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(((Greg Siskind)))

6 Oct, 13 tweets, 6 min read

First, this is a final rule being issued without any opportunity for the public to comment. It is also effective immediately. It also didn't go through review with OMB's Office of Information and Regulatory Affairs which is normally required. This fails rulemaking 101. 2

[Well I already screwed up making this a proper thread. Oh well, not starting over]

It takes 157 pages of citing biased sources and jumping to very faulty logical conclusions to do something I'm going to summarize in a couple of tweets. 3

Current wage levels:

Level 1 - 17th percentile
Level 2 - 34th percentile
Level 3 - 50th percentile
Level 4 - 67th percentile

Level 1 is an entry level job. For example, a doctor just out of residency training or an accountant just out of a bachelors program. 4

New wage levels:

Level 1 - 45th percentile
Level 2 - 62nd percentile
Level 3 - 78th percentile
Level 4 - 95th percentile

5

As usual, the Trump Administration leaves out the H-2B program. No idea why? Can't be that the Trump Organization relies on that program for several of its properties. I'm sure there's no connection.

6

The DOL assumes that if an occupation like computer programmer say a bachelors degree is normal, but that some with associates degrees have jobs, that means that Level 1 probably has many in it who are not bachelors level and wages at the bottom include non-professionals. 8

No information to back this up. They also argue that H-1B workers themselves are factored in to the wage determination by DOL and this further pushes down the wage. Again, no evidence to back this up or how, in reality, this affects the calculation. 9

There is no analysis from any economists cited to back up its claims and the one agency that is supposed to call BS and stop something that has faulty economic conclusions somehow is taken out of the process. 10

@AlexNowrasteh

They present a couple of tables of the Top 20 employers in the H-1B and PERM programs which are supposed to back up their analysis. I'm reading them as saying the opposite, though I'd like @AlexNowrasteh or @David_J_Bier or @NFAPResearch to weigh in. 11

@AlexNowrasteh

@AlexNowrasteh @David_J_Bier @NFAPResearch There's a column that says "average rate at which the wage offered exceeds the prevailing wage." And then it shows that these employers exceed the prevailing wage by 27%. This is somehow supposed to show that the real prevailing wage is much higher. 12

@AlexNowrasteh

@AlexNowrasteh @David_J_Bier @NFAPResearch They fail to note that a whole lot of H-1Bs are filed by small employers who aren't paying what Apple, Amazon and Salesforce are. Also, this rule affects other professions beyond IT which DOL seems to think is the only profession impacted. 13

@AlexNowrasteh

@AlexNowrasteh @David_J_Bier @NFAPResearch I can tell you right that this is going to cause a health care problem in the US if left unchallenged. A huge segment of American health care employers can't pay doctors at the salaries being contemplated. Think inner city community health centers and rural hospitals. 14

@AlexNowrasteh

@AlexNowrasteh @David_J_Bier @NFAPResearch The country is already experiencing a massive shortage of doctors in the middle of a pandemic and then DOL drops this on us? Keep in mind that 1/4 of all doctors coming out of residency programs are on visas and will be impacted by this rule big time. 15

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More from @gsiskind

(((Greg Siskind)))

@gsiskind

6 Oct

DOL is justifying publishing with no notice and comment and with immediate effective date is because there would be a massive rush to file to beat the new wages from coming into effect. Of course, the H-1B lottery is in March. So most employers couldn't game it. Just BS. 16

@NFAP

DOL believes it meets the APA’s notice and comment and effective date requirements because of the national economic emergency. But Trump said we're in a V-shaped recovery. And @NFAP data shows IT unemployment has been unaffected by COVID. 17

@nfap

@nfap The government just made these same arguments in NAM v DHS to stop the nonimmigrant bans and a judge laughed them out of court. 18

Read 5 tweets

(((Greg Siskind)))

@gsiskind

22 Sep

OK, the hearing is over on the DV cases. Here's what I can report. 1

The judge spent the first part of the hearing trying to get a handle on just how many diversity visas have been issued since his order on 9/5 when he told the government to issue visas expeditiously first to plaintiffs and then everyone else. 2

@ckuck

He had been operating under the impression that half of the visas have been issued to the plaintiffs based on the way the govt presented the information. @ckuck clarified to the judge that he’s not considering family members so real number is more like 1/4. 3

Read 10 tweets

(((Greg Siskind)))

@gsiskind

22 Sep

The government has filed their report in the DV case. They are saying that 122 diversity visas have been issued to plaintiffs and 1009 in total. That’s only a fraction of the named plaintiffs and there about 45K are waiting on visas all together. Not a serious effort here.

There are 425 named plaintiffs. The government says all but five have been interviewed or scheduled for interviews (we believe most have not actually been interviewed). The govt says 128 people have been denied for reasons unrelated to the proclamations. That’s very suspicious.

Want to bet they are for lacking documents that they would have had plenty of time to provide or correct had these applications been adjudicated when they were supposed to have been?

Read 8 tweets

(((Greg Siskind)))

@gsiskind

22 Sep

The Department of Justice is proposing a regulation that will make it even harder to file for political asylum. Here’s my quick rundown of what the rule intends to do. 1

The rule applies to individuals who are in immigration proceedings in front of an immigration judge. The rule is getting a lot of criticism and I’ll retweet some of those in a bit. But here’s roughly what it does. 2

Adds a 15-day deadline from the date of the alien’s first hearing to file an application for asylum or withholding of removal if the person is in an asylum or withholding of removal process. Extensions for good cause are permitted. 3

Read 10 tweets

(((Greg Siskind)))

@gsiskind

18 Sep

A few thoughts about Milligan v. Pompeo, the lawsuit we filed earlier this evening. First, the case is filed on behalf of 150 couples seeking K-1 fiance visas. K-1 visas are filed by US citizens on behalf of their foreign fiances/fiancees. 1

Since the beginning of the pandemic, virtually none of these cases has been approved and couples remain separated with virtually no communication. 2

This is NOT because consulates are closed. State Department workers have been working since the beginning of the pandemic and most are issuing visas. But not to these couples. Spouses of US citizens get visas BTW. 3

Read 13 tweets

(((Greg Siskind)))

@gsiskind

16 Sep

@Wayfair

Twice this week delivery people have showed up and needed my signature and weren't wearing masks. Today, a @Wayfair deliverer with a mask was carrying in some furniture and then all of a sudden there was another without a mask asking me to sign paperwork less then a foot away.

@Wayfair

@Wayfair And a similar thing happened with @UPS earlier in the week. Door rings. I can see the UPS truck at the curb. I open the door assuming there's a package there and the delivery guy is on the way back to the truck. Nope. Right there to hand me the package without a mask.

@Wayfair

@Wayfair @UPS I know delivery people are doing critical work and I'm thankful. But come on! In both cases, they already were in my face before I even realized what was up.

Read 4 tweets

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