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Sun Sued Over H1-B Workers

heli0 writes "The Boston Globe is reporting: 'A lawsuit filed yesterday in California alleges computer giant Sun Microsystems Inc. laid off thousands of American high-tech workers in order to replace them with younger, lower-paid engineers from India.' Could this be the straw that breaks the proverbial camel's back?"

50 of 1,002 comments (clear)

  1. Unlikely by saikou · · Score: 5, Interesting

    One of the suits already got dismissed.
    If, on the other hand, Sun looses this one, then bye bye US jobs and hello nice fat contract for Sun India. Which would be even worse.

  2. Illegal???? by Bob+Abooey · · Score: 3, Insightful

    Is this illegal? Isn't that sort of the way business has been done for a million years now? (letting go of expensive help and hiring cheaper help) It's not like the auto industry hasn't been doing this for years by building plants in other countries to take advantage of their cheap labor.

    I have to wonder if the USian labor force isn't partly to blame by pricing themselves out of the market.

    --

    All the best,
    --Bob

    1. Re:Illegal???? by infinite9 · · Score: 4, Insightful

      Is this illegal?

      Yes.

      Isn't that sort of the way business has been done for a million years now?

      Yes.

      It's not like the auto industry hasn't been doing this for years by building plants in other countries to take advantage of their cheap labor.

      It's exactly the same thing. Except that now it's white collar jobs that are leaving. A better analogy would be like Ford firing all the factory workers and importing Mexicans to have them work in factories here, but paying them half. They can't do that though. It's illegal. They don't have an h1-b program because anyone can be trained to be an auto worker. So they moved the factories elsewhere. Ultimately, that's what will happen to IT. So it's a losing battle. I plan to get out of IT.

      Unfortunately, IT workers don't have a labor union or trade organization to defend us. Doctors are numerous all over the world. Why don't they come here and charge half? Because of the AMA. It's extremely difficult to get your medical training in another country, then come here and practise medicine. IT workers require no licensing, have no organization, and can be trained anywhere. Hindsight is 20/20. It was sort of inevitable.

      I have to wonder if the USian labor force isn't partly to blame by pricing themselves out of the market.

      This is more like shit happens. IT workers don't set the rates. Wouldn't they make it higher now if they could? The rates are set by the market.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
  3. Um... by jmb-d · · Score: 4, Insightful

    How exactly does this fall under the category "Your Rights Online"?

    --
    In walking, just walk. In sitting, just sit. Above all, don't wobble.
    -- Yun-Men
    1. Re:Um... by jmb-d · · Score: 3, Insightful

      The icon is for Sun; the category is YRO... Similarly, the A Slightly-Softer Microsoft Shared Source License story has a Microsoft logo.

      --
      In walking, just walk. In sitting, just sit. Above all, don't wobble.
      -- Yun-Men
  4. I have no problem with H1B's by tshak · · Score: 4, Insightful

    As long as they are compensated and treated the same as Americans. Humans are not a commodity. H1B's generally come from desperate situations so of course they _will_ work for a lot less than Americans, but that doesn't mean that it's ethical to exploit the desperate situation in which they came from.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  5. Re:Sux it down Sun... by ChaoticChaos · · Score: 4, Funny

    I've got a better idea! Let's rehire all the American employees and replace the entire management team with people from India. w00t!

  6. Good! by xchino · · Score: 4, Insightful

    I don't see why they should enjoy the protection import taxes and such bring them against global competition when they have no penalty for exporting jobs. Tax imported goods, tax exported jobs. Don't tax exported jobs, don't tax imported goods. You can't have it both ways.. corporations want protection from countries without labor laws becase they can't compete with sweatshops or massively underpaid workers, but they also want to reap the benefits of those same workers. I don't see why my employers job should be any more protected than mine.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
    1. Re:Good! by swb · · Score: 5, Insightful

      Moreover, the consistant argument CEOs and top officers make for their huge salaries and generous bonuses (in spite of drops in profits) is that they posess talents that are in short supply (leadership, strategic thinking, etc), and that the short supply demands large wages.

      If that's the case, why isn't Americas marketing and executive class full of H1-Bs? If India is competant at generating engineers then I'm sure they're highly skilled at generating MBAs and marketing people, too.

      The fact is that H1-B is solely an excuse for corporations to keep engineering pay low. There's just no other logical conclusion you can reach.

      I've had this discussion with numerous marketing execs before and in the final analysis they have the idea that engineers are ALWAYS worth less than marketing and must always be paid less, and that much of their motivation for seeking H1Bs has been driven largely by the fact that they can't justify driving marketing salaries any higher in response to market-driven increases in engineering salaries.

      The market-driven reality should have been that marketing salaries went lower than engineering salaries, simply due to market demand. But this didn't happen, due to some weird class system that values the marketing/executive class above all others, even when the market will not sustain it!

  7. No big deal by siskbc · · Score: 4, Insightful
    bye bye US jobs and hello nice fat contract for Sun India.

    I don't see this as being so evil. I have always been of the opinion that if someone else (or a machine) can do your job better and cheaper, have fun at the unemployment line. If this is the case, then, sorry for the unemployed, but I doubt they would have taken a pay cut. Hell, they're lucky that Sun took so long to figure out that there are a lot of highly trained Indian coders.

    Then again, maybe Sun will regret firing such a huge experience base. That may be.

