President Donald Trump’s deputies announced Friday that they had begun the process of importing 85,000 H-1B gig workers to take white-collar jobs that will be needed after October by the millions of American graduates who are now losing jobs in the coronavirus crash.
“This is just an unspeakable action,” said Marie Larson, a co-founder of the American Workers Coalition, which opposes the many visa worker programs that have transferred at least one million white-collar jobs to foreign workers. “I don’t believe President Trump ordered this — the swamp went ahead with this,” she said.
“If the H-1B program is just for filling jobs that Americans cannot fill amid for labor shortages, then this would not be happening,” said John Miano, a lawyer with the Immigration Law Reform Institute. “But it is not a labor-shortage program — it is a cheap labor program to displace Americans,” he said.
The 2020 lottery “is in your face that that is the purpose of the program.”
The agency announced Friday that it had received enough corporate requests to snatch up all of the 2020 supply of H-1B visas.
This annual supply includes 20,000 visas for foreigners who pay for graduate degrees at American colleges, plus 65,000 visas for graduates who are directly imported from India, China, and other countries. Non-profits — such as hospitals and universities — are allowed to also import an unlimited number of “cap-exempt” H-1Bs for white-collar jobs.
Roughly 100,000 new H-1B workers arrive each year. But they are allowed to stay for many years, so companies have gradually built up a resident workforce of roughly 900,000 H-1B workers, alongside several hundred thousand additional white-collar workers carrying L-1, OPT, CPT, E-3, B-1, TN, H4EAD documents.
The annual application and lottery process are managed by DHS’s U.S. Citizenship and Immigration Services [USCIS] agency, which announced Friday afternoon:
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). We randomly selected from among the registrations properly submitted. We intend to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
The work visas will not be sent to the lottery winners for several weeks after the companies submit petition packages with justifications for each visa. The deadline for submitting the petitions is June 30.
Those justifications include a so-called “Labor Condition Application” document approved by the Department of Labor. The LCAs describe the intended job for each H-1B worker. Business advocates use the LCA process to claim that imported workers do not displace Americans.
But the LCA process does not require the companies to show that Americans cannot be hired for the job. Also, the LCA documents are rubber-stamped by the department. A department spokesman told Breitbart News:
Under current law, “[t]he Secretary of Labor shall review such an [LCA] application only for completeness and obvious inaccuracies” and, unless the application is incomplete or obviously inaccurate, the Department must certify the LCA within seven days of receiving the employer’s application. [Emphasis added.]