After destroying US economy and throwing tens of millions of Americans out of work, Trump plans to Make America Great Again by opening flood gates for cheap foreign labor, exact opposite of his 2016 promise-Munro

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Trump apparently believes he can be re-elected with a policy that National Interest is best served by importing and hiring cheap foreign labor ahead of Americans, the opposite of policy he promised in 2016. Not a problem says Jared: “The trailer parks are rock-solid. What choice do they have? They’ve got to vote for us.’ Jared Kushner, for one, has made that point out loud.”...“No one has more contempt for Donald Trump’s voters than Jared Kushner and no one expresses it more frequently,” [said Carlson]…."The president’s famously sharp instincts, the ones that won him the presidency…have been since subverted at every level by Jared Kushner.””…Yes, but decisions are ultimately Trump’s. Whoever Ivanka’s repulsive, Soros business partner, exact opposite of Trump voters husband was, Trump was going to slobber over him.
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Aug. 13, 2020, “State Dept. ‘Guts’ Donald Trump’s Curbs on Fortune 500’s Visa Workers,” Breitbart, Neil Munro 

“The [Trump] State Department is allowing Fortune 500 companies to freely import H-1B visa workers for jobs needed by American voters, despite President Donald Trump’s June 22 Executive Order barring nearly all visa workers… 

"is an insult to working men and women of the United States,” said Kevin Lynn, the founder of U.S. Tech Workers.

[Kevin Lynn} “There are less than 90 days to go in the election. How can he persuade Americans he’s keeping any of this 2016 promisesif he allows [his] the State Department to nullify and gut the E.O. he signed to protect Americans from [outsourcing by Fortune 500 companies]? More than that–I think it is beginning to make Trump look stupid in front of the voters.”

The exemptions are “expansive,” admitted Greg Siskind, a lawyer who is working to widen the pipelines of foreign doctors into U.S. hospital chains. “They are backing off…that could be good news for thousands of you guys,” he told his clients. 

On August 3, Trump met with Lynn and several employees of the Tennessee Valley Authority to announce he would block the outsourcing of their jobs to H-1B workers imported by three staffing companies. Trump said: 

[Trump] “It doesn’t work that way. As we speak, we’re finalizing H1-B regulations so that no American worker is replaced ever again. H1-Bs should be used for top, highly paid talent to create American jobs, not as inexpensive labor program to destroy American jobs.”
 
On June 22, Trump signed another Executive Order to close down the pipeline of white-collar H-1B, J-1, and L-1 workers, as well as the pipeline of H-2B manual laborers. The E.O. [was] is expected to temporarily bar the arrival of perhaps 80,000 H-1Bs, plus thousands of J-1s and L-1s, while hundreds of thousands of new graduates and fired professionals look for jobs. Trump also directed his agency deputies to write new regulations that would reduce the Fortune 500’s widespread use of visa workers as cheap labor replacements for Americans. 

Trump’s [alleged] intervention to save U.S. white collar jobs is very popular among millions of American voters whose futures are threatened by the Fortune 500’s preference for docile and cheap visa workers. The CEO’s workforce policy keeps at least 1.3 million foreign graduates in U.S. jobs, even amid the dramatic economic crash caused by…[the] coronavirus. 

The official unemployment rate for U.S. tech grads has jumped to 4.4 percent, according to an industry association. But the calculation does not count the many U.S. tech grads who were forced into lesser careers by the many visa workers in the U.S.-India Outsourcing Economy. 

But the State Department’s June 12 bulletin [updated Aug. 12, posted below] provides a long list of many easy exemptions for Fortune 500 companies and their Indian staffing subcontractor.

The document says Trump’s directions: 

“include exceptions, including an exception for individuals whose travel would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. The list below is a non-exclusive list of the types of travel that may be considered to be in the national interest, based on determinations made by the Assistant Secretary of State for Consular Affairs, exercising the authority delegated to him by the Secretary of State.” Pompeo is the secretary of state. Carl Risch is the assistant secretary of state for Consular Affairs. 

