Other than in the past on a professional basis, when he wrote highly technical articles about IBM's AS/400 computer system, Brian Kelly receives no compensation for his work. Additionally, Kelly has not taken any donations or contributions other than for his US Senate Campaign of 2012. Mr. Kelly has recetly canceled his write-in campaign for the US Senate, and instead he  endorses Tom Smith for US Senator from Pennsylvania v. Robert P. Casey Jr.  If you would like to donate to the closed campaign to help defray costs, feel free to go to www.kellyforussenate.com and click the DONATE button. Your donations are most appreciated.

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Please enjoy the rest of this article.


After border abuse, comes visa abuse. But, with the latter, it is all perfectly legal. One of my largest books by page counts to date is titled, Americans Need Not Apply! I finished this book in 2011. It is still very current. Foreign work visa holders (legal aliens) are enjoying those great jobs that once were assured to our adult children. Nobody wants to hear this but nonetheless, fifty-three percent of all Americans with a bachelor’s degree under the age of 25 are either unemployed or underemployed. Eighty-five percent of 2011 college graduates have already moved home with mom and dad. Just like the most dangerous place for a baby is in the womb, the most dangerous place for a job seeking American today is—in America—especially if you are a recent college graduate. Yet, the legal aliens that hold the jobs in America seem to be doing just fine.

Has government stopped working for the American people? The book, RRR: a unique plan for economic recovery and job creation sees illegal and legal immigration as a major cause of American unemployment today. Yet, it is not politically correct to talk about it. The book does not address porous borders or illegal / legal immigration per se. Its purpose is to demonstrate that it if we could create a lot of jobs for Americans in the private sector or public sector, it does not help Americans if the jobs are given to foreign nationals – illegal or legal.

The RRR plan acknowledges that a good part of the blame for the lack of American jobs is the lack of immigration and visa protection by our government. Washington does a lot worse than nothing. American jobs are being taken away by the millions by foreign nationals and instead of stopping it; our government enables it. Even Mitt Romney’s counter to the recent Obama de-facto Dream act was filled with promises for legal immigrants to get jobs in America. Mr. Romney, and Mr. Obama need to be awakened that there are few jobs today that are available and those that are go first to foreign nationals and then to Americans.

Some may argue that all the good jobs have already been offshored. It certainly is true that millions of our best jobs in all industries, white and blue collar alike, have gone overseas. This article is not about those jobs, though any real jobs plan must the negatives of offshoring, and RRR surely does that. It clearly addresses how to fix offshoring. Foreign nationals taking American jobs, is a lot easier problem to fix because it is caused by the US government. Yet, it is not politically correct and both President Obama and candidate Romney are more interested in pandering to Latinos than assuring Americans get jobs before foreigners. If we replace those in charge of Congress, and Mr. Romney decides that he is for Americans first, the unemployment problem caused by immigration of all kinds will go away. There is no chance of any improvement if Mr. Obama is reelected.

Five to ten million American jobs and perhaps even more have been taken from Americans by both legal and illegal foreign nationals. The jobs are gone for the same reason they are gone when companies offshore. Using foreign nationals in America is the moral equivalent of offshoring jobs. In both cases, non Americans are working and Americans are unemployed.

Companies seek cheap labor. Those companies that cannot take jobs offshore, such as housekeeping, construction, meatpacking, etc., do the next best thing for their bottom line. They hire work visa carrying legal foreign nationals as well as illegal foreign nationals to lower their overall wages. For Americans, it is no different than offshoring in its effect. A foreigner has taken an American job in America instead of overseas. Life becomes a bit better for the foreigner overnight, while doing irreparable harm to the American victim.

The Republicans do love cheap labor, while conservatives like American labor. Why the progressive liberals are voting for cheap labor is a mystery to me. Somebody should tell them they are after the same cheap labor that the Republicans seek. Liberal progressives whine about the rights of the poor and the underserved in America, yet, they create more poor people and more underserved people by advocating for amnesty. I regret that it seems that Democrats would love to forego charity for the poor for a vote for the Democratic Party. Only in this scenario does blind loyalty to Obama amnesty make any sense. A vote for a Democrat, despite the negative affect on a human being would be the only rationale for supporting a policy that hurts people.

