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Will Faulconer dare touch Trump's third rail?
H-1B visa for city staffer up to San Diego's chief Rubio backer
Just as Republican presidential candidates Donald Trump and Marco Rubio ramp up attacks regarding the controversial H-1B high-tech visa program, Rubio's most prominent San Diego backer may soon be asked to authorize use of the plan to hold on to what city auditor Ed Luna calls a vital employee in the city’s battle against cybercrime.
Marco Rubio
With the approach of Tuesday's Florida primary, Rubio has grown increasingly outspoken in defending his prior support of the H-1B program by attacking the California-based Walt Disney Company, alleging it had broken provisions of the visa law by laying off American workers in favor of foreign help.
“It is illegal now. It is a violation of the law now to use that program to replace Americans,” Rubio said during a debate last week. “If a company is caught doing that, Disney or anyone else, they should be barred from using that program in the future.”
Trump vowed to kill the program entirely.
“I know the H-1B very well. We shouldn’t have it, it’s very, very bad for workers,” Trump said, acknowledging he had used the visas for his companies in the past.
In San Diego's case, Luna asserts, an H-1B visa for an Indian citizen in his office who specializes in cybersecurity audits is justified by the severe scarcity of such expertise among U.S. job seekers.
According to the auditor, the worker, who has not been publicly identified, graduated from Creighton University in Nebraska and went on to get a master’s degree in information assurance from the University of Nebraska last year, after which he was hired by the City of San Diego.
Luna said he wasn't privy to details of the city's hiring procedures and couldn’t immediately explain why personnel staff signed off on hiring a candidate with a soon-to-expire student visa.
Jason Roe
In a March 10 opinion, the city attorney's office advised Luna that use of the H-1B program is legal for the city, with final approval up to mayor Kevin Faulconer, who has endorsed Rubio for president and whose political guru Jason Roe has been retained by the Rubio campaign.
"The City may employ an individual who is not a citizen of the United States if that individual is lawfully admitted to the United States for permanent residence, or is a nonimmigrant alien who has the legal right to work in the United States," says the attorney’s opinion.
"An H-1B visa grants a nonimmigrant alien the legal right to work in the United States."
The opinion continues, "The Mayor, or his designee, has the authority to decide whether the City will sponsor an H-1B visa applicant. Sponsoring an employee for an H-1B visa is an administrative act that binds the City to specific terms and conditions of employment established by federal law."
Notes the document, "An H-1B visa permits a nonimmigrant to temporarily work in the United States for a specific employer and in a specific position. The position must qualify as a ‘specialty occupation’ and the individual must be qualified to perform services in that specialty occupation."
According to the opinion, "An H-1B nonimmigrant may be admitted for a period of up to three years, and a subsequent extension may be granted for an additional three years for a total of six years. If the sponsoring employer dismisses the H-1B nonimmigrant for any reason before the end of the three-year period of admission, the employer must pay the reasonable cost of the employee’s transportation back to his home country."
Because the H-1B contract would commit the city to "to specific terms and conditions of employment established by federal law," mayoral approval is required by the city charter, the opinion says.
Luna points out that issuance of an H-1B visa is not guaranteed. Employers are required to participate in a random selection process, with petition submission beginning April 1. Because of strong demand, officials suggest applications be sent as soon as possible after the opening date. The auditor says the city is still exploring its options.
The H-1B visa question has long played a role in San Diego politics, with the most vocal local company in favor of expansion being cell-phone giant Qualcomm.
Nathan Fletcher
In the spring of 2013, ex-Republican assemblyman and Qualcomm executive Nathan Fletcher announced he was heading an effort by the company called "San Diegans United for Commonsense Immigration Reform."
“We have good paying, local jobs that are open today, and there are American educated workers who are qualified to fill those jobs, but each year, almost 20,000 American-educated degree holders are forced to leave our country to take jobs elsewhere,” said Fletcher at a March 13, 2013, news conference at Qualcomm headquarters.
Fletcher subsequently became a Democrat and placed third behind Faulconer and Democratic city councilman David Alvarez in a November 2013 special election to replace fallen Democratic mayor Bob Filner.
Here's something you might be interested in.
Will Faulconer dare touch Trump's third rail?
