American companies should hire Americans first

OPINION:

For decades, hundreds of thousands of American employees have been laid off across the U.S. by American companies such as Disney, Meta, Amazon and even public universities.

Meanwhile, these same companies have continued to hire foreigners who do not compare in quality to American labor, both within and outside the U.S.

Shareholder returns should not trump care for American employees.

With the revelation of Somali fraud by young YouTuber Nick Shirley, it is clear the American people are unwilling to tolerate the theft of billions of taxpayer dollars by immigrants.

One example is the comprehensive network of India-based fraud that has devalued American skilled STEM labor.

This fraud has also come at the expense of vulnerable Indian workers who are simply trying to pursue the American dream through legitimate means.

Last year, Forbes reported that H-1B work-arounds have been used to avoid paying Indian workers fairly. Other accounts suggest employer exploitation through visa control, since a visa is tied to an employer.

Companies have also underpaid staff by diverting funds that should have gone to wages to cover visa sponsorship costs, and they have used visa loopholes to avoid paying payroll taxes on foreign labor.

The H-1B visa system is due for a major reform to reprioritize the American people. For years, American companies have turned a blind eye to Indian nationals using fake degrees and certifications bought off the black market for less than $5,000 each to obtain visas meant for individuals in specialty occupations.

Visa abuse is a threat to Americans who have gone through rigorous American curricula, costing tens, if not hundreds, of thousands of dollars, only to be passed over or replaced by a foreign worker.

In a YouTube expose similar to Nick Shirley’s, Tyler Oliveira uncovered various unoccupied commercial properties registered as the place of work for hundreds of H-1B employees. These locations were being used as fronts for contracting with American tech companies. It is a stealthy way to hire cheaper labor without disclosing sponsorship of H-1B visas.

Visa abuse has exploded to the point where American labor and talent are suffering from the influx of Indians in STEM fields. In the past year, companies such as Meta, Intel and Amazon have laid off tens of thousands of Americans, only to hire H-1B workers shortly afterward.

American employees have reported being forced to train their visa-worker replacements shortly before being fired.

The firings of hundreds of thousands of Americans have hollowed out patriotic towns across the homeland while American companies prioritize foreign workers and offshore American STEM jobs to India.

The Trump administration has successfully pursued many avenues to address the issue. In May, Rep. Glenn Grothman, Wisconsin Republican, introduced the OPT Fair Tax Act, which seeks to close the loophole that allowed American companies to bypass payroll taxes on foreign workers.

The Justice Department sued Cloudera Inc., a $5 billion California-based tech company, for discriminating against U.S. employees in favor of foreign visa holders for high-paying tech jobs. The administration also recently imposed a $100,000 fee on H-1B visas to prioritize hiring Americans.

Although the high fee is a deterrent, many other legal loopholes allow fraud in our immigration system. For example, if an immigrant does not have the funds for an H-1B, visas such as EB-2 (meant for those with exceptional talent) F-1 (meant for students) and Optional Practical Training (meant as a STEM extension for international students) have become work-arounds.

One man admitted to paying $500 to be listed as the fourth author on a computer science research paper in hopes of qualifying for the “Einstein visa.”

A foreigner now qualifies for a green card (and, a few years later, citizenship) with just 2½ renewals of these various temporary visas. One qualifies even sooner if married to someone who has already successfully completed the pipeline.

In April, Rep. Eli Crane, Arizona Republican, introduced legislation to reform the broken H-1B visa process. Still, neither the bill nor the $100,000 fee identifies a plan for those already in the U.S. who have abused the immigration system and been found guilty of fraudulent documentation.

Those found guilty of such deception should be given the highest punishment (10 years in prison), given the great cost their fraud has imposed on the American people.

The immigration pipeline is in desperate need of reform. It has established a network that has prioritized foreign labor, devalued American STEM degrees and led American talent into underemployment and unemployment.

In fact, skilled and qualified Americans undergo meticulous interview processes and are often denied the position in favor of noncitizens. Since the onset of COVID-19, according to the Bureau of Labor Statistics, 90% of net employment growth has gone to foreign-born workers.

This is a flagrant disregard for the country and people that created the foundation that has helped these American industries flourish.

The qualified Indian community brings great value to the U.S., but the American government should not allow foreign labor to game the system and replace Americans.

In honor of our 250th anniversary, which has reignited the nation’s patriotism, many other Americans and I urge American industries to stop prioritizing foreign labor and offshoring jobs for stock market gains. We call on them to hire the best and most skilled American workers and recommit their loyalty to the country that has served as the cradle for their success.

• Carla Sands is a former U.S. ambassador to Denmark (2017-2021) and a former member of President Trump’s Economic Advisory Council. Samantha Flanigan specializes in national security, defense policy and political strategy.