So T. Rowe Price wants to sue the Government so that they can deny your child a future?

Just think.

They want your investment dollars.

Yet at the same time they deny your child the ability to build their own future simply because they would rather hire a non-immigrant guest worker on a H-1B instead of your child.

Happy Thursday everyone, and welcome to Labor of Law. Lawyers for gig companies are grappling with a stream of regulatory developments. Plus: Deloitte’s expanded its U.S. legal ambitions in an alliance with Epstein Becker. Janet Dhillon’s issued her first public statement as EEOC chairwoman. And T. Rowe Price is suing over an H-1B denial. Scroll down for Who Got the Work, and more. I’m Mike Scarcella in Washington and you can reach me at mscarcella@alm.com and on Twitter @MikeScarcella. Thanks for reading!

https://www.law.com/2019/05/16/labor-of-law-roller-coaster-two-weeks-for-gig-companies-thats-chairwoman-dhillon-now-h-1b-litigation-deloitte-expands-us-legal-ambitions/?slreturn=20190416132354

Don’t believe there use of the H-1B is denying your child the opportunity to be all that they can be?

This chart shows who is getting the jobs when we compare Native Born Americans and Foreign Born Workers.

Click to zoom in
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Sometimes the Department of Justice is the worst enemy American citizens could have.

A long time ago, I would have NEVER said that.

But so many American citizens can’t get hired in America while foreign born citizens do get hired.

So when an American company tries to do the right thing and finds itself in hot water with the department of justice, I have to blame the department of justice for not protecting American citizens like they are doing for non-American guest workers.


The lawsuit alleges that from at least April 4, 2017, to at least July 7, 2017, TransPerfect Staffing limited its recruitment and hiring of attorneys for a temporary document review project to U.S. citizens only. Additionally, the lawsuit alleges that from at least May 12, 2017, to July 7, 2017, TransPerfect Staffing further restricted its recruitment and hiring for positions under the project to exclude U.S. citizens who were also citizens of another country. Although it implemented these discriminatory policies at the request of a client, TransPerfect Staffing actively participated in the discriminatory hiring process and remained the employer of the document reviewers assigned to the project, according to the lawsuit. 


https://www.justice.gov/opa/pr/justice-department-files-lawsuit-alleging-transperfect-staffing-solutions-discriminated

Meanwhile, the evidence is overwhelming that Americans are being discriminated against by companies other than this company.

Click to zoom in
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The once diverse tech workforces compromised of women, minorities, and workers of all ages has been replaced in large measure by young, male, foreign laborers, who are not “highly skilled,” nor better qualified than Americans to hold STEM jobs.

Washington is Listening – Make YOUR Voice Heard

On April 18, 2019, the U.S. Citizenship and Immigration Services held a “Listening Session” on the 2-year anniversary of President Trump’s Buy American/Hire American Executive Order (BAHA EO).

With great respect and interest, Francis Cissna, the Director of USCIS, along with Molly Conway and Keith Sonderling of the U.S. Department of Labor and Mary Thomas of the U.S. Department of Justice listened to those in attendance providing facts and perspective.

Simultaneously, the current administration, in preparation of legal immigration reform, continued to host tech industry titans and America’s most influential corporate CEOsto understand their continued push for non U.S. labor and the favoring of foreign workers over Americans.  These Goliaths are powerful and vocal.

The Buy American/Hire American Executive Order was issued on April 18, 2017.  In support of “economic and national security,” the BAHA EO hoped to encourage U.S. citizens to be hired for U.S. jobs, using the specific language of “creating jobs” at “decent wages.”

It was a great honor and privilege to travel to Washington D.C. and participate alongside American patriots who hope to change the course of America’s future for the better.  We were the representative “Davids,” but in order to win this battle, every informed American citizen must act.

Today, I ask you to be be a positive force for change.  Here are the facts and links to enable your success:

In the absence of “data must stay laws,” the U.S. economy remains vulnerable to outsourcing entire departments and industries, incurring trillions in lost GDP to the American economy. More importantly, however, is the National Security risk associated with allowing U.S. entities, government and industry, to store U.S. data outside the confines of our national physical borders.

Restricting data within the U.S. is fundamental to achieving the BAHA EO’s intent of improving U.S. economic and national security.

The White House and USCIS want to hear from YOU!  Let them know Hilarie Gamm asked you to contact them directly.

Call the White House phone number below and tell them “You want them to enforce and improve the Buy American/Hire American Executive Order.”  Or send an e-mail to the USCIS e-mail address below with your own story of how legal immigration has hurt you or someone you know,  here are some ideas:

Educate Americans First:  Reduce F1 visas, Eliminate OPT, Create Policy to Disincentive American Universities from Admitting and Educating Foreign Students before Americans.