    I will say one thing - I don't hear people complaining about when overpaid middle-management types get canned for a new batch of college grads (from this country). I hope we're not indicating that we're bitter about foreigners taking American jobs? Because that would be a bit silly.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:No big deal by Cereal+Box · · Score: 5, Insightful

      Clearly you don't understand the situation. It's not like programmers are saying "boo-hoo, these damn Indians are willing to work for $60K/yr, I can't live like that!", they're saying "these damn Indians are willing to work for $6K/yr, there's no possible way I can live on that". Yes, there is exaggeration in those figures (but when it comes to outsourcing... not really), but it is NOT a matter of Indians working for just a little bit less than Americans are willing to work -- they're working for significantly less than we could comfortably live with. Programming is not akin to working at McDonalds -- it's skilled, technical work. Why should programmers have to settle for an unskilled laborer's wages simply because there are poor workers willing to work for unlivable wages?

    2. Re:No big deal by Shadow99_1 · · Score: 4, Interesting

      WTF, 'extremely frugally' means you don't have two cars, a huge home, a boat, & a two week overseas vacation... LOL...

      I make less than $20k a year & always have in the tech industry, but it's the tech industry on the east coast (& heck it's not even really 'coastly' unless you count lake Erie). I can barely pay for a car, apartment, insurance, & food with a little extra... I have problems getting another job because the companies would like to outsource rather than hire me for a little more than I make now (maybe I could buy a house or pay back those college loans that would make it so I'd have to live in a box to pay them back atm)...

      The problem isn't just in the bigger cities of the west coast, it's everywhere. They have a much lower cost of living (especially if actually in... say... India) & often even those coming here stick together, which to be honest we (the ones already in this country) don't so they can live on less...

      It has nothign to do with people insisting on having "two cars, a huge home, a boat, a 2 week overseas vacation, etc", it has everythign to do with making a living in a global market we are ill prepared for as a workforce...

      --
      we are all invisible unless we choose otherwise
  8. Re:For us non-US'ians what is H1-B? by www.sorehands.com · · Score: 5, Informative

    Yes.

    It was originally intended to allow employers to fill jobs when they cannot find legal residents to fill them.

    To be able to use this, the employer must certify that they not only are unable to find an employee who is a legal resident. They are also supposed to certify that no terminations would happen to the non-H1b employees because of this hire (ie. termination/layoffs shortly after).

  9. Re:For us non-US'ians what is H1-B? by arpit · · Score: 3, Informative

    That's right. This is the visa category under which a company can sponsor a foreign worker to work in a US based firm. This category is only for "skilled" labor.

    The visa is typically valid for three years and renewable for only three more years after that. By that time if you haven't managed to complete your green card (permanent resident card) processing you have to leave the country - though I believe nowadays H1B visas can be extended beyond the usual 6 years in increments of one year provided your green card processing is in an advanced stage. I've been working on an H1B myself for the last 4 years.

  10. Reason for H1B Visas by mlrtime · · Score: 4, Interesting

    I thought one of the contingencies of hiring an H1B worker is that the employer has to prove that they cannot find a worker of equal skill in the US job market. If they US workers have the same skill set but are just more expensive then this is a violation of the H1B processes.

    That being said, my wife is currently here on an H1B, and I am fairly sure that there are not many people that can do her job and I believe she is working via an H1B on all legal issues.

  11. Re:I would not complain... by xchino · · Score: 3, Insightful


    Look at it this way, because we have minimum wage laws in America, and there are none in India, the company can hire out engineers, techs, manual labor, or whatever at a cheaper rate than I can legally compete with. I don't have the option to program for $4 an hour. I agree that it helps impoverished people worldwide, but I don't think American corporations should be allowed to treat foreigners any worse than they treat Americans. I think they should be forced to adhere to minimum wage, provide all benefits given to an american counterpart, including health care insurance, and pension. Global competition should be based on merits and qulity of work, not on the lack of labor laws or taking advantage of the financial chaos in still developing countries. Not only will this greatly increase the impoverished areas were work is outsourced, it will prevent American companies from taking advantage of people in need.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
  12. Re:Sux it down Sun... by NDPTAL85 · · Score: 3, Insightful

    Communities don't support companies. Consumers trade their money for a good or service from a company. After that the transaction is done. There is no further obligation from either party past that point. This whole line of reasoning that the company then still owes you something really reeks of communist ethos.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  13. why not forming a union? by kipple · · Score: 3, Insightful

    this would be the right time for it.

    --
    -- There are two kind of sysadmins: Paranoids and Losers. (adapted from D. Bach)
  14. This happens everywhere. by Blackwulf · · Score: 5, Interesting

    Not the lawsuits, but the hiring of H1B's over US Citizens. I work in a small company (no, not the one linked to in my URL) and there are maybe 15 coders in our office.

    Three of them are US Citizens. I am one of them.

    We will see job postings go up in our break room, and submit the resume's of people we know who need jobs, but the job listings are basically a reprint of the resume of the H1B that the company has selected. So, they have all this extraneous stuff that you wouldn't use in that job, but they are considered "job requirements" and THAT is how they can tell the INS that "We can't find an equally qualified citizen."

    I guess it wouldn't be so bad if we didn't work for clients and have to travel on site, and many of our clients will ONLY want US Citizens. So, that leaves the three of us to do ALL of the travelling, even if there has been a personal tragedy in our life. (And one of us has a newborn child, so she's not travelling either...)

    I guess I can look at this a few ways. A) My life is a wreck right now because I can't stay home, but B) I have insane job security, something that is a very good thing to have in today's economy.

