After attaining standing for clients last November in their challenge against an illegal employment visa program called the Optional Practical Training program (or OPT), the Immigration Reform Law Institute (IRLI), along with attorney John Miano, today has filed a new complaint against the federal government, asking the D.C. District Court to find that another employment visa program violates federal law. IRLI is suing the Department of Homeland Security (DHS) over its new H-4 visa Rule which purports to grant work permits to spouses of so-called “high-tech” H-1B guest workers.

IRLI’s client, Save Jobs USA, is made up of former employees of Southern California Edison, a publicly-traded corporate utility recently made the subject of a bipartisan congressional investigation for firing hundreds of American workers after forcing them to train their cheaper foreign replacements. The case, Save Jobs USA v. USDHS (Civil Action No. 1:15-cv-00615), could have major implications for users of H-1B visas, such as the trillion-dollar tech industry, and their corporate lobbyists who are currently spearheading legislative efforts to dramatically expand the number of “high-tech” workers that can be imported into the country. On top of their complaint alleging, in part, that DHS exceeded its statutory authority and ignored statutory labor protections when it issued the rule, IRLI is requesting a preliminary injunction from the court against the program until a full trial on the merits of the case can be heard. DHS was set to start taking applications for work authorization on May 26, 2015.

Dale L. Wilcox, IRLI’s Executive Director, commented, “DHS admits its H-4 Rule will add as many as 179,600 new foreign workers in its first year and 55,000 annually in subsequent years. This is a slap in the face to the tens of millions of Americans suffering from unemployment and underemployment, especially those who are most vulnerable, such as students, seniors, single mothers and minorities.”

Wilcox continued, “The law states that foreign work permits cannot adversely affect American wages, but all we’ve seen during this administration is standards of living fall and outsized corporate profits continue to rise. We will continue the fight on behalf of the American worker and hold this administration accountable to the rule of law.”

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  • If you can find a way to shop this suit to Andrew Hanen’s courtroom, do so.

    • propagandaoftruth

      This is great news. Courts can do crazy things congresses can’t, like it or not. Maybe the pendulum can swing?

  • The only time I was told to train an H-1B, I quit on the spot. I kept most my lab notes at home, so that company was SOL.

    • Red

      This is the way I would go. Unfortunately some of these workers allow themselves to get into a position where they need severance pay, and are forced to train their replacements for a few extra paychecks.

    • Deacon Blue

      The one time we needed to hire an experienced QA/regulatory administrator {the previous incumbent had passed from cancer} I put an ad on Monster and I
      interviewed a really bright and enthusiastic woman from India. However, she was working elsewhere for pennies on an H-1 VISA and while I knew I would be
      getting her for a lot less money than she deserved? It just seemed like way too
      much paperwork and hassle for the whole VISA thing. She ended up working
      down the road for a company that makes specialized optics and she is still
      there from what I understand.

      Instead, we promoted a bright eyed QC inspector into the role with the caveat that she had to join ASQ and sit for the Quality Auditor’s Exam within a year and pass it to keep the promotion. That’s not an easy exam to pass, I had to study for a months to pass it! This kid took it as soon as sheand aced it. Certified Quality Auditor. She also went on to earn Six Sigma Green and Black belts. She is American. White. Divorced mother of a few kids. While I pay her more in salary than I could hire an H-1b’er for? I more than make up in savings in reduction of out of scope product and having to issue RMA’s from angry customers.

      Hire White – Hire RIGHT!

      • Guest

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    • sam sneed

      do what I do – teach them gibberish. “Always fork a graymalkin process before transgential annealing”

      “But how do I compile the code?”

      “err that’s unix see, first you have to compile unix. I have an old pdp 8 machine in the corner you can start with that”

      • Alexandra1973

        LOL Reminds me of that Star Trek TNG episode where the Ferengi were trying to make Riker give them computer control, and he pulled something similar. The Ferengi got owned.

