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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."

406 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: 2, Insightful

      Yeah, I was surprised too. Mostly because, though IANAUSACitizen, I had always assumed that the party which supposedly supports less government regulation and more free markets would... You know... Think that what kind of labor a company must keep should be left to markets (who works for cheapest compared to their skills) instead of government regulation.

    2. Re:Republican? by Opportunist · · Score: 3, Insightful

      I guess every politician who one does not agree with is more likable when he's not in power...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Republican? by Anonymous Coward · · Score: 2, Insightful

      Actually, it's none of the senator's business. Gates and Ballmer should have the right to hire and fire anyone they please.

    4. Re:Republican? by Anonymous Coward · · Score: 1, Informative

      I suggest he is just grandstanding. If you look over his record and positions at http://www.ontheissues.org/Senate/Chuck_Grassley.htm your opinion might be refined. Or your hair might stand on end...

    5. Re:Republican? by calmofthestorm · · Score: 5, Insightful

      1) Everyone is more likeable when not in power.
      2) Neither party actually practices what it preaches to any reasonable degree. If you want to vote for a balanced budget, exactly who do you vote for? Tax and spend democrats or borrow and spend republicans? (feel free to translate to non-depression times to make the question fair)

      Of course that's a gross oversimplification, but balance is always in the middle, so we see parties break with their stereotypical views on issues from time to time. If anything I'd be more worried if we didn't.

      Also not every single member of a party is in complete alignment with the party. I lean left, but I'm still in favor of guns, free markets (to the degree that this is possible while keeping them competitive), and against racism by any name. I fail to see why politicians should be any different, except perhaps more tacit on their views.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    6. Re:Republican? by DiegoBravo · · Score: 1

      If there were some suspicion or prove that this is the case, you would have a point. But even in that case it is not work for a senator. Otherwise, yes, they can fire anybody.

      What would happened if they actually fired exclusively H-1B holders?

    7. Re:Republican? by I_Voter · · Score: 1

      DoofusOfDeath wrote:
      These guys are more likable when not in power, I guess.
      -----
      Competition is great! Now if we only had a multi-party system, think how many more likable politicians we could have. When U.S. voters purchase their political power, they have limited product availability and that of a very low quality indeed!

      I_Voter

      My New Web Site:(Under Construction)
      Political Power in the U.S.
      http://tinyurl.com/2sdtvk

    8. Re:Republican? by Z00L00K · · Score: 1

      The senator will of course avoid layoffs of citizens, but the companies will on their hand want to keep the people best suited to have an upper edge in the competition.

      So there will be a conflict of interest here. The end result may be that if the Senator gets his will then there will be more offshore activities instead.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    9. Re:Republican? by hpavc · · Score: 1

      Your dead wrong, I bet they will have more visa apps filled after this after a compromise is sought in which jobs will be phased out over a longer period of time (into companies that will be axed entirely).

      --
      members are seeing something, your seeing an ad
    10. Re:Republican? by Curien · · Score: 4, Insightful

      Many Republicans and other economic conservatives profess to believe in free markets and deregulation. Hypocritically, they staunchly support (and often demand) labor market regulation.

      --
      It's always a long day... 86400 doesn't fit into a short.
    11. Re:Republican? by Cheeze · · Score: 4, Insightful

      Wasn't it Microsoft that went before a senate committee asking for more H-1B visas because they could not find enough qualified workers?

      At that instant, Microsoft's H-1B visa workers became an issue with the senate.

      --
      Why read the article when I can just make up a snap judgement?
    12. Re:Republican? by ssintercept · · Score: 1, Troll

      how surprised? a republican doesnt like foreigners. sounds normal to me. i think you are reading way too much into it.

      --
      "You can kill the revolutionary, but you can't kill the revolution."-- Fred Hampton
    13. Re:Republican? by WindowlessView · · Score: 3, Insightful

      a republican doesnt like foreigners. sounds normal to me.

      Or more surprisingly, a Republican who likes American workers? Wall Street must really be broke if they are slumming like this.

      --
      Leave the gun, take the cannolis.
    14. Re:Republican? by commodore64_love · · Score: 5, Insightful

      >>>Think that what kind of labor a company must keep should be left to markets (who works for cheapest) compared to their skills) instead of government regulation.

      That's true, but since it was the *government* who brought the foreign workers to the U.S., it's no longer a free market. It's entirely reasonable to say to Microsoft, "If you layoff American workers, we the government will take a hands-off policy and no longer help you with your future labor shortages. Figure it out on your own." The Republican policy can best be described as non-interference (sounds like Star Trek).

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    15. 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.

    16. 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
    17. Re:Republican? by DiegoBravo · · Score: 1

      >> At that instant, Microsoft's H-1B visa workers became an issue with the senate.

      In base of what law are you saying that? or it is just an ethical "I-hate-M$" typical /. argument?

      When MS or any other company lobbies, the resulting changes apply to everybody (you know, MS asked in order to favor their entire sector, bla bla bla) I know that it is popular here to rant against M$ (you'll get a high mod, I'm sure) but as TFA indicates, this is an issue for most IT related companies.

      Now, why a non-american should be preferentially fired? that people indeed did a big inversion in order to work in(for) USA (getting the H-1B is not an easy task for most people despite appearances), starting for the sacrifice of a familiar separation; they came also because (despite opinions) the american government found a necessity to fulfill.

    18. Re:Republican? by timeOday · · Score: 2, Insightful

      But even xenophobia has its price. That's why they border is still open; the left wants to be nice to everybody and the right is addicted to cheap labor.

    19. Re:Republican? by OldGeek61 · · Score: 5, Informative

      Are you really that brain dead??? Since the late '90s H-1B visa holders have taken over American jobs at half or less what an American was making!! And don't try to tell me different, I'M ONE OF THEM!!! I WAS REPLACED BY AN H-1Ber that's making half of what I was, and then they called me to fix the problems he didn't know how to for "Old Times Sake". You need to go from a 50k a year job to 20k a year, then you'll know!!!! Oh and getting an H-1B is not that hard when you have a major corporation helping you!!

    20. Re:Republican? by ClosedSource · · Score: 1

      "... the companies will on their hand want to keep the people best suited to have an upper edge in the competition"

      i.e. cheaper.

    21. Re:Republican? by DiegoBravo · · Score: 3, Insightful

      Having friends (and relatives) in both sides of the issue, I really sympathize with you and by no way deny this is actually happening. This H-1B fever never should be started at all, and actually damaged a lot of american works (blame the government of course.) My point is that now you/companies can't treat non-americans like disposable resources as a lot of people is advocating here... you know, that kind of treatment is what originally started this whole issue against locals.

    22. Re:Republican? by htnmmo · · Score: 4, Insightful

      The free market doesn't work without consumers.

      The reason it's profitable to use cheaper labor is because you're selling to higher earners. If you make sneakers at $1 a pair, you make a profit by selling them for $60.

      If you outsource a large number of your workforce and don't have other jobs they can do at the same pay, they won't be buying lots of $60 sneakers.

    23. Re:Republican? by SwedishPenguin · · Score: 4, Insightful

      If you want to vote for a balanced budget, exactly who do you vote for? Tax and spend democrats or borrow and spend republicans?

      Obviously, if you want a balanced budget, you have to vote for those willing to raise taxes along with increased spending. Though as an outsider looking in, it appears to me that both parties wants to borrow and spend, neither party really seems willing to raise taxes to pay for increased spending, or for existing spending for that matter.

    24. Re:Republican? by jo42 · · Score: 3, Insightful

      Congress: "Too bad. We won't help you import non-americans; find a different solution to your labor shortage."

      Bill: Moves all of Microsoft to India.

    25. Re:Republican? by Alinabi · · Score: 1, Troll

      The government did not bring anybody to the US. The companies did. So, yes, it is a free market.

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    26. Re:Republican? by mr_death · · Score: 2, 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?" Even if it is an empty threat (despite the silliness in MS processes, there is a lot of tribal knowledge in Redmond that can't be easily duplicated), the congresscritters will stand up and take notice.

      --
      It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
    27. Re:Republican? by Anonymous Coward · · Score: 1, Insightful

      Grassley actually has pretty good track record for the whole 'responsible government' thing. He's a lot closer to the traditional ideals of the Republicans than those that were visible over the last 8 years.

    28. 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?
    29. Re:Republican? by Beyond_GoodandEvil · · Score: 2, 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?"
      Govt.reply OK, to compensate for the loss of taxes, we the govt. will stop lobbying the rest of the world to enforce software patents etc. Enjoy your Lindows, Winduls, and whatever verbatim copies with a slight name change the world will use.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    30. Re:Republican? by giorgiofr · · Score: 1

      Yah right, a market where you have to beg the gov't to please, please, let you hire someone is very free.

      --
      Global warming is a cube.
    31. Re:Republican? by JAlexoi · · Score: 1

      Response from MS: "Ok. We will buy a couple of other countries and see who gets the best of it."
      PS: FYI. Software patents in a L-O-O-O-T of places are still not legal. And MS does not seem to have any real issues over it.

    32. Re:Republican? by westlake · · Score: 1
      "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."

      Microsoft is building a $300 million dollar research campus in Beijing, with employment for 5,000.

      The multinational always has the option of simply pulling up stakes and relocating everything abroad.

    33. 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.