    1. Re:This happens everywhere. by Skyshadow · · Score: 3, Informative
      This sounds *very* framiliar. I used to work at an office in San Jose that was 95% Chinese nationals.

      Besides it being a tough environment to work in (almost all communication was in Chinese, most of the engineers spoke little to no english and my Manderin sucks except for curses), it also meant that I ended up doing all the traveling even though it wasn't in my job description. It made me miserable -- I'm just not the sort of person who enjoys flying to client sites on 24 hour notice, working in someone else's machine room, being away from home alot and etc.

      I stayed for the same reasons as you, but was eventually laid off for not coming in on Christmas day. Trust me: keep the job for now, but start looking around heavily. There are other jobs out there if you're willing to put in the work to look (aka, don't just hit Monster). I spent five months unemployed and burned through 98% of my savings, but it was worth every second and every penny to be happy at work again and have stabilized my relationships with my family.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
  15. Sun support seems to be harder to understand... by Gaetano · · Score: 5, Insightful

    When I call sun for support over the last few years, it seems that they are more often indian and difficult to understand. I really can't stand having to ask for the same instruction 5 times to be able to understand what they are telling me. I think perhaps this is why an indian speaking support engineer is 75% more likely to email me the procedures they are asking me to perform.

    I would hang up and try to get someone who speaks english more clearly if I had the time to do so when the raid array on the oracle server is acting up and I have lots of people pissed off.

    My opinion of the (very expensive) support sun offers has taken a turn for the worse because of this. I don't mind speaking to an indian or any other person as long as they speak english clearly when I call the english support line.

  16. Re:I would not complain... by unicron · · Score: 5, Insightful

    So if I go to college, work my ass off, get a degree, and get employed by Sun, continue to work my ass off, I shouldn't complain when I get fired because I was underbidded by quasi-slave labor? And if I complain I'm a racist? And for some reason, because he has more children than I do, he deserves the job more?

    This is capitalism at its worst, not its best. In America, we hire Americans. We don't sublet to another country to save money and backstab our own people. At best, this is an atrocious act of business and a slap in the face of ever American. At worst it's an act of slavery and the exploitation of both our countries. I hope Sun gets dragged over hot coals on this one.

    --
    Finally, math books without any of that base 6 crap in them.
  17. Re:I would not complain... by Angry+White+Guy · · Score: 3, Insightful

    That's a little short-sighted.

    Why do you think that countries have import laws? To prevent people with lower costs of living and lower wages from doing what you are doing. The relative poverty in India puts the U.S. at a disadvantage if the companies can import products from India cheap. It will destroy the competitive market of the same products in the U.S.

    Tariffs and trade agreements are designed to prevent this, as are employment regulations. Breaking these only serves to crush local competition since they cannot reduce their costs signifigantly enough to remain competitive. And if they did, YOUR wages would drop, and you would be put in the same boat as India.

    The global villiage does not bring the poorer nations up to our level, it drags the richer nations down to theirs. And it the Greed of the multi-nationals which ensures that this happens.

    --
    You think that I'm crazy, you should see this guy!
  18. Re:For us non-US'ians what is H1-B? by mcmonkey · · Score: 5, Insightful

    "The H-1B visa allows a professional worker from abroad to be employed by a U.S. employer" with a couple caveats. It requires workers be paid prevailing wages, so it shouldn't be used as a tool to get cheap workers. It's a temporary visa--it's not meant to permanently replace citizen employees.

    And most importantly, it's meant to fill positions for which qualified legal workers are not available. If the Rolling Stones want to tour the USA, sure, let 'em in. No one here does quite what they do. However if a company is not only laying off workers and replacing them with folks with H1-Bs, but also not paying them the prevailing wages citizens get, that company is breaking both the spirit an the letter of the law.

    In the end this case boils down to who has the better lawyer. Sun has already had similar suits dismissed.

  19. H1B has to change by bill_mcgonigle · · Score: 5, Insightful

    Right now H1B workers are basically indentured servants to the corporations who hire them. Corporations can make them work in tiny cubicles for 80 hours a week and the workers' choice is basically to suck it up or to quit and risk being sent back. The corporations are not upset with this situation.

    The reason for getting an H1B is that the worker supposedly has skills that cannot be found in America. In reality, most of the time this skill is the ability to work for meager pay. If we follow the spirit of H1B, the worker is valuable to the US economy because of his special skills, not just to one corporation.

    It's time to let H1B recipients have the right to change jobs, demand more pay, and be treated like [american] humans. US workers should not fear this unless they lack skills themselves - all it will do is dry up the pool of conscripted foreigners. US corporations should not fear this, unless they intend to treat H1B workers poorly - good corporations should be able to retain American and H1B employees.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  20. Suspend H1B program by TheRealStyro · · Score: 5, Insightful

    The H1B visa program should be suspended and/or severely limited due to the current state of the economy and unemployment. Any time the local labor is being replaced by foreign labor something illegal must be happening. Sure, if the locals are a bunch of lazy and strike-prone union members, and no other local will cross the picket lines, then hire whoever is available. Otherwise skilled local labor should always be hired first.

    --
    1. Re:Suspend H1B program by MightyTribble · · Score: 4, Interesting

      I'd argue that the H1 program should just be *enforced*. H1Bs, as written in law, *require* the visa holder to be paid prevailing wages, and *require* something called 'Labor Certification', which supposedly proves that there are no available native workers in the local market who can perform those functions.

