Dear {name}:

For those of us hotly engaged in the crusade to end employment visa and work authorization programs such as H-1B and STEM OPT, the last two weeks have been eventful, to say the least. We have seen some good, some bad, and some downright UGLY!

Starting with the ugly: 30 Democratic Party senators issued a strongly worded and pointed letter to Secretary of State Marco Rubio demanding that delays in processing applicants for F, J, and M visas be investigated and applications expedited as in prior administrations. Let's be clear, the J, cultural exchange visa, has now devolved into a cheap labor pipeline with limited wage rules and scrutiny for jobs from au pairs to medical doctors, who are often prioritized for residencies over American doctors. The F visa, a student visa, has been bastardized to the point our universities are now acting as de facto immigration centers. For instance, Curricular Practical Training (CPT) allows foreigners on student visas to work while enrolled in school. Optional Practical Training (OPT) and STEM OPT don't just allow foreign graduates to get a job in the USA after graduation, the companies that hire them don't have to pay FICA taxes. In addition to there being no prevailing wage standard, this allows employers to save 15% by hiring a foreigner over an American. The M visa is for aviation students and pilots. Don't even get me started on this one.

Why is it that Democratic senators like Alex Padilla are so concerned with the interests of foreigners and have such little regard for their own citizens?

It appears the Department of Homeland Security is cracking down on CPT, as evidenced by an announcement by the University of California San Diego's International Services and Engagement Office (ISEO) to temporarily suspend CPT issuance. They cited recent policy updates by DHS's Student and Exchange Visitor Program.

It was good to see the administration is preparing a rule change that will end the grace period extension for several categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, and O-1 workers and their dependents and not just for the H-1B. What this essentially means is that if a foreigner on a temporary employment visa loses a job, that job loss would immediately start the unlawful-presence clock ticking. They will no longer have 60 days to try to find another job. They will need to leave on the last day of work; if they don't, they could be barred from ever applying for a visa. If they are found to be in the country for longer than 180 days, they would be barred from being considered for a visa for three years. If they remain in the country more than one year, they would be barred for 10 years.

But here's the bad: the rule change has not made it to the Federal Register for public comment. It is still at the Office of Information and Regulatory Affairs (OIRA). A lot can be done to keep it bottled up there by special interests that have become addicted to cheap labor. But we have a plan, and it includes smaller consulting firms that are often disadvantaged by the larger firms that can recruit foreign workers and reap the benefits of workers who can save them 30% or more on labor costs.

If you are a small consulting firm that competes for local, county, state, and federal contracts, please reach out to me.

In Matter of Milagro Delcarmen-Lara, Respondent, a long-running loophole was closed by the courts. In the past, people with long periods of unlawful presence in the USA could travel abroad, return on parole, and still adjust status to a green card relatively easily without facing the multi-year ban. The ruling makes that much harder to do.

Sad Sandwich (@sadwareinc) reported some breaking news, stating that:

At this time, Capital One will not sponsor a new applicant for employment authorization, or offer any immigration-related support for this position (i.e., H1B, F-1 OPT, F-1 STEM OPT, F-1 CPT, J-1, TN, E-2, E-3, L-1, and O-1, or any EADs or other forms of work authorization that require immigration support from an employer).

We have heard that other large firms and companies have quietly made the same decision. I have to believe it is in response to the friction being created by activists and MAGA politicians who have been keeping employment visas in the limelight.

In a case spearheaded by Harmeet Dhillon's Civil Rights Division, OpenAI forked over $3.2 million in fines and penalties for PERM recruiting violations. Although the amount may appear small given OpenAI's market cap, it is the maximum allowed by the statutes. But more than the amount of the fine, what matters is that the case was made possible by the hard work of dedicated tech worker activists and employees at Attorney General Blanche's Department of Justice.

Lastly, it was reported that the State Department revoked over 175,000 visas. The revocations stemmed, for the most part, from criminal activity and threats to national security. Question, what do you call 175,000 visa revocations? Answer, a good start!

Onward,

Kevin Lynn

Executive Director, Institute for Sound Public Policy

Founder, U.S. Tech Workers