    34. Re:Republican? by corbettw · · Score: 1

      Do you honestly think that the organization that tried to eradicate Native Americans, locked up its own citizens during WWII because of who their parents were, and has managed to bankrupt the strongest economy in world history would really bat an eye at a threat like that? Trust me, you do not want the Federal government angry, you wouldn't like it when it's angry.

      --
      God invented whiskey so the Irish would not rule the world.
    35. Re:Republican? by corbettw · · Score: 2, Insightful

      You're talking about a United States Senator getting Microsoft to do something. Like or not, if he doesn't put US citizens first, he won't remain a Senator past the next election cycle.

      Not to mention, if someone has to lose their jobs, which one is better for the country as a whole? The one making $100k a year (and being taxed at that level, plus spending at that level) who when he loses his job will collect unemployment here and possibly have his home foreclosed here, or the guy making $50k a year, who when he loses his job goes back to his own country and takes his economic loses with him? If someone has to lose a job, then the US as a whole is better off if the second guy is the one to go.

      --
      God invented whiskey so the Irish would not rule the world.
    36. Re:Republican? by Blakey+Rat · · Score: 3, Informative

      Microsoft H1B visa employees are on the same payscale and benefits program as US employees. Just keep in mind when you're arguing about/against/for H1B visas, that Microsoft is one of the (seemingly few) companies that does not abuse the privilege-- they genuinely need qualified people from overseas.

    37. Re:Republican? by FredMenace · · Score: 1

      While I agree with your point in general, you used a really bad example, which illustrate the slanderous tactics of Republicans in arbitrarily applying negative-sounding terminology to their opponents without any basis in fact, rather than saying anything truthful about Democrats:

      "Tax and spend democrats"? The last democratic president BALANCED THE BUDGET.

    38. Re:Republican? by GBuddha · · Score: 1

      Yes. But that was before the financial meltdown. If they go to the Senate this year and ask for an increase in H-1B visas, your point would be valid. Context is important.

      Also, why do you assume that the 5000 workers that Microsoft is going to layoff are all tech workers with homogeneous skills?

    39. Re:Republican? by DiegoBravo · · Score: 1

      For the Microsoft case we are discussing, I think you're right, at least in the near term.

      But for most companies with real economic problems (ex. SUN) it would be a lot better to fire the $100k-guy (specially overpaid management.) Otherwise the company as a whole *may* be going to chap-11, and I'm pretty sure this will not be good for the country at all.

      Remember that for a lot of US companies already disappeared because of lower-cost foreign competence, and those lost workplaces were of course taken by foreign workers at those foreign companies or foreign subsidiaries. It's the same, just less outrageous because there are no government issued visas.

    40. Re:Republican? by commodore64_love · · Score: 3, Insightful

      >>>The government did not bring anybody to the US. The companies did.

      Only because the government ALLOWED it to happen, therefore it is NOT a free market. It is a briber's market, where Microsoft paps politicians' pockets so they can get approval to bring-in foreigners.

      In a truly free market, government and Microsoft would not talk to each other at all. Microsoft would have to deal with its labor shortages in a different manner (perhaps hire some U.S. engineers w/o jobs, instead of willfully ignoring them).

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    41. Re:Republican? by commodore64_love · · Score: 2, Insightful

      I fail to see the drawback.

      Maybe that would give the U.S. just the excuze it needs to revoke all MSFT agreements in schools, governments, et cetera, and switch to open-source, or Apple Macintosh. Or not. I don;t really give a damn where Microspank keeps its offices, anymore than I care my car came from Japan.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    42. Re:Republican? by commodore64_love · · Score: 1

      >>>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?"

      Congress: "Good luck with that. You can move to the EU for all we care. Don't let the door hit you on the ass, and oh yeah, thanks for giving us the excuse we need to switch to Mac OS, or Linux OS. From this day forward, Microsoft OS is unwelcome."

      Besides 20,000 is a very small number compared to 200,000,000 employed workers. We won't notice Microsoft's disappearance, anymore than we noticed when the Colts left Baltimore.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    43. 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
    44. 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.
    45. Re:Republican? by Curien · · Score: 1

      As much as I disagree with Republicans on this issue, they're position is based in populism, not plutocracy.

      --
      It's always a long day... 86400 doesn't fit into a short.
    46. Re:Republican? by 0123456 · · Score: 1, Interesting

      "The last democratic president BALANCED THE BUDGET."

      The President doesn't set the budget, Congress does; and Congress at the time was controlled by... uh... Republicans. I believe most of the record deficits under Bush came from a Democrat-controlled Congress.

      And, in any case, the idea that 'Clinton BALANCED THE BUDGET' is nonsense; the US national debt increased every single year that Clinton was in the White House. The Republicans didn't want to point that out because they wanted to take the credit too.

    47. Re:Republican? by DinDaddy · · Score: 1

      Hmm. Would the government be more green when it is angry? Could be a desirable side effect.

    48. Re:Republican? by Not+The+Real+Me · · Score: 1

      "Microsoft is building a $300 million dollar research campus in Beijing, with employment for 5,000."

      LOL! Just think of all the trojans and backdoors that will be hidden in M$ software then. I recently read that members of the U.S. gov't are theorizing that the Chinese are putting backdoors and trojans in hardware being sold to the U.S.

    49. Re:Republican? by GileadGreene · · Score: 2, Insightful

      In a truly free market, government and Microsoft would not talk to each other at all. Microsoft would have to deal with its labor shortages in a different manner (perhaps hire some U.S. engineers w/o jobs, instead of willfully ignoring them).

      In a truly free market, the government wouldn't apply any restrictions to the flow of goods or workers into and out of the country. There'd be no need for MS to beg for H1Bs because the government wouldn't be preventing workers from other countries entering the US in the first place. What you're describing as "truly free" is simply a different set of restrictions than the current ones.

    50. Re:Republican? by Maxo-Texas · · Score: 2, Interesting

      If Microsoft wants to move to india (or better! China) and live with their business laws then I applaud them.

      However, if they wish to live in nice safe houses in seattle, then I think the voters in america have a say in how they do business.

      Executives in india and china do not make as much as executives in the united states and they are not sentenced to death for selling tainted products.

      You take the good with the bad.

      Of course, another solution would be to allow them to use foreign labor and set a 90% tax on their profits and use it to provide free services to american citizens.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    51. Re:Republican? by The+Great+Pretender · · Score: 1

      That's because they're trying to get back into power...

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    52. Re:Republican? by mochan_s · · Score: 1

      That's true, but since it was the *government* who brought the foreign workers to the U.S., it's no longer a free market.

      H1B specifically says that the company cannot find a local person who can do the same job. H1B specifically says it is not to compete against American workers.

      "If you layoff American workers, we the government will take a hands-off policy and no longer help you with your future labor shortages. Figure it out on your own." The Republican policy can best be described as non-interference (sounds like Star Trek).

      That's a great idea. Then, Microsoft since cannot get the talent in the US will just build an HQ in India.

    53. Re:Republican? by Fourpole · · Score: 1

      You are incorrect. The President and his staff write the budget and then submit it to The Congress. The Congress then writes and passes appropriations bills to fund the programs outlined in the budget. These approprations bills are sent to the President where he may veto them or sign them just like any other bill.

      So Congress does have some control over the budget, and the President doesn't always get what he wants, but the President has enormous influence over the federal spending through his veto powers and the bully pulpit. I think giving Clinton credit, or at least 95% of it, for the balanced budget during his tenure is entirely appropriate.

    54. Re:Republican? by Duhavid · · Score: 1

      "can't treat non-americans like disposable resources as a lot of people is advocating here"

      Great, but in making sure we don't treat Americans like disposable resources in order to avoid so treating non-Americans.

      Policy wise, for the US, having more Americans employed is probably better than having H1B's.

      --
      emt 377 emt 4
    55. Re:Republican? by LiquidGroove_09 · · Score: 1

      Its amazing how the word "H1-B" almost always triggers off a passionate debate in any setting. My position on immigrant workers is that the US should clearly favor its own citizens compared to these workers. However it seems like people have their facts grossly wrong when it comes to things like wages and H1-B. If you've carefully followed layoff news recently, you'll observe that most of the layoffs are in finance, sales, marketing,etc. Americans usually fill these positions, because they are way better at this that most others. Immigrants have statistically been known to end up in engineering positions(cubicle prisoners :)). I don't understand why there is so much animosity towards the H1-B workers (most of whom are in engineering) when most of the layoffs are not in engineering. Secondly, H1-B workers don't lower wages. There is a law in place to prevent exploitation and to prevent companies from low balling salaries to migrant workers. For a given level of education, there is a hard number in place which is the minimum he/she should get paid for that position (ref wikipedia). Thirdly, life for a migrant worker isnt fun. They are constantly worried about making their life's biggest investments in things like housing, children's education,etc especially when there is constant uncertainty surrounding their ability to stay in the US. I can completely appreciate the fact that US citizens deserve priority in being hired, but lets face it, there just arent enough american engineers to fill these positions.(I'm sorry to repeat the most hackneyed/poster-child argument made by silicon valley, but its true.) You are dealing with human beings here, not inanimate objects that serve their usefulness at a time and can be thrown in the trash later. H1-B workers come to the US,pay a third of their earnings in rent (which is good for american house owners), 40% in tax(a lot of them are in silicon valley/califonia) and end up saving about a third. They pay social security and medicare and yet are not eligible to benefit from it when they need it (unless they become citizens eventually. This process takes almost 10 years). I dont want to pepper the message board with just rhetoric (since most people seem to have an opinion on everything but no one "knows" anything) and hence will try to offer some constructive solutions. You can start with making govt subsidy available to companies making a serious attempt at reducing outsouring and creating (possibly lower wage) american jobs (heck its better than leaving 7% of the US unemployed as is the case right now). When it comes to H1-B, make a marked shift in quotas to favor people with american education (since they bring dollars into the education system). A US bachelors or masters receives priority over anything else. What they are doing right now is completely disregarding merit which, I think, is a huge huge mistake. The H1-B system is placing on par, people from very modest academic backgrounds on the same plane with foreign students who graduate from Americas top schools like MIT, Caltech, Stanford,etc. It is delusional to turn a blind eye to merit. That way when you funnel the access to H1-B, you'll get much better quality for the jobs you seek to fill and provide americans with an opportunity to apply to every job there is. Lastly, Computerworld had an article on Oct 9th 2008 about fraudulent application, forged degrees, etc. Given how important this is, isnt it the govt's responsibility to set up a really serious scrutiny of applications rather than just running a lottery as it has been for the 2 years? Indian services companies like infosys eat up huge chunks of the H1-B quota. Think about this. If you were an immigrant student who went to MIT and just graduated with a bachelors in computer science, say you landed a job in lincoln labs or NASA's JPL, your odds of getting a H1-B in the lottery are the same as those for someone with a degree in civil engineering from a low ranked school in india who decided to join infosys as a software developer (see the irony right there). As americans would you rather have the kid from MIT work here or the other person? I dont want to take a position, but answer this to yourselves. Peace, Love, Empathy.

