Harvard Sues to Reopen Loophole for White-Collar Illegal Migrants

Harvard is usually suing the federal government to restore a temporary loophole in which helps its graduates to get work permits — in addition to which can be fraudulently used by additional foreigners to get the jobs needed by American graduates.

Foreign customers “could lose their ability to pursue [jobs] because of the requirement in which students maintain F-1 [visa] status for the full academic year preceding their access to practical training,” says the lawsuit, which is usually co-signed by the Massachusetts Institute of Technology.

The loophole to be closed was temporarily opened on March 13 to help foreign students stay amid China’s coronavirus crash.

Long-standing rules for F-1 student visas require the students participate in at least a few hours of face-to-face classes.” Foreigners have never been able to get a visa for online courses — never, ever,” said Rosemary Jenks, policy director at NumbersUSA. “Why could we give out visas to do online studies?”

Ending the temporary loophole does little or no harm, she added:

the idea does not disrupt [foreign students’] education at all. They can still continue their studies online, just like the Americans. in addition to the idea only affects the few colleges which are going completely online. If they are doing some [face-to-face] classes … the idea does not affect them at all.

The face-to-face rule is usually important because many foreigners pose as fee-paying students to fraudulently get work permits via a huge variety of universities, ranging via Harvard to online-only “visa-mills.” In 2019, for example, hundreds of India’s illegal migrant workers enrolled at what they thought was an online-only university in Pennsylvania.

“For universities to be choosing to protect OPT when few of the Americas who are graduating via universities This specific year are going to be able to get jobs …  is usually criminal,” Jenks added

The risk of fraud exists because the federal government annually awards roughly 500,000 work permits to foreign students via the Optional Practical Training program in addition to the Curricular Practical Training program.

University officials strongly favor those work-permit programs, which they say help them win $40 billion in sales to foreign students.

although This specific year, many students inadvertently violated their visas — in addition to their chance for jobs — when their colleges shut down all face-to-face classes.

In response, DHS announced March 13 in which the idea could temporarily preserve the F-1 visas even when the students were only attending online classes.

The lawsuit was filed after a  July 7 statement said the loophole will close inside the fall. A second July 7 statement said:

[Foreign] students will not be permitted to enter or remain inside the United States to attend such schools although they are not barred via continuing to attend all classes at these schools via abroad. This specific approach balances students’ ability to continue their studies while minimizing the risk of spread of COVID-19 in our communities by ensuring in which individuals who do not need to be present inside the United States are not physically here.

although Harvard in addition to MIT want DHS to keep the online-only loophole for the coming year, in part because of the difficulty in keeping their student customers safe via the disease in classrooms:

Were Harvard or MIT compelled to improve the number of in-person sessions beyond those currently planned, the idea could also increase the risk to staff members—including facilities workers, janitorial staff, support staff, in addition to others—of contracting COVID-19 through increased interactions with students in addition to additional faculty in addition to staff. Most of these staff members reside outside of the immediate vicinity of their workplaces in addition to are at risk of spreading the virus across the greater Boston area

The colleges also do not want to redo the Form I-20 paperwork in which could show the students are eligible for work permits because they were enrolled in face-to-face classes:

Compliance with This specific requirement could require the university to issue a brand-new Form I-20 for each of its potentially thousands of students on F-1 visas in addition to to do so within 21 business days of the July 6 Directive. Doing so is usually not only unduly burdensome, although, in many cases, impossible because students are generally not required to register for particular classes until closer to the start of the semester.

The lawsuit downplays the money, in addition to says the DHS loophole should be preserved because officials haven’t jumped through the required legal hoops:

ICE’s action is usually procedurally defective under the Administrative Procedure Act. the idea should be set aside, in addition to the government required to abide by the guidance the idea put forward in March in addition to on which universities in addition to students relied in planning a fall semester during an ongoing pandemic.

The lawsuit is usually something of a risk because the OPT in addition to CPT programs were created as a corporate giveaway by White House staffers, not by legislators in Congress. This specific shaky legal foundation was recognized inside the November 2019 hearing for the DACA lawsuit.

Yet the lawsuit is usually just part of a larger political campaign to protect the university’s OPT cash cow, amid a growing recognition by Americans of the economic damage being done to their college-graduate peers in addition to adult children.

For example, grassroots groups of American professionals are asking President Donald Trump to extend his favorite June 22 reforms of the huge H-1B program to also reform the OPT program. Last week, multiple agencies announced they could rewrite regulations for many of the visa worker programs, including the OPT program.

Many foreign professionals work illegally inside the United States via regulatory loopholes, such as B-1/B-2 visitor visa.

Democrats in addition to business groups oppose the reforms.

although the brand-new lawsuit does sketch the two universities’ financial interest in preserving the university loophole:

Located in Cambridge, Massachusetts, the idea provides undergraduate in addition to graduate instruction in addition to degree programs to more than 23,000 students annually, including nearly 5,000 students who study inside the United States on F-1 visas. Harvard brings This specific lawsuit on behalf of itself in addition to its F-1 visa-holding students.