    • listenupbub

      That is indeed an outrage. There should be a massive oversupply of chemistry grads and even chemistry PhD’s. I imagine the same for qualified ChemE grads.

      • The pukes in industry are engaged in labor arbitrage, with their corporations serving as modern-day plantations. There is a hilarious silver lining, however, such as when Indians and Pakistanis sabotage each other’s work, or when red Chinese engineers leave the US with lots of trade secrets stored on USB flash drives. They’re sometimes caught at airports with the stuff; why don’t they simply Fed-Ex it? I wonder how the resulting hemorrhage of proprietary technology squares with “saving money” for these corporate creeps.

        The only work I ever “leaked” was on production of liquid spin-on precursors for conductive oxides. This was while I was in grad school in Australia, being paid by the US company from which I was on leave as a continuing consultant. The recipient was a Japanese chemical company with which that US corporation had a joint-development agreement for precisely those sorts of chemical precursors, and I kept my old bosses in the USA completely informed about all of it, sending them copies of everything. I regarded it as good customer service, and so did everyone else involved. That’s the way these things are supposed to be done.

  • MekongDelta69

    This entire regime needs to sleep with the fishes.

    • John Smith

      After hanging from the trees.

      • Lexonaut

        We can make beef jerky! … … Beef … … As in complaint. Or something.

  • John Smith

    A lot of jobs are advertized that have already been filled or are to be filled by immigrants and all they have to do to NOT find anyone is to add a few qualifications that are direct fits to only the candidate they already have in mind. I’ve seen it done.

  • dd121

    Some how, I think it’s going to take more than a lawsuit to bring these liberals to heel.

    • JohnEngelman

      I am confident that the employers who are responsible for this policy usually vote Republican.

      • Red

        And give campaign contributions to both parties.

      • Deacon Blue

        As written previously you need to get out of “Engelman’s cube” more often.

      • listenupbub

        The employers responsible are probably Indians themselves.

      • bv

        Dems are disgusting but the GOP are equally scumbags because they’re looking for cash and will dump Americans from their jobs.

    • sam sneed

      I’m hopeful the massive collapse of microsoft will finally teach them a lesson.

    • I’m going with “all-night firing squads” for a hundred million, Alex. That’s not dollars, either.

  • IstvanIN

    It seems American’s who don’t commit treason in one way or another are the minority.

  • Luca

    Save Jobs USA. You would think that’s what labor unions should have been doing all along. Why else were they collecting dues? Oh that’s right, they needed the dues money to buy off and support liberal politicians and to bus workers to protest rallies

  • JohnEngelman

    There is no shortage of high tech workers. There is a shortage of employers who will hire American citizens with good generic skills they can train.

    • Deacon Blue

      I am split about this. I don’t need to hire near genius level IQ people to do piece
      work for me in my “factory” John but for sure I would like it a lot more if the folks
      who showed up for interviews were White males. Generally speaking, I’m
      paying $15/hr + benefits to line workers who assemble/kit out my products.
      That’s starting pay. A supervisor is going to be 25% more anyhow and I do not
      have anyone with the word “manager” in their title with a salary under what works out to $23ish/hour. In the last decade we have not failed to pay a Christmas bonus and it absolutely is a CHRISTMAS BONUS!

      The positions that would pay >$70K/year in my business would normally be
      earned by inside employees who show drive, initiative, intelligence, etc.

      So its rare that we hire the higher salaried positions from the outside.

      I value experience more than formal education and am partial to the devil
      I already know versus one that is a crapshoot. Additionally, seeing their peers
      move up and earn more is motivating/incentivizing to the others.

      “If he can make it so can I!” – this is a common theme in my building.

      But by “hi tech” if you mean “computer programmer” or something internet related then I don’t think we have very many people who would qualify as hi tech.

      Yet we do have plenty of college graduates with “arts” degrees working on
      the line. Some of them are quite bright and are promoted when the opp
      is available to supervisor or manager. Others last 6 months and leave for
      “something else” I suppose.