      Fees are paid by the hiring company that supposedly pay for enforcement. However, it's clear that the Dept of Labor (that handles the labor certification process) is woefully underfunded and unskilled, and that imigration lawyers can (legally!) game the system just by writing the applications in a certain way. DoL sees language they recognise, and rubber-stamps the application because they don't have the resources to check it out.

      If the legislation was properly enforced, this would be a non-issue. The H1-B laws are actually pretty good.

  21. Re:Sux it down Sun... by malfunct · · Score: 5, Insightful

    What the company does owe is the government of this country. They are under legal obligation to follow certain rules (one of them being to hire a US worker instead of an H1-B worker if a US worker is available for the job) that they agreed to in order to get the benifit of operating thier business in this country.

    --

    "You can now flame me, I am full of love,"

  22. Why it's illegal by (54)T-Dub · · Score: 5, Insightful

    as found on this [doleta.gov] site. Foreign labor certification programs are generally designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.

    --

    "I can not bring myself to believe that if knowledge presents danger, the solution is ignorance" - Isaac Asimov
  23. It has to be said... by ocie · · Score: 3, Funny

    By the many arms of Vishnu, I swear it is a lie.

    --
    JET Program: see Japan, meet intere
  24. Buddy, you don't know poor! by Angry+White+Guy · · Score: 5, Insightful

    You have NOT lived on what these jobs are paying, let alone less than. I've been so poor that if I didn't wake up with a hard-on, I had nothing to play with all day.

    People do not have a right to two cars, a huge house, overseas vacations, etc. They do however have a right to a government that looks out for the well-being of their own nation, their own people.

    Why the fuck do I pay taxes? It's for services rendered. One of those services is that my government does not sell me and my community out so that one guy can have twenty-two cars, a huge home abroad and a two week vacation here.

    It isn't about making a profit at all costs for these companies. It's about ensuring the well-being of ALL people, both here and elsewhere. If these people were to get paid comparatively, then their standard of living would go up, but instead you insist on bringing MY standard of living down.

    You can fuck right off, and take your fucking multinationals with you.

    --
    You think that I'm crazy, you should see this guy!
    1. Re:Buddy, you don't know poor! by MKalus · · Score: 4, Interesting

      People do not have a right to two cars, a huge house, overseas vacations, etc. They do however have a right to a government that looks out for the well-being of their own nation, their own people.

      True in part, but you can't get that by cutting taxes, somehow the government has to pay for it, so either you have to pay the appropriate taxes for this or you have to look out for yourself. Normally the people screaming about too much regulation are the ones that start screaming for the government when they want something from it. You can't have it both ways.

      Why the fuck do I pay taxes? It's for services rendered. One of those services is that my government does not sell me and my community out so that one guy can have twenty-two cars, a huge home abroad and a two week vacation here.

      True enough, but I am sure you were all in favour of the latest tax cuts?

      It isn't about making a profit at all costs for these companies. It's about ensuring the well-being of ALL people, both here and elsewhere.

      Wrong, that is how companies would like to see themselves portrait but at the end of the day for them (and their shareholders) it is all about profits. Sure they like to say: "Stay out of this government, we can take care of it." But they will only do just enough to look at least halfway good.

      If these people were to get paid comparatively, then their standard of living would go up, but instead you insist on bringing MY standard of living down.

      There has to be a tradeoff: You can't grow indefinetly and as such you have to give up one of your cars in order for someone else to be able to use the resources. You can easily lower your standard of living (well most people can) without really impacting your QUALITY of living.

      You can fuck right off, and take your fucking multinationals with you.

      If you would revert back to a time before the "globalization" and produce everything at home your standard of living would diminish even faster. The costs for the companies would be higher, the companies would look for other ways to cut corners and in the end you wouldn't be better off.

      There have been studies done that show very clearly that the countries (as a whole) who profited most from Globalization are the first world countries.

      --
      If you want to e-mail me, use my PGP Key.
    2. Re:Buddy, you don't know poor! by Slashed+Otter · · Score: 5, Insightful

      someone else can do it cheaper and better than you. If you cry to your government about it, it means that you are a complete fuckwad who has no sense of personal responsibility.

      See, here's where I think you're a bit off. The government's job is not just to protect corporations and their profits. That may seem like what they're doing now, but it's not what they're supposed to be doing. A while back (around the time of the Civil War), one of our presidents put it better than I can hope to do here, "...Government of the people, by the people and for the people..."

      So while I fully acknowledge that I have no entitlement to a job and take full responsability for find a job every time I get laid off, it is the government's job to make every effort to keep jobs in this country. It should do this if only to maintain the tax revenue generated by a working public. A skilled worker at Sun making $80k/year will pay about $15k per year in federal taxes and about $5k in state taxes. That same job filled by a skilled Indian worker generates nothing for the government. When you add in unemployment compensation and everything else that goes along with shipping jobs overseas, I think we all have a right to cry foul to our government when we see them making policies that do not discourage companies from laying off American workers.

      Basically, were I to be unemployed (I'm not, lest you think by the argument that I'm making that I am), I would have no right to complain to the government about my personal situation. That is my own responsibility. But I have every right to complain about the broader situation that we as a country are facing. Our government should represent us first, not our employers.

  25. Be careful of ripple effects... by PatSand · · Score: 5, Informative
    Interesting consequences either way:

    1. Sun loses suit...

    US companies have to hire us folks; competitive pressures force innovation to stay competitive or they die/merge/go bankrupt...

