Melania Trump visa issues highlight lack of regulation and enforcement in temporary visa programs

A recent Bloomberg View op-ed and Politico report have raised questions into whether Melania Trump, a Slovenian immigrant, former supermodel, and wife of the current Republican presidential candidate Donald Trump, was employed legally in the United States in the mid-1990s while she was in a temporary visa status. (The Washington Post also has a good Q-and-A-style rundown of the issues involved.) The op-ed and reports analyzed Ms. Trump’s past statements about her immigration status and juxtaposed them with the fact that it appears she was employed as a model during that period. If Ms. Trump was in the United States with a lawful immigration status and that status authorized her to be employed (for example, if she held an H-1B visa), then there’s really no issue here to discuss. But Ms. Trump’s response on Twitter to the Politico report did not answer the main questions that were raised: what was her visa status and did it authorize employment?

Since the reports were published, Ms. Trump’s former modeling agent has told the Associated Press that he sponsored an H-1B visa—a temporary work visa that allows employment in the United States for up to six years—for her in 1996. But photos she modeled for which have recently surfaced appear to have been taken in the United States in 1995. Without knowing more or being able to look at her immigration records on file at the State Department and Department of Homeland Security (which Ms. Trump could ask for and release, if she wanted to), it is reasonable to conclude that if she was in fact employed in 1995 and 1996—before she was issued an H-1B—it’s entirely possible that she was unlawfully employed while in the United States on a B-1 business visitor visa, a B-2 tourist visa, or a combination B-1/B-2 visa. Those visa statuses don’t permit employment, although a B-1 status might permit certain business activities (including a single, unpaid photo shoot) as long there is no payment from a U.S. source. But even in the case of a B-1, working for an extended period in the United States as a model would raise serious questions under U.S. law.

We will probably never get a final answer on this, but the situation raises a more important issue: there is a severe and troubling lack of government regulation, oversight, and enforcement when it comes to U.S. temporary (also known as “nonimmigrant”) visa programs.

Read more

Trump’s plan for the economy does little to help working people

Republican presidential nominee Donald Trump gave an economic policy speech yesterday. Besides peddling his standard trade scam, Trump doubled-down on one of his favorite tax scams, and unveiled an entirely new scam.

The speech itself was wrapped in the guise of global economic “competitiveness,” a mostly meaningless term which my colleague Josh Bivens and I will expand further on in an upcoming paper. Trump misleadingly claims that U.S. firms face the highest taxes in the world, and therefore his plan slashes the corporate income tax rate from 35 to 15 percent. Since capital income is heavily concentrated at the very top of the income distribution, and the corporate income tax largely falls on the owners of capital, this is a steeply regressive tax cut.

But Trump would go one step further, creating an enormous tax loophole for the rich by applying his 15 percent corporate rate to “pass-through” entities as well. Pass-through entities are businesses whose income are not taxed at the corporate level, but rather passed through entirely to the businesses’ owners and then taxed at the owners’ individual income-tax levels. High-income households can easily avoid paying their full income tax bill by reclassifying their income as pass-through income. This loophole allows Trump to claim that he is closing the carried interest loophole, while actually lowering the rate that hedge fund managers would pay from 23.8 percent to 15 percent. Incidentally, this loophole has already been tested, which proved disastrous for Kansas Governor Sam Brownback. So disastrous in fact, that Kansas primary voters have ousted more than a dozen Brownback-aligned incumbents in response.

Read more

What to Watch on Jobs Day: The road to full employment happens cumulatively over many months

I am cautiously optimistic that the topline payroll numbers in this Friday’s Employment Situation Report will build on June’s positive upturn and come in stronger than the weaker April and May figures. At the same time, observers should have the long view in mind, and not put too much stock in one month’s statistics. Whether it is nonfarm payroll, prime-age employment-to-population ratio, year-over-year nominal wage growth, or EPI’s own missing worker calculation, it’s important to look at trends averaged over time. So, here’s my rather simplistic attempt to do just that and set the stage for Jobs Day on Friday.

Let’s focus on nonfarm payroll employment. That’s the first number that tends to get reported in the news when the report gets released. It’s also the number that’s displayed the most volatility as of late. Below I’ve charted monthly payroll employment over the last year. May stands out as a low point over the year—and would even if the striking Verizon workers were added back in—and, in fact, it’s a low point of the last few years. The strong rebound in June (which included the returning Verizon strikers) stands in contrast to the rest of 2016, but it’s awfully close to the average of the last three months of 2015.