H-1B visa for city staffer up to San Diego's chief Rubio backer
Will Faulconer dare touch Trump's third rail?
H-1B visa for city staffer up to San Diego's chief Rubio backer
Just as Republican presidential candidates Donald Trump and Marco Rubio ramp up attacks regarding the controversial H-1B high-tech visa program, Rubio's most prominent San Diego backer may soon be asked to authorize use of the plan to hold on to what city auditor Ed Luna calls a vital employee in the city’s battle against cybercrime.
Marco Rubio
With the approach of Tuesday's Florida primary, Rubio has grown increasingly outspoken in defending his prior support of the H-1B program by attacking the California-based Walt Disney Company, alleging it had broken provisions of the visa law by laying off American workers in favor of foreign help.
“It is illegal now. It is a violation of the law now to use that program to replace Americans,” Rubio said during a debate last week. “If a company is caught doing that, Disney or anyone else, they should be barred from using that program in the future.”
Trump vowed to kill the program entirely.
“I know the H-1B very well. We shouldn’t have it, it’s very, very bad for workers,” Trump said, acknowledging he had used the visas for his companies in the past.
In San Diego's case, Luna asserts, an H-1B visa for an Indian citizen in his office who specializes in cybersecurity audits is justified by the severe scarcity of such expertise among U.S. job seekers.
According to the auditor, the worker, who has not been publicly identified, graduated from Creighton University in Nebraska and went on to get a master’s degree in information assurance from the University of Nebraska last year, after which he was hired by the City of San Diego.
Luna said he wasn't privy to details of the city's hiring procedures and couldn’t immediately explain why personnel staff signed off on hiring a candidate with a soon-to-expire student visa.
Jason Roe
In a March 10 opinion, the city attorney's office advised Luna that use of the H-1B program is legal for the city, with final approval up to mayor Kevin Faulconer, who has endorsed Rubio for president and whose political guru Jason Roe has been retained by the Rubio campaign.
"The City may employ an individual who is not a citizen of the United States if that individual is lawfully admitted to the United States for permanent residence, or is a nonimmigrant alien who has the legal right to work in the United States," says the attorney’s opinion.
"An H-1B visa grants a nonimmigrant alien the legal right to work in the United States."
The opinion continues, "The Mayor, or his designee, has the authority to decide whether the City will sponsor an H-1B visa applicant. Sponsoring an employee for an H-1B visa is an administrative act that binds the City to specific terms and conditions of employment established by federal law."
Notes the document, "An H-1B visa permits a nonimmigrant to temporarily work in the United States for a specific employer and in a specific position. The position must qualify as a ‘specialty occupation’ and the individual must be qualified to perform services in that specialty occupation."
According to the opinion, "An H-1B nonimmigrant may be admitted for a period of up to three years, and a subsequent extension may be granted for an additional three years for a total of six years. If the sponsoring employer dismisses the H-1B nonimmigrant for any reason before the end of the three-year period of admission, the employer must pay the reasonable cost of the employee’s transportation back to his home country."
Because the H-1B contract would commit the city to "to specific terms and conditions of employment established by federal law," mayoral approval is required by the city charter, the opinion says.
Luna points out that issuance of an H-1B visa is not guaranteed. Employers are required to participate in a random selection process, with petition submission beginning April 1. Because of strong demand, officials suggest applications be sent as soon as possible after the opening date. The auditor says the city is still exploring its options.
The H-1B visa question has long played a role in San Diego politics, with the most vocal local company in favor of expansion being cell-phone giant Qualcomm.
Nathan Fletcher
In the spring of 2013, ex-Republican assemblyman and Qualcomm executive Nathan Fletcher announced he was heading an effort by the company called "San Diegans United for Commonsense Immigration Reform."
“We have good paying, local jobs that are open today, and there are American educated workers who are qualified to fill those jobs, but each year, almost 20,000 American-educated degree holders are forced to leave our country to take jobs elsewhere,” said Fletcher at a March 13, 2013, news conference at Qualcomm headquarters.
Fletcher subsequently became a Democrat and placed third behind Faulconer and Democratic city councilman David Alvarez in a November 2013 special election to replace fallen Democratic mayor Bob Filner.
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