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Complaints Filed Over Firms Seeking H1-B Holders
Vicissidude writes "Since May, the Programmers Guild has filed 100 complaints with the U.S. Department of Justice, accusing several companies of advertising that they specifically want H-1B workers, a violation of U.S. law. The U.S. Immigration and Nationality Act requires that U.S. jobs must be available to U.S. workers. The complaints stem from ads containing wording such as "We require candidates for H1B from India," and "We sponsor GC [green card] and we do prefer H1B holders," the Programmers Guild said. The Programmers Guild, looking for ads on major online job boards, has so far targeted only ads seeking computer programmers, the guild said. It plans to file 280 more complaints over the next six months."
Yes, this has completely gone out of hand. Call it 'domestic outsourcing' if you will - the end result is the same: hardworking and highly skilled American engineers have a tougher time finding a job. The H2B visa was never meant as a carde blanche for companies to replace native qualified workers with cheaper immigrant workers. It's time to nip this in the butt once and for all - surely the companies greatly enjoy this situation and it won't change or even get worse if we let 'the free market decide'.
In the dot-com rush of the late 1990s, yes, we needed H1-B workers because there plain simply was not enough workers. Not today. Today, any job posting made public gets hundreds of resumes. Jobs are getting filled quickly; people who have jobs in the tech field are working long hours for a fraction of what they would have made in the hight of the dot-com bubble. More and more companies are laying off workers; Sun just recently laid off 5000 workers. The US job market is weak and the H1-B workers just make it harder.
In America, we have different classes of Visas available for different reasons. H-1b is INTENDED to allow American companies to hire people with Master's degrees or better who have skillsets not available in America. In practice, it's used to bring in as many Bachelor's Degree holders as possible every year to drive wages down in highly skilled jobs. It's so popular that businesses actually run out of these visas within a few minutes of them becoming available every year. Current cap is 65,000 per Federal Fiscal Year- they're usually gone by 20 minutes after midnight on the first of October.
The big part is that these visas were originally sold as having *no* effect on US employment- after all, the skillsets are supposed to be completely unavailable in the United States, and no way to train anybody in that skillset. In practice though- well, you see some of the quotes from advertising for these jobs.
SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
If they are going to go after the H-1B program, maybe next they should set their sights on improving the GC process from what took, in some jurisdictions, up to 7 years, to something a lot more reasonable like 7 months, or why not 7 weeks? After all, the ridiculously lengthy GC process is just another point of abuse for foreign and hence American workers. To be fair, the process has already been "streamlined", where it now takes on average something around 3-4 years total. But, that's still far too long, and leaves people vulnerable. Perhaps the programmers guild would like to see this shortened so they they decrease the abuses and increases their membership?
It never ceases to amaze me how, globally, we have virtually free movement of capital, a moderately free movement of goods, but a heavily restricted movement of people. The three major components of the economy have dramatically different levels of restrictions depending on how the given component cuts between the wealthy and the working "classes".
Who wants a lightening fast immigration system? Not the employers...that's for sure. And yet, overall, that would arguably be best for the overall economy.
"It turns out the so-called free market isn't quite so free, if you're a worker bee".
They don't just want to pay less, they want a carte blanche to treat their employees like crap. An H1-B visa worker will put up with a lot more abuse from an employer since they depend on the employer to keep them in the country. This is the evolution of the idea of preferring people with families to single workers. The theory is, if they have a family, they also have a mortgage, car payments, college tuition, etc... to provide for their family, making it much less likely they will up and quit if the employer treats them unfairly.
The IEEE , Department for Professional Employees, AFL-CIO and researhers such as Norm Matloff speak up against the H-1B abuse.
Lots of folks speak up against it.
The hired gun lobbyist Harris Miller loses to Jim Webb. Miller ran an unaplogetic pro H-1B and pro-outsourcing campaign. Seems the voters in Virginia don't like Harris Miller's record.
Heck, even Milton Friedman calls it a subsidy.