    2. Sun wins suit/has it dismissed...

    As more jobs move overseas, domestic markets dry up (who is working? who can buy?). Watching the US market die is not good for a company...will lead to global unemployment...

    I have no qualms with new jobs being created overseas (hey, that's capitalism at it's best), but reducing headcount (and hence customers) in your biggest market is not too swift...

    My vote: first option for existing jobs and get innovative. The US didn't get this dominant (economically) simply by copying what others do...we figured out how to do it better and new ways to do it (quick nod to Britain and the EC members for various technologies-like radar and jet engines-that we licensed and enhanced)...

    And if a company can't innovate, should they be left to die? Maybe...

    But one thing that must happen is that company need to focus more on their long-term survival instead of always pushing to improve short-term profits. This is a major driving force behind this exodus, and it will continue to kill many companies until this unhealthy view stops. Profit is essential for a company, but not at the expense of it's future.

    How to change focus, you might ask? More R&D but also have management really monitor it; and have marketing do real market analysis, not sales and sales support.

    Look back in the pre-80's business and economics textbooks...they had it right and it still is right...

    --
    Supreme Granter of Doctor of Obviology Letters ("A FIRM Command of the Obvious")
  26. H1-B isnt such a great deal for the Indians either by mcmonkey · · Score: 4, Insightful

    Howdy,

    Most of the comments so far are from the point of view of the displaced worker, but the H1-B program has a lot of pit falls for the foreign nationals who come to the USA.

    First, H1-B is a temporary visa. People come here, settle down, buy a home, start a family, become part of the community. But unless they take steps to achieve a more permanent status, such as citizenship or having a green card, they can be kicked out of the country at a moments notice. And with the current political climate, I wouldn't recommend overstaying your visa in the USA right now.

    Second, H1-B is sponsored by a company. The worker only has the legal right to work for that company. Don't like your working conditions? Don't think you're getting a fair wage? Fine, then leave your home, family, and friends and leave the country. H1-Bs can't quit a job and look for other work. It's hard not to get settled in and used to a place after a couple years, so there are plenty of stories of people who thought of themselves as permanent residents getting shipped off.

    Third, part of the requirements for H1-B is workers get paid prevailing wages. One of the ways companies get around that is bringing in people with little experience. "Sure, the H1-B doesn't get paid as much as the citizen engineer. But one has 1 year experience and the other has 10, so you can't make a direct comparison." But what happens as the years go by as the worker with the visa gets more experienced and worth more in the marketplace? As the disparity between the prevailing rate and the H1-B's salary grows, the company as two choices. They can give the guy a raise. Although if they wanted to do that, they could of kept the original citizen worker that got laid off.

    The other option is to ship the guy or gal back to India and replace with a fresh new import. I'm not knocking India, but remember, this worker has spent years in the USA. May be married. May have kids who are citizens. But if that worker is H1-B, and the sponsoring company says buh-bye, then worker is taking a little one-way trip.

    Abuses of the H1-B program hurt the native workers here in the USA AND the foreign nationals who come here.

  27. Re:Sux it down Sun... by ergo98 · · Score: 5, Interesting

    So what is your point? Sun operates in the US, taking advantage of the H1B, because of the security, lack of corruption, good healthcare, etc. They are deriving definite benefits from operating in the US, and clearly it is their first choice over completely moving overseas. In essence Sun is having their cake and eating it too, abusing a system that was created because of the theoretical (and completely unproven lack of talent). Note that I'm not an American, nor do I live in the US, but given the supposed reason that H1Bs exist, one would think that every single H1B technology worker would have long been sent home. Instead companies like Sun keep using it as a bargaining tool to unfairly take advantage of the little guy. Of course this will hurt them as many of us have a real distasteful impression of Sun : I wouldn't touch their products personally.

    BTW: Before everyone yaps on about how the US worker had better suck it up and deal with it or they'll relocate to India, let me give you a more realistic scenario - Nothing is stopping the next Sun or Microsoft or Oracle or Intel from sprouting up as a home-grown venture in India, or wherever, given the supposed incredible talent and work ethics. Why haven't they?

  28. Another reason for immigration reform by wayward_son · · Score: 3, Insightful

    The H-1B fiasco is not the problem, it is a symptom of the problem. This is yet another reason massive immigration reform is needed.

    The INS wants to deport Hitesh Tolani, but gave renewed the 9/11 terrorists visas - AFTER 9/11! The whole system is bad and needs to be reformed from the ground up.

    Then we can talk about solving this problem.

  29. Re:H1-B isnt such a great deal for the Indians eit by forkboy · · Score: 4, Insightful

    Which is exactly why companies that heavily rely on H1Bs are so evil...not only are they depriving our own citizens of jobs, they're also mistreating and exploiting the foreign labor that comes to replace us. They do it because they can. Indians will let themselves be worked 60-70 hours a week for the same salary that the cute white little administrative assistant is getting (hell, probably less) because, well, it beats the alternative which is sitting in a pile of your own filth in India hoping to get a job that pays enough so you can eat.

    After world war II, there was a big grassroots movement to buy only American made cars and such. I'd like to see it taken one step further and only buy software, hardware, or services from tech companies that replace thousands of american workers with cheap exploitable foreign labor.

