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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.

24 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 TWX · · Score: 5, Insightful

      "In WTO-world, corporations can move their jobs across borders but workers cannot follow. This one-sidedness pushes salaries down everywhere, as companies seek the cheapest available labor."

      What'll be the end of this, though? Eventually there'll be enough stabilization over the globe that it won't matter as much. I don't think that it'll happen in my lifetime, so it won't help me any, but as the world grows closer, I could envision this happening. Some countries with less free market play than here will have an advantage, for a while, but ultimately I think that it'll even out.

      The other trouble is that we're seeing paradigm shifts that people aren't ready for. Remember what happened to the Swiss watch and clock makers once Japanese engineers perfected the use of quartz for accurate timekeeping? Their entire industry disappeared in a matter of months. In this case, if programmers as a whole are overpaid or are charging too much for their work as others perceive it, then the others are going to find a solution that doesn't involve the programmers. It's happened in other industries before, it'll happen again, I'm sure.

      --
      Do not look into laser with remaining eye.
    2. Re:Duh... by soundcore · · Score: 5, Informative

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

    3. 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.

    4. Re:Duh... by dipipanone · · Score: 5, Funny

      "I'm a British tourist
      And I'm very very rude.
      I hate the foreigners
      I hate their stinking food.

      I don't like French or Germans
      Or care for Belgians much
      But most of all, most of all
      I hate the Dutch!

      The Dutch, the Dutch
      With fingers in their dikes
      They use the wrong side of the road
      And ride around on bikes.

      They don't have any manners
      They don't say "thanks" or "please"
      And all they eat is tulips
      And stinking gouda cheese."

      British Tourist,
      John Dowie

    5. Re:Duh... by captainktainer · · Score: 5, Insightful

      I don't buy it, and I'm glad you haven't been modded up. What you're failing to realize is that the immigrants from India (and loads of other countries) end up becoming Americans when they live and work here, and end up contributing productively to the economy.

      I get the feeling that when you say "Americans" you mean "Americans I'm comfortable with," which means "people who don't speak with accents and who have a similar skin color-" because if not I fail entirely to see the reason behind your statement. Our country is composed of immigrants and descendents of immigrants- hell, even the Native Americans are immigrants, if you trace it back far enough. You, yourself are the descendent of immigrants. So why spread FUD about people with roots analogous to your own?

      I just noticed the time/date stamp (I'm usually oblivious to dates), and it occurred to me that this is a very topical discussion to have today. Many of the people who died in the World Trade Center two years ago today were immigrants to the United States or here under work visas. Many of the firefighters and policemen who died were immigrants or the sons and daughters of immigrants. The immigrants "took American jobs"- and yet many became citizens or were in the process of becoming citizens, thus becoming Americans themselves. The point I'm making is that immigration- even in massive waves- has always been and will always be an important facet of the economic and cultural life of the United States, as has anti-immigrant bigotry, intolerance, and xenophobia. I invite you to reflect on this.

    6. Re:Duh... by micromoog · · Score: 5, Funny
      ...too bad it is at 70% of my current salary thanks to the H1-B's.

      Are you sure it's not because you're an incompetent hack?

    7. Re:Duh... by Lemmy+Caution · · Score: 5, Insightful

      I'm swimming in an ocean filled, not with water, but with irony.

      The US has enjoyed the benefits of globalization for decades now. Look at all the goods at your disposal, right now. Look at the computer, the mouse, the car, the food. Realize how much of it is affordable to you because they exported the labor, to a place that could make your underwear with labor that cost $1 a day.

      Now, imagine all the prices of all those goods increasing as every individual on the production and supply chain, all the way back to the origin, gets paid in US-standard wages that allows each and every worker to buy a US-sized house on a US-sized tract of land for a small nuclear family, with 2 recent-make cars for the family, health care, home entertainment systems, etc. Are you willing to pay $20 for a pair of socks to make that happen? $50,000 for an entry-level car?

      I'm all for wage convergance, labor and environmental riders on trade agreements - although that will also end up making your goods more expensive. But to think that the US has suffered under globalism is completley misguided.

      Also, the H1B visas were granted because of something that most IT professionals, particularly the libertarianish ones, just don't understand: class conflict. IT was very expensive blue-collar labor. The US economy is managerial capitalism, and it is in their class interests to push down the cost of that labor.

      Most IT types mistook their good wages for a sign of inclusion in the "wealth-generating," upper-classes. In fact, it was an artifact of a labor scarcity that has been engineered away. Now, the IT rabble has to take its place in front of the punch-clock like all the other line-workers.

    8. Re:Duh... by chmilar · · Score: 5, Insightful
      The term "free trade" is often used to describe trade agreements which do not fit the definition.

      True free trade allows:

      • Free movement of goods.
      • Free movement of capital.
      • Free movement of labor.

      The European Union has all three. It is a true "free trade" system.

      Most others, including NAFTA (North American Free Trade Agreement), do not allow free movement of labor. NAFTA permits "brain drain" labor movement to occur fairly easily ("temporary" work visas are easy to obtain for skilled/educated workers), but unskilled labor cannot cross borders.

      NAFTA and its ilk are not free trade agreements. They are better described as trans-national outsourcing agreements.

      --
      Reading Slashdot is ruining my spelling and grammar.
    9. 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.

    10. Re:Duh... by TopherC · · Score: 5, Insightful

      As someone who only speaks one language (called "an American") I find it an easy mistake to judge someone's intelligence by how well they speak English. It sounds like the author(s) of the stuff on this webpage are making the same mistake too. But as a physicist, I work with a lot of other people with Ph.D's for whom English is a second (or 3rd, 4th, or 5th) language, so my mistaken prejudices are gradually wearing off.

