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Senator Prods Microsoft On H-1B Visas After Layoff Plans

CWmike writes "US Sen. Charles Grassley (R-Iowa) told Microsoft this week that US citizens should get priority over H-1B visa holders as the software vendor moves forward on its plan to cut 5,000 jobs. 'These work visa programs were never intended to allow a company to retain foreign guest workers rather than similarly qualified American workers, when that company cuts jobs during an economic downturn,' Grassley wrote in a letter sent Thursday to Microsoft CEO Steve Ballmer. The letter asked Microsoft to detail the types of jobs that will be eliminated and how those cuts will affect the company's H-1B workers." Reader theodp adds, "On Friday, Microsoft coincidentally announced it would postpone construction of a planned $500 million data center in Grassley's home state of Iowa, although work on data centers in Chicago and Dublin will continue."

14 of 574 comments (clear)

  1. Republican? by DoofusOfDeath · · Score: 3, Interesting

    Surprised a Republican did this. These guys are more likable when not in power, I guess.

    1. Re:Republican? by Anonymous Coward · · Score: 3, Interesting

      Depends on where the layoffs are. Maybe it is in sections of Microsoft with no H1-B visas, after all I don't think they have hired marketing and HR guys through that program.

      It could also be true that _Microsoft_ needed more H1-B visas, because other companies use them in quite a bad way and there are no visas left for the fairly few people MS do want to bring over. The issue isn't that terribly black and white after all, and got tons of twists and turns.

      I am happy on the other hand that the senate is looking into the whole H1-B visa thing, and I would hope that US media would do the same. I do not hold an H1-B myself, nor am I a US Citizen, but I have gotten my I-130 approved and I am itching to go over (to those that don't want to google, I-130 == I am married to a US citizen).

      I don't like either of the extremes, i.e. no foreigners here nor let's get poor people with fake degrees and pay them shit. I think the system needs to be fair and honest, which it isn't right now. The same with the huge population of illegal immigrants. A short term work visa for jobs that won't be filled by US Citizens would greatly help a lot of now illegal immigrants that can temporarily work in the US and send money home. Hopefully that can give a boost to their home country (money, skills) and have them improve their situation. People who are forced to move because of the situation in their home country needs help, where they are, as we all need freedom and the right to happiness. Not just US citizens.

    2. Re:Republican? by commodore64_love · · Score: 4, Interesting

      >>>Actually, it's none of the senator's business.

      I agree. Therefore the government should immediately revoke all foreign VISAs, and assume a role of non-interference when it comes to labor: "You say you want to hire foreigners?" Bill Gates: "Yes." Congress: "Too bad. We won't help you import non-americans; find a different solution to your labor shortage."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Republican? by Penguinisto · · Score: 3, Interesting

      BillG's response might be "OK, I'm outsourcing half of Redmond to China, India, and Vietnam, and laying off 20000 in the US. Care to give me a different answer?"

      Sure - MSFT pays tariff and import taxes atop their corporate income tax, and the US Government mandates an immediate switch to Open Source and ODF as their file format standard for all gov't agencies and departments.

      That's the problem with gamesmanship against the gov't (any government)... the gov't has the means to really screw your day when you start issuing ultimatums. Just ask MSFT how it's going with the EU right now if you want a comparison.

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:Republican? by sweetooth · · Score: 4, Interesting

      Microsoft just let 1400 workers go from their Licensing division in Reno, NV. Those are almost entirely non technical staff and would fall into the "financial services" folks they said they would lay off. It's also extremely unlikely there were any workers in that portion of the layoffs that had an H1-B.

      Now, I would agree with the senator that if two people are being considered for a layoff and one has an H1-B and the other is a citizen, the H1-B should be let go. The reason being that Microsoft and the other tech companies argued that they desperately needed the cap on H1-B's to be increased as they couldn't find skilled workers in the US to fill the positions. At a time of layoffs, in the situation I described, that would obviously not be true any more.

    5. Re:Republican? by commodore64_love · · Score: 3, Interesting

      That's interesting.

      I applied to Microsoft several times as an engineer, but they never even called me. I would have been happy to take a chair, rather than force them to import "Azid Thmbingam" from overseas. Especially since I was unemployed at the time.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:Republican? by peektwice · · Score: 3, Interesting

      The point of the H1-B visa was not to get cheaper workers. It was to address a (falsified) shortage of qualified workers.

