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  • mps
    08-05 02:35 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.

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  • dartkid31
    05-24 01:58 PM
    That's censorship. Go ahead and good luck with your mentality. It seems you can't handle the truth and views that could give you better information to handle debates and put more intelligent requests ahead.

    Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.

    I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.

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  • paskal
    07-08 05:10 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!

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  • cinqsit
    08-06 01:27 AM
    We should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.

    What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)

    Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)



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  • sledge_hammer
    03-24 03:49 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.

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  • sanju
    08-06 06:16 PM


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  • unseenguy
    06-21 09:49 PM
    What do you mean by they will give you?

    The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

    Please do not post wrong information..

    i 485 notice may have grace period on it. One of my friend's h1/l1 was denied (extension) and he was given 15 days from denial date to leave.

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  • Macaca
    05-09 05:44 PM
    Still, Sometimes, a Great Nation ( By ANAND GIRIDHARADAS | New York Times

    The commando who shot Osama bin Laden just above the left of his doe eyes could forever remain a ghost to Americans. His name may never be revealed; his tell-all may never be written; he, unlike other American eminences, may never be featured on �Celebrity Apprentice.�

    But this ghost is a hero to a nation in need of a little stimulant. For many Americans this week, it was at once grisly and lovely to receive a reminder, courtesy of a revenge killing, that American vigor still has its moments.

    These have been tough years for American power: years of a sick economy that cannot easily be healed; of wars that cannot, tactically or definitionally, be �won�; of new powers that have risen under the shelter of the Pax Americana and now will not be told what to do. Great numbers of Americans now fear that their children will not lead lives as bounteous and carefree as theirs.

    And then there they were: dropping from their ladders, clearing and holding corridors, shooting to kill, escaping before anyone could interfere. The unseen scene resonated so well, perhaps, because Americans have been trained to know what it looked like. This, at least as the White House narrated it, was a standard-issue action movie midnight raid.

    A raid of this dramatic kind is one of those things at which America remains unrivaled, in cinema and in real life. And so it was a moment to relive a feeling of unmitigated American supremacy. In this domain at least, there is no country like America on earth.

    The trouble with the killing of Bin Laden, though, is that the triumph is an island. Victory in Abbottabad does not foreshadow greater victories in Iraq or Afghanistan, or over terrorism in general. As in so many areas of American life today, the country can do spellbinding things no other one can do, but it often struggles to perform the more prosaic feats on which its long-term fate may more heavily depend.

    Consider the realm of technology, in which America, once again, has the finest elite commandos: Google, Facebook, Twitter, Netflix, Apple, Pandora. Time and again, when breakthrough technologies come, they come from America. What is the chance of a Chinese search engine displacing Google, or a game-changing device like the iPhone sprouting in France?

    And yet America does not lead the world technologically in the more prosaic ways. It does not have the best or most cost-efficient mobile phone networks. The average American Internet hookup is two and a half times slower than that in South Korea. The country lacks adequate retraining programs to move people from waning professions like telemarketer and sewing machine operator into new roles in the technology sector.

    It is the same with education. America is home to the greatest concentration of research universities in the world, with the best laboratories and faculties as well as, arguably, the top students. More Nobel laureates inhabit certain American campuses than live in certain moderately sized countries.

    But beyond the elite corridors of American education, it is a different story. Last year, the results of the standardized Program for International Student Assessments, given to 15-year-olds worldwide, found the United States behind 16 other countries in reading and 22 in science. In response, the American education secretary, Arne Duncan, spoke of �the brutal truth that we�re being out-educated.� And that was before the recent round of budget cuts and teacher layoffs across the country, which might well make it even harder for America to be middling in the world.

    And so it is in health care, where America has, at one end, the Mayo Clinic and the Cleveland Clinic and Massachusetts General Hospital, which the richest patients in the world still choose over most alternatives; and, at the other end, tens of millions of uninsured people, a condition that is all but unique in the industrialized world.

    So it is with immigration, where the United States continues to attract the brightest immigrants in the world, while failing year after year to resolve the massive and messy question of illegal immigration. So it is with banking, in which the United States is the leader in employing complex transactions like credit-default swaps, but has struggled with the more basic task of pairing businesses with loans.

    The commandos of Abbottabad are, then, like the commandos in any number of American fields � elite troopers who play at the highest levels in the world, but whose successes are wholly their own, not easily replicated beyond their little world.

    This duality of the world-beating Americans and the world-trailing ones perhaps suggests an emerging reality of U.S. life after globalization: It may be that America the country can remain vitally competitive, even as vast numbers of Americans � perhaps a majority � have a lower quality of life than prevails elsewhere. As with the U.S. Navy Seals in Pakistan, so dynamic is America�s elite that its dynamism can offset the lagging behind of others. If a country gains a $20-million-a-year hedge fund job and loses 400 $50,000-a-year industrial ones, after all, its national income figure stays the same.

    But there is the problem of the 400 people � and of the 40,000 and the 40 million. There is a sense in many corners of America of there no longer being space for the ordinary, a sense of the collapse of the middle. Parents find themselves wondering how hard to push their children in this dawning age: wondering how clever and focused and dogged they will have to be to remain ahead of the world rather than chase behind it.

