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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,