Founder’s Corner

Dear All,

This week my typically morose demeanor became a notch or two rosier despite the spate of rather bleak news. And the news was bleak.

First, the Department of Homeland Security (DHS) published a rule change that prevents poor migrants from being considered a public charge if they utilize government services for things like healthcare.

Now, the statutes are clear when it comes to those who may prove to be a public charge.  According to Section 212(a)(4) of the Immigration and Nationality Act, any individual seeking admission to the United States, or applying for a Green Card, is ineligible if s/he is likely to become a “public charge.” So, another good reason to hop the next bus to America.

And then Secretary of Labor, Marty Walsh, who you’d expect would put the interests of American workers first, said companies in the U.S. need to hire 11 million workers and feels the only way to do so is through immigration:

“If those 11 million jobs had to be filled tomorrow, we certainly don’t have enough people in the United States to fill those jobs … the issue of workers has to be addressed and the only way [emphasis added] you can do it is through immigration”

But the real kicker was Thursday’s Wall Street Journal article by immigration journalist Michelle Hackman,  “ U.S. Expects to Use All Employment-based Cards This Year” followed by her tweet “The U.S. is set to issue 280,000 employment-based green cards by the end of this fiscal year – twice the usual total.”

Without delving into the article’s errors and omissions you’re probably wondering what could have possibly occurred last week to give me reason to smile. This has got to be about as bad as things can get, yes?

That’s it, precisely, as in my worldview and as the adage goes, things are always darkest before the dawn. And it’s very dark right now.

The Biden cabal and its minions, who are spread as thick as thieves throughout the federal bureaucracy, are pulling every possible lever to clear the Indian H-1B visa log jam. In this instance, they’re falling back on the discretion of the Director of the U.S. Citizenship and Immigration Service (USCIS) to take “unused” family based (FB) Green Card (GC) allotments from the Covid years and reallocate them to those waiting in the employment based (EB) GC queue.

USCIS doesn’t have to do this. It’s discretionary. But when you look at USCIS Director Ur Jaddou’s resume, it becomes apparently clear why her discretion favors the interests of Big Tech over those of working men and women.

Jaddou worked as a legislative assistant for Congresswoman Zoe Lofgren and was Chief Counsel for the House Judiciary Committee on Immigration and Citizenship Subcommittee from 2007 – 2011. That subcommittee is currently chaired by Zoe Lofgren.

Even if Jaddou has the discretion to reallocate GCs between different categories, to shift them between employment-based vs. family-based makes no sense. Why not just dig a little deeper and allot more to those still waiting in the family-based queue?

Jessica Vaughan, Director of Policy Studies for the Center for Immigration Studies (CIS) tweeted, “The family visa applicants always seem to be de-prioritized. This happened during DACA, when immediate relatives of US citizens applying for green cards were sent to the back of the line.” She went on to tweet, “this [article] raises very serious questions about the management of USCIS and our legal immigration system. Why were so many family green cards not issued last year? There are 4 million ppl on the family waiting lists. Why are they left hanging?”

Perhaps it’s because in the face of her willful mismanagement of USCIS and the stunning debacles of the Department of Homeland Security run by Alejandro Mayorkas — Afghan evacuee crisis, parole and asylum status for those entering the country illegally by the millions, temporary protective status offered to a dozen countries – our immigration system is simply overwhelmed!

Yes, things are really dark. But this is when things turn for the better.

On September 11th, the American Freedmen movement is declaring a National Call ICE Day. It’s a day to call for U.S. Immigration and Customs enforcement on employers who hire illegal immigrants and on those who have overstayed their visas.

Every recent survey and poll demonstrate Americans are fed up with the immigration system and our current policies and are demanding action. This is a step in the right direction and after a woeful news week, it’s what made me smile.

In closing, I’d like to give credit to William Craig for contacting and alerting us about USCIS’ plan to increase the allocation of EB GCs days before Hackman’s article shined a light on it.  Also, and always, if you enjoyed reading this and find it of use, please share it with your colleagues, friends and family.

In Solidarity,

Kevin Lynn
Executive Director
U.S. Tech Workers

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