The list of exemptions is very wide: 

“Travel [applications] by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. …The petitioning employer has a continued need for the services or labor to be performed by the H-1B nonimmigrant in the United States.”… 

[Kevin] Lynn…: “This is effing b…..Who the f… came up with these exceptions?…You can drive a Mack truck through this ….The exemptions basically cover anyone on an H-IB or a J-1 or an L-1….Boom! They’re in…with all the exemptions, there is no EO — they’ve eliminated the EO through the exemptions.” 

One of the most notable exemptions are for visa workers who have jobs at government agencies, usually via Indian-run staffing companies: 

“individuals, identified by the Department of Defense or another U.S. government agency, performing research, providing IT support/services, or engaging other similar projects essential to a U.S. government agency.” 

The document also provides exemptions to foreign workers who have taken jobs from Americans in “critical infrastructure,” such as the TVA jobs [allegedly] blocked by Trump: 

“The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. [Fourteen] Critical infrastructure sectors are 

chemical,
communications,
dams,
defense industrial base,
emergency services,
energy,
financial services,
food and agriculture,
government facilities,
healthcare and public health,
information technology,
nuclear reactors,
transportation, and
water systems.”… 

“When word of this gets out to the public that every E.O. he writes is not worth the paper it is written on,” said Lynn. “Because through exceptions, they become nullified.…He loses the voters’ trust and confidence.” 

He added,…"Tens of millions of Americans are under extreme financial duress…”…[State Dept. update posted below].
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Among comments:
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“Crusader Rob...a day ago 

This is what I don’t understand. Trump should have fired the deep staters in the State Department on day one of his presidency. If he won’t do this, why did we bother electing him? If he CAN’T do this, we don’t have representative government in this country.”
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Added: It's in the "National Interest" to import and hire cheap foreign labor ahead of Americans. Trump State Dept. long List of Exceptions to Trump Executive Orders, updated through Aug. 12, 2020: 

8/12/20, “Added: State Dept. long List of Exceptions to  Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” (last updated August 12, 2020)

“On June 22, the President signed Presidential Proclamation (P.P.) 10052, which extends P.P. 10014, which suspended the entry to the United States of certain immigrant visa applicants, through December 31, 2020. P.P. 10052 also suspends the entry to the United States of certain additional foreign nationals who present a risk to the U.S. labor market during the economic recovery following the 2019 novel coronavirus outbreak.

Specifically, the suspension applies to applicants for 

H-1B, H-2B, and L-1 visas;

J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and
any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas.  

The Proclamation does not apply to applicants who were in the United States on the effective date of the Proclamation (June 24), or who had a valid visa in the classifications mentioned above (and plans to enter the United States on that visa), or who had another official travel document valid on the effective date of the Proclamation. 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. 

Both P.P. 10014 and 10052 include exceptions, including an exception for individuals whose travel would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. The list below is a non-exclusive list of the types of travel that may be considered to be in the national interest, based on determinations made by the Assistant Secretary of State for Consular Affairs, exercising the authority delegated to him by the Secretary of State under Section 2(b)(iv) of P.P. 10014 and 3(b)(iv) of P.P. 10052. 

Until complete resumption of routine visa services, applicants who appear to be subject to entry restrictions under P.P. 10014, P.P. 10052, and/or regional-focused Presidential Proclamations related to COVID-19 (P.P. 9984, 9992, 9993, 9996, and/ or 10041) might not be processed for a visa interview appointment unless the applicant also appears to be eligible for an exception under the applicable Proclamation(s). Applicants who are subject to any of these Proclamations, but who believe they may qualify for a national interest exception or other exception, should follow the instructions on the nearest U.S. Embassy or Consulate’s website regarding procedures necessary to request an emergency appointment and should provide specific details as to why they believe they may qualify for an exception.  While a visa applicant subject to one or more Proclamations might meet an exception, the applicant must first be approved for an emergency appointment request and a final determination regarding visa eligibility will be made at the time of visa interview. 

Please note that U.S. Embassies and Consulates may only be able to offer limited visa services due to the COVID-19 pandemic, in which case they may not be able to accommodate your request unless the proposed travel is deemed emergency or mission critical. Prospective visa applicants should visit the website for Embassy or Consulate where they intend to apply for a visa to get updates on current operating status. 

Travelers [applicants] who are subject to a regional COVID-19 Proclamation but who do not require a visa, such as ESTA travelers (i.e., those traveling on the Visa Waiver Program), should also follow the guidance on the nearest Embassy or Consulate’s website for how to request consideration for a national interest exception.  