    Memo to India, China: The U.S. Still Matters ( By Rupa Subramanya Dehejia | IndiaRealTime
    Free trade agreements don�t kill jobs ( By Ryan Young | The Daily Caller
    If You Have the Answers, Tell Me ( By N. GREGORY MANKIW | New York Times
    Woman of the World ( By Jonathan Alter | Vanity Fair
    What�s a college education worth?
    Engineering and accounting degrees may provide most opportunity (
    By Jennifer Openshaw | MarketWatch
    The Best Cities For Jobs ( By Joel Kotkin | New Geographer
    Firms Feel 'Say on Pay' Effect ( By JOANN S. LUBLIN | Wall Street Journal
    As Labor Costs Rise, Spotlight Is on Benefits ( By JOE LIGHT | Wall Street Journal


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  • psvk
    08-05 04:48 PM
    Well said I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

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  • pitha
    01-28 09:57 AM
    lou dobbs is not a reporter, dont get confused. He is an opinion dispenser. Just like Rush Limbaug, Sean Hanity, Glen Beck etc. But either ways he is after us in immigration.


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  • nogc_noproblem
    08-26 09:27 PM
    Simple Questions, Complicated Answers

    Why does monosyllabic have five syllables?

    Why are there interstate highways in Hawaii?

    Why do we drive on parkways and park on driveways?

    Why are they called apartments, when they're all stuck together?

    Why do scientists call it research when looking for something new?

    Why do they call it a building? It looks like they're finished. Why isn't it a built?

    Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

    If vegetarians eat vegetables, what do humanitarians eat?

    If price and worth mean the same thing, why priceless and worthless are opposites?

    Is there another word for synonym?

    Is it possible to be totally partial?

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  • GCmuddu_H1BVaddu
    01-09 10:21 PM
    sunnysurya Hate Converting EB3 To EB2.

    A supporter of terrorism left a red dot with this message:
    "if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"

    My very simple reply to that person.

    I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.

    Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.


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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.


    US Permanent Resident since 2002

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  • abracadabra102
    07-14 08:47 PM
    Oh there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR) you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..


    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"


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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.

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  • soni7007
    08-06 03:23 PM
    Send a PM to soni and ask, he/she gave me one.

    Dear NKR, I am a "she" I did not give u a red dot..You are hilarious:)


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  • bfadlia
    01-09 06:15 PM
    The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.

    a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
    how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses

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  • gcisadawg
    12-26 11:16 PM
    to clean our bottom. I agree. We have to do it ourselves.However, attacking terror camps in Pak by India is not going to solve the problem.

    We are dealing with mad , fanatic , fundemantalistic army with weak democratic government.I think majority of Pak citizens are like us.They don't want war. The ideal way is squeeze that country by economic sanctions, international seperation etc.

    If we attack even the so called terror camps, the Laskar e Toiba people will be gone long time ago. May be we have to satisfy by killing the some innocent Pak citizens by those surgical attacks.

    World policeman America did the similar cleaning business by arming the fanatics in Afganistan to oust Soviet army from Afganistan. The devil nourished by America with support of Saitan ISI is biting back US now.

    Israel is not sleeping peacefully. OK they won the six days war by preemptive strike of Egypt. What happened now ? Stupid palestinan Hamas fire two rockets killing two isralies inturn killing of twenty innocent paletinaian by brutal isral army. Is the middle east problem solved by preemptive attack or postemptive attack? It will be solved by mutual giving and taking not by war.

    You don't want to get tore away your front and back by fighting with lunatic Pak military. You may destroy the Pakistan, but you will be without front to
    --- and back to ----.You means not you. Our brave Indian soldiers.You will be sitting in your airconditioned room , watching the live relay in CNN of Indo-Pak war and happy with mutual assured destruction the war will bring on both poor countries.

    So, let US army to attack the so called camps .They are already doing in the Afgan-Pak border. Let them tilt their gun little bit more so that the camps on POK also get hit.

    It is foolish to get killed.Let the other man do the job for you.Let the world policeman do what it preaches. " War on terror ".


    I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.

    Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
    Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.

    India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.

    Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
    IK Gujral stopped the covert ops. It need to be restarted.

    We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!

    One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"

    We need to show that it comes with a COST. War is not an option.

    Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.

    If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?


    01-08 10:29 AM
    I have use the word bastard after you used for Jews. You have said, your war will end till Jews are defeated. So get my reply. Don't cry!!!!! foul !!!

    read your comments:

    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)..

    you called all non christian nations "satanic nations that will be wiped out", called 95% of egyptians war children, brain washed bastards and terrorists.. u r right, u don't use vulgar language, only racist hate speech..

    05-16 11:10 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing

    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do – Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define “replacing some American workers”. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn’t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say – from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.

    Then you can lobby for unlimited H1b and Unlimited greencards.

    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.

    You will never get American people support for that.

    Stop bickering in the name of American people. More than 99% Americans don’t even know what is H-1B visa or employment based green card. And one more thing, people’s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? – around 70%
    Do you know the % of “American people” saying that they screwed up by supporting the war in 2002? – 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let’s keep this argument of “American People” out of this debate.

    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or American. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.

    In free market and capitalist economy, the measure of productivity doesn’t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. If employees on H-1Bs were unproductive then why are employers asking for more H-1Bs. I am sure my employer is not in love with me to give me check every two weeks. And if that is how it works best for the competitiveness and for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situations/competitions but I am not scared of a scenario where someone who can perform a better job, either a citizen or someone on H-1B, takes my job. And I assure you that I won't whine about it. But that is ok, your way of thinking is all based on the premises that every one out is going to get you and some how you have to eliminate this competition at the soonest.

    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.

    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris’ underwear - to argue against H-1B and against green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to “not waste my time with idiot like yourself”.
    Like you ass, you keep your views and your opinions with yourself. Don’t poke your ass and your views into a place where they don’t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you have a low opinion about yourself. Thus you are scared of the competition
    2.) You are not capable enough or you are not technically sound to compete with others around you. And just like IEEE-USA, you are looking for ways to eliminate your future probable competition using words/phrases like “displacement of US workers”.

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