Remember when I wrote that the DHS rule change on the OPT program was illegal? Well apparently a powerful group of attorneys thought so too and decided to take legal action.
From ComputerWorld, , H-1B opponents challenge Bush administration in court:
The suit, filed in U.S. District Court in Newark, N.J., by the Immigration Reform Law Institute and joined by The Programmers Guild and other groups, charges that the administration’s decision in April to extend the work period for students under the Optional Practical Training provision is little more than an effort to get around the H-1B cap limit
They did this with absolutely no legal basis,” said John Miano, founder of The Programmers Guild in Summit, N.J. He said the federal extension will hurt U.S. workers who are seeking job training because it will divert training resources to foreign workers. “We hear over and over again that U.S. workers do not have the skills to do the job,” he said.
Some of the occupational areas covered under the OPT program, believe it or not, are technician and web site design. Considering we have people paying less than minimum wage for these skills, does anyone believe there is a shortage or that magically that’s in depth scientific training?
Has DHS done anything for American workers? Well, DHS did one thing, but this is probably more per the request of US Corporations (who are currently laying people off!):
Starting this month, applicants filing multiple petitions for H-1B visas, or temporary visas given to foreign skilled workers, will have them thrown out and their fees will not be returned.
Government workers have discovered that many people have tried to cheat the H-1B lottery system and improve their odds by filing multiple petitions within the same company for one employee. In previous years, U.S. Citizenship and Immigration Services let the trick pass, but now any petition found to have duplicates will be removed from the lottery
Shame no one, including our Presidential candidates will simply reform these programs!
Meanwhile immigration attorneys just find other guest worker Visas to import cheap labor and still get around the law. Navigating the legal loophole Swiss cheese called United States guest worker Visa programs is quite a lucrative business for these immigration law firms.
Earth Times article also covers the lawsuit. Anyone outraged with their own story of being displaced or unable to obtain work in their field should investigate joining this legal action.
Register your public comment on the OPT increase. Click this link to find out how:
Public Comments to DHS