Anthony J Hilder
on October 31, 2020
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THIS ISSUE: DHS takes an important step toward protecting U.S. tech workers, and more Americans are joining the labor force amidst an immigration slow-down.
FRI, OCT. 30th
The Department of Homeland Security (DHS) has announced a new proposed rule that, in the agency's words, would:
...prioritize the selection of H-1B registrations...based on corresponding wage levels in order to better protect the economic interests of U.S. workers, while still allowing U.S. employers to meet their personnel needs and remain globally competitive.
Currently, the restricted numbers of H-1B visas each year are allocated through a lottery, regardless of pay and skill levels. The minimum wage rates employers must pay are well below prevailing rates -- overall around 40% below market value according to Ron Hira, professor at Howard University and an H-1B expert.
DHS is proposing to change that, by substantially raising the minimum wage requirement and allocating visas based on salary instead of a random lottery. The more an employer offers to pay an H-1B worker, the better that employer's chances of getting one of the visas.
It is uncertain whether and by how much the proposed rule would result in fewer H-1B visas given out each year. But it should provide some much-needed protections for American workers in the tech industry. The rule could open up more opportunities for recent graduates, as well. If a company can no longer use the H-1B program to drive down wages, it's more likely to hire domestically from among the available pool of qualified workers.
Federal immigration policy and protecting American workers aren't two things that usually go together, especially when it comes to agency rule-making. While Congress passes immigration laws, how the executive branch interprets and carries out those laws can make a huge difference in outcomes.
When it comes to guest worker programs, that usually means kowtowing to the demands of employers. This DHS proposed rule is different. It's the most effective way, short of legislative reform, to protect American tech workers. We've been fighting for this a long time and it's a big win.
The rule is not yet finalized, but it should be in place by the end of this presidential term. If Joe Biden is elected, his administration could seek to reverse this action, but once a well-reasoned and well-written rule is put in place, it is not easily changed, and it is something we will rally our members to keep in place.
Also this week, the Center for Immigration Studies' Steven Camarota wrote in the National Review about his findings that growth in the foreign-born population showed a marked decline from 2017-2019. Correspondingly, Camarota also found that the labor force participation rate for native-born workers has begun to increase after falling for decades (see details in the blog below).
At this politically uncertain time, Camarota's research clarifies two key arguments we at NumbersUSA have long made: immigration can be controlled, and lower levels of immigration can and do correspond with better job prospects for Americans.
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