Exceptions under P.P. 10052 for certain travel in the national interest by nonimmigrants may include the following: H-1B applicants:

• For [applicants] travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research). This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic (e.g., travel by a public health or healthcare professional, or researcher in an area of public health or healthcare that is not directly related to COVID-19, but which has been adversely impacted by the COVID-19 pandemic).

• Travel [applicants] supported by a request from a U.S. government agency or entity to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations. This would include individuals, identified by the Department of Defense or another U.S. government agency, performing research, providing IT support/services, or engaging other similar projects essential to a U.S. government agency.
• [Job seeking] Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause financial hardship. Consular officers can refer to Part II, Question 2 of the approved Form I-129 to determine if the applicant is continuing in “previously approved employment without change with the same employer.”
• Travel [applications] by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States.  Consular officers may determine that an H-1B applicant falls into this category when at least two of the following five indicators are present:

1. The petitioning employer has a continued need for the services or labor to be performed by the H-1B nonimmigrant in the United States.  Labor Condition Applications (LCAs) approved by DOL during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioner’s business; therefore, this indicator is only present for cases with an LCA approved during or after July 2020 as there is an indication that the petitioner still has a need for the H-1B worker.  For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer. Regardless of when the LCA was approved, if an applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States, then this indicator is not present.
2. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. Employment in a critical infrastructure sector alone is not sufficient; the consular officers must establish that the applicant holds one of the two types of positions noted below:a.)  Senior level placement within the petitioning organization or job duties reflecting performance of functions that are both unique and vital to the management and success of the overall business enterprise; ORb.) The applicant’s proposed job duties and specialized qualifications indicate the individual will provide significant and unique contributions to the petitioning company.
3. The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent (see Part F, Questions 10 and 11 of the LCA)…. When an H-1B applicant will receive a wage that meaningfully exceeds the prevailing wage, it suggests that the employee fills an important business need where an American worker is not available.
4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. For example, an H-1B applicant with a doctorate or professional degree, or many years of relevant work experience, may have such advanced expertise in the relevant occupation as to make it more likely that he or she will perform critically important work for the petitioning employer.
5. Denial of the visa pursuant to P.P. 10052 will cause financial hardship to the U.S. employer. The following examples, to be assessed based on information from the visa application, are illustrative of what may constitute a financial hardship for an employer if a visa is denied: the employer’s inability to meet financial or contractual obligations; the employer’s inability to continue its business; or a delay or other impediment to the employer’s ability to return to its pre-COVID-19 level of operations.  

H-2B applicants

• Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or to satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction (e.g. associated with the National Defense Authorization Act) or IT infrastructure.
• Travel [cheap labor] necessary to facilitate the immediate and continued economic recovery of the United States (e.g. those working in forestry and conservation, nonfarm animal caretakers, etc). Consular officers may determine that an H-2B applicant falls into this category when at least two of the following three indicators are present:

1. The applicant was previously employed and trained by the petitioning U.S. employer.  The applicant must have previously worked for the petitioning U.S. employer under two or more H-2B (named or unnamed) petitions. U.S. employers dedicate substantial time and resources to training seasonal/temporary staff, and denying visas to the most experienced returning workers may cause financial hardship to the U.S. business.
2. The applicant is traveling based on a temporary labor certification (TLC) that reflects continued need for the worker. TLCs approved by DOL during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioner’s business, and therefore this indicator is only present for cases with a TLC approved during or after July 2020 as there is an indication that the petitioner still has a need for the H-2B worker. For TLCs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer.
3. Denial of the visa pursuant to P.P. 10052 will cause financial hardship to the U.S. employer.  The following examples, to be assessed based on information from the visa application, are illustrative of what may constitute a financial hardship for an employer if a visa is denied: the employer’s inability to meet financial or contractual obligations; the employer’s inability to continue its business; or a delay or other impediment to the employer’s ability to return to its pre-COVID-19 level of operations.

 J-1 applicants

• Travel [cheap foreign labor] to provide care for a minor U.S. citizen, LPR, or nonimmigrant in lawful status by an au pair possessing special skills required for a child with particular needs (e.g., medical, special education, or sign language). Childcare services provided for a child with medical issues diagnosed by a qualified medical professional by an individual who possesses skills to care for such child will be considered to be in the national interest.

