Now Hiring: Extremely Competent Foreigners Required Not to Apply

As I write this post I am in the midst of the H-1B season. For those who are not educated on the subject, the H-1B is an immigration status and/or visa booked for persons in specialty professions. To the layperson, stating that a profession is a specialty appears rather weird. In the immigration context, it refers to, “an occupation that needs- (a) theoretical and useful application of a body of extremely specialized knowledge, and (b) attainment of a bachelor’s or higher degree in the specific specialized (or it’s comparable) as a minimum for entry into the occupation in the United States.”

A lot of, but not all, specialized occupations associate with STEM (Science, Technology, Engineering, and Mathematics) fields as well as fields that need post-academic degrees such as legal representatives and physicians.

This administration’s policies have impacted the U.S.’s capability to recruit foreign talent. On April 18, 2017, President Trump signed the “Buy American and Hire American” Executive Order, which “seeks to develop greater incomes and employment rates for U.S. employees and to secure their financial interests by rigorously imposing and administering our immigration laws. It likewise directs the Department of Homeland Security, in coordination with other agencies, to advance policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid recipients.” Section 2 of the “Buy American and Hire American” executive order breaks down the basic policy of the executive branch: to purchase American and hire American.

One of the problems with this policy, “Employ American” particularly, is its lack of understanding of an international economy. An international economy is partially thought about as the international exchange of goods and services. By providing favoritism to U.S. employees, People, and Legal Permanent Locals alike, the U.S. is neglecting the truth that to be a strong contender in any field, you need to understand your competitor’s strengths and weak points. Having foreign employees who are specialized in a specific skill set and/or way of conducting business with their respective house country, is important. : a nationwide of China with a degree in architecture whose company’s jobs are mostly based in China. This employee knows China’s metric system, culturally influenced style in architecture, and their specific way of carrying out the company. Moreover, mandating that the recipients of the H-1B, specialty occupation, status, and/or visa be the “highest-paid petition recipients,” deters petitioners, i.e. companies, from recruiting important foreign employees merely since the expense of employing them will be far too expensive and in turn, those companies will be forced to potentially work with less qualified candidates just because they are … American.

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