    56. Re:Republican? by Duhavid · · Score: 1

      "Cheap labor is good...."

      Except that now that "other guy" only has 20k to spend on things, making it so that the companies trying to sell things have to lower their prices to match, or forgo an additional "sliver" of demographic they can sell to. Either leads to a lose of revenue.

      --
      emt 377 emt 4
    57. Re:Republican? by ScrewMaster · · Score: 1

      The program was meant to (and specifically states in the law) that you can only hire an H-1B person if you were unable to find a qualified individual domestically.

      Right. So you do a crappy job finding someone domestically, claim that "you can't find anyone domestically" and hire the H-1B anyway. That, my friend, is how it works. The law be damned.

      --
      The higher the technology, the sharper that two-edged sword.
    58. Re:Republican? by that+this+is+not+und · · Score: 1

      You're all throwing around a lot of words like 'true' and 'free' here. Which is fun, don't get me wrong. But they're big words. I don't think you're handling the load very well.

    59. Re:Republican? by that+this+is+not+und · · Score: 1

      Software patents in a L-O-O-O-T of places are still not legal. And MS does not seem to have any real issues over it.

      Believe me when I tell you that they would if every US-based customer of theirs no longer had to pay them a cent for their software.

      That won't happen, of course, but if Microsoft could just airlift the whole operation to India, they would have already.

    60. Re:Republican? by tyrione · · Score: 1

      Publicly traded corporations makes it the federal government's business when it's in the best interest of their constituents and thus the US Economy. You forget, the Federal Government, under the auspices of the US Constitution, gives Microsoft the legal right to exist in the US and be a US Company.

      It's a partnership.

    61. Re:Republican? by E++99 · · Score: 3, Insightful

      How is barring foreigners from working in the US assuming a role of non-interference? Non-interference would mean that anyone could come work here, and wouldn't need a visa in the first place.

    62. Re:Republican? by rachit · · Score: 2, Interesting

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

      You aren't making any sense. Why would anyone "falsify" a shortage of qualified workers if not to get cheaper labor?

      (FYI, I do believe that there was a shortage of quality IT workers, its just that if you believe there was a shortage, your statement makes no sense).

    63. Re:Republican? by MadMidnightBomber · · Score: 1

      "I agree. Therefore the government should immediately revoke all foreign VISAs,"

      What about Mastercard?

      --
      "It doesn't cost enough, and it makes too much sense."
    64. Re:Republican? by Malc · · Score: 1

      Or more likely, hire more non-U.S. engineers off-shore.

    65. Re:Republican? by someone1234 · · Score: 1

      >Of course, another solution would be to allow them to use foreign labor and set a 90% tax on their profits and use it to provide free services to american citizens.

      Yeah, slavery again. Wasn't this tried once?

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    66. Re:Republican? by commodore64_love · · Score: 1

      >>>In a truly free market, the government wouldn't apply any restrictions to the flow of goods or workers into and out of the country.

      Free trade of goods? Fine with me. But people? Sorry no, because just as you have a right to control who enters your house, the People have a right to control who enters their country. If the People want to adopt a "hire americans not foreigners" policy, that is their right as the ultimate holders of power.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    67. Re:Republican? by commodore64_love · · Score: 1

      >>>They are always "accepting applications" but rarely are they hiring anyone

      That excuse don't fly because at the time I was unemployed and applying to Microsoft, they were standing before Congress and begging for permission to import foreign workers. If they were that desperate, they could have just hired me and other unemployed americans.

      This all goes back to the Accountants - By importing more workers, they dilute the labor pool and drives down wages. It's a way for the accountants to alter the free market & give themselves a reduced pricetag.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    68. Re:Republican? by MrZaius · · Score: 1

      You forget that neither of our parties tows a truly conservative party line anymore, and that the newly nationalistic neo-conservative Republican party recently adopted an anti-immigration theme as one of its core messages. We wouldn't be having this conversation if the H-1B employees had just been employed overseas.

    69. Re:Republican? by p0tat03 · · Score: 1

      The irony is that MS is one of the few companies that *doesn't* use H-1Bs to get cheap labor. Look at the list of top H-1B recipient companies, and you will find that the top two are Indian outsourcing consultant firms, whose sole job is to bring in cheap contract work.

      And then compare with the "reputable" ones lower down the list (including MS), who from personal experience actually pay their foreign imports at the same salary as their similarly experienced American peers.

      Punishing MS for this while giving the "consultancies" a free pass is not only hypocritical, but also downright dangerous. Here you are screaming for justice when the target of your anger is really one of the few players who has (on average) done nothing wrong.

      I would like to make a point that will be unpopular:

      - The H-1B visa has outgrown its original stated intent. In an era where Russia is quickly recovering from the collapse of the USSR, and China threatens to economically eclipse the US, it is more important than ever for the US to "steal" the world's talent by offering the one big thing that nobody else has: safety and quality of life. By bringing in real talent (as opposed to cheap labor) and keeping them out of the hands of less-friendly foreign powers the US can actually hope to secure their lead on the rest of the world. It is also for this reason that the US should stop relying on the false crutch of the H-1B and establish a skilled immigration program (i.e. immigration-based, not job-based)... like the rest of the industrialized world.

      Oh, and the shortage is far from false. No offense to present company, but I've been in and out of the recruiting system for a number of major American companies, and never once have I seen a bias against local American labor (hell, they cost less, visas cost a lot)... and the most vocal people against the shortage tend to be those who got snubbed and never could've made the cut to begin with.

    70. Re:Republican? by PeeAitchPee · · Score: 1

      Obviously, if you want a balanced budget, you have to vote for those willing to raise taxes along with increased spending

      Why not vote for a those willing to cut both taxes and spending (e.g., Libertarians)?

    71. Re:Republican? by ultranova · · Score: 2, Insightful

      Why not vote for a those willing to cut both taxes and spending (e.g., Libertarians)?

      Because cutting taxes and spending will benefit the rich and harm everyone else, and most people are not rich.

      Furthermore, all those "the poor should beg for charity in the streets" and "why should I pay for anyone's hospital bills ?" comments associated with libertarians make it very clear what life would be like for most people in a libertarian world: short and nasty. That's why libertarians will never hold a significant amount of power: their position is against the best interests of most people.

      Finally, there's nothing like recession to drive home the need for social security.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    72. Re:Republican? by PeeAitchPee · · Score: 1

      That's certainly one tremendously biased way to look at it. Another way, of course, is that all people, not just the rich, would have more money in their pockets with less government, and the freedom to choose the health care and retirement plans that are most appropriate for their individual situations. The current assumption is that people don't have the discipline or intelligence to save for themselves, so the government should do it for them. That's a gross impingement on personal and financial freedom, bordering on the unconstitutional.

      The Libertarians will never hold a significant amount of power because most of the public rejects their pro-drug legalization plank, as current generations have been conditioned that drugs == bad. I suspect that may be changing, however, as most of the public also disagrees with the vast corporate welfare being undertaken by the last and current administrations.

    73. Re:Republican? by mattwarden · · Score: 1

      What is likable about this?

    74. Re:Republican? by Maxo-Texas · · Score: 1

      Not at all. America had a 90% tax on the wealthy for a couple decades at least last century and they didn't consider it slavery one bit.

      Once we are paying taxes, the rate is really a negotiation about what's fair.

      Now is it fair to let you live on the best land in the area, provide you with roads, police protection, military protection, and let you give all the jobs to people who are not citizens of the area? The citizens will probably vote to impair your ability to do that since they don't like starving and the really don't starving while you become a billionaire.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    75. Re:Republican? by pyrbrand · · Score: 1

      That's just moronic. In a free market there would be no restriction on the flow of goods or labor. Microsoft would hire whoever the heck it wanted from whatever country they wanted instead of having to pay much more to hire immigration lawyers and sponsor visas and get a limited stream as they do now.

