Feb. 9, 2025
61 - Tahmina Watson - Immigration Lawyer and Published Author
My guest Tahmina Watson is an accomplished immigration lawyer and published author. Together, we discuss Work Visa classifications, how they affect working immigrants, and the regulations behind them. We also touch on other sensitive immigration issues, but we ran short of time, as this is a very complex issue with many variables that needs further discussion.
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You are listening to a Fonds Media Network production.
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Welcome to episode sixty one of World Ablaze. On this episode,
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I have Tamina Watson. Tamina Watson is the founder of
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Watson Immigration Law, where she has an expertise in investor
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business and family based immigration. She is a published author
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of multiple books and a strong advocate for immigration reform.
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We spend some time discussing the various work Jesus how
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they relate to a person's immigration status, as well as
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touched on some other immigration issues that relate to the
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United States and how that may affect immigrants around the world.
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I hope you find this conversation informative and I hope
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that it opens the door for having further conversations with you,
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your friends, and your family about this sensitive issue. Well, firstly,
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I thank you for being here or taking the time
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to be here. I know that you're busy. I was
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reading up a little bit on you and you're an
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published author, have another book coming out, Which is what's
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an achievement for I mean, just doing one is an achievement.
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But I mean which which number book is this? It's
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like number.
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Let's see six, sixty six or seven. Yeah, I mean Yeah,
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you know, I love saying I've lost count I went
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to ninety two, like Deepak Chopra or something. How did
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get to ninety something? What are they doing that? I
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don't know how to do? So yeah, I'm working on it.
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But it's interesting. Every book has journey and life of
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its own, and this is at the early stages of
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its life.
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Yeah, that's that's crazy. That's something I've never done, never achieved,
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And so hats off to you for that. And you
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specialize in immigration law, correct or did you practice any
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other types of law before then?
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I practice immigration US immigration law now for my entire
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career in the United States, But when I lived in London,
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I was born and raised in London, and I was
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a lawyer there. In my early days, I did criminal
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defense law, some amounts of civil law practice.
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Okay, So one of the reason I want to well,
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one of the bigger reasons I reached out to you
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is because one you're an authority on this. Two you
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are published, and you do have a law firm that
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specializes in this, namely immigration and immigration law. And with
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everything going on, I wanted a perspective from someone who's
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actually in it, who can actually interpret law and can
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explain what's really going on and what rights there are
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for those that are considered illegal or undocumented that are
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coming into our country. And from what I understand, there's
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always like there's a difference versus when they're on one
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side of the border and when they cross over. And
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of course there's the other situation where airports are kind
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of like Switzerland or neutral if they don't really have
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any borders, like they're not a country right until they
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actually cross over into the destination they're going to. So
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there's a lot of that, And I also want to
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get your opinion on how things are being handled by
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the administration. And we don't have to get too political
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per se, but I do want to get some better
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explanation of the laws, the rights and is the administration
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going about this the correct way. Because I have my opinions,
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I know other people have their opinions. Again, you know,
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I talk to like people in the intelligence community. I
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have other journalists I speak with, and not a lawyer
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though that specializes in this particular subject matter. So with
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that being said, I thought, hey, to me, and maybe
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you can help us with this, Maybe you can explain
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a little bit you know would.
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I would be honored. My question for you is who
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is your primary audience?
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Well, our audience is pretty much I don't know everyone
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whoever is willing to listen. To be quite honest, if
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we have worldwide audience, multiple countries, hundreds of thousands of downloads,
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so I'm not really sure exactly who everyone is.
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But a great problem top Yeah, well.
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I don't know about that. I just I just try
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to keep things going and make sure everybody is satisfied
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whoever does like my particular brand anyway, and I think
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everybody who is listening to this episode now, which is great,
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but you know, regardless, again, I'll be honest, this show
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can get political, but there's times where it's not. It's just, hey,
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let's talk about the facts. Let's talk about what's going on.
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Let's talk about what's happening from a factual standpoint, from
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the standpoint backed by data. And that's one thing that
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I'm hoping that you can do for us, you know.
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And one of the things that were that was in
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well contested for a while or people didn't understand and
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even I'm still foggy on was was the right to
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work as in you know, the h H one H
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two A visas or H two B visas. Can you
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explain how that works and how that relates to someone
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who has one of those visas and works in the
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United States.