Ah-ha! There is the real damage being done to not only our economy, but our society as a whole! The idea that it's ok to fill entry level positions with cheap foreign labor/workers it a cancer on our society. Those entry level positions may not be that important, but you learn a lot in those jobs, especially right out of college. If you can't get real world experience, how will you ever get that "nice job"? Get a friend to tailor a job for you in a position you have zero experience with? Fake it on your resume and hope they don't find out? If you do not have entry level positions for those graduating from college, they will never mature into experience programmers/engineers and we'll have to pull from the H-1B visa holders again for the experienced positions. After all, they were the ones in the entry level positions, they got the experience, so they should get the jobs at the next level too. Soon even the most experienced positions will be available for foreign replacement. And where will you be then? In the unemployment line or busing tables like the rest of us educated types who never got our careers off the ground because there were no entry level positions for us.
Space for rent, inquire within
I'm not sure what the Programmer's Guild does, other than make a big stink about H-1B visas.
Might I suggest going to, say, their web site and reading the plain-English ByLaws page? In particular, "ARTICLE 3 - PURPOSE", which contains a bulleted list of, well, what they do.
but if the H-1B situation was really as cut and dried, criminal and downright treasonous as the Programmer's Guild says, wouldn't there be some other parties chiming in on the issue?
Follow the money... Who benefits by driving down the cost of competant IT work? Hint - not "everybody but IT workers", because when we have money, we spend it as though the apocalypse will happen tomorrow.
As for whether or not companies really engage in such reprehensible hiring practices, you need look no further than the employment section of your local paper. See the tiny, unappealing buzzword-laden ads for experienced coders, paying a third the going rate in your area? Those companies will not get responses from anyone but interns. They can then claim they couldn't find anyone to take the job despite "honestly" trying, and can then hire H1Bs.
Regardless of your opinion of outsourced labor, I don't think anyone would consider such transparent tactics as anything but a legal farce.
wouldn't there be some other parties chiming in on the issue?
While IT people may have extremely well-organized personal lives (social and desktop notwithstanding), we don't tend to organize into larger bodies. The "I" in "INTP/INTJ" doesn't stand for "I likes large crowds".
I only care about the country I was born in. The rest of the world can die in nuclear fire as far as I care.
And there was I about to feel sorry for you....
Try NetBSD... safe,straightforward,useful.
Also it is good to know there are minimum salary levels for the H1-B workers. A company can't hire a senior programmer from outside of US and pay 20k per year. This doesn't mean that some companies might not abuse the system and try different tricks to get cheaper work force but I really belive that the majority of H1-B workers came in US because companies couldn't find qualified people.
The truth is that there aren't many good programmers out there and there is still a lot of demand for them. I see many programmers coming for interviews at the company I work for and when someone good arrives (not very often) it is very difficult to get them as they already have several offers from other companies.
BTW I am also a H1-B worker and I'm payed a competitive salary and the company also pays a lot of legal fees for my H1-B and green card. Besides that I pay income taxes and spend all my money here in the US. America has a lot to win from the H1-B program.
but if the H-1B situation was really as cut and dried...
Often it is not. There are many wiggly loopholes. Examples from my old blog:
# Resume Templating - Add every skill that a given H-1B candidate has on his/her resume into the "needed skills" line of the application form. That way the "needs" profile will never match a citizen above the probability of winning the Instant Millionaire lottery. Government inspectors are usually too overworked and/or not knowledgeable enough to check and follow-up on actual skills used on the job, especially if there are more than a few. (This approach was also covered in another message.)
# Undocumented Experience - Claim a highly experienced H-1B applicant is really only a beginner, and thus a company gets experience at beginner rates. Inspectors cannot realistically check somebody's skill background as obtained inside a foreign country. If they do find out, claim you didn't know. Just make sure the experience is not on your "official" copy of the visa worker's resume. It is an easy lie to get away with.
