  • Sep 98  No Deal!
  • Oct 98  Lifting the H-1B cap
  • Dec 98  Gross Abuse
  • Jan 99  Isn't it slavery?
  • May 99  INS Deports US Citizen
  • June 99  NY police on trial
  • July 99  abuse is not news
  • Aug 99  Proposition 187
  • Oct 99  Abuse of H-1B Workers
  • Dec 99  A Review
  • Jan 00  21st century orverture
  • Feb 00  The visa vendors
  • Apr 00  Elian Gonzales
  •  
    Don't  skip  these  pages
  • How do Americans abuse foreigners?
  • Why do Americans abuse foreigners?
  • Apartheid American style

  • References  for further reading
  • Public Opinions

  • My experience in the United States
  • Seeking representation in NJ at U.S. D.C.
  • Read my 1995 article published in Civil-Rights
  • See related articles in PUBPOL  
  • Who is Hank Roth?
    Who is Hank Roth?

    o Dr. Tavel's Immigration Page             Abolish the INS
    o Read my 1995 article published in Civil-Rights List
    o See related articles in PUBPOL   
    Humphrey instit.

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    Copyleft1997-2001 Doron A. Tal - anyhow my rights were lost...         ... דורון א. טל - זכויותי ממילא אבודות