Slashdot Mirror
Report Indicates Widespread H-1B Visa Fraud
Vrst1013 notes a Business Week account of a government report examining fraud in the H-1B program. The US Citizenship and Immigration Services just released a report to members of the Senate Judiciary Committee examining issues with fraud and technical violations within this program. Based on a sample size of 246 H-1B petitions, 13.4 percent showed fraud and 7.3 percent showed technical violations, for an overall violation rate of 20.7 percent. There was slso evidence of payment below the prevailing wage, offers of non-existent jobs, and fraudulent documentation. "'The report makes it clear that the H-1B program is rife with abuse and misuse,' says Ron Hira, [a professor] at the Rochester Institute of Technology ... However, both Presidential candidates, Senator Barack Obama and Senator John McCain, have said they support expanding the program."
I'm continually amazed at the H1B visa issue.
Took me 5 min's to come up with a reasonable solution to the issues.
Original Problem: Some companies need skilled employee's that are not available in the US.
Created problems: Many companies like hiring folks from elsewhere because even with associated costs of the visa and transportation it's still a huge cost savings over paying US wages for the same work.
Solution: Have a relatively unlimited pool of available H1B visa's. With the provision that anyone hired must be paid 110% of the prevailing US wage for the work.
That way if they really need skills not available they can get them but there is a real financial incentive to use local talent.
Ward
Ward
. Silence! Be thankful thy species is unpalatable! .
I'm shocked, just shocked. In fact, I'm so shocked that a team of immigrants will be needed to pick my lower jaw up from the floor(no americans are available, I checked, really.).
Seriously though. I'm not opposed to immigration in itself, after all, one of the things that America has consistently gained from is being able to attract skilled and/or motivated people from all over(and, I can't ethically get behind the "America is the land of opportunity for anybody who immigrated before date X, after date X, all immigrants are damn dirty foreigners" type arguments). What I am opposed to is horrid compromise structures that don't work all that well, and provide huge incentives for fraud. If we want immigration, let's reform the process by which people can apply for and obtain legal residency and, ideally, eventually citizenship. If we don't, then let's be straightforward about forbidding it. A bullshit half measure where corporations get to import quasi-indentured labor who are on a sorta-kinda-not-really track to naturalization is the worst of both worlds. All the stuff about immigration that makes nativist labor types nervous, without the benefits of attracting and naturalizing the best, brightest, and most motivated.
Comment removed based on user account deletion
People say there aren't enough skilled workers, but from what I can, there are too many people in the IT field. We posted for an opening and we had 40+ candidates in under a couple of hours. Many had little to no skills, but who's to say that I would get a better candidate from another country? Besides, if u keep hiring candidates from outside, then how will the non-experienced people that are in the US get the experience they need? We can't support the whole world by saying, come on down. I will get you a job because I don't want to pay the American worker so much money. Well, guess what, you can pay me 15K/yr, or 100K/yr. I still have to pay the same price for everday items that I NEED, forget what I WANT. So, how do I live on the poverty scale, when I went to school in hopes of making more money in the first place?
What reasonable justification does the US government have for denying foreigners the same opportunities that American citizens have?
Other countries also deny or restrict foreigners working within their borders. Why should the U.S. be any different? Even to work in Mexico, a U.S. worker has to obtain a work visa, even if only to work in the Mexican office of a U.S. owned company that happens to be a few hundred yards over the border for one day.
If you are not allowed to question your government then the government has answered your question.
I was going to mod you up, but I'll comment instead so people understand.
A big part of the problem with the H1B program is that the visas are tied to one employer. A foreigner comes over to work, finds out the job is crappy, and is stuck in the job. She can't find a better job with better pay or better hours. She either works to the end of the visa, or goes back to her country early.
A big improvement to the program would be to cut this tie. Employers would have to compete for H1B workers, just like they have to compete for American workers. This will raise the wages of H1B workers, which will make H1B workers *less* desirable over American workers.
There would be less H1Bs, and the ones that remained would be skilled workers whose skills are genuinely needed.
In summary, better treatment for H1B workers will lead to better wages and more jobs for American workers.
If you had super powers, would you use them for good, or for awesome?
The H1-B system works just fine as a transition for entry level employees that studies in the US. Practical training visas don't cover enough time to handle the long initial green card period, so they get extended into H1-Bs, which will let them continue to work for you.
Picking a random, experienced H1-B straight from India, China or Europe is no different than trying to hire an experienced programmer: It's very difficult to find a good programmer, no matter what. You really need to use references, have very good interviewing skills, or just luck out.
Good. It's nice to hear there is a fly in that ointment.
If this country is to build up the number of technical people, it needs to pay them. Companies like Microsoft complain there aren't enough skilled people but by abusing the H1B program, they depress the pay scale, they take jobs away from qualified (but more expensive) Americans, etc.
And with a 20% fraud rate, the H1B program needs an overhaul.
If you do a good job, communicate well, and are well rounded you should never have to worry about a job.
Ah, yes, I was once naive like that too and said much the same thing about others who were losing their jobs. I thought that there would always be jobs for the top 10% of their engineering class, the ones whose managers praised them. The ones who were so adaptable they could learn a new language or environment over a weekend. But I was naive and I, too, was replaced by cheap H1B labor.
Take my advice. Learn to live on a third of your income. Then it will not hurt so bad when it happens to you.
If you are not allowed to question your government then the government has answered your question.
A degree in engineering is good. Engineering as a practice doesn't change a great deal -- technologies and techniques change and improve, but the basics will always apply. The same cannot be said of IT, however. It is a very moving target and closely linked to the technology and even vendor of choice. The basics of computer systems and principles are arguably the same, but people aren't taught that and aren't learning that... even in degree programs.
There is more to being a doctor or a lawyer or even an engineer than merely getting a degree. There are also professional associations and boards regulating their practices and credentials. So far, IT has managed without such professional structure, but the abuses we see are just screaming for it. The workplace is still teeming with people who responded to TV commercials promising "hot careers in technology."
Ultimately, aptitude, skill and talent need to become more measurable. There are too many people out there trying to make IT workers into assembly-line workers... but then again, I just called the classification "IT workers" and not "IT professionals" didn't I? Perhaps it could all start with names/titles.
Why are you upset about the difficult H-1B to immigrant policy? H-1B is not an immigration visa nor is it a path to citizenship. There are other programs for that. You enrolled in a non-immigrant program that wasn't designed to be a foothold for citizenship and now are complaining that the path to citizenship is difficult?
If the skilled worker program needs to be changed, then so be it. But at the moment, it was designed as a time-limited work visa and isn't advertised by the government as a way to attain citizenship. If your employer indicated otherwise, then you were duped. If you hoped otherwise, then it's unfortunate for you. It doesn't mean you should be indignant about it.
That's actually the opposite of what many of us want. How about: just stop letting people immigrate into the U.S. as glorified indentured servants.
I've said it before: I'd love to have open borders for technical talent. I'm willing to compete with anyone in the world on technical ability. And, if they're better than me I guess I'll just have a chance to work for them when they start their own companies.
However, I don't want to take part in a race to the bottom of wages and benefits. And, that's what H1-B and similar programs are designed to do.
Waltz, nymph, for quick jigs vex Bud.