# Take Advantage of Situation - Work the H-1B overtime or weekends without extra pay. Complaining risks getting the H-1B sent home, so they usually keep quiet. Plus, they may not understand how our legal system works or be intimidated by a process foreign to them. (US money is worth more to them due to exchange rates when they eventually go back home, and thus they often just live with labor abuses without complaint in order reduce risk while obtaining their financial nest-egg.)
# Tinker with Titles - Information technology (IT) titles are often vague, inconsistent, and overlapping. It is hard to penalize a company for using the wrong IT title on an application form because there practically is no such thing as an objectively "wrong title" in IT. Plus, most IT work involves a mixture of a lot of different skills, such as programming, analysis, debugging, customer support, documentation, etc. There are no consensus metrics for categorizing these based on ratios or percentage of usage.
# Outsource the Buck - A big company can contract the H-1B from a small, fly-by-night company that keeps a portion of an H-1B's pay, delays paychecks, does not pay overtime, etc. The big company that contracts out is then not exposed to the risk of dubious activity. They can claim that they did not know the contractor was abusing the visa workers (and may not know). Such small contracting companies are often staffed by people from the H-1B's originating country such that if they are caught or risk being caught, the company folds up and goes back to their home country where they can do other business. The risk of real penalties is very small. (Cross-country white-collar crime investigation tends to be poorly coordinated between countries involved.)
# Shred Citizen Resumes - Companies applying for visas are required to place an ad in a typical job listings source and review received resumes or applications for qualified citizens. Government inspectors may ask to see such resumes. However, if somebody takes citizens resume and shreds them, nobody besides the shredder will ever know they existed.
# Lopsided Interviews - Government inspectors don't sit through most live interviews. Thus, a company trying to weed out citizens can simply ask tough questions when interviewing the citizen, but be easy on the visa candidate.
Table-ized A.I.
In 1986, I got a job after graduating from Berkeley with a BS in EECS for $29,500/year. The last hire I made that I'd consider comparable was an Indian student from a state university with a masters. We hired him for $60K/year. I checked out this site for inflation rates:
http://eh.net/hmit/compare/
In short, a smart engineer with a college degree makes the same today as he did 20 years ago. Even back then, half engineers I graduated with were Indian or Chinese. It's no different today.
Sure, we engineers have to compete globally, which makes us poorer on average than doctors and lawyers. I's still rather be an engineer.
The first month after taking that first job, I was approached by communist picketers outside my workplace. They were pushing for unions, and higher wages. These Programmers Guild people are no different. It was a bad idea then, just as it is now.
Beer is proof that God loves us, and wants us to be happy.
And then there's the method preferred by a previous employer of mine - have a Sri Lankan CEO that has good buddies in the Sri Lankan IT services industry, and mysteriously have people shipped in without even having posted the openings. When I started there, our department had four Americans, one Pakistani, and one Bulgarian. The Pakistani and Bulgarian both were U.S. citizens. Five years later when I left, we had four Americans (3 good people, 1 basket case), two Pakistanis (one H1-B) who were a little above average, one Indian who was largely useless (H1-B), and IIRC, 7 Sri Lankans (all H1-B, all pretty decent). I personally handed in no less than five resumes of qualified locals that I knew for two of positions that *were* advertised, and not a single one was contacted. "Qualified" meaning they had the required skills (and I could personally vouch for their competence), most of the "good to have" skills, were available, and were willing to work for industry standard wages. The "industry standard wages" part was the kicker - I found out later at least two of the Sri Lankans were working for a little more than half of what I was, when their experience and abilities warranted pay on par with mine. They had also told me that they were bound to the company by restrictive contracts that would end up costing them thousands of dollars if they left, but felt that they had to do it if they wanted to eventually get a green card.
The H1-B program is a joke. It's often not fair to the Americans that get displaced, and it's often not fair to the visa holders, who in my experience can end up in situations resembling indentured servitude. The only parties that consistently benefit from it are those unscrupulous companies who aren't willing to follow the law, since the government does next to nothing to enforce the requirements placed on employers.
Please stand clear of the doors, por favor mantenganse alejado de las puertas