• Travel [cheap labor] by an au pair that prevents a U.S. citizen, lawful permanent resident, or other nonimmigrant in lawful status from becoming a public health charge or ward of the state of a medical or other public funded institution.
• Childcare services provided for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19 or medical research at United States facilities to help the United States combat COVID-19.
• An exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to the effective date of the Presidential Proclamation.
• Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with “G-3” on Form DS-2019): An exchange visitor participating in an exchange visitor program in which he or she will be hosted by a U.S. government agency and the program supports the immediate and continued economic recovery of the United States.
• Specialized Teachers in Accredited Educational Institutions with a program number beginning with “G-5” on Form DS-2019: An exchange visitor participating in an exchange program in which he or she will teach full-time, including a substantial portion that is in person, in a publicly or privately operated primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution to the education of students in the United States.  A “specialized teacher” applicant must demonstrate native or near-native foreign language proficiency and the ability to teach his/her assigned subject(s) in that language.
• Critical foreign policy objectives: This only includes programs where an exchange visitor participating in an exchange program that fulfills critical and time sensitive foreign policy objectives.

L-1A applicants

• Travel [cheap foreign labor] as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit. This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic.
• Travel [America Last labor] based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction or IT infrastructure.

• Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause undue financial hardship. 

• Travel by a senior level executive or manager filling a critical business need of an employer meeting a critical infrastructure need. Critical infrastructure sectors include
• chemical, communications, dams, defense industrial base,
• emergency services, energy, financial services, food and agriculture,
• government facilities, healthcare and public health,
• information technology, nuclear reactors, transportation, and
• water systems. 
• An L-1A applicant falls into this category when at least two of the following three indicators are present AND the L-1A applicant is not seeking to establish a new office in the United States:

1. Will be a senior-level executive or manager;
2. Has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship; or
3. Will fill a critical business need for a company meeting a critical infrastructure need.

L-1A applicants seeking to establish a new office in the United States likely do NOT fall into this category, unless two of the three criteria are met AND the new office will employ, directly or indirectly, five or more U.S. workers. 

L-1B applicants

• Travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit.This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic.

• Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction or IT infrastructure.

• Travel by [America Last] applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause undue financial hardship.    

• Travel as a technical expert or specialist meeting a critical infrastructure need. The consular officer may determine that an L-1B applicant falls into this category if all three of the following indicators are present:

1. The applicant’s proposed job duties and specialized knowledge indicate the individual will provide significant and unique contributions to the petitioning company;
2. The applicant’s specialized knowledge is specifically related to a critical infrastructure need; AND
3. The applicant has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship.

H-4, L-2, and J-2 applicants

• National interest exceptions are available for those who will accompany or follow to join a principal applicant who is a spouse or parent and who has been granted a national interest exception to P.P. 10052. Note, a national interest exception is not required if the principal applicant is not subject to P.P. 10052 (e.g. if the principal was in the United States on the effective date, June 24, or has a valid visa that the principal will use to seek entry to the United States).  In the case of a principal visa applicant who is not subject to P.P. 10052, the derivative will not be subject to the proclamation either.

Exceptions under P.P. 10014 for certain travel in the national interest by immigrants may include the following:

• Applicants who are subject to aging out of their current immigrant visa classification before P.P. 10014 expires or within two weeks thereafter.

Travelers [applicants] who believe their travel falls into one of these categories or is otherwise in the national interest may request a visa application appointment at the closest Embassy or Consulate and a decision will be made at the time of interview as to whether the traveler has established that they are eligible for a visa pursuant to an exception. Travelers are encouraged to refer to the Embassy/Consulate website for detailed instructions on what services are currently available and how to request an appointment. 

Applicants for[America Last] immigrant visas covered by Presidential Proclamation 10014, as extended by P.P. 10052, including Diversity Visa 2020 (DV-2020) applicants, who have not been issued an immigrant visa as of April 23, are subject to the proclamation’s restrictions unless they can establish that they are eligible for an exception. No valid visas will be revoked under this proclamation.”
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