    --
    This message brought to you by the Council of People Who Are Sick of Seeing More People.
  30. it's about corporate greed by Etrigan_696 · · Score: 5, Insightful

    Sure - we are not "owed" all the luxuries Americans get, I'll agree with that. However, you are missing something: Neither is the corporate CEO. When a company like sun gets rid of American workers that they actually have to pay and hires H1Bs they can get "half-off", where do you think all that extra money goes?
    Does it go to help starving babies in africa? no.
    Does it go to help starving babies in china? no.
    Does it go to help starving babies in the US? no.
    Or even:
    Does it go to Sun's R&D dept? no.

    The money goes into the wallet of the rich men who did it in the first place.

    We have hired the government to "promote the general welfare" is how it is worded in the preamble to the constitution. For this service, we pay taxes. The government is supposed to defend the common man from the powerful and greedy. That includes greedy corporate executives willing to remove the big screen tv from your living room and put it in his own.

    If you think losing your job to a foreigner with an H1B is nothing to get upset over - try doing it yourself sometime.

    Most people in this thread are missing the point. It's not about racism. It's not about losing our jobs to the "damn foreigners". It's about protecting private citizens from corporate greed. That's one of our government's jobs, and they're sucking at it.

  31. No one will probably read this, but... by teetam · · Score: 4, Insightful
    Many of the comments in this thread really disappoint me. On various other topics, post after post deals with freedom in someway on /. Freedom from monopolies, freedom from buggy, closed source software, freedom from restrictive patents, freedom from any kind of government activity that restricts freedom of technology.

    It is perhaps a sign of the times that the same principles do not apply when it comes to immigrant workers.

    It is astonishing to me that the same people who want free, open markets when it comes to selling American products abroad (including software), want a protected, closed market for employment in US alone. Why this hypocrisy?

    For those who argue that every foreign worker who gets a job is taking away an American's job, can I say the same thing about American exports? Everytime a foreigner (individual or company) buys software from America, many jobs are taken away from that country! After all, if the same software had been written in that country, many of them would have been employed!!!

    Let us do this - let us stop all immigration and close the borders completely. All jobs will go only to (native-born) Americans. Hooray! However, we should also stop exporting software to other countries so that they can enjoy the same benefits. How about that?

    Seriously though, if you want foreign workers to demand a higher pay, abolish H1B visas and other such bureaucracies. Give a green card to anyone who comes to work in America. This way, without the noose of H1 visa, foreign workers will also demand a higher pay as per free market dictates.

    --
    All your favorite sites in one place!
    1. Re:No one will probably read this, but... by darkov · · Score: 3, Insightful

      It's called American hypocracy:

      - We want free open markets, except our agricultural markets
      - We want to stop maniacal leaders having the option of using weapons of mass distruction, but we'll keep our nukes, thanks.
      - Competition and free enterprise is the one true way, as long as it doesn't threten our jobs or our standard of living even if we can;t be bothered to get off our fat, lazy arses and work harder and/or innovate.

      And by the way, you're either with us or against us, so don;t try and point out our hypocracy, otherwise you'll be in the axis of evil before you know it.

  32. Silly gook ... by Glonoinha · · Score: 4, Funny

    >Would they have a problem with, say, a Canadian citizen, or an Irish, British, or Australian one?

    Australians, Canadians, British, and Irish, are all de-facto Americans (in that order, decreasingly so,) generally with funny but mild accents.

    They eat American food, can be understood on the phone by other Americans, bathe daily (well not sure about the Brits, but :), can be brought home to an American woman's family without her Archie Bunker father throwing a fit, might even know who Archie Bunker is ...

    --
    Glonoinha the MebiByte Slayer
  33. Labor Gripes by geomon · · Score: 3, Insightful

    You white collar workers sound amazingly like the blue collar labor of 20 years ago. American workers were losing jobs to Asia and Latin America while many of you were still crapping your diapers. Tech workers have avoided substantive discussion of labor rights anywhere on this board unless it affects you and your skill set.

    Why? Because you like to get cheap electronics, automobiles (relatively speaking), and food.

    Where were you when Kenworth shipped their jobs to Mexico? Where was the outrage from tech workers when automotive assembly jobs were being shipped overseas?

    Face it: Your skills have become a global commodity that can move to regions of lower wages just as easily as the employee working the assembly line. The only way you can preserve your jobs for Americans is to purge yourself Free Trade rhetoric and start signing the song of protectionism.

    But that would eventually end up costing you more of your annual income. When you get protection for your profession, other industries will be lining up to get theirs. Pretty soon you are paying $8US for a head of lettuce because you have to pay minimum wage to a US citizen rather than $2/hr to an illegal.

    And as has been already been pointed out by other posters, these people need to make a living too. The money they send home improves the standard of living in their own country which stabilizes their society and lessens the possibility that the US will have to intervene with foreign aid, or worse, the military.

    When you push on one side of the balloon, the other side starts to bulge.

    There are no easy answers to globalized labor.

    --
    "Rocky Rococo, at your cervix!"
  34. Why haven't they? Because the culture is broken. by Futurepower(R) · · Score: 3, Insightful


    "Nothing is stopping the next Sun or Microsoft or Oracle or Intel from sprouting up as a home-grown venture in India, or wherever, given the supposed incredible talent and work ethics. Why haven't they?"

    They haven't because the Indian Hindu culture is, in some ways, one of the most disfunctional in the world. When a U.S. company hires a Hindu worker, it usually gets someone who accepts the caste system, for example. The worker generally has a long history of accepting things the way they are and overlooking even major defects. (I spelled the word "disfunctional" because I don't like the original spelling.)

