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Dear {name}:
Eight days ago, Vice President Vance while addressing blue-collar union workers in Middleton, Ohio, spoke of a white-collar IT worker, Kevin Patrick Flanagan who twenty-three years ago, committed suicide after training his H-1B visa replacement at Bank of America. Stories and even individual words in a speech such as this are akin to shelf space in a supermarket. Just as retailers pay for endcap space to catch shoppers' eyes, politicians place their most resonant stories at the most visible points in a speech. The placement of Kevin’s story in the Vice President’s speech wasn’t arbitrary. It was purposeful and an important signal as we enter mid-term elections.
The Department of Homeland Security (DHS) published a proposed rule in the federal register imposing a $103,265 fee on all cap-subject H-1B petitions that would even include master's-degree holders. Now it won’t include institutions exempt from the cap but, it will cover the 85,000 that aren’t. Moreover, it will apply to those already in the US who may be on another status such as a foreign student on an F-1 visa. This new source of revenue would fund immigration courts and ICE. Public comment period is now open.
As reported on the law firm Fragomen’s website, the Office of Management and Budget has completed its review of a proposed DHS rule change that, if finalized, would eliminate the discretionary, maximum 60-day grace period accorded to certain principal nonimmigrants and their dependents if the principal’s employment ceases before their period of stay expires. In keeping with the Administrative Procedures Act (APA), the proposed rule will be published in the Federal Register for a public comment period. Stay tuned for more details.
The Department of Labor’s Inspector General swooped into Texas to investigate “ghost office” fraud that included a single building reportedly found more than 500 approved H-1Bs linked to a single office and other offices found to be empty. Also in Texas, Congressman Chip Roy sent a letter asking for details regarding Texas State University’s notice to renew a foreigner’s H-1B visa in the midst of a statewide moratorium imposed by Governor Abbott on colleges receiving public funding.
As we get closer to November we expect the to see the administration show it has been keeping its campaign promises as well as demonstrating to the electorate that it is listening to them and prioritizing their concerns. As I reported on in the past, ending employment visas such as H-1B and work authorization programs such as STEM Optional Practical Training are not only important to the electorate but, winning issues for Republican candidates.
There are many predicting the Republicans could lose control of the House and possibly the Senate. I don’t believe this as I believe they can increase their majorities in Congress. BUT, they have to deliver and deliver big on policy. MAGA has gotten very good at separating the “noise” from the “signal” and will not be placated with rhetoric, photo ops and attempts to affect policy that are only too easily overturned by the courts. Well thought out rule making at the administrative level, prosecutions, debarment of large firms that employ H-1B visa workers when they are caught red handed is what we need to see. We know when an elected is doing everything they can to stick up for American workers or is simply talking the talk without walking the walk. The former will be rewarded and the latter punished in November.
Onward,

Kevin Lynn
Executive Director, Institute for Sound Public Policy
Founder, U.S. Tech Workers |