American Jobs Going To Foreigners By Corporate, Government Design
LONG BEACH, Calif. — American jobs are, by design, being given to foreigners, according to California attorney James Otto who explains that “legal immigration,” under the HI-B law, is taking away more than two million American jobs per year.
“Transparency is the enemy of corporations and government, which is why steps to stem their partnership-in-ubiquity in enhancing legal immigration have continued support from well-paid politicians at the state and federal levels, despite the disturbing facts,” he notes. “Different states host different loopholes for perpetuating the corporation’s extraordinary influence. Pennsylvania currently has no limit on campaign contributions, while Ohio’s lobbying law fails to require disclosure of lobbyists’ salaries, complicating the effort to get hard numbers on their political spending.
“There is a direct and frightening parallel between the failure to get better disclosure of the facts supporting legal immigration effecting how they actually diminish American access to its own jobs, and the failure to get better disclosure of the industry’s political expenditures,” Otto explained.
“Corporations have been ramping up their independent political expenditures since Citizens United. Three ways to give the public more of a fighting chance are requiring disclosure of all independent political expenditures, requiring disclosure of political expenditures to corporate shareholders, and giving corporate shareholders the power to approve or disapprove such expenditures in advance.”
Otto, a civil rights attorney, stresses that American firms have failed to adhere to civil rights laws. Otto declares corporations have installed surreptitious strategies to illegally discriminate against the entire American workforce. The result is a betrayed American dream of “fairness to all.” The author of “Jerry Maguire” was spot on “just follow the money.”
“Written into America’s genetic code is the proposition that the United States will always protect American jobs in order to bring the American dream to all. If you study, work hard and are faithful to America, then you will be treated equally and have every opportunity offered to you. By betraying the American dream, corporations are gambling with a direct assault on America’s values, money system and our economic past and future. It’s all done by sleight of hand, concealed by economic double-speak.”
These discriminatory actions now practiced by U.S. employers is the reason behind James Otto’s pioneering lawsuit against Beasley v. Molina Healthcare, Inc., filed in Long Beach, Calif. Here, 225 highly trained American workers were replaced by Molina Healthcare, Inc. and Cognizant Technology with foreign workers. The complaint alleges the company falsely swore to the Department of Labor that it was not replacing any U.S. worker by bringing in over 500 foreign workers. According to the lawsuit, the Director of Human Resources’ investigation established testimony from 160 IT employees testifying to the rampart segregation of U.S. workers; the budget manager has testified that Molina had plenty of work but decided to fire all U.S. workers; and two directors of the IT Department have stated that Molina did intend to segregate all American workers out of their labor market.
Perhaps equally egregious, the lawsuit alleges that “the entirety of Molina’s annual income comes from the U.S. taxpayer via the federal government, which pays the Medicare and Medicare claims filed by Molina’s insured. In other words, public monies fund Molina that has collected over $9 billion dollars from the U.S government just in the last three years and spent a large portion of the taxpayer’s money to fire American workers and to hire an abundance of workers brought in from India.”
According to the lawsuit, “By way of Molina’s operations, several billion of U.S. taxpayer dollars have gone directly to India without any benefit to the American economy or to the U.S. taxpayer.”
The complaint further alleges that “After the mass layoff of all U.S. workers, the IT Department exceeded its annual budget by over $5.5 million dollars only three months into the year, due to the increase in the number of laborers from India. Yet, Molina’s management continued to insist on hiring the more expensive cognizant H1-B contractors over the less expensive U.S. workers, who were more experienced and knew Molina’s business systems.”
In a testimony before the Senate Committee on Finance, Treasury Secretary Timothy Geithner said he is in favor of expansion of H-1B visa programm, offered to highly skilled professionals and students to live and work in the U.S.
On Dec. 7, 2011, Secretary of State Hillary Clinton, through the U.S. Embassy in India, announced that the State Department has authorized the U.S embassy to allow the admission of a limitless number of foreign workers into the U.S. to take jobs that millions of unemployed Americans could and would and should do.
The practical implications of the State Department’s conduct is that every U.S employer can now hire as many foreign workers as they desire to replace all American workers.
In a rear guard action, Senators, Dick Durbin (D-Ill.) and Charles Grassley (R-Iowa), are attempting to limit the harm to Americans and American jobs by proposing to limit the number of imported foreign workers to 50% of a company’s U.S. workforce, the so-called 50/50 rule.
The U.S. government invested an undisclosed sum in Armenia to train workers to compete with U.S. workers.
Between 2001 and 2006, the average number of admitted foreign “workers and trainees” into the U.S. was only 860,000.
However, these numbers increased drastically beginning in 2007, to 1,932,075. In 2010, that number had grown to 2,816,525.
Every admitted foreign worker or trainee was admitted on an employment visa, which required every foreign worker had to be employed by a U.S employer before entering the U.S.; thus, every foreign worker was taking jobs that either would have been available to or were already occupied by U.S. workers. In the category of “Worker and Families” that were admitted into the U.S., the numbers increase by an average of 74% per year. Because many of these families include a working spouse, the impact on U.S. workers and lost U.S. jobs could be as much as doubled.
Americans feel the disconnect between “no jobs available” and importing millions of foreign workers. Is it purely coincidental that from 2008 through 2010, 8.4 million foreign workers found U.S. based jobs, while, according to the U.S Bureau of Labor Statistic, during the same time period, the U.S. lost approximately 8.4 million jobs.
The segregation of Americans out of the American job market is soon to be complete. There are “foreigners only” want ads all across the country. Outside of Chicago an advertisement for a SAS programmer boldly states, “H-1b Holders Only.”
Another advertisement is for an Entry Level job for foreign students – ONLY. A third advertises “Walk-in Interviews” for a job opening in New Jersey – but you must go to Pune, India to interview! Indian headhunters are recruiting abroad for K-12 teachers, cancer surgeons and real estate salespersons to work in the United States. Exelon, an information technology staffing firm based in Rolling Meadows, Ill., posted an advertisement for a technical writer to work on projects for a Chinese client. The advertisment read “arrogant American(s)” need not apply.
American college students are faced with employers who will only hire foreigners. The U.S. government has established preferences for foreign students to get into a U.S based school and the gives them preferences to jobs while in college, through the OPT and/or CPT visas. Over 2,000 jobs for entry level college graduates can be found on the internet at any one time. Yet, more than half of those job opportunities are for foreigners only.
“The result is an inequality that is rapidly undermining democracy,” says Otto. “Like an odorless gas, every corner of our country is being sapped of its strength. The evidence of the economic pollution is everywhere. As Bob Dole once said, ‘The poor don’t contribute to campaign funds.’ Our government is consistently favoring the rich. This is the sad source of the problem.”
James A. Otto, a former Marine Corps officer in the 1970s, is an attorney based in Northridge, CA. He served as an Officer in the United States Marine Corp. from 1976 to 1980. From 1996 to 2002, he worked for the California Department of Fair Employment and Housing prosecuting violators of California’s civil rights laws in both employment and housing. Presently, he is developing new legal theories to protect American workers and green card holders from national origin discrimination. Details: <http://lawofficeofjamesaotto.com/home/>