    Remember that most heads of technically oriented companies are not technically knowledgeable enough to know whether a programmer is doing a good job. They hire on the basis of price and a little understanding.

    What hasn't become apparent to the companies that hire Indian programmers is that they aren't getting the same quality of work as they would from U.S. citizens. Good programming requires someone who constantly asks whether what he or she is doing makes sense. Good programming requires constant creativity.

    There are, of course, many Indian programmers who are excellent in every way. But most are the followers that their culture requires them to be.

    The result is that programs are being written that will have to be re-written, and much sooner than they would if they were done by programmers from a culture that prizes independent thinking. The real cost of Indian programmers is higher than U.S. programmers, not lower.

    The U.S. has been through something like this before. In the early 70's it became fashionable in the U.S. to hire PhDs. The reasoning was that better educated people would be better employees. But, after about 12 or 15 years, companies realized that people who had PhDs were often robotic crank-turners. Sure, some PhDs were interested in education, but most had just put in their time getting an advanced degree. The policy of hiring PhDs brought about some spectacular failures; they often did not have sufficient knowledge outside a narrow field.

    We are seeing a wave of self-destruction in the United States. The U.S. government has killed perhaps 3,000,000 people and bombed 14 countries in the last 35 years. (See What should be the Response to Violence?.) United States companies are destroying themselves. (Microsoft is, for example, driving people to Linux by annoying its customers: Windows XP Shows the Direction Microsoft is Going.) The U.S. is becoming a country in which law is disregarded and disrepected. (See Airplanes are safe, but laws often crash.)

  35. What is dismaying... by Naum · · Score: 4, Informative

    ...here is a good deal of the comment content defending the H1B program that simply skirts reality.

    1. H1B visa holders are displacing American IT workers, regardless of whatever legal bullet point you wish to flash at me. It is a fact I can personally attest to it - twice, my job as an application support/develoopment programmer was supplanted by an H1B visa holder, and in one case my job was to train my replacement.
    2. H1B workers replacing American programmers is wrong. How can anyone justify adding an American worker to the unemployment queue for the sake of a cheaper, more captive immigrant worker is beyond me. Nothing against the visa holder who are motivated to advance and excel in a profession they desire, but not while skilled Americans are shuffled out of jobs and/or forced to work for lower wages due to the addition of a contrived, more captive, more restricted IT worker poll.
    3. The job advertisements for IT help reflect the sneaky, underhanded manner in which H1B holders are solicited to replace American workers. Instead of looking for bright, industrious individuals who are skilled and are eager to learn and tackle any task, a laundry list of skill set requirements and platform experience is dictated. Meanwhile, resumes and references from offshore can claim the H1B applicant possesses all of the necessary checklist prerequisites but there's no real way to authenticate it's indeed the truth. Again, from first hand experience, I can't tell you how many times the Indian offshore firm's pimp, er marketing guy, touted a prospective hire but then after seeing the guy/gal work for a while, it would be quite evident that the extent of this person's relevant experience was being handed a manual on the plane trip to America.
    4. Once upon a time, way back when, before dot-bombs and the ubiquitous prevalence of Microsoft on the desktop, employers would recruit programmer talent from the business side to address shortages. Aspiring wanna-be coders who arduously studied for a new company role would be given a chance to break in and serve the company in a higher position (many coming from customer service roles). They would endure cumbersome training sessions on their own time, and only a few would be chosen from the pool of hopeful applicants. It was a win/win deal for both employee and employer. After the implemenation of H1B, this is no longer done. In fact, it's had the effect of dissuading those who've already trained extensively and would otherwise be automatically drawn to fulfill a beneficial role in a computing discipline.
    5. Offshore migration of development/support work and importing of H1B temporary visa holders are not mutually exclusive trends. Any offshoring strategy, from the recent experience I've had in multiple instances, is heavily dependent upon immigrant liason agents, which utilize the H1B (or the L-visa) to augment the offshoring strategy. These lead level H1B holders interface between customer service/business user departments in the states and the team of juinor level members who remain in India (or the Phillipines, Malaysia, Mexico, etc. ...)
    6. You can quote immigration law or cite study statistics about how H1B are paid prevailing wage and such, but the truth is that while for some this may be, for many others it is not - as other posters have detailed in comment posts here, enforcement of H1B stipulations is lax and/or non-existent -- many visa holders are raped wage wise as Company A contracts to Company B which serves as "the bodyshop". Company A spokesman can simply say how much Company B individual is paid is up to Company B. Company B may likely not even be U.S. based, or if they are, they've engaged in repeated violations of U.S. labor law (see Syntel history) without paying much of a penalty for their misdeeds. Perhaps many will discount my anecdotal experience, but I came across a number of Indian H1Bs who "disappeared" in the states because of their restrictive employment
    --

    AZspot
  36. Re:Why haven't they? Because the culture is broken by version5 · · Score: 3, Insightful

    That's a pretty tenuous argument. With just a little thought, I could come up with a reason why living in and accepting the allegedly dysfunctional Hindu caste system may in fact help programmers. It goes something like this:

    People living under the Hindu caste system have to work around a dysfunctional and sometimes arbitrary set of rules and structures that they are unable to remove without drastic consequences. This greatly resembles the Win32 API(or C++ or Java or whatever), and as such, in order to get around the limitations and stupidity of a language/programming construct, it is beneficial to be practiced at getting around the limitations and stupidity of social constructs.

