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No Americans Need Apply

Victor G. Sommers writes "Daniel Soong, who lost his programming job to Indian offshore companies, is willing to relocate to India. 'It would be really interesting to work in Bangalore,' he says. 'But I was told, "Daniel, it is against the law for you to work here. You can come here on vacation, but you can't work here."' Indian officials have told him they don't hire Americans." An article in ComputerWorld talks about the possibility of getting more than you bargained for in outsourced code.

9 of 1,374 comments (clear)

  1. Duh... by tliet · · Score: 5, Informative

    Well, duh... As a dutchman it's also not possible for me to relocate to the USA. Unless I prove that there's no way my skills can be found in the States.

    1. Re:Duh... by soundcore · · Score: 5, Informative

      Read this and then come back and we'll talk. http://www.zazona.com/ShameH1B/Horror.htm

    2. Re:Duh... by soundcore · · Score: 5, Informative

      Well it IS in violation of the law. U.S. law forbids discrimination in hiring on the basis of national origin. But guess what? The EEOC will NOT investigate ANY complaints filled by AMERICANS. Imagine being locked out of your own job market in your OWN country because 4 million non-immigrant guest workers have been imported to fill you jobs. Only in the U.S. will this be tolerated.

    3. Re:Duh... by StevenMaurer · · Score: 5, Informative
      No, an H1-B is granted to a foreign national who fits the requirements of a job, if no qualified American or permanent resident can be found after a reasonable recruiting effort.

      Unfortunately, who determines whether the individual is qualified is the employer. This means that the only real requirement is that the employer advertise for a job for which they have absolutely no intention of hiring anyone.

      Sometimes - to keep down the number of responses, they'll also stick in all sorts of obscure unrelated skills their visa applicant has. You see this a lot on job boards -- "HW Design Engineer working in Boise - must be fluent in Mandarin".

      This comes straight from the mouth of a senior HR recruiter I knew at a previous company.

  2. Not exactly unfair or unusual. by Altima(BoB) · · Score: 5, Informative

    With the exception of places like the EU, it is not unusual for foreigners to just pack up and grab a job someplace else. I doubt people will be surprised by this, considering that what happened three years ago today reminded people to tighten Visa restrictions. Who knows, it may have been much easier five years ago, but today that's just the way it is. Here in Ireland there are immigrants who are qualified doctors, but because they aren't allowed to work here as anything other than a fast food counter-person, their skills are totally wasted. It's not discrimination, it's just the way the world works.

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    Yup...
  3. It isn't true. by pubjames · · Score: 5, Informative


    You can get a working visa for India. I have a friend that works there. It's just like anywhere else in the world in that respect.

    I expect this guy just got a tourist visa and turned up in India expecting to get employed, and the person told him he couldn't legally employ him, which would be true because he had the wrong type of visa.

    Is there anywhere in the world where you can just turn up without a working visa and legally work? Not that I know.

    I wish the Slashdot editors would just spend five minutes googling to check the validity of this type of thing before posting.

  4. Re:Especially Americans who whorked for SCO by tetsuji · · Score: 5, Informative

    Having been in the Bangalore area in the past year, I think I can safely say I could live comfortably there on less than $1000 US per year. $200 a month is a great salary in India; I was there building houses with Habitat for Humanity and the average day laborer's pay was less than $1.

  5. You are all misinformed about the H1-B Visa. by Scot+Seese · · Score: 5, Informative

    My fiance' is presently working in the U.S. on an H1-B Visa. A quick refresher:

    H1-B visas are only granted to persons with the equivalent of a 4-year Bachellor's degree. Part of the application process involves going through a degree equivalency comparison by an accredited lawyer. My fiance' has a Masters' in Computer Science.

    H1-B visa holders have a minimum salary stipulation. I believe the last time I checked it was $35,000 US. My fiance is being paid the same salary as the person that held her position before her, which is substantially higher than minimum.