      For one example, I think that most foreign physicists I work with have better written grammar than the average US physicist, as more often than not these folks write the best papers. And on the other hand, I knew another fellow student who had great trouble speaking and writing English (and programming languages for that matter) in spite of several years of learning and speaking in the US, but who was an absolutely brilliant mathematician and theoretical physicist.

      So, a person's English-speaking skills are not a good measure of how well they communicate. And communication is just one dimension of intelligence, which itself is a massively multidimensional thing. IMHO intelligence is impossible to quantify in any meaningful way.

  2. Just usual by Karamchand · · Score: 5, Interesting

    That's common in many countries all around the world. As long as you aren't a citizien it is rather hard to get a job - not just because of possible prejudices but also simply because you are not allowed to!

  3. Of course he can't work there... by ksheka · · Score: 5, Insightful

    The laws are probably similar to the US:
    You can't immigrate to work unless you can prove that you can do a job that no one else in the country can do.
    If it wasn't for this law, the US would be flooded (more so than now) with techs and doctors from all over asia.

    --
    alias uptime="echo '5:33pm up 22342352324 days, 6:28, 2124315623 users, load average: 2432.40, 12312.31, 123123.19'"
  4. The bigger story by cindik · · Score: 5, Insightful

    of the two is the malware threat. Most countries have labor restrictions (when i went to an improv festival in Toronto, Canadian officials wanted to be certain I wasn't there to make $25 or so performing somewhere some night). But the risk of getting a little extra code in your outsourced project is something about which execs ought to be aware.

  5. Especially Americans who whorked for SCO by heironymouscoward · · Score: 5, Interesting

    Seriously: typical wage for Indian IT graduate: $200/month. Equivalent for US graduate: 10--20 times more.

    It is almost redundant to say that Indian firms won't be hiring many Americans.

    Curiously, my little firm is now subcontracting for Indian firms, so perhaps the rules can be bent a little for genius Belgians. C'est genial!

    --
    Ceci n'est pas une signature
    1. 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.

  6. 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...
  7. Why yes, it *is* illegal to work with no visa by kahei · · Score: 5, Insightful


    I have to inject dull ol' reality into another 'The Indians Are Coming!' flap, but why exactly is it surprising that he can go to India on holiday and can't work there? Does he have a work visa for India? Are Indians allowed to work in the US with no visa?

    I always figured the general pattern was that to work in country A, you need to be a citizen of country A or have a work permit issued by country A. Did this suddenly stop applying in the case of Americans wanting to work in India?

    Other than that, well, it's a competitive marketplace. If other people are selling the same skills -- or what are percieved as the same skills -- cheaper, then he's got to change something.

    Incidentally, I've known some terrible experiences with outsourcing to cheap countries and I think it's generally a false economy. But on the other hand, I think I'd rather have a disoriented and inexperienced Indian working for me than listen to this guy's whining.

    --
    Whence? Hence. Whither? Thither.
  8. TPS Report? by mkldev · · Score: 5, Funny
    Something I found amusing from the article:

    However, the SEI is introducing Team Process Software (TPS), which brings traceability of specific code modules to individual programmers, said Humphrey, a former IBM software engineering executive. Indian software companies and a few U.S. developers, notably Microsoft Corp., are aggressively implementing TPS.

    To which my immediate reply was, "Did you remember to include the right cover on your TPS report?" :-)

    --
    120 character sigs suck. Make it 250.
  9. Attorney Fees? by redfenix · · Score: 5, Insightful

    Oh, and I'm sure that the unemployed masses have the funds to sue corporations for giving preference to H1s.

    --
    "It's a very tangled subsystem." --Windows kernel guru
  10. 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.

  11. Immigration by TWX · · Score: 5, Insightful
    I think that you've read "Camp of the Saints" by Jean Raspail too recently, but I understand where you're coming from. I have some specific points to disagree with, though.
    • The United States is a nation of immigrants.
      The number of 'native' people here is confined to mostly people who have property right to an 'indian' reservation. The rest of us are either from somewhere else or of people decended from somewhere else within the last 200 years. There are very few people who can claim their only lineage from the original east coast Pre-US colonies. Immigrants have brought business ideas, culture, and intelligence. A vast array of our scientists that have developed military materiel are immigrants. We tolerate them, right?

    • Immigrants won't 'take' jobs from existing population for very long.
      Even in our economic downturn, we still have a rather small unemployment rate. Our economy has always been cyclical, and now is no different than any other time, other than the industries most strongly affected. On an upswing companies hire as many people as they can, if they have a need for them, and they trim back when they have spent in excess of what their workforce can deliver, based on economic times. This is normal. It sucks, but as long as we allow the severe swings that we see, it'll remain this way.

    • Immigrants generally contribute to the U.S. Economy over that of their homeland.
      When someone lives here, (s)he buys goods and services locally. This is money that isn't leaked out to foreign companies. Even the immigrant that sends money home for family ends up spending a lot here, since the cost of living is so high. I'd want to see raw figures collected by someone without a bias one way or the other before I would revise that thought.

    • Immigrants frequently assimilate into the U.S.
      Not all immigrants remain, but many do. Many find a much better life here than they have in other parts of the world. They see the salaries of their peers, and ultimately want that salary, or more of that lifestyle. They get addicted to pay-per-view and pizza delivery and cheap transportation. They become part of 'us'. I won't say that they all do, for many who come from countries as economically comparable per capita as the U.S. don't assimilate, but they have no reason to, either. Those from poorer countries become Americans. Their original culture doesn't disappear, but it all gets thrown in.

    It's not nearly as clear of an issue as people make it out to be.
    --
    Do not look into laser with remaining eye.
  12. 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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  13. 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.