John Miano's blog

Last-Minute Obama Regulation Exempts Universities from H-1B Limits

By John Miano, March 22, 2017

"60 Minutes" Reported this Sunday on how American workers at the University of California-San Francisco were replaced by foreign workers on H-1B visas.

One of Barack Obama's parting gifts to American workers was to exempt such replacements from the H-1B quota. Read more...

Solving the H-1B Green Card Backlog: It's Easy If You Try

By John Miano, March 21, 2017

I recently posted about the paradox that fixing the immigration system requires the action of those who broke it in the first place. I did so in the context of the disastrous Immigration Act of 1990.

The Immigration Act of 1990 was a giant screw up. Worse than that, it set in motion chains of screws ups that continue to this day. In aviation, this is called the graveyard spiral. Read more...

Tonight's '60 Minutes' Segment on H-1B: The Fruit of Disastrous 1990 Immigration Act

By John Miano, March 19, 2017

Tonight "60 Minutes" is running a segment on the H-1B visa cesspool. Before that airs, I thought it would be worthwhile to describe how we got to the point where we are.

The paradox of immigration reform is that the people who have to fix what is broken are the same ones that screwed the system up in the first place. Read more...

End of Premium Processing for H-1Bs Portends Major Change at USCIS

By John Miano, March 6, 2017

The recent news that the Trump administration is suspending premium processing for H-1B petitions has hit the mainstream media with force. Even massive replacements of Americans by H-1B workers never get this volume of coverage.

This particular action is not in itself significant. However, it portends major change at USICS. (My colleague David North has been thinking along similar lines.) Read more...

How Employers Game H-1B for Cheap Labor

By John Miano, February 21, 2017

The Dallas Morning News provides a good example of how employers game the H-1B program for cheap foreign labor. The authors wrote:

But critics of the visa program point to examples of how IT consulting firms use the visas to find cheaper labor: Outsourcing firms

The reality is the Dallas Morning News provided a typical example of how companies other than "outsourcing firms" use H-1B for cheap labor but the newspaper missed the significance of what they had. Read more...

Some Things Trump Can Do on H-1B

By John Miano, February 20, 2017

I previously posted a somewhat tongue-in-cheek statement of what Donald Trump could do on H-1B. That proposal was an Obama-Lite. Where Obama claimed authority that did not exist, my example illustrated what was possible using ambiguities in the statute and Chevron deference.

It is becoming clear that President Trump only intends to do things administratively that are explicitly authorized by Congress. Here is a sample of things President Trump can do administratively to address the H-1B visa cesspool. Read more...

Update on Challenge to H-4 Employment Rule

By John Miano, February 16, 2017

A couple of people have asked about the status of the challenge to the rule giving employment authorization to H-4 spouses of H-1B visa holders. There seems to be a lot of misinformation going around about it.

The brief schedule and oral argument date had been set in the D.C. Circuit Court of Appeals. All that has happened is that the government requested and was granted a delay in the case. The government has been doing the same for a number of immigration-related cases. Read more...

H-1B Opiate Has Thwarted Advancement in Software Engineering

By John Miano, February 16, 2017

Over the weekend I did an interview with blogger Stefan Molyneux. Like myself, Stefan worked in software development. So we got to talk shop.

After that interview, I thought that I might try to explain the why of H-1B. That requires a look at the state of the software industry. Read more...

Ninth Circuit Ignores Statutes and Precedent

By John Miano, February 13, 2017

For those of you returning from UFO abductions, President Trump issued an executive order that included a provision that temporarily banned the admission of aliens from seven countries lacking functional governments or, in the case of Iran, is a state sponsor of terrorism. This sparked numerous legal challenges. American law is in such chaos that, if you sue enough times, you can get any outcome. Read more...

Where Does the Buck Stop?

By John Miano, February 8, 2017

Normally when an illegal garbage dump catches fire and causes serious damage to public property, the blame falls on the various government agencies responsible for public health and safety. In 1989, agencies in the State of New Jersey tried to close down an illegal dump in Newark that was underneath I-78 near the airport. They were blocked by a state court judge who held it was a "legitimate enterprise 'that should be encouraged.'" Shortly thereafter, the garbage pile caught fire and caused the bridges above to buckle and the federal government had to spend millions of dollars to repair the damage. New Jersey's chief justice described the episode as a "serious judicial error". Here, the court, not the agencies, suffered the public wrath for causing a disaster that inflicted a traffic nightmare on the state. Read more...

