American Immigration Council is wrong about H-1B fraud rules

The American Immigration Council (AIC) has a new blog post that makes some troubling claims regarding certain aspects of the H-1B guest worker program. In her piece, “Lawsuit Uncovers USCIS’ Double Standards in H-1B Program,” AIC attorney Emily Creighton discusses what she believes to be the significance of a number of revealing internal documents AIC obtained from U.S. Citizenship and Immigration Services (USCIS) through a Freedom of Information Act (FOIA) request and subsequent litigation. I admire and applaud the lawyers at the AIC’s Legal Action Center for their hard work to force the release of the documents, because the action has brought another element of much-needed transparency to the flawed and much-abused H-1B guest worker program for temporary foreign workers with at least a college degree. However, the conclusions Creighton draws regarding AIC’s new discoveries are off the mark.

Creighton describes the substance of her findings:

According to fraud referral sheets [obtained from USCIS], a fraud investigation may be triggered when a business asks for an H-1B employee if the business has a combination of the following characteristics: 1) a gross annual income of less than $10 million, 2) fewer than 25 employees, or 3) has been in business for fewer than 10 years.

In her opinion, this means Read more

Ease of doing business in U.S. and record corporate profits contradict Chamber’s regulatory complaints

After years of hearing the Chamber of Commerce and certain other business groups complain about the regulatory burden government imposes, far too many Americans (and politicians) are probably convinced that regulations are excessively burdensome to businesses. Not so, according to two important new pieces of information.

First, after examining 185 nations on 10 key factors, the World Bank’s latest “Ease of Doing Business” study ranks the U.S. No. 4 overall and No. 1 among the 25 largest economies. In the words of the World Bank, “A high ranking on the ease of doing business index means the regulatory environment is more conducive to the starting and operation of a local firm.” Unlike so many business trade associations and lobbyists, the World Bank recognizes that the regulatory environment includes many rules that enhance and protect business activity, and the U.S. ranks especially high in protecting investors, enforcing contracts, and getting credit.

A second fact that contradicts business complaints about burdensome regulations is that corporate profits, which were $1.75 trillion in the third quarter of 2012, are at an all-time high (higher as a percent of GDP than at any time in our history). That corporate America’s bottom line is doing extraordinarily well should, at a minimum, make one skeptical of the seemingly endless studies by business groups which somehow find that regulations are damaging them.

That leads to the central question: Given that the U.S. has one of the most welcoming regulatory environments in the world, why aren’t U.S. businesses creating more jobs instead of hoarding the historic profits they’ve accumulated? The answer, as most economists know, is slack demand. Without customers able and willing to spend, businesses won’t invest. The solution is the same as it was at the start of the recession: because financially squeezed consumers can’t spend and businesses won’t, it is the responsibility of the federal government to make large enough investments in infrastructure and human capital to lift the economy and protect our future prosperity.

Tagged

Right-to-work-for-less passes in Michigan

The Wall Street Journal’s owner and editors hate unions, so it is no surprise that the newspaper published an editorial on Tuesday gloating over Michigan’s enactment of “right-to-work” legislation to ban contracts between labor unions and employers that require all employees covered by the contract to pay union dues or their equivalent. The editorial is so full of untruths, half-truths and right-wing extremist ideology that a full response would wear out both author and reader. But let’s take a brief look at how the 1 percent defends this ugly attack on employee rights and economic security.

The heart of the editorial is the contention that right-to-work-for-less laws are good for workers, families and state economies, which it supports with various pseudo-scientific studies, including one by the Taxpayers Protection Alliance that—ludicrously—claims the typical Michigan family of four would have had annual income $54,224 greater in 2008 if Michigan had enacted a right-to-work-for-less law in 1977. In 2008, median income for a family of four was about $78,000, so the Journal is proposing that it would have been roughly $132,000! Curiously, only four states had median household income over $100,000 in 2008, and not one was right-to-work-for-less. Read more

What we read today

What we read today

Here’s some thought-provoking content that EPI’s research team enjoyed reading today:

Latinos lead in insufficient work hours

This month, the National Council of La Raza’s (NCLR) Monthly Latino Unemployment Report focuses on the important issue of underemployment. “Underemployment,” as The State of Working America states, is “a more comprehensive measure of slack in the labor market than unemployment.”