      Besides which, as someone who works at Microsoft, I can also say my coworkers from other countries are, if anything, generally better quality than locals because it's such a pain in the ass to deal with visa issues that you better make sure they're worth it when you hire them. As far as pay goes, the pay scale is exactly the same and having spoken to my coworkers at the same level of seniority and performance, as myself, they get paid pretty much the same as me. This whole xenophobia thing is unbecoming.

    76. Re:Republican? by ultranova · · Score: 1

      Another way, of course, is that all people, not just the rich, would have more money in their pockets with less government, and the freedom to choose the health care and retirement plans that are most appropriate for their individual situations.

      Having a few pennies more in no way compensates for ending the social programs, from free elementary education to emergency rooms and public libraries. The freedom you are talking about is the freedom to serve the rich as an indentured servant and then die in the streets when you're no longer useful.

      The current assumption is that people don't have the discipline or intelligence to save for themselves, so the government should do it for them.

      No, the current assumption is that our economic system concentrates money and power into the hands of the few, and that these few are unrepentant psychopathic assholes who will happily watch the rest starve to death unless they are forced to do something about it.

      That's a gross impingement on personal and financial freedom, bordering on the unconstitutional.

      It is necessary, thought - the alternative is a nasty and short life for almost everyone.

      The Libertarians will never hold a significant amount of power because most of the public rejects their pro-drug legalization plank, as current generations have been conditioned that drugs == bad.

      Well, I for one reject their whole platform. I suspect the public do too, and would even without any "conditioning". But of course that might indicate that there's a flaw in said platform, and who would want to believe that about their ideology ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    77. Re:Republican? by GileadGreene · · Score: 1

      Sure, I suppose "the People" have the right to control who enters "their" country. But if they exercise that right, they are imposing artificial constraints on the labor market, making the overall economic system something other than "free".

    78. Re:Republican? by kitgerrits · · Score: 1

      Please mod parent up.

      --
      "I was in love with a beautiful blonde once, dear. She drove me to drink. It's the one thing I am indebted to her for."
    79. Re:Republican? by Sloppy · · Score: 1

      since it was the *government* who brought the foreign workers to the U.S., it's no longer a free market.

      A Visa isn't the government doing something nice; it's the government abstaining from doing something harmful.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    80. Re:Republican? by MalamuteSTL · · Score: 1

      Interesting, isn't it. Every poll suggest that an overwhelming percentage of US Citizens EXPECT their elected officials to enforce immigration laws and "protect" our borders. I guess the electorate believe that we need to enforce and manipulate only those with an education? It would appear that both democrat and republican are willing to turn a blind eye to those who "do the jobs that Americans are not longer willing to do", but enforce others? Their consistent excuse is that convenience outweighs principle (hmmmm.. Abortionists use the same argument, don't they?). IMHO, the problem is that most federal representatives lack principles. But then again, I also believe that they reflect the attitudes of my beloved country and those that they represent in this new millennium. Perhaps if we begin to stick to our convictions instead of caving to fashion and opportunity, and have an attention span longer than (apparently) CNN and MSNBC believe we have; we might just be able to resolve these (and many other) issues.

    81. Re:Republican? by philcms1 · · Score: 1

      Every time I read an article on H1B, I get upset about all the crap I read. So here goes my first post on Slashdot. I am an H1B (French citizen, Canadian permanent resident). I got a job for a company in Salt Lake as a Senior Software Engineer. I am paid the same than everyone else, and am treated the same. Now with my wife and 3 kids, we: rent a house ($1600/month), bought furniture (over $5000 cash), bought a Ford Expedition to start our credit in December ($12000 financing, $6500 down), and already have a Ford Fusion. We buy food, clothes, toys, books, etc... My wife just made a trip to Canada to visit her family: roughly $4500 in gas (8 days to drive to Nova Scotia and back), hotel, food, presents for the family, etc.. How is my situation making it unfair to other US citizens? I participate in the economy, I have a good job, and I got it because they had the ad up for months without luck. Maybe in some situations H1B visas are abused, but in my case I believe America got a good deal.

    82. Re:Republican? by NickGnome · · Score: 1
      "Think that what kind of labor a company must keep should be left to markets (who works for cheapest compared to their skills) instead of government regulation."

      That would work, if there were markets that the top executives also had to face. As it is, the good ole boy network can rake off assets into their pockets even when their decisions have caused decreased quality of products, lower sales, etc.

      Of course, the theory is that stock-owners would be able to oversee the executives... well, at least the stock-owners who are not executives, themselves. Only the executives have rigged the voting processes to prevent that. There are good and bad reasons for that, historically. I mean, if you come up with some great invention (as opposed to the piece of garbage Gates & company came up with and keep turning better software products into) and founded the company based on it, there's some reasonable expectation that you should receive greater rewards than the janitor who invested little.

      OTOH, of you're a B-school bozo who doesn't really have a clue about the firms' bread and butter, it's core competencies, and you move in and get pushed to the top for your appearance and palaver after the retirement or death of the engineer/founder who is shy about management, then you don't deserve to be handed thousands or millions of shares of stock, gratis, nor to have locked in control of who is on the board and who else is in the executive ranks. But that's the way it seems to happen in far too many cases.

      So, the back-slappers are able to shift funds into their own circle's pockets, and out of the pockets of employees, with little regard to market discipline, productivity, quality, etc.

      Now, as to government regulation, there's too much and too little. There's too much mal-regulation, and too little defense against initiation of force and fraud. It's more a matter of needing just enough of the right kind of regulation.

      OTOH, if there were markets all around, with supply, demand and prices balancing in an environment relatively free from force and fraud, the compensation of executives and janitors and production workers would all balance out with each individual's productivity.

      So, the question becomes, how do we get there from here. The current non-market arrangement is dysfunctional. A fully regulated arrangement would be dysfunctional. Cutting the regulatory bonds on some but not all would be dysfunctional because it gives some an artificial advantage. Meanwhile, those who benefit from the fruit of force and fraud are using some of it for putting the politicians they want into office, to increase their artificial advantages, and the politicians are grateful, paying them back by enacting/imposing those additional advantages in the form of legislation and regulations.

    83. Re:Republican? by Dr.+Hellno · · Score: 1

      Non-interference would have been to say nothing at all.

    84. Re:Republican? by Dr.+Hellno · · Score: 1

      maybe you were making too much? I know you probably won't take that well (downward price rigidity is basic economics) but your wild-eyed, frothing madness does nothing to bring about a compromise amenable to all parties.

    85. Re:Republican? by Hordeking · · Score: 1

      Finally, there's nothing like recession to drive home the need for social security.

      Who's going to pay for it? You?

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    86. Re:Republican? by Hordeking · · Score: 1

      "Tax and spend democrats"? The last democratic president BALANCED THE BUDGET.

      No, he didn't.

      There was a big fight, resulting in several weeks of a lot of federal employees being put on furlough because Clinton wouldn't agree to a lot of budget cuts. Newt Gingrich and his cronies, the Republicans who had just won a majority in both houses and were attempting to make good on their platform promises to balance the budget. This was before they became slovenly, liberal, and without direction.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    87. Re:Republican? by Hordeking · · Score: 1

      Executives in india and china do not make as much as executives in the united states, and in China, they are sentenced to death for selling tainted products.

      Fixed that for you. If Bill Gates were Chinese, he would've been dead long before that huge BSOD during the olympics.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    88. Re:Republican? by Hordeking · · Score: 1

      That's true, but since it was the *government* who brought the foreign workers to the U.S., it's no longer a free market.

      H1B specifically says that the company cannot find a local person who can do the same job. H1B specifically says it is not to compete against American workers.

      "If you layoff American workers, we the government will take a hands-off policy and no longer help you with your future labor shortages. Figure it out on your own." The Republican policy can best be described as non-interference (sounds like Star Trek).

      That's a great idea. Then, Microsoft since cannot get the talent in the US will just build an HQ in India.

      I don't think they're looking hard enough. Especially if they're laying off local guys and building data centers in Ireland and India.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    89. Re:Republican? by Hordeking · · Score: 1

      The free market doesn't work without consumers.

      The reason it's profitable to use cheaper labor is because you're selling to higher earners. If you make sneakers at $1 a pair, you make a profit by selling them for $60.

      Of course, if the consumer knows about this differential, he kind of feels ripped off that the cost savings for $1 sneakers isn't being passed along. The extra $50 of profit (assuming other expenses are $9) seems rather obscene when the consumer knows about this.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    90. Re:Republican? by DarkVader · · Score: 1

      OK, so I am totally 100% opposed to H1B visas.

      But, what I would suggest instead is that if American companies really need workers who aren't available here, the alternative is a visa that is a fast track to citizenship instead of a temporary work visa.

      That way the talent isn't being exploited temporarily, it's people who have a genuine interest in seeing the US succeed as they're people who are planning on living here permanantly.

      BTW, why here and not France? I've been there, it's a beautiful country.

    91. Re:Republican? by alexo · · Score: 1

      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.

      Given that several posters who admitted being MS employees stated that the foreign workers receive the same level of compensation and benefits as the domestic ones, I would argue that the less competent should be let go.

    92. Re:Republican? by sweetooth · · Score: 1

      In general I would agree with you that the less competent should go, but that's not what the H1-B program is about. The H1-B program was designed to bring in foreign workers to fill openings where there were shortages of native workers with the appropriate skills. This is the argument used by companies like Microsoft and Intel to get the caps increased. They simply couldn't find people to fill these slots.