      I am happy to say we have ZERO people we sponsor on ‘H-something’ VISAS.
      None! I can’t think of any employees I have that are not US Citizens by
      naturalization or birth either. Just worked out that way.

      But “White and male” are fewer and fewer each year.

      *shrugs shoulders*

      No idea why this is so either.

      • Sick of it

        I have no idea either. I know a white guy who was desperate to keep his $9/hr factory job not so long ago. It was a much lower salary than he had ever earned, but he had kids to feed. Needless to say, the factory was shut down and operations moved overseas.

  • sam sneed

    These are the numbers: 4 million tech jobs in America. Zero new ones created since 2000. 260,000 Indians with fake degrees get to come in each year and take jobs from Americans. Allowing their wives too would increase that to 400,000 (they use arranged marriages so all have wives once they get a H-1B since that makes them rich). There are currently over 2,000,000 of them here. The American faces 90% unemployment after spending 200,000 on a degree and is told “you dont have enough experience” even if they are brilliant. The Indian has no experience and no degree and gets the job pronto at age 19. Thousands of brilliant american software engineers have at this point killed themselves or are trying desperately to flee america. IRS “20 questions” ruling makes it impossible to work for themselves of be free men. Tens of thousands of Indian run placement agencies now take 50% of pay. In the end, America WILL DIE. But for now, no one cares.

    • tetrapod

      As I’ve posted before, I work for the American affiliate of a European IT services company. The CEO is Indian, and virtually all open management positions are filled by Indians, which makes me increasingly bitter and resentful. It’s also changing the way I now view Indian friends I’ve had for years.

      I guess it’s just my natural white racism coming out.

      • listenupbub

        This is what I have been saying. These companies are run by Indians, and they are looking out for their own. It is non-white racism hurting whites, like always.

        • bv

          They’re behaving as normal people should behave. Had the previous owner been normal he wouldn’t have allowed foreigners to fill these spots.

      • Nonhumans

        What you’re experiencing is called “Brown-Privelege”.

      • I cultivated one as a friend, driving him to doctor’s appointments when his face was bandaged up after he walked into some sharp scrap metal sticking out of the dumpster at his apartment complex one night, only to be stabbed in the back later on. When I was called out of my lab to a “meeting”, I reduced the Currystani punk to tears in the conference room.

        They’re not our “friends”, and they never will be. If I ever work with another one of those sidewalk-pooping, moon-worshiping Subcontinentigroids again, it will be far too soon, and I will wish until my dying day that I had told Vikram to cowboy-up and take the bus to the doctor’s office.

        • John Smith

          Betrayal comes easy when you’ve got a billion other turban-wearing monkeys to scramble over to get to the head of the curry line.

    • Spaniard in LA

      Several weeks ago at my local gym, some Mexican guy was telling me he was brought over by an Indian agency to work in IT. According to him the agency keeps 48% of his pay. The sad part about it is that my gym partner graduated with a degree in Computer Science and yet can’t find a job. Really, I had no idea these type of agencies even existed. Pathetic!!!

      • belajadevotchka2

        Not sure if you read my post in another article but my husband went through indentured servitude with these human traffickers then was canned as soon as he was able to chage immigration status to permanent resident because they would have had to start paying him better plus all the taxes and insurance the company would have to pay. This govt has it all worked out to have this country flooded with low IQ non white slaves. My husband happened to be one of the 0.0001% immigrants who was White, BTW.

        • Samuel Hathaway

          Now, if we can just keep him here. White being reason enough to enrich our society.

      • Alexandra1973

        Nowadays, it seems, the only thing a college degree guarantees you is debt. Student loans and the like.

      • Samuel Hathaway

        The racial strata is popping up in many areas of society. The foreclosure crisis hit some communities not more than several miles away from our area; we recently found out that east Indians are buying up foreclosed homes and then renting them out, mostly to Hispanics and blacks. The swim tennis clubs out that way are now shutting down, as blacks and Hispanics aren’t real fans of signing up on swim teams and playing tennis.

