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US Senators Question Indian Firms Over H-1Bs

xzvf sends us a link to a BusinessWeek report on the campaign of two US senators to get answers to how H-1B work visas are actually being used. Yesterday Senators Chuck Grassley (R-IA) and Richard Durbin (D-IL) sent a letter (PDF) to nine Indian outsourcing firms that, among them, snapped up 30% of the H-1B visas issued last year. The senators want to know, among other things, whether the H-1B program is being used to enable the offshoring of American jobs. "Critics say outsourcing firms, including Infosys Technologies and Wipro, are using the visas to replace US employees with foreign workers, often cycling overseas staff through US training programs before sending them back into jobs at home."

11 of 415 comments (clear)

  1. Re:Yes... by Axe · · Score: 5, Insightful
    The same can be said about outsourced project - both domestic and overseas.

    Legitimate H1B - not from the contractor sweat shops are not taking any jobs aways. Tried hiring anybody decent recently?

    --
    <^>_<(ô ô)>_<^>
  2. The non-intuitive solution by Anonymous Coward · · Score: 5, Insightful

    The solution to keeping jobs in the USA is to keep the best of the foreign talent here in the USA. We should be pinning a green card to anybody with an engineering, medical, or CS degree and encouraging them to stay, and bring their families, and start many JOB GENERATING BUSINESSES *here*. Reduce the incentives to go home. Reduce incentives to hire offshore (like onerous medical insurance costs, ahem), and in 10 years, you'll have a nice technopoly in the USA instead of India, China, Russia, etc.

    1. Re:The non-intuitive solution by damista · · Score: 5, Insightful

      Well, this is kind of how the system was intended isn't it?

      Instead of complaining that foreigners take American jobs, you (not you personally but "you" as in the US) got to ask yourself, where the US would be today, if it wasn't for the immigrants. Not every foreigner is an idiot, just like not every American is the best choice for a certain job. Some immigrants will fail miserably and others will succeed and maybe even start their own, successful business and create new, American jobs. Those who fail will be replaced, be it by Americans or new immigrants.

      Btw. US companies exploit workers from other countries as well and take jobs from others. I don't want to know how many companies have been bought by US based businesses and then closed down, since the only interest the US companies had, were the product portfolios and the customer base. So why should Indian companies care about US jobs, if the US couldn't care less about other peoples jobs?

      What the US must never forget is that they need the rest of the world just as much as the rest of the world needs the US.

    2. Re:The non-intuitive solution by ecuador_gr · · Score: 5, Insightful

      Exactly my feeling and situation. After an MS in CS at a decent US University (my European BS is in Physics), I started working as an H1-b at a US firm. After two years, I am one of the most valuable members of my group and my employer definitely wants to keep me here in NY, however my fiancee is from Europe and cannot work legally here (even if I marry her). It is kind of harder for her to get an H1-b visa (her BA is in Classics, plus H1-b's are snatched instantly). The company lawyer told me that it is highly unlikely for me to get a Green card in the foreseeable future, no matter how indispensable my employer thinks I am, since according to the rules, I cannot use my experience in the current company as part of my qualifications to justify the Green card. And of course the fact that you might be exceptionally good does not matter in the application for a Green Card (unless you have made headlines - there is provision for Nobel price winners etc). So, I am kind of thinking of heading back home, of course I do make enough for a family here but my fiancee hates not being able to work and I can't blame her...
      You don't have to say the US will loose if I myself leave (you don't know me to judge if it is the case), but I am sure there are many talented people out there in such a situation.

  3. Re:Yes... by amitabh_bachhan · · Score: 5, Insightful

    This is not completely accurate. Indian students who graduate from US universities also work on H1-B when they join American companies and they are certainly not paid lower than their American counterparts. So you would still need something like H1-B to use foreign (as in those who dont have a right to work without a permit) students from US univs.

  4. Re:Yes... by Anonymous Coward · · Score: 5, Informative

    ...and they are certainly not paid lower than their American counterparts.


    WRONG! Sorry to bust your bubble, but this has been studied. H1-B's average less than their American counter parts. You can't pull that one off here Buckwheat!

    Have you been through an MBA program lately? Well along with my 15 years of engineering experience and my BS EE and MS CS, I earned my MBA 3 years ago. We studied these sorts of things. The use of H-1B's and offshoring were stressed as a means to bring down laybor costs (not just in tech, but in health care, accounting, etc).

