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本帖最后由 junogogogo 于 2015-10-23 03:22 编辑
regulations.gov/#!documentDetail;D=ICEB-2015-0002-1394
Comment
In summary, the Regulation has many deficiencies. The following are but a few.
III. Executive Summary
A. Purpose of the Regulatory Action
This proposed rule is open to literally every foreign person in the world regardless of the ability to succeed at a U.S. school thus, the regulation does not seek bright students. The F1 nonimmigrant classification is available to certain academic students seeking temporary admission to the United States as full-time students at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program. In short, every and any school is a qualifying school. Thus, by definition, any foreigner who wants to come to the U.S. to attend elementary school qualifies under this regulation. The 911 terrorist would have qualified under this broad definition.
OPT is a form of temporary employment lasting 48 months, which is nobodys definition of temporary. Since the whole college experience begins and ends in 48 months, then the OPT program is a school unto itself 48 months is the course of study. A student can apply to engage in OPT during their academic program, known as pre-completion OPT, As admitted in this Regulation and in the Immigration Code this regulation assists the foreign student to change status to H1B thus eligible to replace a qualified US worker WITHOUT A DEGREE OR EXPERIENCE. or after completing the academic program, known as post-completion OPT. As admitted in the first sentence OPT is a form of [] employment. Clearly, the regulation is NOT meant for educational purposes but is in the end an employment program for and only for foreign students.
[NOTE: U.S. STUDENTS ARE EXCLUDED FROM THIS PRIVILEGED PROGRAM.]
G. Safeguards for U.S. Workers in Related Fields.
To guard against adverse effects on U.S. workers, this proposal would require terms and conditions of a STEM practical training opportunity (including duties, hours, and compensation) to be commensurate with those applicable to similarly situated U.S. workers. This is deceptive. The Regulation and definitions ensure that there are no similarly situated U.S. worker. The Regulation deflect the issue away from this U.S. worker or this employer to other employers of the same [undefined] size anywhere in the world. Lastly, the Regulations require comparison of students with U.S. workers that is the proverbial apples vs. oranges false comparison, leaving U.S. workers with no protection by definition since no worker can ever be similarly situated to a student.
The Regulations define similarly situated as
U.S. workers in other employers [not other employees of the same employer] of analogous size and industry and in the same geographic area [which will be strictly construed] of employment. Similarly situated U.S. workers would include U.S. workers performing similar duties and with similar educational backgrounds, employment experience, levels of responsibility, and skill sets as the STEM OPT student.
In Short By Definition There Are No Similarly Situated U.S. Workers Ensuring That No One Will Meet This Definition So The Employer Can Never Be Liable For Replacing Any U.S. Worker.. 1point 3acres
-baidu 1point3acres
In addition an employer is to monitor and record his own actions by attestation in the Mentoring and Training Plan. This Regulation is designed to harm U.S. workers because it leaves the FOX GUARDING THE HEN HOUSE.] The employer would also be required to attest that: (1) The employer has sufficient resources and trained personnel available to provide appropriate mentoring and training in connection with the specified opportunity; (2) the employer will not terminate, lay off, or furlough any full or part-time, temporary or permanent U.S. workers as a result of providing the STEM OPT to the student; and (3) the students opportunity assists the student in attaining his or her training objectives.
This Regulation is designed to leave the U.S. worker unprotected because by definition there are no Similarly situated U.S. workers thus, giving the employer an excuse/alibi to replace all U.S. workers with imported foreign student.
. 1point3acres.com
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请大家评论的时候多阅读草案,同时也看看人家的负面评论, 比如这一条。只是纯粹说一句支持和一些笼统的话并没有什么用,很多很多评论都是笼统的!
很支持之前有人提到,如果可以的话,现在在opt中的学生可以跟自己公司的HR和老板联系下,让他们提出一些评论或者建议,尤其是科技行业的!
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