The book goes on:

Underemployment includes workers who meet the official definition of unemployment as well as: 1) those who are working part time but want and are available to work full time (“involuntary” part timers), and 2) those who want and are available to work and have looked for work in the last year but have given up actively seeking work (“marginally attached” workers). While this is the most comprehensive measure of labor underutilization available from the Bureau of Labor Statistics, it does not include workers who are underemployed in a “skills or experience” sense (as in, say, a mechanical engineer working as a barista).

African Americans generally have the highest rates of underemployment among the major racial and ethnic groups. However, for much of 2009, Latinos had a slightly higher rate. This year, the Latino underemployment rate has averaged about 20 percent, while the black rate has averaged about 23 percent, and the white rate about 12 percent.

NCLR’s report also pulls apart the underemployment rate to examine the rate of involuntary part-time work. The share of workers who want full-time work but only have part-time work out of all workers is another important measure of hardship. Many of these individuals are struggling to make ends meet.

If one examines this involuntary-part-time rate from Nov. 2011 to Oct. 2012, Latinos have the highest rate. The share of Latino workers who only have part-time work but desire full-time work is 10.3 percent. For blacks, it is 7.7 percent, and for whites it is 5 percent. We need much stronger job creation to put these part-time workers in full-time jobs.

What we read today

Here’s some of the interesting content that EPI’s research team browsed through today:

The black birth rate converges on the white rate

Among the U.S.-born, black women had the strongest birth-rate decline from 1990 to 2010, according to a recent report from Pew Social and Demographic Trends. The birth rate—the number of births per 1,000 women aged 15 to 44—declined 29 percent for blacks, 25 percent for Asians, 21 percent for Hispanics, but only 5 percent for whites.

In 1990, the black birth rate was 26.1 points higher than the white rate. In 2010, it was only 4 points higher. If this trend continues, the black birth rate will soon equal the white rate.

Don’t be fooled, Michigan: ‘Right to work’ is just plain wrong

Michigan’s Republican-controlled House and Senate forced through “right-to-work” legislation on Thursday, making the Great Lakes State the latest battleground over worker rights. The move, of course, comes after recent GOP-led anti-union measures were passed in Wisconsin and Indiana. Michigan stands to join 23 other states with RTW laws, which make it illegal for collective bargaining agreements to require nonunion employees to pay fees (even though these nonunion employees get all of the same benefits as their unionized peers under negotiated contracts). Since the actual effect of RTW laws is to restrict workers’ rights—by making it illegal for them to enter voluntary contracts with unions to collect union dues—the name is misleading. Even more misleading, however, are claims that these laws boost a state’s economy.

RIGHT-TO-WORK 101: Why These Laws Hurt Our Economy, Our Society, and Our Democracy

Union members and their supporters are well aware of RTW’s consequences, which is why Read more

An economy that works for the middle class won’t happen on its own

A vital goal of economic policy should be to raise the living standards of the millions of American households who have seen their wages and living standards stagnate or decline over the last few decades. Fundamental to this is an economy that produces good, well-paying jobs. The biggest obstacle to this, currently, is the jobs crisis driven by a shortfall in aggregate demand. Additional factors though, written into our current policies, mean that even when the economy does recover, there is no reason to believe that the jobs it produces will actually be well-paying jobs.

The New York Times business section ran a story yesterday on low-wage workers and declining unionization rates, making the key points that:

  1. We are neither building an economy in which most workers earn enough to adequately support their families nor are we sufficiently using government tools to help subsidize the lower class
  2. The decline in unionization rates is adding to the woes of low-wage workers Read more