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Recommendations for Immediate Action

The grave employment situation created by the pandemic shutdown requires bold, sustained action from the president. The actions we propose below should be maintained until the country returns to full employment and full labor force participation for American workers. This will ensure that the employers who have become dependent on these programs, or who have chosen a business model that depends on these programs, are able to adapt. The goal is to break the practices of replacing U.S. workers with visa workers, refusing to hire U.S. workers, or suppressing wages in certain business sectors through importation of cheaper workers.

We propose 20 specific short-term actions to preserve job opportunities for U.S. workers and to prevent U.S. employers from bypassing U.S. workers in the recovery:

  1. Rescind approval of all labor certifications for pending employment-based immigrant visas and green card/adjustments of status, and require applicants to submit new certification requests for re-adjudication under current labor market conditions.
  2. Rescind approval of all labor condition attestations (LCAs) for pending employment-based non-immigrant visa applications and require applicants to submit new attestations for re-adjudication under current labor market conditions.
  3. Suspend adjudication of all Optional Practical Training work permit applications until the economy has recovered (as defined by pre-determined metrics). In the meantime, new regulations and guidance must be promulgated. New rules should include shorter training programs, oversight of training curriculum/plan, a requirement to show that the training is not available in a student's home country, improved monitoring of student and sponsor compliance, and a requirement that employers must pay $5,000 in advance to the Social Security and other payroll tax trust funds for the first year of OPT employment, or $10,000 for the STEM extension employers.4
  4. Reduce the duration of stay for B-1 short-term business visas to 21 days, unless a visa holder shows a business need requiring a longer stay.
  5. Deny LCAs/petitions from employers seeking H-1B visa workers at the two lowest wage levels allowed (Level 1 and Level 2 prevailing wages). These are applications on behalf of workers who would be paid less than the median prevailing wage for the occupation and region.
  6. Suspend approval of all petitions/applications for part-time, seasonal, or peak-load workers. Currently these are allowed in the skilled and unskilled work visa categories.
  7. Curtail temporary visa renewals and limit extensions to one year.
  8. Require all employers petitioning for workers after the suspension to maintain a one-to-one match of new U.S. hires for each visa worker hire.
  9. Suspend adjudication of work permits to H-4 visa holders (dependents of temporary work visa holders) until recovery.
  10. Suspend adjudication of H-3 (trainee) visas until recovery.
  11. Curtail adjudication of employment-related exchange (J) visas in the following categories: au pair, camp counselor, intern, trainee, professor, research scholar, summer work/travel, and teacher. (See Table 3 for the number of participants in exchange worker programs), until recovery.
  12. Curtail adjudication of intracompany transferee (L) visas and petitions until recovery. Create a waiver for employers showing extraordinary need to move the employee to the United States. No waivers for blanket petitions; all applications should be considered individually.
  13. Suspend adjudication of new E-2 (nonimmigrant investor) visas until the economy has recovered.
  14. Suspend adjudication of O ("extraordinary ability"), P (athletes and entertainers), and Q (Irish exchange workers) non-immigrant visas until recovery. Create waivers for extraordinary circumstances.
  15. Suspend adjudication of EB-5 (investor) immigrant visas and adjustment applications.
  16. Suspend adjudication of all initial "discretionary" EAD (work permit) applications for aliens whose authorization would not be incident to their status, until recovery. Adopt a new requirement for all discretionary EAD renewals based on extraordinary circumstances, extreme hardship, or public interest (such as DACA, abused spouses, etc).
  17. Implement a public outreach campaign for U.S. workers who have been furloughed by employers who keep visa workers on the job and similar incidents of apparent preference/discrimination in favor of visa workers.
  18. Refuse to certify or approve replacement temporary workers or work permit holders for any corporate entity that has shut down facilities or substantially curtailed operations because of the pandemic.
  19. Direct DHS (both FDNS and HSI working hand-in-hand), as well as the Labor and State Departments to institute vigorous pre- and post-audits of 25 percent of the certifications and LCAs submitted by employers seeking foreign laborers across all industries, with at least two purposes in mind: 1) Are the jobs really temporary in nature? And 2) Are there now enough citizen/LPR workers available to fill the jobs? Further direct DOJ to vigorously prosecute cases presented to them by DHS/DOL/DOS where fraud is present.
  20. Prohibit the distribution of relief funds to employers with a "U.S. person" (meaning U.S. citizens and permanent residents) workforce of less than 50 percent. Prohibit approval of new visas or work permits for employees of companies or businesses that have received Covid-19 relief packages of any kind. Full repayment of such packages would allow the employer to start employing workers receiving new and renewed visas and EADs. This provision would relate to new and extended visas and EADs; there would be no requirement to discharge those aliens who are currently on the payroll with valid documentation during the life of those visas and EADs.
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Rescind approval of all labor certifications for pending employment-based immigrant visas and green card/adjustments of status

---> dani meaning yenti layman terms lo? I-140 approve ayina vallaku no problem...but, if I-140 is pending approval...then PERM malli file cheyyala? 

coming to H1B ...approval pending lo vunte LCA needs to be filed again ?? And there won't be any problems to already approved ones? 

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5 minutes ago, superhit3 said:

Rescind approval of all labor certifications for pending employment-based immigrant visas and green card/adjustments of status

---> dani meaning yenti layman terms lo? I-140 approve ayina vallaku no problem...but, if I-140 is pending approval...then PERM malli file cheyyala? 

coming to H1B ...approval pending lo vunte LCA needs to be filed again ?? And there won't be any problems to already approved ones? 

its an independent org giving its input with a motto "The Center is animated by a unique pro-immigrant, low-immigration vision which seeks fewer immigrants but a warmer welcome for those admitted."   bill kinda draft chesthe evaraina senator then we can discuss. till then , no need to disco on this

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4 minutes ago, mirchi_bajji said:

its an independent org giving its input with a motto "The Center is animated by a unique pro-immigrant, low-immigration vision which seeks fewer immigrants but a warmer welcome for those admitted."   bill kinda draft chesthe evaraina senator then we can discuss. till then , no need to disco on this

HeadScratch  ante naa questions none can answer at this point of time?  

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4 hours ago, Repo said:

 

Pascrell, Grassley, Durbin, Gosar, Khanna, Pallone, Gooden Lead Overhaul to H1-B, L-1 Visa Programs

 

 

Today, U.S. Reps. Bill Pascrell, Jr. (D-NJ-09), Paul Gosar (R-AZ-04), Ro Khanna (D-CA-17), Frank Pallone, Jr. (D-NJ-06), and Lance Gooden (R-TX-05) introduced legislation to reform and close loopholes in the H-1B and L-1 visa programs. Their H-1B and L-1 Visa Reform Act will reduce fraud and abuse, provide protections for American workers and visa holders, and require more transparency in the recruitment of foreign workers. This complete overhaul of the H-1B and L-1 visa programs will protect American workers and crack down on foreign outsourcing companies which deprive qualified Americans of high-skill jobs.

Ivvala edo oka EO vasthadi anukunna before long week end. But didn't happened. 

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1 hour ago, Repo said:

Evadu deniki wish cheyalo kuda maname decide cheyyali antaru....

 

 

@Repo uncle , aa replies edo twitter lone ichukochu kada....ikkada pedithe labham emundi...evado lafoot gadu akkada comment cheyatam emti...ikkada nuvvu racha cheyatam emti?  

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12 minutes ago, snoww said:

Update enti on all Bills ?

Assalu okkati ina Senate floor meedaki vasthunda. Vachi pass ina thatha sign sesthada. 

Bill ledhu bokka ledhu enni choosinaam ilantivi

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