    In short, I see no compelling evidence for your point of view (or mine for that matter.) Its all just idle speculation with no basis in fact. If you can offer me actual evidence supporting your claim, then we can talk, but to me, this is mostly I-Really-Wish-It-Was-True reasoning.

    --

    "It's Dot Com!"

  37. H1B for domestic employees by An+dochasac · · Score: 4, Interesting

    H1B if enforced is actually a very good law. But we also need something which gives U.S. employees the same flexibility that H1B gives their employers. That is, if my job is exported overseas, I should have the right to follow that job and have a work visa in the target nation. Nations which export employees to the U.S. should be willing to import employees. The idea exchange which would take place would be benificial to all. You might think Americans wouldn't work in "sweatshop conditions", but working conditions can actually be better overseas. Ask a French employee how much vacation they get or how much notification is required before a layoff. The answer would make most Americans cry. Gross pay is the only benefit where American companies can compete globally, and then only companies in large U.S. cities. Vacation, flexibility, family friendliness, telecommuting and other worker right issues are better in almost every other first and second world nation. True capitalism would allow workers to flow to where they receive the best benefits to match their needs.

  38. It's about consolidation by composer777 · · Score: 4, Insightful

    I'm posting this in a bit more prominent place because it needs to be read.

    http://slashdot.org/comments.pl?sid=52446&thresh ol d=0&commentsort=0&tid=98&mode=thread&pid=5198618#5 201316

    Here are some other comments I have posted in the past, the text I am replying to is in italics:

    Firstly, what exactly are they supposed to do about it?

    That's the whole point, free trade makes it nearly impossible for governments to set a fair wage for it's workers. It effectively reduces worker's rights to zero. It gives all the power to corporations to shop for the cheapest labor, while keeping the barrier to market entry extremely high for businesses in 3rd world countries. So, the end result is that 3rd world countries are not enjoying the profits from this labor, since they aren't the ones that own the businesses.

    Secondly, how do you figure that it's $60,000 worth of work?

    How does a price for anything get set? It's a balancing act of supply and demand and competitive pressure. When there is no longer a balance, then certain things end up being grossly undervalued, while others are grossly over-valued. So, for example, with a huge amount of labor, and competition, wages are kept low, and are getting lower. However, on the top end, businesses are consolidating and are giving people less and less options. The end result is that the current system is creating an artificial imbalance, and yes, it is by design.

    I once met a fellow (suburban Chicago) who had a lawn cutting business and worked with VMS systems. The lawn cutting business during the season was earning him more money than the computer work. He had 8 or 9 trucks going out and cutting for him.

    It's important to dig deeper and ask why this is so. After all, computers and technology have far more money flowing in than lawn care, so doesn't it seem absurd to you that he is making more mowing lawns? You act as if it's a good thing. Where is all that money going? Can you answer that?

    Basicly what you are saying is exactly my point, even though it might not be obvious. I've been talking over and over about the devaluation of labor. And, you are backing my point up by showing that someone can make more money by owning their own lawn care business than by working in an industry that is awash in money. The reason is that the money in the tech industry is going to the owners? Why is it going to the owners? Not because they deserve, even if in some cases they do, but the reason it is going to the owner is because competition at the top is small, while at the bottom it is huge. Then there are barriers to entry in this market that are making it difficult for people to make the jump from employee to owner. The end result is a system which rewards those with power, while undervaluing labor. The way to get rid of this imbalance is by fostering competition at the highest levels. You do this by heavily subsidizing and promoting businesses that have less that 5% market share(yes, the 5% is somewhat arbitrary, but it's important to keep it small, but not too small). By promoting competition on the supply side, and among the owners of businesses, they will be forced to compete. This will ultimately increase the number of businesses, which will increase demand for labor, lower prices, and help rebalance competition.

    This is my whole problem with free trade. It is effectively removing barriers to entry that third world workers have in the labor market, while at the same time keeping the barriers to entry that third world businesses are faced with in place. It is further tilting the balance of competition in favor of business owners. While they may be able to start their own small businesses, I won't even laugh at the absurdity of what you are saying. Who cares if they get crumbs if they are not given an equal chance to compete in the more lucrative businesses? What you are saying is that they will get some crumbs and that they should be

  39. two sides to this coin... by Ominous+Armed+Cow · · Score: 3, Interesting

    You're pronouncement cuts both ways. Just because companies can pick and choose between H1B's doesn't mean they won't choose a cheaper H1B resource over an American every time.

    If you're putting "I require H1-B sponsorship" on your resume, you might as well print below it:

    "I am aware that the visa process poses considerable paperwork and expense, so I'll be grateful for a job, I will work for considerably less than an American can afford to, and I am legally constrained from jumping to another opportunity after you've trained me, unlike those fickle Americans who bail as soon as they decide you're company sucks."

    America outlawed indentured servitude with the 13th Amendment. It's time to stop pretending that a worker who can be deported at a moment's notice isn't subject to a coercive employment situation.

  40. Re:Why haven't they? Because the culture is broken by humblecoder · · Score: 3, Interesting

    Here's the catch, composer777...

    The H1-B didn't come about because of lassez-faire, capitalist economics. It came about because of GOVERNMENT REGULATION. The government passed a law which made it possible for companies to hire foreign workers and pay them below market wages. Because H1-B workers can't switch jobs easily, they have no leverage in negotiating salarys. In effect, this is govermnent subsidy that benefits corporations.

    I would argue that the solutions is to have the government stop passing regulations and give H1-B workers the freedom to ask for a raise or leave for a better job.