In so doing, Dr. Brook advances a position with which many self-described conservatives -- and even a good number of liberals and "Reagan Democrats" -- would disagree. The labels actually are irrelevant, but it is those labels and the misguided fealty to them and the principles which some associate with them, which are the true barrier to a real world solution acceptable to Americans. Instead of trying to make our positions and opinions fit a preconceived (and subjective and possibly incorrect) notion of how a certain philosophy is defined, perhaps we should concentrate on looking at an issue and asking whether we agree and what we would change (that is, let's look for a solution) rather than concentrating on whether our position is something that Ronald Reagan would have done, or Ayn Rand would have written, or whatever. But I digress.
It is helpful to explain for starters the program at issue here. An H1B visa is a speciality visa available only to employees engaged in a special occupation whose employer cannot find a citizen or legal resident who can fulfill the requirements of the position. The visa is temporary, and may be obtained only by the petition of the employer, not the employee. Only after the employer is granted the petition can the employee then apply.
Here is the problem. Americans are increasingly unemployed, underemployed and overeducated. The number of Americans not in the labor force is one of only two numerical figures to routinely increase in each new monthly jobs report issued by the Department of Labor (the other being the noncustodial civilian population, that is, people of working age not in jail).
Now, what does the H1B visa program have to do with this? On the surface, at least, it appears to have an admirable and worthwhile goal of helping American business find and keep truly unique talent not available domestically.
Except the reality is different.
Over the years, the program has become abused. The program was intended to help American companies find and keep truly unique and valuable talent which they could not find domestically (e.g., world class athletes, models, computer engineers doing something cutting-edge like blockchain technology, or certain key employees in basically the managerial or ownership classes (think the law firm partner from Hong Kong who comes to New York to build the global practice).
The result is that junior level white collar professionals, whether they be lawyers, accountants or IT engineers, as well as department store clerks (and the author knows examples of each), are increasingly consisting of H1B visa holders all too willing to undercut Americans of equal or superior talent for a shot at American salaries, generous American government benefits, landing a citizen spouse and maybe de facto permanent American residence if the march towards full nullification of the immigration laws continues at the current ramming speed.
American citizens on the ground know the sad truth about the H1B visa operation. They were born and raised here, played by the rules, studied and worked hard, and now find themselves competing at a distinct disadvantage in an economy where skills are commoditized, fraud (including the puffery or outright forgery of credentials) is on the upswing with violators willing to play good odds of Catch Me If You Can, and employers increasingly make hiring decisions on cost instead of quality.
Employers, to whom the program is geared, have long tried -- and largely, very successfully -- to game the system to
The immigration authorities are supposed to examine the veracity of these applications. These responsibilities are most often honored -- in the breach. If you think Immigration and Customs Enforcement is overburdened (or worse, told to stand down) in its mission to secure the southwest border, think the same with these work visa applications.
The H1B visa program was not meant to recruit foreigners when a suitable American citizen was "not available" at a certain price point (e.g., salary) or willing to travel most of the time domestically because they were single or otherwise without responsibilities or restrictions on their mobility. But that is what it's become: a cost-savings measure.
An "open borders, open markets" argument does not work, because for Americans, there are no open borders for them nor open markets for them. (This is a perspective not shared by foreigners, who, like it or not, came here from other countries exploiting American mediocrity and who may feel slightly sheepish at displacing the natives.)
A true free market involves reciprocity, a trade between equals. What we have today is a rigged system in which Americans are disfavored in their own country.