Plaintiff Massachusetts Institute of Technology (“MIT”) is usually a non-profit, private research university located in Cambridge, Massachusetts. the idea provides graduate in addition to undergraduate instruction to approximately 11,500 students annually, including close to 4,000 students who study inside the United States on F-1 visas. MIT brings This specific lawsuit on behalf of itself in addition to its F-1 visa-holding students.

Federal data provides more details.

A DHS agency reported in which Harvard had 8,775 registered foreign students in 2018, in addition to MIT had 4,863 foreign customers.  At roughly $50,000 per person in tuition fees, Harvard’s foreign students provided the university with at least $440 million in annual revenue.

In 2018, according to DHS, at least 1,913 of Harvard’s foreign students had won jobs with one-year OPT work permits. inside the same year, at least 1,176 MIT graduates held jobs with OPT permits. The federal agency also suggested in which 448 Harvard students in addition to 607 MIT graduates had three-year work permits via the STEM-OPT program.

Nationwide, roughly 500,000 OPT in addition to CPT work permits are used by foreigners to take jobs sought by the American graduates of Harvard, MIT, in addition to many additional famous or little-known colleges.

Many foreign students win jobs at elite companies, often with the help of co-ethnic hiring managers. The federal data shows in which in 2018, Amazon used the OPT program to hire 2,911 foreigners, Intel hired 1,348 foreigners, Google hired 1,193, in addition to Microsft hired 867.

The programs are supported by Fortune 500 companies in which prefer to hire workforces of compliant foreign graduates instead of outspoken American graduates who can quit their jobs to create rival products. In fact, many of these elite companies have workforces in addition to management teams in which mostly consist of foreign graduates.

although the Fortune 500 companies also gain when the OPT program provides replacement workers to a huge variety of their little-known subcontracting companies.

Those subcontractor gig-worker jobs were once filled by young American graduates who were starting careers in technology accounting, management, in addition to marketing.

The foreign OPT workers — mostly Indians — are willing to accept unpaid training, very low wages, in addition to long hours because they want to work several years in America in addition to because many are competing to get slots inside the H-1B visa program. If they get into the H-1B program, they can get green cards in exchange for many years of compliant work. in addition to sometimes, also for payments to their managers.

The OPT hiring process was described by an American immigrant tech-worker who called herself “Jennifer via brand-new York.” Jennifer said she has worked with many OPT workers:

Let’s say I’m an OPT. I just finished my basic English school. Guess what? I can’t find a job. Obviously I can’t find a job because I don’t hold the skills. .… today, what is usually the idea in which you [as a Fortune 500 subcontractor] are going to do? You’re going to train me on programming skills. You’re going to give me two, three weeks worth of training, in addition to guess what you’re gonna do, you’re gonna fake my resume …

You’re just going to go in in addition to fake my resume, in addition to go to the [Fortune 500] client in addition to say, ‘Hey, I have a special person in which has 10 years of experience.

Guess what? The true American in which has the true experience is usually today excluded. in addition to who’s going to verify the employment verification [claims]?  The [Fortune 500] client isn’t going to do the idea … [in addition to] you won’t do the idea because you’re lying.

The Indian-born managers at the Fortune 500 companies in addition to the subcontractors are happy to cooperate with the process, she said, because they get $500 to $1,500 for selling a job to an Indian gig worker.

The government’s unlimited OPT in addition to CPT programs also have a national economic impact. They provide subsidized imported labor for employers in expensive coastal locations, so skewing the U.S. labor market. In turn, This specific process transfers jobs, careers, people, in addition to wealth via Inside states to the Democrat-dominated coastal states.

The Fortune 500 executives ignore the subcontractors’ discrimination in addition to cheating because they are hiring disposable workers for routine starter jobs, such as software testing, patching, in addition to modifications.

although the Fortune 500 companies also prefer migrants because they want to minimize the number of innovative American tech professionals who can quit to develop rival technologies.

The discriminatory policy is usually safe for the Fortune 500 executives because they are not legally responsible for criminal or civil violations by their subcontractors. The legal shield works even when the violations are made obvious by the migrant workers’ lack of skills or fraudulent documents. The same legal rules protect real estate developers who hire subcontractors who staff their crews with illegal aliens.

Also, white-collar Americans must be excluded via This specific subcontractor process because the Indian managers know in which Americans are likely to expose cheating, discrimination, in addition to corruption inside the OPT in addition to CPT jobs, said Jennifer.

On June 22, President Donald Trump announced plans to revamp the H-1B program to ensure the idea cannot be used by Fortune 500 companies to fill up starter jobs. The reform came as grassroots groups of American professionals campaign to keep their jobs in addition to careers amid the aggressive outsourcing efforts by the Fortune 500 companies.

Follow Neil Munro on Twitter @NeilMunroDC, or email the author at NMunro@Breitbart.com.

Source : Harvard Sues to Reopen Loophole for White-Collar Illegal Migrants