    And as a manager I can tell you that upper management EXPECTS us to lower costs using these "tools".
  5. happy this is happenning by thinkingpen · · Score: 5, Informative

    I worked at one of these firms in India before. The common practice there is to file for a H-1B visa in anticipation of future onsite trips. Many hundreds go unused. A number of my collegues got their visas stamped, but never travelled. Some were never intended to be used at all. The project manager told me they are just a backup in case of emergency situations (e.g., an onsite contractor might have to go back to India within short notice etc.) I think this is the main reason behind the recent inflation in number of H1-B applicants. This is certainly abuse of the H1-B program!

    These companies should not be granted so many visas. If you want to increase competitiveness grant more visas to foreign students from top universities in the US. Giving out visas to these companies will only get you mediocre people who know nothing about computer science (yeah well, they know a lot about time sheets, status reports and how not to manage a team) - ofcourse there will be exceptions, but the largely the crowd that comes here aren't any super skilled programmers. They would just know a bit of their client's business and a few programs in some subsystem that is written in COBOL.

    I am happy to have left that sweat shop in pursuit of my masters degree a couple of years ago. Never wanna go back to them! they do not do anything related to computer science there! it's all plain business. You are not allowed to fix ugly code if you feel like it - the client should be ready to pay for that too !! no smart ideas here please .. every solution to every possible problem is documented (hey we're a CMM level 5 company!) and no process that wassn't used before should ever be encouraged.

    Trust me, tis nothing like cutting edge. Far from it. I laugh when Bangalore is called the silicon valley of the East!

  6. Why this years visas were filled in one day by Anonymous Coward · · Score: 5, Insightful

    I agree.

    On a positive note though, over 100,000 visa holders are going home this year, and another 100,000+ in each of the next two years.

    There were 190,000 visas issued in each of the years 2001, 2002, 2003, before the limit went back down to 65,000. THIS is the single reason why all of the H1-B visas were used up in one single day.

    300,000+ H1-Bs is a VERY significant number of the IT unemployed. So this might look good, unless Congress changes things.

    Unfortunately, Congress is debating RIGHT NOW on increasing this limit. The current proposals are to bump the number back up to 195,000; either directly, or indirectly through a new quota system.

    If you don't want to repeat the years after the dot-com bust, you need to fax or write (preferrably not email) your representatives in Congress RIGHT NOW. That means this week. Otherwise, there's a very good chance that this limit will change upwards, as there's a lot of money driving the issue.

    Also, the people driving the lobbying efforts have stated that if they don't get this passed this year, it won't get changed next year, as that's a major election year.

  7. Re:Yes... by penrodyn · · Score: 5, Informative

    I'm on a H1-B and I can guarantee that I am not paid less than my peers.

  8. How about... by Belial6 · · Score: 5, Interesting

    How about we just require that H1Bs get paid 1.5 to 2 times the prevailing wage. This would stop companies from hiring them to save money over local workers. It would mean that if a company hired them, they really needed them.

  9. Re:Yes... by h2_plus_O · · Score: 5, Insightful

    It's not nearly as "simple" as you might think.
    Yes, it is.
    In theory, theory and practice are the same. In practice, they often are not. Law and code have a shared characteristic: unintended consequences can make a good idea (in theory) into an unmitigated disaster (in practice).

    The law is littered with unintended outcomes:
    • The income tax deduction for interest paid on home mortgages actually drives up the rate the market will bear, making it more expensive for non-itemizers to borrow than it otherwise would be. The mortgage interest deduction was intended to promote home ownership by making it cheaper, but for the majority of people (who do not itemize) it makes it more expensive.
    • It's illegal to hire undocumented workers. These laws are intended to protect domestic workers, but they actually create a black market of undocumented labor that can't negotiate fair wages for fear of being deported, which undercuts the prices domestic labor would theoretically command.
    • Making drugs illegal was intended, in theory, to marginalize their use by making them too expensive or risky. Instead, pot is our #1 cash crop and the funding source of choice for organized crime.
    • We subsidize farmers to make food plentiful and cheap. They then sell their (cheap) crops on the world market, putting farmers around the world out of work. The farmers go to cities to compete for manufacturing jobs, producing cheap manufactured goods for import back into the US at rates cheaper than US workers can compete with, putting US manufacturers out of work.
    • We also subsidize farmers to protect their way of life. This attracts corporations who compete for the tax subsidies and benefits available to farmers, crowding family farmers out of the business.
    I might go so far as to speculate that the ratio of unintended consequences to intended ones for any given law is postive. Doubly so if the law tries to thwart economic reality.
    --
    If there's one thing I won't stand for, it's intolerance.