Trump Giveth and the Deep State Taketh Away

Dear All:

The Oxford dictionary defines the word “exception” as “a person or thing that is excluded from a general statement or does not follow a rule.” It comes to us from the Latin, “excipere” or to “take out.” So, if in the course of common everyday parlance, if a person states that something is an exception, one would rightly assume that the exception(s) would be limited and those granted an exception would be exceptions only after a great deal of due diligence.

Tragically that is not the case with how the swamp creatures in our Department of State (DOS) chose to implement President Trump’s Executive Order 10052, Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.

In his executive order that suspended the admittance of several employment visa categories to include H-1B, H-4 EAD, L-1 and J-1, the President did allow for certain exceptions:

  • “Consequently, I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions.”

But in complete contravention to the intention of Executive Order 10052, the DOS published a bulletin on August 12 pretty much making anyone with an employment visa an EXCEPTION to the rule. In the prologue, the bulletin states:

  • “If an H-1B, H-2B, L-1, or J-1 non-immigrant is not subject to the Proclamation, then neither that individual nor the individual’s spouse or children will be prevented from obtaining a visa due to the Proclamation. The Department of State is committed to implementing this Proclamation in an orderly fashion in conjunction with the Department of Homeland Security and interagency partners and in accordance with all applicable laws and regulations.”

The exceptions for H-1B visa holders border on the ridiculous. For all intents and purposes, if an LCA (Labor Condition Application) was approved during or after July 2020, and the sponsoring employer states the H-1B is essential, the worker is in. If the H-1B is working in some medical capacity to include research – s/he’s in. If the H-1B provides IT services to the federal government – s/he’s in. If the L-1 visa holder can be shown to provide needed services – s/he’s in, etc., etc.

For the U.S. citizens who graduated in good standing from medical schools who hoped to get some relief due to the suspension of J-1 alien physicians who missed getting to their residencies on July 1 – FORGET ABOUT IT! Interns and trainees are exceptions.

There also are exceptions for H-2Bs, L-1Bs and even au pairs!

I kid you not. The wealthiest and least vulnerable Americans got to keep their foreign babysitters. Don’t get me wrong – I had relatives who came to this country as au pairs. But the question is, with so many millions of Americans unemployed, shouldn’t jobs be filled by Americans first – those already here? I am sure thousands of Americans would love the opportunity live on a tech giant’s compound and watch their brats while hanging out in exotic vacation destinations.

It is obvious to me that the Deep Staters at DOS pretty much implemented what the American Immigration Lawyers Association (AILA) told them to. DOS promulgated guidance that our Fortune 500 plantation owners could drive truckloads of employment visa holders through.

As the title of this week’s sermon reads, Trump giveth and the Deep State taketh away. This DOS bulletin is emblematic of the rot that has overtaken many of our federal and state governmental institutions. Both presidential proclamations, 10014 and 10052, were in response to the very real needs and concerns of America’s productive classes. We were already seeing the positive effects of 10052.

In the past week, several tech workers have reached out to me and informed me that they have accepted job offers that are paying them far more than just a year ago. One person told me the job he just accepted is paying him a higher salary than he has earned in the past eight years.

You see, the salaries employers pay are not necessarily reflective of the current labor market, but rather, their future expectations. If employers come to understand that their pipeline of cheap labor is cut off, then they will scour the labor market for the available talent. In this instance, it is requiring them to pay more and find Americans to employ. And ladies and gentlemen, that is a very good thing!

Solidarność.