Trump Can Fix H-1B Cesspool by Shortening Visas and Eliminating Renewals

By John Miano, January 30, 2017

There are many things that President Trump can do to tweak the H-1B cesspool. Real reform would have to come from Congress. However, Obama demonstrated that a president may take extreme measures, not even authorized by statute, that many members of Congress approved of.

Fortunately, President Trump does not have to venture outside of the statutes to do a little cleanup to the H-1B problem. I have described other such potential actions previously. Read more...

Politicized Reporting Parrots Party Line on Trump Executive Order

By John Miano, January 30, 2017

My ancestors had a saying: Quos deus vult perdere, prius dementat—whom the gods wish to destroy, they first deprive of reason.

The American news media has been putting on a demonstration of that principle. Read more...

Wage-Based Selection of H-1B Visas Could Cut Out the Lowest-Paid Positions

By John Miano, January 18, 2017

Congress has directed that H-1B visa petitions should be processed in the order in which they are received. But what happens when 236,000 visa petitions show up at USCIS processing centers around the country on one day for 85,000 visas? In that situation it is impossible to identify the order in which the petitions were received.

Congress has not enacted a statute to address this situation so that leaves it up to the agency to decide how to handle it. Over the years USCIS has used a random process to select them – a lottery. Read more...

Toothless H-1B Bill Is Back

By John Miano, January 17, 2017

Representative Darrell Issa has reintroduced his H-1B "reform" bill from last session. As I described last fall, this bill is carefully crafted to do absolutely nothing.

Rep. Issa's press release describes the bill this way: Read more...

H-1Bs: High-Skilled for Politicians, Low-Skilled on Payday

By John Miano, December 23, 2016

Every day from the election until the day before Thanksgiving, someone in the media called and asked me if the Trump team had contacted me. The answer was and still is "no." I have no idea what is going on in the Trump transition.

On the flip side, I do keep in touch with many technology workers. My sense of their post-election mood is guarded optimism. There is still great hope that President Trump will do right. Read more...

Investigative TV Show Focuses on EB-5 Scandal

By John Miano, December 13, 2016

The latest edition of Michelle Malkin Investigates addresses the EB-5 investor-visa cesspool. It also features my colleague David North, who has written extensively about this immigration scam. Read more...

President Trump's H-1B Nuclear Bomb

By John Miano, November 29, 2016

Massive replacements of American workers by foreign workers using the H-1B and other guestworker programs have been going on since at least 1994. Congress's response to these outrages over the decades has been to hold hearings on the subject and then do nothing. In a February 2016 Senate Judiciary Committee hearing I made the prediction that the only thing that would fix this problem is executive action by a President Trump. Read more...

Replacement of Americans by Foreign Workers Doesn't Fit Media Narrative

By John Miano, November 18, 2016

Throughout the 2016 election, most of the American media exhibited TDS – Trump Derangement Syndrome. After the election was over, the media discovered what most Americans knew already: that they existed in a bubble isolating them from reality.

Immigration is one of the great divides between the media ordinary Americans. For example, if I put forth the proposition “The government should encourage employers to replace Americans with foreign workers," 90 percent or more of Americans would disagree. Read more...

The Coming End of DACA and DAPA

By John Miano, November 10, 2016

Four years ago I pointed out the fundamental problem with the Deferred Action for Childhood Arrivals (DACA) program: Anyone who signed up for DACA would be adding their names to a list of self-identified illegal aliens. Should a future administration decide that it would start enforcing the law, the DACA program would provide list of prime candidates for deportation.

At the time, this was so obvious that I was surprised anyone would be stupid enough to sign up for DACA and DAPA (Deferred Action for Parents of Americans). Yet apparently hundreds of thousands of people did so anyway. Read more...

Congress Does Nothing to Protect American Jobs

By John Miano, September 29, 2016

In 1996, a couple of clowns embarked on a publicity stunt that ended tragically. They would have a seven-year-old girl set the record for the youngest person to fly a plane across country. (Bear with me – it's a metaphor relating to immigration policy.)