Surely, many American jobs are still in America but they are no longer held by American employees. That is because American companies have a penchant for cheap labor. To read other opinion pieces of mine on illegal foreign nationals, please type the following titles into your browser: “Enforce immigration laws: quickest way to create good jobs for Americans!” or “Forget about the immigration EASY button; hit the immigration stop button. Both are found at conservativeactionalerts.com

Legal Immigration

If there is nothing wrong with legal immigration, whether it is from work visas or from green cards, or from foreign students taking the seats in the best American universities, then perhaps real Americans should just sit back and remain unemployed? Despites the pandering to the Latino community in particular, though not all jobs are taken by Latinos, excessive work visas hurt Americans in the workplace. Since companies use legal foreign nationals to drive down wages, it does not help the country overall? Ask yourself, do legal immigrants (those with a work visa, not a visa that leads to citizenship, contribute to American unemployment? The answer of course is of course. When Americans are out of work, the last thing that is necessary for Americans is more people to do the work.

When I was running for the US Senate Primary in Pennsylvania in the Spring, I presented my thoughts on the negative effects of work visas and legal immigration at a conservative rally in Lebanon PA. After my speech, a gentleman from the audience came up to me. He took issue with my perception, and the theme of this op-ed. He agreed with the problem with illegal foreign nationals but he had a problem with how I had characterized legal foreign nationals.

He had witnessed the process of potential citizens going to classes and pledging allegiance to America and all of the things that a normal immigration system provides for a country when foreign nationals are approved to work towards citizenship. He told me how heartwarming the process was to witness. He liked most of the other points I made in my speech about the RRR plan but he did not give me enough time to explain legal immigration’s effect on the American job situation and how Congress has stacked the deck unfortunately in favor of the foreign nationals and against American citizens.

Please note that I am not talking about those longsuffering souls who get in the big line and then learn history, government, and the English language, and then they say the oath of allegiance to the United States and become citizens. Hearing that oath spoken would melt anybody’s heart. I am not speaking about those people—though a million new citizens a year may be more than we can handle right now during this recession.

Since I could not explain it then, I am taking the opportunity now so I am not mistaken again. I am not talking about those people who get in line in their home country, go to the embassy, and apply and eventually go through the citizenship process. This is the process the gentleman from Lebanon observed. I am talking about those who use lawyers and chicanery to beat the system and beat Americans in America.

Long before thinking about becoming citizens legally via a work visa as opposed to an immigration visa, foreign nationals out-negotiate Americans for jobs in this country using a low wage demand as their favorite bargaining chip. Several million a year are admitted into the US, and they take the best American jobs. Some years more legal aliens are permitted in the US than those that come illegally.

Many Americans who think we do not do enough for immigrants do not know that each year more aliens come legally into the US than the total of all other countries in the world combined. If you do not believe that, check my facts! Those who come legally are guaranteed a job, as part of their work visa or they must go home. Rest assured, they almost never go home. Instead, they take your job or your children’s jobs! They are the biggest reason why recent American college graduates cannot find jobs.

After a number of years because the line to citizenship is long and there are many line-jumpers that delay their acceptance, eventually those that do it the right way get the call and they become citizens. After many years of waiting, with the last years holding permanent residency in the US with a green card, they go through initiation and they learn about America as they become citizens. These are not the legal aliens of which I speak.

About 1.5 million per year promise not to seek citizenship. Instead, they get a work visa or student visa. They pop in legally and take slots in our best schools and then take our best jobs when they graduate. To come to America on a legal work visa, these foreign nationals must promise to go home. But, they do not go home, and our weak government does not demand it.

Our government lies to those who come the right way and they lie to Americans and they make Americans feel guilty for not giving up our country to foreigners. They permit lawyers to override the intention of the visa holder by changing it miraculously into a green card application for permanent residence. Neither the gentleman from Lebanon, nor most Americans approve of this distortion as it hurts the sincere immigrant and favors the opportunist, who fraudulently and legally takes our children’s highest paying job opportunities.

These are the ones that hurt Americans because they must hold jobs in order to gain the green card status from their former non-immigration type visa. Why would a government that favors its own citizens permit this? The only answer I have is that our government no longer represents the people.

Our government decides to listen to their story and place them ahead of the line for permanent residency. Immigration lawyers make tons of money in this process. This chicanery is so outrageous and the numbers are so large that it hurts America and it hurts Americans. Americans would love to have the jobs these foreign nationals are given simply because Congress permits them to work for a pittance and American firms are happy to hire them for a pittance. They are not at all dummies. They are bright indeed, and they do well in the American workplace. These legal migrants are the major cause that wages in this country are going down, while inflation is going up. Don’t expect American corporations, benefitting from the lower wages to complain.

