hi everyone this is joseph Tsang I'm the managing partner here at Tsang & associates
we are a firm that specializes in solving legal problems with creative solutions now today's video
is about everything that's wrong with trump's proclamation this video is made for two groups
of people the first are for the trump supporters we want to hold our president accountable he
made a good promise that he's going to improve the economy so let's see how he's going about doing it
the second are for the people that this proclamation actually does affect and see what are
some of the creative solutions around the problem so the june proclamation bans four groups of
people from entering the u.s to work why did trump do this well because there's millions of residents
and citizens without jobs the unemployment rate is at 13 he would like to bring that number down and
so he bans these four groups of people now that's mistake number one he chose the wrong four groups
to ban okay if he really wanted to improve the us economy and have more jobs he would increase the
e-2 treaty trader visa or expand the eb-5 program basically allowing every single foreign worker
that comes here to hire 10 or let's increase it to 20 employees right so for every 400 that comes
create 20 jobs and why don't you up that a little bit make it a level wage two or level wage three
job minimum salary forty thousand fifty thousand seventy thousand per employee that would solve the
problem very very quickly but instead of that he banned four groups of people from entering the us
because supposedly they are taking u.s jobs now let's examine each one of them carefully so the
first group of people are h1b applicants this is mistake number two he banned h1b applicants 95
to 98 of h1b applicants this is I'm just off the cuff here estimating they are already in
the us they were originally students and they are applying for h1b in the u.s very few of them are
actually overseas applying for h1b to come to the u.s so this ban wouldn't affect them almost
every single h1b applicant that I've come across they are all in the us trying to go from their
master's degree to their first job or if they're their phd to their first job now if they already
have an h1b then this doesn't affect them as well so he chose the h1b category to ban when in fact
less than five percent probably are even in the us so it doesn't affect them and by the way h1b
applicants are specialized and specially trained workforce they are not your everyday joe smo job
so if the average american got let go from a job an h1b applicant is not the reason why and the
h1b applicant when they come to the us are not going to replace that job it takes almost a year
before they are picked in the lottery before they are approved companies go out of their
way and spend maybe ten thousand dollars to apply for a h1b hold the position available for a year
for this candidate it is not a position that a normal joe smo is applying for so that's
the first thing that's wrong second are the h2b these are temporary workers coming in fulfilling a
couple months of work and then leaving one of the requirements to apply for an h-2b is that there
are no willing and capable us workers which means in this economy if there's tons of unemployment
and people are applying for jobs h1 h2b people don't even qualify they wouldn't be even be
applying for it but if they're nobody applying for those specific jobs and a job needs to be done
well then why don't we get them here to do it so h2b doesn't actually displace us workers either
the third category are j visas international students exchanging to come in the u.s or scholars
they don't really displace anybody's job they're not even here to do a job they're here to learn
so let's not even put them in the mix the fourth category is the executive transferee the lv says
l1a lmb these are high executives from overseas think sony general manager coming to the us to
build up the company or an international executive coming to the us starting company hiring all these
workers so they are not the type of people that are also fighting for the average american's job
either and also if they can't come in the u.s company isn't just going to hire somebody else
these are people who have been overseas executive manager for over a year managing tons of people
and only they have the specialized knowledge or capability to really start up the company in
the us or to continue to expand it's not your typical person that is displacing u.s workers
you could say well it's not really about them it's about their spouses we like them but we don't like
their spouses because their spouse will be have a open permit that can they can work at any job and
they are displacing us workers right let's dissect that a little bit more because this is actually
the same rationale as his april 22nd proclamation his april 22nd proclamation banned green card
holders from coming into the u.s new minted green card holders from coming to the u.s because
supposedly if they came they would be able to displace you as workers because now they can work
and now these four categories their spouses will be able to get a work permit and they can work
too and so they will displace us workers i want you to think about that for a sec these people
coming from overseas the italians the greek the chinese whatever they're coming to the us
what jobs are they going to be applying for that you will be displaced right or conversely think
if you were to go to a different country what skill set would you have that you're going to
displace people over there if you think about that a little bit more carefully you will see
they're not really competing for your job they're not going to replace you
no way right they don't really speak the language or even if they do speak the language they're
not familiar with the system there's a lot of reasons why they're not going to replace
you on the contrary think about how many things you pack when you go on vacation for two weeks