Hire Americans:  Eliminate H4EAD, Increase DOL’s  “Prevailing Wage,” Maintain or Reduce or Eliminate H1B, Restrict U.S. Employers from “silencing” laid off workers with gag restrictions, Require All Employers to report the number of foreign workers working directly or through a 3rd party, Create Policy to Disincentive American Corporations from relocating white collar, data centric jobs to foreign countries, Create Policy to Incentivize U.S. corporations to educate, train, and retain and retrain U.S. citizens

All you need to do is spend 30 seconds to call the White House or e-mail USCIS.

Share this post with everyone you know, on every platform you can access. 

ACT NOW!!

The door is open; Washington is inviting you in.  Call or send an e-mail TODAY!

White House Phone Number: (202) 456-1111

USCIS email address:     Public.Engagement@uscis.dhs.gov

Do not put it off, do not expect someone else to do it, do not strive for perfection.

The decisions made in 1990 produced the reality of harm to our nation and our nation’s citizens as described above.  It is 2019; YOU HAVE THE POWER TO CHANGE THE FUTURE and make things better for the next 25 years and for generations to come. Please Act Now!  Is so easy, just pick up the phone and call!

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Candace Marie Claiborne traded her integrity and non-public information of the United States government in exchange for cash and other gifts from foreign agents she knew worked for the Chinese intelligence service


According to the plea documents, Claiborne, 63, began working as an Office Management Specialist for the Department of State in 1999.  She served overseas at a number of posts, including embassies and consulates in Baghdad, Iraq, Khartoum, Sudan, and Beijing and Shanghai, China.  As a condition of her employment, Claiborne maintained a TOP SECRET security clearance.  Claiborne also was required to report any contacts with persons suspected of affiliation with a foreign intelligence agency as well as any gifts she received from foreign sources over a certain amount.
Despite such a requirement, Claiborne failed to report repeated contacts with two agents of the People’s Republic of China Intelligence Service, even though these agents provided tens of thousands of dollars in gifts and benefits to Claiborne and her family over five years.  The gifts and benefits included cash wired to Claiborne’s USAA account, Chinese New Year’s gifts, international travel and vacations, tuition at a Chinese fashion school, a fully furnished apartment, a monthly stipend and numerous cash payments.  Some of these gifts and benefits were provided directly to Claiborne, while others were provided to a close family member of Claiborne’s.
In exchange for these gifts and benefits, as stated in the plea documents, Claiborne provided copies of internal documents from the State Department on topics ranging from U.S. economic strategies to visits by dignitaries between the two countries. 
Claiborne noted in her journal that she could “Generate 20k in 1 year” working with one of the PRC agents.  That same agent at one point tasked her with providing internal U.S. Government analyses on a U.S.-Sino Strategic Economic Dialogue that had just concluded.
Claiborne, who confided to a co-conspirator that the PRC agents were “spies,” willfully misled State Department background investigators and FBI investigators about her contacts with those agents, the plea documents state.  After the State Department and FBI investigators contacted her, Claiborne also instructed her co-conspirators to delete evidence connecting her to the PRC agents.  She was arrested on March 28, 2017, following a law enforcement investigation.


https://www.justice.gov/opa/pr/former-state-department-employee-pleads-guilty-conspiring-foreign-agents
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Trust me, we get your pain because we experience it daily


Muhammad Abdullah Asim shakes his head as he recalls all the jobs he’s applied for in preparation for his upcoming graduation.
After applying to about 70 companies, and spending almost 350 hours on applications alone, he’s heard back from one — which denied him. Asim, a senior mechanical engineering student from Islamabad, Pakistan, has been experiencing the difficulty of an international student deciding to stay in the U.S. after graduating from OU.


http://www.oudaily.com/news/ou-international-students-struggle-to-find-employment-post-graduation/article_101fc244-646b-11e9-881d-f34edb9309cb.html

We never here back either.

They will tell you that they can’t find qualified candidates.

We will tell you that we can’t find jobs.

Somebody is lying.

And the evidence is overwhelming.

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All the while, the federal government, whose main purpose should be to defend its citizens, turns a blind eye to the injustice of major corporations favoring foreign nationals over working Americans.