It would be wrong for the RRR plan to ignore this type of line jumping even though the line jumpers are legal. This is a trick by major corporations and academic institutions to exercise greed and increase their bottom lines. It may help them but this practice continues to have a devastating effect on the ability of American citizens to gain and hold the best jobs in America. .

Do colleges and universities do the right thing?

For a long time, I have not been happy about the way most American colleges and universities conduct business with impunity, offering no student guarantees at all. They leave students with huge debts from loans and they give them inadequate non-unique skills to fight for a job position in this economy. Perhaps even worse, they over-admit foreign students, often with preferential treatment to compete with their own American graduates. In some institutions, foreigners are given admission before Americans to help the university reach its “diversity quota.”

Moreover, for the sake of “diversity,” Universities have developed a penchant to hire foreigners to teach American students. They have no problem firing American citizens as faculty or staff to make room for those visa holders who will work for less money to teach at the institution. Many foreign national faculty members have a very difficult time with the English language and this hurts the prospects of a better education for American students. Yet, the financial deal of getting a fully qualified foreign national PhD for peanuts is so good that universities are thrilled to bring them on as low-level, low-cost faculty members, even if the students do not learn as well.

As a retired Assistant Professor from a Pennsylvania University, I cannot understand why anybody with a child in college or graduate school would not be upset that the only winners in the academic game today are the colleges or universities and the loan sharks who benefit from the usury level interest on student loans.

After commencement, three quarters of the student graduates flounder for many years trying to pay back the huge debt for an education that has not helped their lives. Recently I have read stories of student debt getting paid off so late in life that the government has had to begin garnishing social security wages. Please type the following into your browser to get my full perspective on the problems with legal foreign nationals, academia, and student debt: “Student loan deadbeats should be sent to debtor’s prison?”

Today, the bottom line is that a college degree does not provide the lifetime assurances that it once did. Legal foreign nationals have seen to that. Yet, somehow the universities have no culpability, even though they are the only ones collecting clean cash on the deal. Universities have no regrets when they have an assured income. American college-graduates, in increasing numbers, are not being employed in their chosen profession if at all, and they are coming home in droves to live. When parents go looking for reasons why their children are not doing well after college, they must look everywhere. The first place I would look is at the university’s programs and the credentials of its faculty. What promises were made to students to get them to enroll as freshmen? What was delivered?

Most Americans feel when their child is unemployed after a number of years after graduation, that there is something wrong with the kid. That’s why our government, lending institutions, and academic institutions get away with their charade. In many cases, an expensive university education is not the best thing for a high school graduate whose parents are not of means. More and more parents of children with debt, stuck with cosigning obligations, are beginning to talk to each other. They have taken notice to the huge student loan debt for such little job opportunity. Meanwhile, universities are continuing to increase their tuition and enrollment numbers, while there are no jobs for anybody but foreign graduates, who agree to work well below the normal wage.

Ironically, graduate school enrollments in universities are up because college graduates cannot get jobs. The new graduate that cannot find work elects to go even deeper in debt thinking they will be better prepared to get a good job. It is another charade. When American students come out of graduate school, they often find a foreign national graduate with an MS or an MBA from the same university competing to take away their job opportunities. Since the legal foreign nationals work for less, they are hired before Americans. It is the new America.

Parents should demand to see the university profiles to know what percentage of the students are American and what percentage are on student visas (foreign nationals). Parents should demand that universities stop granting admission to so many foreign students and they should demand that they hire Americans professors first for university teaching positions. Parents should get some level of guarantee that if their children attain such and such grades, they should expect to get a job upon graduation in their field of study. After parents spend all that money on a “quality” education, there is nothing to show when the child is unemployed. When universities are accountable for student graduate failures, things will improve in academia, but not until. Less foreign student admissions and less foreign professors is a good start.

Do legal aliens take jobs?

If I told you that anywhere from 1 million to 2.5 million foreigners per year take the great jobs for which your children as university students, have long prepared, you would be irate. Be irate then! You should know that our Congress and our President does not care how irate you become and their agnostic look at your problem continues to make the problem worse, not better, while they permit even more and more work visas to take more and more jobs from American college graduates.