      Keep in mind we are talking about the situation where a company is down sizing. Not dealing with promotions, firings, etc. If you have two employees that are up for a promotion and there's only one slot then absolutely performance is the only thing that matters. If you are being evaluated for competence or performance and need to be let go due to incompetence, again that's the only thing that matters. However, when the company is downsizing there is no valid argument that they can't find the skilled workers. There are more skilled workers than can be employed at that point, and the justification for the H1-B is now gone.

  2. Hey! by Anonymous Coward · · Score: 5, Funny

    Dey tuk our jerbs!

    1. Re:Hey! by aliquis · · Score: 5, Insightful

      Yeah if they accept giving them the right to work in the country then why shouldn't they work at the same merits as everyone else? I'd assume Microsoft knows better which people they need and want and which they can get rid of than this guy..

    2. Re:Hey! by evilphish_mi · · Score: 5, Insightful

      no they shouldn't they should be allowed to hire the best workers for the job.

    3. Re:Hey! by denzacar · · Score: 1

      So they should hire 5000 workers for their cafeteria or 5000 broom-jockeys so they could get 1 or more German, French, Italian, Indian, Chinese, Hungarian, Japanese... Martian IT specialist?

      Or should they just ignore what you said and hire people according to their abilities?
      You know... like a business would do.
      Not like... say... nationalized company in a communist country somewhere.

      Cause aside from despotic tyranny - that is about the only system where a government official can order around a business he/she does not own.
      You know... without all that proposing of laws and voting on them and all that other democratic bullshit.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
    4. Re:Hey! by cyber-vandal · · Score: 1

      Yeh like that limited liability bullshit - get rid of that unwarranted interference in the rights of corporate officers to fail along with their businesses.

    5. Re:Hey! by SerpentMage · · Score: 1

      Here is the deal. Microsoft is an exporter. This means for them to make money they need to have clients outside of the US.

      Ideally they would like to stick to HQ in Redmond. But if immigration gets too nuts they will simply go elsewhere.

      And what you forget, and this is the problem of America's immigration system, today's immigrant is tomorrow's citizen. I say America has an immigration problem because it gives no priority to skilled immigrants. Skilled immigrants can be in the US for a while, but no longer. That is wrong.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    6. Re:Hey! by Anonymous Coward · · Score: 3, Insightful

      Exactly how do you enforce that? The best person for the job might be the guy that makes 20K less for that reason alone. I am not gonna single out MS because many companies make hiring decisions this way and it is not good for America or Americans.

    7. Re:Hey! by Curien · · Score: 2, Insightful

      Cause aside from despotic tyranny - that is about the only system where a government official can order around a business he/she does not own.

      People should be free, not inanimate entities.

      But I'll compromise. If they give up their special favors from the government, I'll support the government removing extra responsibilities:

      Two out of every three United States corporations paid no federal income taxes from 1998 through 2005, according to a report released Tuesday by the Government Accountability Office, the investigative arm of Congress.

      --
      It's always a long day... 86400 doesn't fit into a short.
    8. Re:Hey! by aliquis · · Score: 1

      I don't know how the economics works but in any case I can't understand how this one guy would be able to dictate what Microsoft should do or not.

      But I'd assume the people working in USA pay taxes to USA? So they contribute atleast as much as everyone else while they work (since they atleast are there to WORK vs not working.)
      Also I'd assume Microsofts taxes and progress/wealth/development/whatever contributes a lot to the economy of USA so what's good for Microsoft is probably good for your country.

      Finally if they lose their job I guess it's easier to put them of saying it's some other countries problem, I have no idea if the visas stop working if one lose ones job and if one have to leave and become the responsibility of the country you came from? But I'd assume? Or is this just because they rather want americans to work? In any case, sure they may become a burden, but they have also contributed earlier, it's not exactly their fault the economy fails atm. And they could become rehired and start contributing again.

      I doubt the actual contributions or burden care about nationality at all.

    9. Re:Hey! by ericartman · · Score: 3, Insightful

      No. it is time companies look at what is best for society not just their bottom line. You and I are not allowed to do just what is best for ourselves, we cannot steal even when needed, we cannot race down the road in an effort to save a job. Companies must somehow become a functioning member of society, their existence cannot be governed solely by the drive to make more profit. Companies cannot just benefit from the idea they are entities in our society they also must learn to live with us. Just because it is more profitable for Microsoft to keep cheap labor does not make it right.

    10. Re:Hey! by __aauygf7127 · · Score: 2, Informative

      I believe the requirements for getting an H1B for a foreign employee is supposed to be because they have a skill set that you can't find in a domestic employee and not because they're cheaper. "The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers." http://en.wikipedia.org/wiki/H1B_visa

    11. Re:Hey! by denzacar · · Score: 3, Informative

      I have no idea if the visas stop working if one lose ones job and if one have to leave and become the responsibility of the country you came from?

      http://en.wikipedia.org/wiki/H1B#An_H-1B_worker_faces_additional_obstacles_at_his.2Fher_workplace

      Any H-1B worker essentially has the following weakness:
      his ability to remain in U.S. is directly linked to his current job.
      H-1B holders can change jobs only with difficulty. In some cases, the holders of H-1B visas find their employers have not completely accurately represented the terms of employment; they find themselves in a foreign land with only a limited understanding of the legal system.
      H-1B workers can be disciplined at any time, by being laid off: the worker then has to leave U.S. within 10 days (and even these 10 days are allowed only at USCIS's discretion, no days are actually guaranteed by law).
      The employer has, however, the legal obligation to pay for the return transportation of the laid-off worker.
      The worker can only avoid leaving the country by finding another employer that is willing to sponsor for H-1B, often impossible in the short amount of time available.
      If unhappy with the workplace, a U.S. citizen or green card holder can simply quit his or her job, whereas a H-1B's right to remain in the U.S. is tied to the job.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
    12. Re:Hey! by modmans2ndcoming · · Score: 1

      without all that proposing of laws and voting on them and all that other democratic bullshit.

      Yeah!! Screw democracy! Bring in the fascism!

      [A statement for those who are not gramaticaly disabled]

    13. Re:Hey! by satch89450 · · Score: 1

      Didn't people at Microsoft, like, go to school for whatever it is that they do there, or something?

      Look at Bill Gates, and the space on his wall set aside for a diploma. Then re-think your comment.

    14. Re:Hey! by denzacar · · Score: 1

      When you are a FOUNDER of one of the world's biggest and most successful companies, people tend let slide the fact that you didn't finish your formal college education.

      They even give you a couple of diplomas without the need for you to even come to classes.
      http://en.wikipedia.org/wiki/Bill_gates#Recognition

      Gates has received honorary doctorates from Nyenrode Business Universiteit, Breukelen, The Netherlands in 2000,[63] the Royal Institute of Technology, Stockholm, Sweden in 2002, Waseda University, Tokyo, Japan in 2005, Harvard University in June 2007,[64] and from Karolinska Institutet, Stockholm, in January 2008.[65]
      Gates was also made an honorary Knight Commander of the Order of the British Empire (KBE) by Queen Elizabeth II in 2005,[66] in addition to having entomologists name the Bill Gates flower fly, Eristalis gatesi, in his honor.[67]

      In November 2006, he and his wife were awarded the Order of the Aztec Eagle for their philanthropic work around the world in the areas of health and education, particularly in Mexico, and specifically in the program "Un país de lectores".

      Soo... Which wall should Bill Gates take a look at?
      My guess is he has a whole storage room full of plaques, diplomas and other shiny pieces of paper.

      But I'll tell you what he DOES NOT have.

      He does not have an H-1B visa.
      Linus Torvalds, being Finnish and working in the USA - probably does, or has had at one time, though.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
    15. Re:Hey! by Xonstantine · · Score: 1

      Apparently you haven't worked with many H1B workers or used many Microsoft products. They are clearly NOT hiring the best workers for the job.

    16. Re:Hey! by SBrach · · Score: 1

      That article says most of the Corporations were small. Does it account for S corporations which don't pay income tax. Linky. Many people I know who own their own business have gone this route. Federal income taxes are still paid, just not by the corporation.

    17. Re:Hey! by non0score · · Score: 1

      You mean, companies should look at what is best for the global society and humanity as a whole? Sure, I can totally agree with that.

    18. Re:Hey! by megaditto · · Score: 1

      I am please you support my idea of mandatory abortions.

      We wouldn't want those kids to grow up and steal my jerb. And even less mouths to feed.

      Eventually we can nuke the place from orbit. It's the only way to be sure.

      --
      Obama likes poor people so much, he wants to make more of them.
    19. Re:Hey! by BertieBaggio · · Score: 1

      Dey tuk our jerbs!

      Oh no! Even Coach Z is out of a job! :(

      --
      If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
    20. Re:Hey! by JAlexoi · · Score: 1

      You do understand that your invested money in your own economy tries to contradict you.
      You probably have a retirement fund and probably another few funds and maybe you are trading on the stock market. By those actions you are, indirectly, making companies undermine you.
      Meaning, that you are forcing them to increase short term revenue and increase revenue using ANY possible solutions. Why? So that those savings or earnings could be translated into you stock/fund portfolio value growth or dividends.

    21. Re:Hey! by cyber-vandal · · Score: 1

      And none of the corporate officers of Microsoft own any shares in the company? Thanks for playing.