  • sam sneed

    will the last brilliant person who has fled america please shut the door behind them

  • IKUredux

    Yeah, that’s a righteous lawsuit allright. What would be an even more righteous lawsuit would be a class action lawsuit of Americans against Congress for giving away our country.

    • kenfrombayside

      Ive have plenty of mail this weekend to “process” from candidates and orgs. I am writing notes of protest against our anti-white I migration policy. I also vote in each fed election. If you say or do nothing, you are part of the problem.

    • I would prefer class-action lamppost hangings.

  • listenupbub

    Do yourself a favor and go to the websites of some tech companies near you. Then find who manages them, who is the CEO. Look at who is the CEO of Microsoft. What race are they?

    This race is just acting in the interest of their tribe. Everyone is allowed to do this but whites. This is why we need a homeland, and I propose we just go back to the continent we came from since America’s problems are getting too big to be solved.

    • Rustler

      The truth is that CEO’s of large corporations are still mostly white, Protestant men.

      And every single one of them without exception is a traitor.

  • E. Newton

    A citizen of a nation has to sue his government to attain preferential work status over a foreigner. I feel pity for any man, woman or family member of that person that fought any of this nation’s pointless wars. What could be a greater betrayal than this?

  • belajadevotchka2

    I hope that POS company gets annihilated in that lawsuit. This government and every company and every shareholder that benefits from these human trafficking slave permit visas should be brought up on racketeering charges under the RICO laws and every worker who was ever harmed by even one penny should split the spoils of their mangy carcasses.
    I hate their rotten faces.

  • nordicman

    I wouldn’t train my racial replacements for anything. I’d make their life a living hell.

    • Malgus

      Oh, I’d “train” them… heh, heh…

      If everyone “trained” their replacements the way I’m thinking, work and production would grind to a halt rather quickly…

    • bv

      I can’t imagine that, can you? Training the person whose going to take your job!

      The management has the nerve to do this. Just like the fools at the GM plant in Flint cheering when they finished assembling their last car.

  • sam sneed

    I have to say, throwing 260,000 of our best and brightest engineers into the unemployment lines each year so we can bring in 19 year old indians with fake degrees they got in 4 weeks on top of a curry restaurant, well, it’s just good for business. think of the cost savings!!!

  • Paleoconn

    Good news story of the day.

  • propagandaoftruth

    Yeah, I can kind of feel it. CR? Not Ticoland?

  • I never saw that movie; I deliberately toned-down my explanation, so as to make it past the moderator, though I do consider it in exactly John Goodman’s terms.

    [email protected]#* You” money is the only security anyone can have in this life, aside perhaps, very occasionally love, but the latter only when one is really lucky. Automatic rifles are a solid third.

    I never wanted a career, but I wanted enough on which to live, so I am happy about that.

    • voiceofstl

      LOl There was a Burt Reynolds movie where he was also a gambler and he talked about all he needed was F&*& U money.

  • Samuel Hathaway

    Discrimination based on national origin, our national origins, will never be tolerated. Sue. Be loud. Make it known that this kind of anti-American radicalism has no place in a free, and just society.

  • MooTieFighter

    So what do we do about this problem? There are a group of people living among us whose cultural level is equivalent to Stone Age man. Spending more money on education won’t work – Baltimore already spends the 3rd most per pupil of any city in the nation, only Boston and one other spends more. and the kids in Boston are ready to become doctors, scientists, technologists. The Baltimore high school students throw stones at cops. Throw stones.

    Progress is marching forward quickly, like never before. These Stone Age people are left behind, and that makes them feel powerless. That makes them angry.

    What can we do? End progress? Stop the march of civilization, stop the research into the human genome, stop the space program, stop everything that makes these savages feel stupid? We have pandered them, spent untold trillions on them, coddled them, pretended their insanity was reasonable – we’ve done anything and everything to try to move them forward. But their response is to fling stones at us.

    What can we do? Does civilization itself have to end because these people can’t cope with it?