On June 15, President Obama showed his disdain for jobless Americans by unilaterally implementing a de facto “Dream Act.” This unprecedented unconstitutional action thumbs a nose at hard working Americans and their college graduate children who cannot find jobs in the United States. It protects at least 800,000, and up to 2 million illegal foreign nationals from deportation. For a jobless, America, it adds insult to injury as it also grants them work permits, thereby adding millions of new job competitors to an already strained USA labor force. The US government and President Obama specifically, in this instance have proven without the shadow of a doubt that they no longer care about American citizens.

Having a work visa, most notably the H-1B white collar type assures that legal foreign nationals will get jobs before Americans. The typical ways that legal aliens get into the US are via the following:

1. Legal permanent resident program, known as the green card

2. Student visas

3. Student work visas

4. H-1B white collar visas

The H-1B visa is known for snatching the best jobs for which your children have prepared. In addition to those listed above, there are many other legal visas that enable foreign nationals to be in America and many permit them to work in America. Technically, they do not have a right to apply for citizenship but smart lawyers advise them around the weak constraints that are inherent in the visa system. Reading government visa documentation gives the impression that the government is doing all it can to take American jobs from Americans. In practice, it is what we find. Our Congress is very generous to foreigners by statute and by regulations with our jobs and our children’s jobs. They are not as generous with solutions when their foreign favorites take your kids’ jobs. As an aside that makes matters worse, 45% of illegal aliens did not jump the border. They simply stayed in America, where they remain today. In these times of few jobs and low wages for the jobs that now exist, the blame rests squarely on the backs of foreign nationals who will do anything to work in America. Americans, of course have no such rights in their home countries.

As noted previously, I wrote a book titled, “Americans Need Not Apply because foreigners in the work place are taking American jobs that Americans can no longer get. Americans are second choice for jobs in America. Entry job loss is caused by illegal foreign nationals taking unskilled, low-paying jobs while Professional job loss is caused by legal foreign nationals on visas taking highly skilled, high paying formerly American jobs. It is a big problem and the title of the book says it all, and quite correctly. It is a huge and growing problem and our government and President is not motivated to solve it. In fact, if you listen to any of the news outlets, other when the President issued his June 15 amnesty proclamation favoring illegal workers, it is not discussed as an important issue in our unemployment woes. Why do we not hear of it? It is not politically correct, and your son or daughter not being able to get a job is perfectly OK in this politically correct system.

On top of the fact that many Americans are put out of work by legal aliens, there is one additional issue that makes it even worse. Foreigners are sponsored by US companies until they get their green cards or until they become citizens or until they go home—often six or more years after getting your kid’s job! Often, they never go home. A recent statistic says 45% never go home. Once sponsored and hired, the legal alien is in many ways a slave to the corporation for which they work. However, it is clearly worse for them if they are not sponsored and hired. Therefore, they agree to work for substantially less wages than Americans.

In other words, the foreigners are not really winners and surely the American student graduates who are unemployed are not winners at all. So, if you or your child has been victimized by this unequal treatment of Americans v foreign nationals, make sure your representative knows it is time to make this right. Only employers and the universities are the big winners.

If a foreign worker sees that Americans are being hurt by their behavior, and they decide that it is best to come clean and admit that they gained their jobs by agreeing to work for less wages, their American sponsor will simply release them and they will be deported. They have no rights and so they mostly stay quiet. Yes, they are treated as slaves and just as illegal foreign nationals. The system is only fair for the employer. In spite of the wishy-washy requirement that H-1B workers be paid the prevailing wage, H-1B workers and other visa workers almost always earn significantly less than their American counterparts. For example, at Intel, engineers with H-1Bs are reported to be hired for 60% of the prevailing wage in the same state.

I have worked with executive visa-holders who were doing the same job as another employee but receiving ½ or less salary. I learned that they feel indebted to the companies for hiring them and giving them a shot at America. But, more importantly, they know that if they are not the hardest worker on the team or they create any issue at all for their employer, they will be forced to leave the US. Their business sponsor basically owns them and if the sponsor rejects them, it is almost always over and their legal hiatus ends.

Don’t you think if I know all this, and now you know now it, that our Congress and President know it also? So, why is it that the system is not rigged by the government for the American employee instead of the foreign national? Ask your representative. Ask the President. If US employers abuse the privilege of hiring visa employees, they should be the ones who suffer, not the foreign employee who knows that life is somehow not right! Surely Americans should not be the ones suffering, but nonetheless we are the ones feeling the most pain.