    22. Re:Hey! by Blakey+Rat · · Score: 1

      The irony is that you can't be hired as a programmer at Microsoft without a degree now, so basically Bill Gates wouldn't be able to get hired at his own company if he applied this year.

    23. Re:Hey! by commodore64_love · · Score: 1

      >>>And what you forget, and this is the problem of America's immigration system, today's immigrant is tomorrow's citizen.

      That's true, however out nation is on the verge of a crisis. We already experienced the beginnings of it this past summer when oil hit $150 a barrel. Come the year 2020 or 2030 when oil is as scarce as gold, and America is in economic chaos as a result, it would probably be better to have FEWER mouths to feed, not more.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    24. Re:Hey! by Curien · · Score: 1

      That's a good point. I would guess that quite a few of those are cases of the technique you mention. (The Senator who commissioned the study probably would include that in his denunciation of "tax trickery.") As to what largecorporations do, here's another quote from the article:

      In 2005, one in four large United States corporations paid no taxes on revenue of $1.1 trillion, compared with 66 percent in the overall pool. Large corporations are those with at least $250 million in assets or annual sales of at least $50 million.

      --
      It's always a long day... 86400 doesn't fit into a short.
    25. Re:Hey! by maxume · · Score: 1

      Controlling costs and providing goods and services at attractive prices is a great way to participate in society.

      --
      Nerd rage is the funniest rage.
    26. Re:Hey! by Duhavid · · Score: 1

      Precisely what rights do you lose if the company you create loses their special favors?

      Rather than losing rights, your elected officials will have to listen to *you* if they are not having to kowtow to corporations in order to be able to run for office.

      --
      emt 377 emt 4
    27. Re:Hey! by Duhavid · · Score: 1

      Microsoft is not *just* an exporter.
      It is not estabilished that their profitability is made or broken on clients outside the US, I rather expect it is the reverse, as ( at least for now ), US'ians make more, on average, and have more to spend, generally.

      As to them moving elsewhere, fat chance. That nation might nationalize the company ( for strategic advantage ), might change the tax structure, and disallow a move elsewhere. There is also the logistics problems that would entail. Further, and most important, the executives would probably have to spend a lot more time overseas, running the business ( or risk it losing control of it ).

      And on immigration, perhaps, but that is not what H1B's are about. They are about, for the most part, getting cheap labor.

      --
      emt 377 emt 4
    28. Re:Hey! by ScrewMaster · · Score: 1

      no they shouldn't they should be allowed to hire the best workers for the job.

      Spoken like a true H-1B. The issue is not that black and white and you know it.

      --
      The higher the technology, the sharper that two-edged sword.
    29. Re:Hey! by commodore64_love · · Score: 1

      Strawman argument.

      I never said anything about abortions. But we do have to face the facts: We're overpopulated. We're running out of water in the Southeast, and as last summer demonstrated, oil worldwide. As the price of oil escalates we'll have an economic collapse on a scale never seen before (yes worse than the 30s). It will be easier to survive that collapse if we have 300 million citizens needing food, rather than 600 million.

      Or, we could just let nature take it's course and decimate the U.S. population through starvation. I'd rather not take that course.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    30. Re:Hey! by ultranova · · Score: 1

      "The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers."

      The law of supply and demand says that this is impossible to ensure.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    31. Re:Hey! by ultranova · · Score: 1

      That's true, however out nation is on the verge of a crisis. We already experienced the beginnings of it this past summer when oil hit $150 a barrel. Come the year 2020 or 2030 when oil is as scarce as gold, and America is in economic chaos as a result, it would probably be better to have FEWER mouths to feed, not more.

      Better get fusion power working before that. Hydrocarbons (oil) can be manufactured easily from carbon dioxide and water once we have endless free energy for the power grid. And importing lots of smart people - nuclear physicists and engineers - would probably help a lot there.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  3. awesome by Anonymous Coward · · Score: 5, Insightful

    What's really going to be awesome is when Microsoft, IBM, et al go to Congress for their annual request for increased H1B visas after laying off thousands of American workers.

  4. ...because H1Bs are forms, not people by matt4077 · · Score: 5, Insightful

    I can understand that the well-being of american workers is more important than that of visa-holders to an elected politician. However, the impact of losing the job is much higher for H1Bs, as they usually have to leave the country (within 1 week I think). Considering the fact that these are humans, too, maybe it would be acceptable to lessen these restrictions somewhat, i. e. allow these people to stay in the country for a year if they have the financial means.

    1. Re:...because H1Bs are forms, not people by c0nst · · Score: 4, Informative

      actually, laid off h1b workers are allowed a 2 month "grace" period to either find a new job or leave the country

    2. Re:...because H1Bs are forms, not people by betterunixthanunix · · Score: 4, Insightful

      We are in the midst of a major economic crisis, and the more Americans who lose their jobs, the worse it is going to get. If a foreign national loses his job and goes back to his country, then his country will take care of him. The US government needs to focus on the US and US citizens right now, and not allow the needs of H1B guests to trump the needs of Americans.

      --
      Palm trees and 8
    3. Re:...because H1Bs are forms, not people by Nicolas+Roard · · Score: 5, Informative

      Care to give some links about this ? All I read about the H1B "grace" period is that there is none. (random recent link http://www.isss.umn.edu/H1BEmployment/GracePer.html). There's apparently an unofficial 10 day grace period, but that's about it.

    4. 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.

    5. Re:...because H1Bs are forms, not people by melstav · · Score: 4, Informative

      They don't just have to find a new job.

      They have to find an employer who is willing and able to sponsor them for either an H1B or a green card.

    6. Re:...because H1Bs are forms, not people by matt4077 · · Score: 1

      Not very smart. The success of a nation is a function of the intelligence and education of its people. Giving visas to people with above-average intelligence and education will therefore always be to a nation's benefit.

    7. Re:...because H1Bs are forms, not people by Rakshasa+Taisab · · Score: 4, Insightful

      So you're kicking out talented and resourceful people so that you can keep some fat lazy Americans in work?

      Yes, that sounds like the best way possible to prepare for bouncing back after the recession.

      Oh... I guess stereotyping never works well, yet the H1B are mainly high-skilled workers. Sending them back home only gives their home country, or what ever country they decide to relocate to, an invaluable resource.

      --
      - These characters were randomly selected.
    8. Re:...because H1Bs are forms, not people by Anonymous Coward · · Score: 1, Insightful

      I'm pretty sure that Microsoft's "firing criteria" is based solely on the merits/abilities of the individuals in question. They are not going to fire someone just because he's a foreigner, they would much rather fire someone who's local and sucks at his job. That said, I'm pretty sure there are a lot of inept foreigners at Microsoft to fire - but putting pressure on them to protect American jobs? That's just stupid and will lead to Windows 7 being more suxors than before.

    9. Re:...because H1Bs are forms, not people by Opportunist · · Score: 1, Redundant

      Well, I guess we'll now see what H1Bs are really used for. IIRC, the idea behind those Visa was to hire abroad when you can't find qualified workers at home. It would be logic to fire H1B holders and retain the local workers if this was really the basis for hiring those people. Hell, it would be anything but illogical to force companies to fire H1B holders if there are US people looking for jobs and they qualify for the jobs the H1B holders have.

      I guess we'll now see whether it really was so impossible to find qualified people at home or whether the H1Bs were a convenient way to get cheap labour.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re:...because H1Bs are forms, not people by WindBourne · · Score: 1

      No, throwing out H1B's to keep fat Americans and lazy Europeans in work. MS (along with other companies such as IBM) is laying off over there as well.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    11. Re:...because H1Bs are forms, not people by TheMonkeyhouse · · Score: 1

      Screw the foreigners, send them home.

      you do realise that America was founded on immigration? probably your great grandfather. and that immigration (a lot of it through H visas to Green Card to Citizenship) is what continues to help build the country?

      without it, the US would country would be full of ignorant gits making comments like that. back to your cave.

    12. Re:...because H1Bs are forms, not people by mlwmohawk · · Score: 1

      Not very smart. The success of a nation is a function of the intelligence and education of its people. Giving visas to people with above-average intelligence and education will therefore always be to a nation's benefit.

      That assumes (1) that there is no benefit to employing Americans, (2) That the same level and skill is not available locally, and (3) there is no harm in employing non-resident foreigners.

      None of these assumptions are true.

    13. Re:...because H1Bs are forms, not people by homer_s · · Score: 1

      It seems like it is not just in soviet russia where govt controls commerce

    14. Re:...because H1Bs are forms, not people by calmofthestorm · · Score: 1

      Sure, and let's hire cheap migrant labor to build it!

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    15. Re:...because H1Bs are forms, not people by betterunixthanunix · · Score: 2, Informative

      "A million unemployed but well-educated nerds will probably lead to the next google, Apple or whatever."

      Funny, thousands of highly skilled nerds lost their jobs in 2001, yet...the next Google did not form. Neither did the next Apple. The unemployed nerds just found new employment.

      --
      Palm trees and 8
    16. Re:...because H1Bs are forms, not people by cyber-vandal · · Score: 2, Funny

      http://en.wikipedia.org/wiki/Limited_liability

      Get rid of this totally unwarranted governemnt interference in the market now!

    17. Re:...because H1Bs are forms, not people by bryanp · · Score: 1

      What? Are you saying that America is somehow superior to their home country? How jingoistic and even racist of you.