if you're a female or if you have a spouse you know you're gonna be packing a ton of stuff
you're gonna bring a lot of money you're gonna be spending you're gonna be enjoying yourself
so think about what the mindset of the people when they're immigrating to the u.s freshly
minted green card they're coming to the u.s in my experience as an immigration attorney people sell
their houses overseas they come to the us they're buying houses they're buying cars they're buying
furnishing they're spending a ton of money they're establishing their roots they're super excited
and they're making all these friends and all these connections basically what I'm saying is
it's not the same pool of applicants the freshly minted green card holders are coming in they're
not fighting for your job or my job the average american job the l1a h1b h2b j1 if they don't
come we're not going to get a job because they're not here and we are not let go because suddenly
they came it's a completely different economy the u.s immigration system and the labor department
has been doing this for decades and they've made this very very clear and the original policy was
already in place so this proclamation doesn't actually do what it's promising that it would
do yes I understand there are a lot of people that are unemployed yes unemployment is very high and
if we could get it down to four percent again it would be amazing but banning these four groups
of people it's the wrong way to do it there's better ways and I already suggested it but this
is definitely the wrong way of doing it all right so let's talk about the exceptions now
if you are unfortunately part of that small group of people of h1b applicants that are overseas then
that got selected in the lottery that now are planning on coming in october and now has to be
delayed potentially for two months but you can't because your job is of critical importance that
you need to come immediately well here's some of the exceptions provided in the proclamation
the first if you're doing anything that is health care related or if you're doing anything that's
of national interest or security defense or the catch-all if you're doing anything to help the u.s
economy recover if you're imperative to help the us company hire more workers well you kind of fall
under that exception if you are so specialized if you already got your h1b approved chances are
that you are part of that integral process to help the u.s company recover and to expand and without
you the u.s company can't and they cannot hire you more workers because they need your critical skill
then you qualify for that exception the same logic applies to the h2b to the j1 and to the
l1 specifically I mean for every l1 application you're going to include a business plan anyways
to talk about how the executive that's coming to the us is going to expand the u.s company
now every company is getting the eidl the ppp and they're all about to get the mainstream funding
so with this executive coming over you're going to make the twin argument of going to expand the
company and going to hire all these workers and the second argument you're not really displacing
anyone without this person you're not going to be able to hire anybody else so the second exception
is you can come on the different visa and just change your status right maybe you have your b1 b2
tours visa already or you have a b1 business visa if you you can still come on that visa and then do
everything that's allowed under b1 visa if you need to continue to extend you can extend that
visa and then when time permits you can change to your h1b or to the l1 whatever so you choose
you just have to make sure your application is done correctly it's honest you have to present
everything why you did what you did and that will be fine so the third exception is the o1 visa
category the o1 visa category is not part of the four that got banned um for a lot of people who
are on h1b or who are an l1 they are extraordinary in some way shape or form you just have to take
the application tweak it a bit and then you apply for the old one you still could have
come in the us if it's super urgent that you need to come totally doable have done a ton of times
and something worth exploring if you absolutely need to so these are three huge exceptions to the
proclamation that will still allow most people in if they're not in already so as a summary
this proclamation was supposed to improve the u.s economy by reducing the unemployment by adding 500
000 jobs to u.s workers by preventing four groups of people from coming into the u.s to steal the
500 000 quota available to them this is wrong on so many levels because they were not outside of
the u.s for most of them they were already here the people who are outside they will qualify for
a lot of the exceptions that will allow them in and even if they couldn't come in and even if they
didn't get the visa most likely the u.s company will not suddenly hire u.s workers because these
jobs that they were originally made for them are not available for the u.s worker anyways
so this proclamation is wrong on so many different levels now you could say I knew that I knew this
proclamation isn't really gonna get me my job back or it's not gonna suddenly create a job for me I
just don't like seeing these people I don't like seeing these executives these h1b people coming in
and living a better life they are smarter they are more capable they are more hardworking they have
two master's degrees I just don't like seeing them around well I don't have anything to say against
that yes it did accomplish that it did prevent a lot of smart capable wealthy well-connected
hard-working people from entering the country to make america great but I hope this video shows you
that this is what it did and not actually help the economy get better if you enjoyed this video if
you want to see more content like this please let me know i'm constantly experimenting with
different type of things so feel free to message me we'll love to help you thank you take care bye