The Carter administration’s Secretary of Labor Ray Marshall best summed up the H-1B visa: “One of the best con jobs ever done on the American public and political systems…. H-1B pays below market rate. If you’ve got H-1B workers, you don’t have to do training or pay good wages.”
And yet, despite inarguable research, the beat goes on.
American job displacement occurred last year, ten years before that and, as long as the status quo remains, will continue ten years beyond today.
Silicon Valley has successfully kept itself unregulated, doing whatever it wants to do. The multibillion-dollar companies are, according to The New York Times, embedded on Capitol Hill where they flex their financial muscles to their own advantage.


https://www.ustechworkers.com/same-old-story-85000-h-1b-visas-will-displace-american-workers-from-their-good-jobs/
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U.S. Labor Secretary Alexander Acosta, what if there are 23,237,000 Americans that want to work and there are only 7.1 million jobs open nationwide


Along with Sen. Richard Blumenthal, D-Conn., they toured the manufacturing center at Quinebaug Valley Community College, partook in a roundtable at the Montville American Job Center and did a closed-press tour of Electric Boat. Gov. Ned Lamont joined them for the roundtable.
“One of the things I think is unique about this program is the level of cooperation between Electric Boat and the community college system,” Acosta told reporters. “The educators are going to the employers, those that are hiring, and saying, ‘What do you need?'”
Acosta noted there are 7.1 million jobs open nationwide — outnumbering those who are seeking jobs by 1 million.
The Manufacturing Pipeline Initiative addresses the skills gap by providing free classes — such as design engineering, welding and pipefitting — that each run several hours every weekday for several weeks. The program has gotten federal, state and private funding.
To get into the program, one must be certified as unemployed or underemployed. EWIB President John Beauregard said this is because coordinators don’t want employers taking from one another, as that does nothing to help the supply chain.


https://www.theday.com/business/20190416/us-labor-secretary-praises-regional-manufacturing-program

How did I come up with 23,237,000?

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Ananya, we need people like you, but we need to fix this as well

Too often, writers seem to write stories only discussing one side of what is happening.

Today, we have a good example of that.


My name is Ananya, I’m 18 years old, and I’m a first-year student studying astrophysics. I was born in Hyderabad, India, and I lived there up until I was 6 years old. But my family moved to the US in 2007, right before my seventh birthday, and we lived in Brooklyn for three years and then moved to Connecticut, and I’ve lived in Connecticut ever since.
My parents are both physicians. In India, they had already completed their residency, but they decided to come to the United States for a better quality of life. My mom has always been on an H1-B visa. My dad is on an H-4 visa right now. That’s the visa that I have, but I don’t have an EAD [Employment Authorization Document], so I can’t work. I don’t have a Social Security number, but I have a tax-identification number, and I have a Connecticut driver’s license. Only spouses of H-1B visa holders are eligible for the EAD—they will not consider children in any way, even if the child is 18, 19, 20 years old.


https://www.thenation.com/article/ananya-visa-immigration-migrant-voices/

But this same author will do nothing to tell the story of the Americans forced out of the STEM industry because of the things discussed in this article.

Why is that?

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American computer programmers are much higher skilled than their Indian and Chinese counterparts celebrated in the Wall Street Journal blog.


I write this historical account so that you can appreciate the humor of a blog post on the Wall Street Journal website written by the former publisher of CIO Magazine.
The blog laments the drop in H-1B workers, celebrates the talent from India and China, and whines about a “widening skills gap”.
Yet it is the countries that supply H-1B workers that have the skills gap.
American computer programmers are much higher skilled than their Indian and Chinese counterparts celebrated in the Wall Street Journalblog. Employers can find higher skilled workers at average American schools than they can among the elite schools in India and China.


https://cis.org/Miano/Former-Publisher-CIO-Magazine-Still-Doesnt-Get-It-H1Bs
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Why is it that the Information Technology Industry Council will not fight for American workers displaced by the likes of H-4 and H-1B non-immigrant guest workers?

Do highly qualified American workers not deserve the support of the Information Technology Industry Council, along with the U.S. Chamber of Commerce and the National Association of Manufacturers ?

There are millions of us out there.

We want to work too.

But these organisations will not give us the time of the day.


A group representing major Silicon Valley technology companies and global outsourcing firms has filed a court brief arguing that employment authorization for spouses of H-1B workers — which the Trump administration has promised to revoke — leads to economic growth and creates about as many jobs as it takes away.
But a lawyer on the other side argues that the claimed benefits are irrelevant to the case at hand, and that the work permission lets employers keep foreign employees under their thumbs.
The Information Technology Industry Council, along with the U.S. Chamber of Commerce and the National Association of Manufacturers, filed a brief supporting employment for H-4 visa holders in a legal case against the U.S. Department of Homeland Security by former IT workers who claim they were replaced with foreign H-1B holders. The workers argue that Homeland Security lacks the legal authority to allow H-1B spouses to work.


https://www.eastbaytimes.com/2019/04/11/h-1b-group-speaking-for-google-facebook-apple-outsourcers-fights-legal-move-to-strip-jobs-from-h-1b-spouses/
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