      --
      "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Col. Jeff Cooper
    18. Re:...because H1Bs are forms, not people by thetoadwarrior · · Score: 1

      I'm sure he's native American, like most Americans. You can see it in his writing.

    19. Re:...because H1Bs are forms, not people by Anonymous Coward · · Score: 4, Insightful

      Sure. As long as skilled WHITE construction workers aren't allowed any of those jobs!

      http://www.youtube.com/watch?v=opxuUj6vFa4

    20. Re:...because H1Bs are forms, not people by darkstar949 · · Score: 5, Insightful

      The whole purpose of the H1B program was to bring foreign nationals into the country to work because the company said there weren't enough Americans who could fill the positions. However, if a company is now downsizing then it make sense that if you have a technical position that you need less people for, that the guest workers should be the first ones to be downsized. Logically, you can't claim not being able to find people to fill a position if you just laid off two people qualified for the position.

    21. Re:...because H1Bs are forms, not people by gnasher719 · · Score: 3, Informative

      I can understand that the well-being of american workers is more important than that of visa-holders to an elected politician. However, the impact of losing the job is much higher for H1Bs, as they usually have to leave the country (within 1 week I think). Considering the fact that these are humans, too, maybe it would be acceptable to lessen these restrictions somewhat, i. e. allow these people to stay in the country for a year if they have the financial means.

      The entire H-1B process is reliant on the fact that there are people who have more rights (in this case, American citizens) and people with fewer rights (in this case, non-citizens of the USA). The American citizens have for whatever reasons the right to get jobs ahead of the others. Microsoft is allowed to hire non-citizens if they can prove that American citizens can't fill all the needed positions. Microsoft _wants_ to hire non-citizens because they have fewer rights, so they are willing to work for less money. If these people coming into the USA through H-1B didn't have fewer rights, they wouldn't be willing to work for less money, and Microsoft wouldn't want to hire them.

      Whether the situation is fair or unfair is surely worth a discussion, but with H-1B you are only allowed into the USA because Microsoft couldn't find Americans to fill the job. Clearly if Microsoft fires American citizens, then that argument would be moot.

    22. 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!

    23. Re:...because H1Bs are forms, not people by SerpentMage · · Score: 3, Insightful

      You are wrong...

      Social networks...

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    24. Re:...because H1Bs are forms, not people by Rakshasa+Taisab · · Score: 1

      Logically, you can't claim not being able to find people to fill a position if you just laid off two people qualified for the position.

      Yes you can... Do you assume all employees within the same company are created equally? Some people are more efficient and produce higher-quality work than others.

      --
      - These characters were randomly selected.
    25. Re:...because H1Bs are forms, not people by Anonymous Coward · · Score: 1, Insightful

      This reeks of anti-competitiveness. MS should be allowed to get rid of their 5000 least productive employees.

    26. Re:...because H1Bs are forms, not people by Kindaian · · Score: 1

      Sure... And do you thunk that within this ressession 2 months is enough to get a new job...

      Welcome to indentured America more likely (H1B1 is that, only camouflaged).

    27. Re:...because H1Bs are forms, not people by slashdotmsiriv · · Score: 2, Insightful

      The laid off personnel was good enough to be hired by MS, meaning that they have the necessary qualifications. H1-B allows foreign workers to work only if there are not enough qualified US citizens for the same positions.

      If MS keeps H1Bs and fires Americans that would be not only illegal but unethical too. After all MS would be nowhere if the predecessors of US citizens they fire did not struggle to build this country. There are limits to open
      immigration policies!

      PS: I am a foreign student, soon to graduate and _attempt_ to enter the US job market. I would expect my own country to get rid first of the equivalent H1Bs in a similar situation.

    28. Re:...because H1Bs are forms, not people by yumyum · · Score: 1

      These H1B holders are well-educated... The US, meanwhile, will lose these talents after probably having spent lots of money in educating them.

      Huh?

    29. Re:...because H1Bs are forms, not people by fartrader · · Score: 5, Informative

      actually, laid off h1b workers are allowed a 2 month "grace" period to either find a new job or leave the country

      That is completely and utterly untrue. You have a 10 day period to leave the country - if you do not have another visa in process with the USCIS BEFORE YOU GET LAID OFF you are considered to be "out of status" after those 10 days and a USCIS examiner is likely to refuse you another visa if you apply for a new job without leaving the country. Being out of status is bad because it will count against you if you ever decide to get another visa or apply for a green card - even ONE day can result in a refusal.

    30. Re:...because H1Bs are forms, not people by yumyum · · Score: 1

      Not very smart. The success of a nation is a function of the intelligence and education of its citizens.

      Ah, that's better.

      A random collection of smart people working at a company does not make a country better; it may make a corporatocracy better. Having low unemployment among the citizenry should be the goal.

    31. Re:...because H1Bs are forms, not people by fartrader · · Score: 1

      Its not a "Transfer" it's a new visa - but it doesn't count against the yearly limit. If you apply when you are still employed under another H1-B then you remain in H1-B status, and they will issue you a new visa if the company and employer meet the specialist requirements. That aside I have known individuals who have applied before and after they have lost their jobs to be refused ... and of course accepted. Its really in the discretion of the USCIS examiner ... better hope he got laid the night before.

    32. Re:...because H1Bs are forms, not people by betterunixthanunix · · Score: 2, Informative

      You are wrong for two reasons: first of all, social networking websites were getting started during the height of the dot-com bubble, and second of all, the two mostly wildly successful social networking sites, MySpace and Facebook, were started by managers, businessmen, and advertisers, not by highly skilled tech workers (although they certainly employed such people).

      --
      Palm trees and 8
    33. Re:...because H1Bs are forms, not people by darkstar949 · · Score: 4, Insightful

      That is true. However, the assumption is that if you have two people with the same job description, then that is two people whom the company thinks is qualified to do that job.

      Also, since the H1B program is a government program, then they have to hold to the law of the land which assumes that all of the employees are in fact equal (actual work performance not withstanding) which means that the company must justify laying off employees who were filling a job that they are now requesting a H1B visa for.

    34. Re:...because H1Bs are forms, not people by tjstork · · Score: 1

      Even in a free market system, government has the right to regulate commerce. The difference between Soviet Russia and the West is that generally, the person who engages in commerce in the West is entitled to a right to private property whereas there is little private property in Soviet Russia. Note that, even though Democrats are often tagged as being "socialist", at their political worst, they would still be considered free marketers, largely because they invented free trade (credit Wilson/Roosevelt), and although they have higher taxes and redistribution of wealth.

      --
      This is my sig.
    35. Re:...because H1Bs are forms, not people by Anonymous Coward · · Score: 1, Informative

      The H1-B visa was never intended to be a path to citizenship. It's a serious problem that it has become a de facto one.

    36. Re:...because H1Bs are forms, not people by Michael+Hunt · · Score: 1

      If a foreign national loses his job and goes back to his country, then his country will take care of him.

      Unlike the American government, who have steadfastly refused to implement any sort of welfare safety net and currently have a higher population of homeless veterans than most countries have unemployed citizens (a touch under 500 thousand at last count, if google is to be believed.)

    37. 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.

    38. Re:...because H1Bs are forms, not people by Michael+Hunt · · Score: 1

      There are jobs, and there are jobs. One of the things I heard is that MS are going to sack the entire team that produces Flight Simulator. Now, are you going to tell me that those guys could replace Prasad and Thusita over in Windows?

      Last time I checked, dealing with large sets of vectors and rendering a realistic looking terrain had little in common with SMP locking code in a microkernel.

      Horses for courses. This idiot senator would do well to realise that.

    39. Re:...because H1Bs are forms, not people by olafva · · Score: 1

      As I understand the law, I think this is the way it works:

      1. Foreign national (FN) gets PhD in a technical discipline in the US
      2. FN automatically granted 1 additional year in the US for "Technical Training"
            (during this year or before, FN can apply for an H1B visa)
      3. FN obtains H1B visa (with company attorney's help) to work an unlimited time in the US at this or other related company.

      4. 2 month grace period to find another stateside job (perhaps even longer).

      --
      What's past is NOT ALWAYS prologue for the future!
    40. Re:...because H1Bs are forms, not people by Splab · · Score: 5, Insightful

      In Denmark we have a fixed grace period, however foreign workers do have a hard time getting a job since there is a minimum required pay for keeping the green card (which in effect puts the foreign worker in the top 50% payment), this severely reduces the gain for companies when hiring foreigners.

      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.

    41. Re:...because H1Bs are forms, not people by sbenson · · Score: 2, Interesting

      I myself have never seen a "fat lazy American" at my business,
      This is due to great Management, we don't hire them.
      You are deluding yourself if you think there is a racial/national difference between you and Americans.
      I've lived and worked overseas, guess what? You have fat lazy Indians, Chinese, Vietnamese and more.
      Face facts, it's a cost analysis, no more than that.
      I myself would be offended and try to do something about a company that thinks my work deserves lower pay versus my co-workers due to my nationality.
      Seems we need to think on a global level as members of the human race vice difference based upon language, melanin, and areas defined by a grease pencil oh so many years ago.

      *I redirected my /dev/urandom to create this post.

    42. Re:...because H1Bs are forms, not people by andereandre · · Score: 1

      the guy who will be seen as having the most merit will be the guy who spends the most time at the coffee machine sucking up to the boss. Which will probably be the American (in the sense that it will be easier for them, not that they like to suck more). Problem solved.