The legal foreigner with a visa gets hired however, not because they are more handsome or more congenial or smarter than Americans. They want a better life so much they will temporarily work for cheap wages and they will do anything not to get sent back home. American workers have been schooled to expect certain working conditions. Foreign workers expect nothing. American businesses would love to legally put this sign outside their shops: “Americans need not apply!”

My best story on “payback is a bitch,” has to do with a very smart South African friend, whose name, shall we say is Verry Smart. Actually his name is very similar to this. I have changed his name as such because he is now a permanent resident and I cannot reach him to gain his permission to tell his story using his real name. Verry served as an executive at a $billion privately held company in which I was engaged as an IT consultant.

Verry was a problem solver and could do anything he was asked. He worked harder and longer than anybody else on the executive team but somehow, every other executive knew his salary was fixed and he was not going to outclass any of the other executives on the team, even if it helped the company. I do not recall any executive standing up to top management and complaining that Verry was not being compensated properly. Yet, if I knew his compensation rate, so did they all. I see that as a failure in human nature, and so shame on them all.

Verry tuned in quickly to an automated purchasing system called E-3. It was very good software but tough for any regular human to fully comprehend and make successful. As an executive, he was not supposed to become the purchasing expert, but nonetheless he did so. Nobody was as good as Verry with the software, and the company began to save money despite its destructive inclination to punish its best people. Verry merely worked in the background assuring the functionaries that they could get the clerical job done. He provided the brains and it was just one of his many jobs.

One day Verry announced to the whole company that he had just gained permanent US residence and no longer needed the company’s sponsorship. He also said he was moving over 1000 miles away to Florida. That was that. However, for this short-sighted company, when the costs in the purchasing department began to mount again, and nobody had a clue of how to use the software effectively, Verry got the call. While he was still able to hold onto his full-time Florida position, he was able to reclaim his old salary numbers times two as a light consultant. He did so by merely answering a few questions a week and by running a few programs remotely. At times he had to sign on to the company’s E3 system and direct the proper flow to / from the software system. His work was worth way more than double what they paid him but for the small amount of work that he did once separated, he was quite happy

I use this story as an example of how cheating anybody out of their proper wage may ultimately catch up to you. Payback, for sure, is a bitch!

The huge supply of cheap white collar foreign labor in America is a real good deal for employers, but it has had a major effect on the job availability as well as the salaries that Americans now receive for jobs that once were high paying. Because foreign nationals drive wages down and more and more are employed, the average salary of new college graduates goes down each year. This is not good for America or Americans.

Reducing Immigration, legal and illegal, is a big answer to the jobs issue in America, but it is not the only answer. One way to assure that both illegal and legal immigration can be controlled is to replace members of the Senate and the House who do not answer your immigration questions properly. Don’t forget the President’s job killing amnesty. Let’s put in people who are concerned about America and Americans and who would represent Americans first. Our President has consistently shown that American citizens do not count as he chooses not to enforce US immigration laws, when it is clearly his job. Ask your representatives their posture on illegal and legal immigrants taking American jobs. You might be very surprised. Then in November, vote accordingly.

Limiting or stopping immigration completely during periods of recession is a good jobs solution for unemployed Americans. Legal foreign nationals taking the best American jobs is a problem that was created by this elected government and it is a problem that can be fixed only by un-electing them, and finding representatives to do the will of the people. If somebody with a graduate degree is going to be called upon to flip the burgers in America, it should be one of the millions of foreign nationals who now hold America’s best jobs, but only if an American does not want the job. As Americans, we, and our children deserve much better than what we receive from our government. Since our government is founded as being of the people, for the people, and by the people, country is of the, we can change this scenario and any other, anytime we please.

Brian Kelly is a business owner and former assistant professor at Marywood University; he and his wife live in Northeastern Pennsylvania. Kelly is running for Senate in his state and believes limited government brings liberty and freedom.


About Brian Kelly

Brian Kelly is a business owner and former assistant professor at Marywood University; he and his wife, Pat live in Northeastern Pennsylvania. Kelly ran for COngress and for the US Senate in his state and he believes limited government brings liberty and freedom. Brian's 48th book is titled, Saving America, The How-To Book. It is available at www.checkoutking.com and www.itjungle.com.

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