Thread: H-1B opponents challenge Bush administration in court

computerworld.com
H-1B opponents challenge Bush administration in court
Patrick Thibodeau

May 31, 2008 (Computerworld) The Bush administration's recent decision to extend the amount of time foreign nationals can work in the U.S. on student visas is being challenged in a federal lawsuit by H-1B visa opponents.

The opponents argue that the administration exceeded its legal authority by stretching the rules for foreign students by extending the length of the visas from one year to 29 months.

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.

Others that have joined in the lawsuit are the American Engineering Association and Brightfuturejobs.com.

Until the Bush administration, through the U.S. Department of Homeland Security, made the change earlier this year, foreign national students typically worked for one year after graduation on their student visa while their employers filed for an H-1B visa. Tech industry groups, however, had sought the extension because of the backlog for H-1B visas.

The U.S. has an annual H-1B visa cap of 85,000, which includes 20,000 reserved for advanced degree holders. But demand for the visas has exceeded the cap and for the last two years the government has quickly exhausted the number of visas available. Industry groups argued that, as a result, it was becoming impossible for students to apply for an H-1B visa, through their employer, in the same year they graduate.

http://www.computerworld.com/action/art ... ws_ts_head

thats what I'm talking about.... matter of fact... boot his hasbeen / neverwas a$$ out on the street while you are at it

I wonder if Bill paid in cash or put it on his Black American Express ? So many question with Dubya in office

Originally Posted by Populist

Until the Bush administration, through the U.S. Department of Homeland Security, made the change earlier this year, foreign national students typically worked for one year after graduation on their student visa while their employers filed for an H-1B visa. Tech industry groups, however, had sought the extension because of the backlog for H-1B visas.

This "backlog" is easily filled by American citizens, but companies engage in illegal and anti-American discrimination such as automatically discarding a resume from an American citizen who is qualified for the job.

This is just one more reason why I am going down the line this election to make sure that anyone who held office is voted against.

These elected "crooks" do nothing but hurt this country...

Quote(These elected "crooks" do nothing but hurt this country...)Quote


Dishonesty/corrupt while more polished our government really is little different in "some" ways then Mexico but I believe the biggest problem is corporation hiring lobbyist basically we have a corporation run government and somehow that must be stopped at present all decision made are for large corporations not the American people.

They will continue to hire from outside of the United States NO matter how many Citizens are AVAILABLE because the NON-Citizens are initially easier for the ILLEGAL EMPLOYER to control and of course "cheap labor". Just remember "My Friends" follow the money always the money!

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.

Did the Bush administration really think this attempt to "get around the H-1B cap limit" would go unchallenged?

This is the same thing the Department of Labor( Ms, Chao) is trying to do with the H1B visa's, extend from 10 months to 3 years......to avoid the 66,000 a year cap! it is a bunch of crap and unlawful, it is not her job to do this, it is the job of congress.

Until the Bush administration, through the U.S. Department of Homeland Security, made the change earlier this year, foreign national students typically worked for one year after graduation on their student visa while their employers filed for an H-1B visa. Tech industry groups, however, had sought the extension because of the backlog for H-1B visas.

Bill Gates, DOL Sec Chao, and Bush SEEM TO THINK that they have the authority to change laws anywhere, anytime, anyhow. What an evil bunch of crooks.

I hope the Immigration Reform Law Inst and the Programmers Guild get this reversed.