Read more

Worst recovery in postwar era largely explained by cuts in government spending

In a story in the Wall Street Journal last Friday, reporter Eric Morath notes that the recovery from the Great Recession has been historically slow. “In terms of average annual growth,” he writes, “the pace of this expansion has been by far the weakest of any since 1949.” Missing from this story is the fact that our historically weak recovery has been accompanied by historically deep cuts in government spending. The figure below compares the strength of expansion for each recovery since 1949 with changes in government spending (it includes data on the strength of each expansion, as reported by Morath). You can see that almost every other recovery was accompanied by an increase in federal, state, and local government spending.

During a recession, changes in government spending have a “multiplier effect” on output and income: each dollar of additional spending increases—and each dollar cut spending decreases—GDP by much more than one dollar. The Great Recession of 2008-2009 was the worst on record since the Great Depression of the 1930s, in terms of both total decline in real GDP, and total increase in the unemployment rate between the previous peak and the beginning of the subsequent recovery. The economy was in a very deep hole in 2009, and had we spent the way we did after previous recessions, we would have experienced substantial increase in GDP since then. Instead, cuts in government spending over the last eight years have had a pernicious, negative impact on output and income, as well as on jobs and wages, which depend on the level of spending in the economy. If it weren’t for these cuts, the economy would likely be fully recovered by now, and the expansion would have equaled or exceeded the Bush recovery.

Read more

Free trade in moral hypocrisy

A version of this article appeared in the Globalist.

U.S. trade policy of the last 20 years, if not dead, is on life- support. The economic case for the series of neoliberal trade deals since the North American Free Trade Agreement has collapsed in the wake of job losses, lower wages and shrinking opportunities for American workers. Voters are hostile, and both candidates for President oppose the latest proposed trade pact—the Trans Pacific Partnership.

But neoliberal trade deals have brought enormous profits to America’s multinational corporate investors. So, big business lobbyists and their champions in the Congress and the Administration are organizing to pass the TPP in the post-election lame duck session—regardless of who wins the election.

With their economic arguments discredited, they are now draping these trade and investment pacts with a mantle of moral superiority. American workers who complain are now told that they should be ashamed of themselves. Why? Because off-shoring their jobs helps workers in other counties who are even poorer.

Paul Krugman tells his New York Times readers that they should support “open world markets…mainly because market access is so important to poor countries.”

Read more

Raising the minimum wage could improve public health

Burgeoning research in economics and epidemiology suggests that raising the minimum wage will improve the health of many Americans, especially low-income Americans, and this improvement should help bend the cost curve for medical care.

In a paper published by the University of Chicago Press, David Meltzer and Zhou Chen analyzed the relationship between obesity rates and the minimum wage, using data from the Behavioral Risk Factor Surveillance System (BRFSS) from 1984-2006. The BRFSS interviews more than 350,000 adults each year, making it the largest health survey in the world. Meltzer and Chen test whether changes in the inflation-adjusted minimum wage are associated with changes in body mass indexes of adults. They find that gradual erosion in the inflation-adjusted value of minimum wages across states explains about 10 percent of the increase in average body mass since 1970. DaeHwan Kim and I found additional evidence that low wages predict increases in obesity in the Panel Study of Income Dynamics (PSID). The PSID is a nationally representative sample of 5000 American families, who have been followed since 1968 by the University of Michigan’s Survey Research Center. Obesity is estimated to cost $190 billion in medical bills each year. A 10 percent decrease in obesity would result in a $19 billion of savings every year.

But it is not just obesity that may be affected by increasing the minimum wage; mental health can be affected, as well. The British government increased the national minimum wage in 1999. To measure its effects on public health, Reeves et al analyzed data on 279 workers in the British Household Panel Survey (BHPS). Their “experimental group” consists of 63 workers directly affected by the new wage and two “control groups”: 107 workers with incomes 10 percent above the minimum who were not directly affected by the increase, and another group of 109 workers employed in firms that did not comply with the new law. All 279 persons completed short mental health questionnaires as part of the BHPS. The “experimental group” (those who received the mandated minimum wage increases) reported improvements in anxiety and depression, but neither control group experienced improvements.

Read more

Did we just witness a shift on immigration policy from Hillary Clinton?

On Monday, Vox.com published an in-depth interview with presidential candidate Hillary Clinton. A wide range of topics were discussed, but of particular interest were Sec. Clinton’s positions on immigration—some of which were, I believe, either new or expressed publicly for the first time—regarding the impact of immigration on the labor market and the major flaws inherent in America’s temporary foreign worker programs.

I was encouraged by the fact that Clinton’s comments on immigration got right to the heart of how the immigration system is used by businesses and corporations to keep migrant workers exploitable and underpaid, which in turn degrades labor standards for U.S. workers who are similarly situated. Clinton rightly pointed out how immigration is good for the American economy, but took what I think was a smart, nuanced perspective—speaking about how the undocumented workforce undercuts labor standards for all workers, because undocumented workers fear deportation and because wage and hour laws haven’t been adequately enforced. It’s also encouraging that Clinton highlighted the problems with one of the main guestworker programs, the H-1B—used mainly for jobs in computer-related occupations—although unfortunately she did not discuss others like H-2B, L-1, or OPT.