    The position she was hired for was unfilled for some time as the company could not find someone with her required database/programming/java skills locally (we reside in a small midwestern community of ~150,000 population including neighboring villages and suburbs.)

    The real culprit here is twofold:
    1. The L-1 Visa. The L-1 has *substantially* lower pay requirements. These are the job-stealing visas.

    2. Corporate greed and government inaction. CEO's just see their programming expense as a budget line item to be reduced, like finding a cheaper widget supplier. Government inaction is self-explanitory. They are closing the door too slowly.

    H1-B's are typically attracting highly educated Western Europeans to the U.S. for a number of reasons. Salaries that are 1.5 to 2x higher than back home (not 5-8x as compared to India), A significant other in the states (grin) or a sense of adventure and desire to try the U.S. for a while. I find it baffling that in the wake of the articles regarding Teller's passing that we're questioning the H1-B situation. Post WWII, alot of our brainpower came from Western Europe. Highly skilled, highly educated persons who desire to become U.S. citizens and melt into the pot are what strengthens the U.S.

    It.is.the.L-1.visa.that.is.killing.the.programmi ng .jobs.market.in.the.US.

    PERIOD.

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  6. Inflammatory subject. Here is a reality check. by Tor · · Score: 5, Informative
    The title "No Americans Need Apply" is both incorrect w.r.t. working in India (or other countries) in general, and only serve to rile up the more, ahem, chauvinist elements among the (American) Slashdot readership.

    In order to work in India, you need a work permit. Not knowing exactly the procedure for obtaining a work permit in India, I can only speculate that one will normally be issued only for jobs/diciplines for which there is no qualified native applicants.

    That's the same way it works in the USA. In order for foreigners to get a work permit (a H1-B visa), the prospective employer must:
    • Advertise the position publicly for 60 days
    • Demonstrate that the candidate has unique skills pertaining to the job
    • Be unable to find qualified candidates that are either citizens or permanent residents.


    The H1-B visa is temporary (expires after 3 years, can be renewed for a grand total of 6 years). This is kind of unique - not many other countries have this restriction.

    Finally, a H1-B visa is tied to a particular employer (which some other countries do, but not all), so the holder cannot change jobs without going through this process again.

    Given these restrictions, only a small percentage of American companies (usually mid-size companies that otherwise have troubles finding qualified personel) are willing to sponsor H1-B visas for foreign workers.

    In a country of ~250 million people, an influx of 150-200 thousand legal (H1-B) immigrant workers per year is nothing - indeed, a much lower percentage than other western countries (including my native Norway).

    Of course, illegal immigration is much larger, and a different problem alltogether. Too bad some of the less intelligent elements of this society is unable to distinguish the (modest) number of legal immigrants from the (huge) number of illegal immigrants.

    The process of getting a permanent residency ("green card") -- remember, the H1-B is only temporary -- is even harder, and many more steps are involved (including INS, the department of labor, and a handful of other agencies -- all of which are understaffed and overwhelmed).
    I was personally on a H1-B visa for nearly the allowed 6 years -- it took me that long to apply for (and receive) a green card. I am in a field where there is still a lot of demand for labor, and I am from a country for which parts of the application/qualification process goes quicker than for most. (Yes, the processing time of one of the agencies involved in the serialized green card application process depends on where you are from).

    Re: Outsourcing to India in general, I can only say: Tough. The USA is getting what it asked for - a more globalized economy. If the US gets easier access to foreign markets, then foreign countries get easier access to the US market as well. Indian-produced goods and services (whether managed by US companies or not) can enter the US market more freely, just like US goods and services have already entered other markets more freely.

    The bad news for industrialized countries is that this will level the global playing field w.r.t. salaries, standards of living, etc. The good news for the developing word is the same. All the same, it means further concentration of power an money in the hands of large, multinational corporations, whether they be incorporated in the USA or elsewhere.