Because most airplanes have dual controls (allowing them to be flown equally well from either seat), it would be a simple matter to set the record for the youngest cocker spaniel to fly across the country. Read more...

Darrell Issa Continues to Fail U.S. Workers

By John Miano, September 17, 2016

Last week I wrote about Rep. Darrell Issa's do-nothing "reform" bill for the H-1B program. The purpose of Issa's bill is to head off other bills (such as those from Sen. Sessions and Sen. Grassley) that would fix some of the problems in H-1B. It is no wonder that Issa's bill has the support of industry groups.

Yesterday there was a markup session for Issa's do-nothing bill in the House immigration subcommittee, where the bill ended up being pulled. Read more...

Melania Trump Attorney Letter Shows She Came to U.S. Legally

By John Miano, September 14, 2016

There was a slight flare up last month when Politico raised questions about Melania Trump's immigration status. I wrote in response: "The Politico article is a shoddy piece of journalism, where the authors have raised theories, but have done no research to confirm their theories."

The apparently inconsistent data were: Read more...

Darrell Issa's H-1B Bill Does Nothing for U.S. Workers

By John Miano, September 7, 2016

I have analyzed provisions of other H-1B reform bills, But Rep. Darrell Issa's H.R. 5801 is the easiest yet to analyze: Issa's H-1B reform bill does absolutely nothing.

It does take a little effort to explain what is going on in the bill. Read more...

Melania Trump's Immigration Status: Without Facts, Speculation Is Irresponsible

By John Miano, August 8, 2016

I have received quite a few inquiries about Melania Trump's immigration status. These started after Politico published an article questioning Mrs. Trump's immigration status.

There is not a whole lot to say on Mrs. Trump's immigration history. The Politico article is a shoddy piece of journalism, where the authors have raised theories but have done no research to confirm their theories. Mrs. Trump claims to have received an H-1B visa in 1996. However, she did a photo shoot in the United States in 1995. Therefore, according to Politico, Mrs. Trump could have been working in the United State illegally. Read more...

What to Do When They H-1Boot You

By John Miano, August 5, 2016

You notice that people from India are poking around your work place – and their numbers are growing. It is time to smell the coffee and realize that you are your coworkers are about to be replaced by foreign workers on H1B visas. You're going to get the "H-1Boot."

What should you do now?

Get Organized. Exchange contact information with your coworkers. Exchanges names, home phone numbers, home emails, and addresses of everyone likely to be affected. Do this while you are all together. Once you get fired, this information is hard to gather. Read more...

Analysis of the "H-1B and L-1 Visa Reform Act of 2015"

By John Miano, July 27, 2016

In our new book Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers, Michelle Malkin and I explain in detail the provisions of the H-1B program and the H-1B provisions of Marco Rubio and Chuck Schumer's cynically misnamed "Comprehensive Immigration Reform." Read more...

What Now for U.S. v. Texas?

By John Miano, June 24, 2016

The Supreme Court has decided not to decide anything in United States v. Texas. So what happens next?

Now the case progresses normally though the court system. The first stop is that the case will return to the Southern District of Texas. There, the next likely step is that the judge will work with the parties to create a schedule of events to take place. Read more...

OPT Case Headed Back to District Court

By John Miano, May 16, 2016

The latest in the 8-year-old legal saga of Optional Practical Training (OPT) is that the D.C. Circuit Court has dismissed the case. This is not as ominous as it might sound. The effect is that the case goes back to the lower court, the D.C. District. Read more...

Good News / Bad News on OPT

By John Miano, May 9, 2016

The lawsuit challenging the regulations designed to transform student visas into a guestworker program has taken a bizarre twist. I and the rest of the Immigration Reform Law Institute team were in the United States Court of Appeals for the District of Columbia last Wednesday for oral arguments on the Optional Practical Training Program.

This is a good news/bad news story. I will start with the bad news. Unfortunately, this takes a lengthy setup. Read more...

Former Abbott Labs Workers Meet in Chicago

By John Miano, April 26, 2016

It was great to meet so many of you at Flanagan's in North Chicago on Friday. Of course I have mixed feelings because of the source of the event: hundreds of Americans losing their jobs.

In case you have been getting your news from the "mainstream media," Abbott Labs fired much of its American IT staff and replaced them with imports from India through H-1B and other guestworker visa programs. Read more...