I have to confess that I was quite surprised and pleased to hear Clinton make those comments. In the very recent past Clinton seemed reluctant to acknowledge that there were any real problems when it came to immigration and the labor market, or that there could be negative consequences for U.S. workers who are employed in industries where migrants make up a large share of the workforce. In fact, during the presidential campaign Clinton and her surrogates went so far as to use Sen. Bernie Sanders’s critique of guestworker programs—namely, that they leave migrant workers powerless and can degrade wages and labor standards—to attack him as somehow anti-immigration and anti-immigrant. I didn’t feel that this attack was fair or justified, which is why at the time, I defended Sanders’s policy position at length. Around the same time, AFL-CIO President Richard Trumka wrote convincingly how “Demanding Guestworker Reforms Is Pro-Immigrant”—but without naming any candidates.

Read more

Jamie Dimon’s blinders

JPMorgan Chase’s Jamie Dimon is really proud about giving his employees a raise, heartily patting himself on the back in a New York Times op-ed. JPMorgan will raise its lowest wage to $12, but over the next three years, and only starting in 2017. That’s a roughly 3.2 percent annual boost after taking projected future inflation into account. This hardly seems to deserve a parade.

Has it really come to this? Has providing a modest wage increase really become breaking news that corporate chieftains send crowing press releases about? Let’s be clear about this—this is not the way it’s supposed to be. Wages rising faster than the rate of inflation should be the norm in the American economy and should occur all the time, without fanfare and self-congratulation from employers. That wage increases are newsworthy even while unemployment is below five percent is quite telling. Even at such a low unemployment rate, all the power in the employment relationship still rests with employers.

Dimon points out that some of his current employees earn $10.15 an hour, and brags that this is $3.00 over the current federal minimum wage. Left unsaid is that the current minimum wage of $7.25 is roughly 25 percent below the inflation-adjusted value of the minimum wage in 1968, despite the fact that productivity has more than doubled since then. (Of course, the bank’s employees in New York City will be receiving $15.00 at the end of 2018 because of the recently passed minimum wage legislation that applies to the city.)

Read more

What Gretchen Carlson and immigrant janitors have in common: forced arbitration

Gretchen Carlson is doing working Americans a real service by suing Roger Ailes, the CEO of Fox News, for sexual harassment. First, when a powerful, high profile CEO like Ailes is called out for disgusting behavior, it reminds workers and their bosses everywhere that women have a legal right to be treated with respect in the workplace.

Carlson is doing something else: she is boldly fighting the latest technique employers are using to avoid justice, to get away with sex or race discrimination, and to escape lawsuits for wage theft—putting binding arbitration clauses in employment contracts, which keeps cases out of the state and federal courts and push them into private dispute resolution systems that systematically favor employers.

Millions of working Americans are subject to arbitration clauses that they don’t even know about. More and more employers are forcing their employees, as a condition of being hired or of remaining employed, to waive the right to sue in a court if their employer violates the law. Workers must accept a process they often don’t understand, where the costs of seeking justice might be far higher even as their chances of winning or obtaining a just award of damages are reduced dramatically.

Read more

Strong job growth in June inspires optimism after recent weaker reports

After the weakness in payroll job growth the last two months, this month’s Employment Report gives us reason to be optimistic about the future of the economy. Payroll employment grew by 287,000 jobs in June. As I discussed extensively yesterday, this is the kind of job growth that would likely get us to full employment within the next year. Specifically, if we saw job-growth in excess of 260,000 jobs per month over the next year, we could expect to see the unemployment rate approach 4.0 percent and the labor force boost up significantly. If instead we averaged closer to 100,000 jobs per month (not far below the average of the three months leading up to this report), this would only keep the economy in a steady state of labor market health, pulling in just enough workers to absorb new population growth.

Robust payroll employment is only one piece of the full employment puzzle, and other indicators are still lagging behind. Two key puzzle pieces are the prime-age employment-to-population ratio (EPOP) and nominal wage growth.

The share of the population 25-54 years old with a job fell significantly during the recession. For much of the last four years, the prime-age EPOP has been climbing, albeit in fits and starts. In June, it hit 77.8 percent, about where it’s sat the last few months. It still has a long way to go before it hits the most recent pre-recession peak of 80.3 percent from 2007 or the full employment peak of 81.9 percent in 2000. At 77.8 percent, the current prime-age EPOP is still below the lowest level reached during the last two business cycles we experienced before the Great Recession (78.1 percent).

Read more