      --
      Other than this text, there is no discernible information contained in this sig.
  2. Re:...because H1Bs are forms, not people by matt4077 · · Score: 5, Interesting

    These H1B holders are well-educated. They'd be able to take of themselves. They'll return home and be a huge benefit to their home country. The US, meanwhile, will lose these talents after probably having spent lots of money in educating them.

    Remember: the number of jobs is not fixed. A million unemployed but well-educated nerds will probably lead to the next google, Apple or whatever. If you throw these people out of the country, those companies and their jobs are just created elsewhere.

  3. This is Major Tom to ground control. . . by Anonymous Coward · · Score: 5, Interesting

    I was laid off from my programming job and I have been looking for a job for a year now, and I keep getting passed on. I've even lowered my wage expectations and my references, former managers and coworkers, have a lot of good things to say about me. I am constantly applying through newspapers, monster.com, dice.com, etc. Why is a H1-B holder getting precedence over me? And, why are these companies laying off Americans in favor of keeping the H1-Bs? We have a problem, Houston.

    1. Re:This is Major Tom to ground control. . . by SerpentMage · · Score: 4, Interesting

      Have you actually thought about WHY you are not getting hired? And fixing those issues?

      My wife is a manager and I get to see the other side of things. They don't explicitly go out with the notion, "oh let's not hire X, but hire Y."

      They are just thankful that they can get anybody with skills.

      Right now there is a REALLY big problem, and a friend of mine says it best.

      "Those that you want to hire are not hirable, but those that are hirable you don't want."

      He said this because he noticed that there are many who calls themselves programmers, but are 2000 leftovers who got into it because you could make "lots and lots" of money. Hiring a programmer that you want to keep is these days very difficult.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
  4. Re:...because H1Bs are forms, not people by bahbar · · Score: 5, Interesting

    Having been in this situation a while back, no, there is officially no grace period. As far as I know, it just happens that the administration lets people transfer anyways. I have heard 10 days, 2 months, nothing... I personally had my H1b transfer initiated in the couple of days after my company closed. Technically, you can apply for transfer, start at your new job, and have your transfer denied (or so they say, I never actually heard about a denied transfer). fun stuff!

  5. Be careful what you wish for. by hey! · · Score: 3, Interesting

    I think bringing in foreign tech workers is fine. The problem is sending them back home.

    By the logic that says that bringing foreign tech workers into the US is bad for US tech workers, a software engineer would be better off looking for a job in Flint, Michigan than San Jose, California, because there are so many software engineers in San Jose. The problem with this reasoning is that the number of software engineers in San Jose attracts companies there, and those companies create jobs. Having other engineers around means you get a smaller proportion slice of a much, much larger pie. And the very best engineers don't just consume jobs, the create new industries.

    The real fault with the H1B program is that it is structured in a way that encourages companies to offshore jobs. You bring a cohort of junior engineers in from India, have them gain experience in your field and product, then you kick them back to Banagalore, a ready made outsourcing team. Making employers shed H1Bs will only accelerate the loss of US jobs, giving US workers a larger proportion of a much, much smaller pie.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  6. Re:...because H1Bs are forms, not people by bsane · · Score: 4, Interesting

    These H1B holders are well-educated.

    Except for the ones that lied about their education and experience: http://www.businessweek.com/print/bwdaily/dnflash/content/oct2008/db2008108_844949.htm

    When I worked for FNMA I wondered how most of my H1 coworkers had no previous knowledge of computers, and why even though they supposedly had degrees in EE they had no knowledge of any basic principles of that field. They were very popular with management because they always said yes, and were continually afraid of 'causing problems'. The ones I talked to also made 20-30% less than I did.

    Certainly not the case everywhere, but I'd say H1B1 visa holder = undereducated indentured servant in far too many places.

  7. Re:...because H1Bs are forms, not people by Eevee · · Score: 3, Interesting

    On a side note, I thought the US was build on people coming from bad situations to live the American dream, you guys sure have changed your mindset lately.

    If that was the case, there wouldn't be any complaints, because then they wouldn't be getting paid less. It's the fact that they're only temp workers that get paid up to 23 percent less than Americans in the same positions that cheeses people off. Level playing field--fine. Unfair playing field where management lies about not being able to find qualified personnel and then turns around and pays substantially lower salaries--not good.