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Sure, so, thank you so much again, George for having
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me and asking some of these brilliant questions, because when
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people hear sound bites in the news, it gets even
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more confusing because one side it says one thing and
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another says another, and then you know, the listener or
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the layperson doesn't know really where anything stands. So just
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back basics for a moment. The United States immigration system
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was created in nineteen ninety and the current system that
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we work with, and it created a family based system,
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element based system. In the employment based system, we have
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temporary work visas and we have green card options. But
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the temporary work visas or the temporary visa programs are
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in the employment based system. There's no temporary visa in
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the family based system. The family system is primarily get
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a green card you with misfah with you, and so
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in the employment based pre visa categories there are various
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different types of visa categories which are labeled as ault
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and then a number and so H one B, H
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two B, H two A one A one B. And
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so there are these letters and numbers and then letters
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again that signa for specific categories of visas. And when
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it comes to these visas, they're really defined by the
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type of work somebody is going to be doing. So
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if you're a priest coming here to be a priest
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to add a church, you would get a religious visa
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R one. If you are quote unquote a genius, one
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of the top people in your profession, be getting an
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old visa, And that was a matter of controversy see
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during the first time President Trump was in office because
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the first Lady had that visa. So the H one
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B visa is a work visa as well. And the
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basic premise of the H one B visa is that
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you must have a bachelor's degree in a specific subject
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matter that gives you the academic training and theoretical training
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to do a particular job that requires that training. So
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even though I'm a lawyer, i would not be eligible
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for a job in the computer industry because my degree
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is not in computer science. Okay, so the specific degree
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has to match a specific job. Any work visa has
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three primary requirements to show number one that there is
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an employer. Number two, there's a job, and number tho,
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there's an employee that you're going to sponsor. The employer
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is going to sponsor. Now, the employer has to make
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specific promises number one that they are going to pay
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the prevailing wage for that type of job in that
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type of breer. So an entry level doctor in Kansas
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City may get let's call it, fifty thousand dollars a year,
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but the entry level doctor in New York might be
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getting seventy thousand dollars a year. So the prevailing wage
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is determined by the Department of Labor and they decide
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what the salary will be, and the employer has to
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essentially promise that they will pay that salary. So that's
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the number one promise and number two promise is that
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they are they have the finances to pay that salary
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for a job that actually truly exists. Okay. And so
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when we hear debates in the news, often the debate
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is about bringing in cheap labor, particularly on the H
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one B front. You might remember around Christmas twenty twenty
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four was major you by controversial disctions where Elon Musk
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supports the H one B, and Steve Bannon does not
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support the H one B, and then President Trump that yes,
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he supports the H one B, And so there's controversy
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among leadership about the benefits of an H one B.
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But what are the facts. The facts are that employers
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in the United States, such as Microsoft, Amazon, Boeing, you
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name the big corporation, they use H one B visas
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because they generally cannot find enough talent to take those jobs.
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Why is that is because our education system is not
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producing sufficient talented minds or people for our workforce. Now,
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the question that comes up from that is, well, they're
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cheap labor, You're paying them less, And the answer is no,
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if anything, it costs more to hire somebody on an
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H one B. And the reason is not only are
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they they the employer making the promise as per the
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Department of Labour's guidance, but they also have to be
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competitive because the people that they are trying to recruit
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are being courted by multiple companies, and so they have
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to make sure that the employer's offer is attractive enough
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for somebody to say, yes, I would like to join you.
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So they are often being competitive in the market. But secondly,
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the employer has to then pay for legal fees, HI fees,
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compliance fee go forth. And so for anybody listening, each
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one B is an important visa in our immigration system
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because often people behind the scenes that are managing important
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parts of our lives. And you just need to look
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at your telephone, your cell phone, the hardware, the network,
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the software often are being managed by high skilled immigrants
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who might be working at some of these telephone companies
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or the wireless companies, or the you know, the technology companies.
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All the apps that you have on your phone by
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a lot of high skilled immigrants.
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Okay, so that was that was great on clarifying the
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H one B I have. I also have further questions
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as the differences between classification H one versus H two.
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But I want to back up a bit, because you're right,
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a lot of people were thinking this is just cheap labor,
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and I want, I want to want to say something
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about that, and I'm kind of I'm not saying I'm
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correcting this, but I'm kind of thinking where this argument
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possibly may have come from. And I know this from
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the construction industry and various other businesses that I've owned
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also throughout the years, and I will say that sometimes
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there's a difference between prevailing wage and the market value
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of a job in a certain area. So let's say
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construction work, for example, if you're a framer, prevailing wage
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I've just thrown this out there could be twenty five
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dollars an hour, but due to the market demand and
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what usually pays an experienced framer in that particular area,
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they're actually getting paid let's say upwards of forty five
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dollars an hour, especially if they're in the union. So
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I'm wondering if that may have contributed to the misunderstanding
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of you know, as you said, cheap labor was it
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was it Could it have been a difference between what
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was considered a market value for a job and what
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was considered a standard prevailing wage.
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That's a really, really astute question, and that could be
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a perception that a lot of people have. But I
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come back to competitiveness of the limited amount of talent
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that there is in this country. And so when I now,
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I live in Washington State, so it's very easy for
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me toly talk about Microsoft and Amazon. But when there
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is somebody both these companies might want to hire, and
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the startup smaller companies want to hire the same person,
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they have to be competitive with competitive market rates, otherwise
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they will not have that talented person join them. So
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while there is perception, that actually is probably widespread, George,
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So great question. Thank you for asking that the pool
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of people that these companies can draw from are still
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limited and so you have to pay market value. And
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in addition to that, there are you know, no no
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secret if you go look at any job ad for
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Monster dot com or Indeed dot com or wherever salaries
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are posted, and these salaries when somebody promises a salary
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that is through a form on the Department of Labor's website,
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and the Department of Labour's website will have a lot
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of data that can be accessed by the public. And
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so it it is again coming back to you, George.
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It's a good question, But the reality is these companies
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pay the market value.
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Right, And I was just asking the question because I'm
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wondering if that's where that perception came from, and they
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probably because I've seen it myself, you know. And I'm
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not saying that applies to the situation for example, when
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we're talking about engineers, but just wondering if the public
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may have I don't know if someone out there probably
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came across out data and they thought, well, yeah, they're
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getting cheap labor, and of course it has to be competitive,
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especially and you know, again I have been an employer,
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