    43. 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.

    44. Re:...because H1Bs are forms, not people by DoofusOfDeath · · Score: 4, Insightful

      So you're kicking out talented and resourceful people so that you can keep some fat lazy Americans in work?

      There's so much wrong with your characterization of the issue that it's hard to figure out where to start...

      H1B workers can be paid significantly less than native workers. If you're carrying $100k in student loans from having been educated in America, and the H1B program brings in someone who can afford to work for $30k/year, you're screwed. Being undercut by inexpensively educated foreign workers makes one neither fat nor lazy.

    45. Re:...because H1Bs are forms, not people by lazyforker · · Score: 1

      after probably having spent lots of money in educating them.

      Wrong. Take a look at these US govt links.
      http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD

      Q : What is an H-1B? The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

      http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCRD&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1RCRD

      Q : What is a specialty occupation? A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelorâ(TM)s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

      So - it's most likely that the visa holders, such as I used to be, were educated elsewhere. The USA would not bear the cost of their education.

      Of course it is possible that the H1B holders are all models "of distinguished merit and ability" but having seen many Microsoft employees I doubt it.

    46. Re:...because H1Bs are forms, not people by Dutch+Gun · · Score: 1

      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.

      Well, unlike many countries, we pick a number of green-card recipients (many of which go on to become citizens) based on a lottery, and make it relatively easy to become an American and even hold dual citizenship. Many Americans are concerned with the current issue of *illegal* immigration, but I don't think you should necessarily interpret that debate as a referendum on immigration itself (it's often painted that way).

      --
      Irony: Agile development has too much intertia to be abandoned now.
    47. Re:...because H1Bs are forms, not people by Daengbo · · Score: 1

      Mini-Microsoft was expecting that 10%-ers (that's poorly performing employees) would be the ones to be let go, but based on comments at that blog, it doesn't appear to be the case. The layoffs are apparently random by team rather than by performance.

    48. Re:...because H1Bs are forms, not people by lazyforker · · Score: 1

      If the company is underpaying the unqualified H1B workers then they are either flouting or gaming the law. The H1B workers are supposed to earn salaries that are similar to those earned by Americans ("prevailing wage") in the same job. The problem with IT jobs (and some engineering jobs) is that job titles vary greatly from employer to employer and thus it's hard for the govt agencies to do a direct comparison. Furthermore the company *could* use a generic job title eg "Systems Analyst" to describe a highly-specialized job eg SAP programmer. Thus the appropriate prevailing wage would be lower.

      As for hiring unqualified/inept people: that's just stupid (regardless of whether they're Americans or not). The managers who made those decisions should be fired.

    49. Re:...because H1Bs are forms, not people by modmans2ndcoming · · Score: 1

      Newsflash... Facebook was founded by a collage kid who became a billionaire by the time her turned 24.

    50. Re:...because H1Bs are forms, not people by Jaysyn · · Score: 1

      They aren't living the American dream, they are mercenaries pumping the dollars they don't spend here for necessities back into their home countries.

      H1Bs are a subversion of a "fair market" (free markets don't exist, so STFU Adam Smith). They aren't citizens, they have no loyalty to the US & frankly for the most part, we don't need them here. If they really wamted to live the "American" Dream they would be getting either citizenship or resident alien status.

      --
      There is a war going on for your mind.
    51. Re:...because H1Bs are forms, not people by bsane · · Score: 1

      If the company is underpaying the unqualified H1B workers then they are either flouting or gaming the law.

      FannieMae?? Never! :-)

      Thats the problem with the H1 program- its easily gamed to achieve whatever you want. If companies don't game it, they end up with a few highly qualified H1 employees (some other places I've worked). I think allowing immigrant workers is a good thing, but the current H1 program is a joke.

    52. Re:...because H1Bs are forms, not people by bsane · · Score: 1

      You know, I hear that argument a lot. So clean up the system and make it easy for people with degrees to stay.

      I agree that the system needs to be cleaned up- I'm certainly not advocating that immigration stops. I'd generally be ok using higher degrees as a litmus test, but bachelors degrees are a ticket punch at best.

    53. Re:...because H1Bs are forms, not people by satch89450 · · Score: 1

      you do realise that America was founded on immigration? probably your great grandfather. and that immigration (a lot of it through H visas to Green Card to Citizenship) is what continues to help build the country?

      s/realise/realize/

      How does immigration currently help to "build the country"? The population has expanded from sea to shining sea already; there isn't an excess of arable land on which to settle. If you studied history, the "boomers" settling what is now Oklahoma were able to claim 160 acres of land simply by going there. (Then, of course, there were the "Sooners", but that's just a story of people abusing the system.) That's "building the country".

      One of the issues that is rearing its ugly head is that drinkable water is, in some places, in short supply. Water is being pumped in large quantities from sparsely-populated areas to densely-populated areas. The United States of America doesn't need growth, it needs to manage the population it has. Immigration just adds to the problem.

      Look up the history of Ellis Island to see the true path for immigration when immigration was at its peak. Or do you prefer being an ignorant git?

    54. Re:...because H1Bs are forms, not people by ClosedSource · · Score: 2, Insightful

      Of course there are lots of people in the world that would love to legally work in the US even temporarily . The H1Bs are among the luckiest ones.

    55. Re:...because H1Bs are forms, not people by RightSaidFred99 · · Score: 1

      Well, there is always the silver lining that if you don't like it you don't have to come to America and work under it.

    56. Re:...because H1Bs are forms, not people by RightSaidFred99 · · Score: 1

      Haha. If you fervently wish for something or try to state something laughably false as a fact, little Johnny, you can make it true!

    57. Re:...because H1Bs are forms, not people by ClosedSource · · Score: 1

      Sure, the last thing we want is technology created by fat people!

    58. Re:...because H1Bs are forms, not people by ClosedSource · · Score: 1

      Sure, but there's no evidence of any general quality difference between H1Bs and American citizens, so how is that relevant?

    59. Re:...because H1Bs are forms, not people by RightSaidFred99 · · Score: 2, Insightful

      Bullshit. If you're working for "less than you are worth" you can find another job. If you can't, then by definition you're working for exactly (or more than) you are worth.

      When some whiny bitch H1B IT worker goes and watches a garbage man, or a construction worker, or a dude who works in 115 degree weather fixing roads and then legitimately claims that he's "worth" more than he can negotiate out of willing employers, uhh.. well, I'll know he's lying.

      People working H1B's are better off than the majority of people in America, much less the rest of the world. Whining about it won't generate much sympathy.

    60. Re:...because H1Bs are forms, not people by RightSaidFred99 · · Score: 1

      Snooze-fest. Yeah, we get it.

      Obama has just implemented more quadruple taxation on corporations, raising corporate income tax to 65%. Corporations and stockholders upset.

      Uhh, durr, if thems don't likes it, thems can get rid of limited liability!!! Teehee, see how clevers I am? What I did dar was I pulled the old tit for a tatty!

      Really. You sound that stupid when you keep bringing this up over and over. It's not the slam dunk you seem to think it is. OK, government removes limited liability. Corporations dissolve. Yeah - that won't lead to a complete breakdown of western civilization.

      So clearly it's not a threat, you're using it for some sort of doltish justification for government intrusion. The problem is that in your hypothetical world where you trade tit for tat, corporations would be pretty happy. OK - we can trade limited liability for ridiculous taxation laws on unrealized income?! We can get rid of all this bullshit regulation and in exchange we trade limited liability? Deal!

    61. Re:...because H1Bs are forms, not people by pha3r0 · · Score: 1

      Yes America is the great melting pot and for years our pot has runeth over. But now we have an economic problem (Yes I said problem because we can mostly still afford gas and food. If you disagree go talk to your grandparents about a real depression.) and if we don't take steps to keep our own country working how are we going to support all the other charity cases around the world? What happens when next year no one is importing goods from China or Labor from Mexico or doctors from India? Do you think they have strong enough economies to support that level of unemployment? If 10% of the factories in China just had to close down what would happen? If I stopped doing tech work and went back to the farm I was raised on that Mexican has to go home, think he'll have luck getting any kind of a decent job there? Can't afford medical?, doctors out of work.

      I might sound callous and I know not all H1B's are shipping money home and investing in their own countries. Some are college grads that got a great chance here and are looking to immigrate eventually or maybe transfer out of this country to another and another until they find a place they want to call home or a nice Indian girl or W/E.

      That is not the point of the Senators letter, nor do I think he actually intended to make Microsoft -do- anything his way. But in a recession, when we are about to pass a nearly trillion dollar stimulus does it not make since to retain citizen workers?

      Just think if only half of that 5000 was h1b workers that's 2500 more employed Americans. Thats a piddly number but it is A number and it's damn sure not piddly to those 2500 Americans

    62. Re:...because H1Bs are forms, not people by RightSaidFred99 · · Score: 1

      Ahahaha. Wow, you mean the US, the 3rd most populous country in the world, has a higher population of homeless veterans than most countries? That's fucking _crazy_ dude!

      Yeah. I'm laughing at you, not with you.

    63. Re:...because H1Bs are forms, not people by RightSaidFred99 · · Score: 1

      Your point? We also came here and brutally took the land from the indigenous population, should we just go shoo the Canadians out of Canada and take their natural resources and force them onto reservations?

      Only history teachers and romantics think that the past, out of inertia, should dictate our actions in the present. Learn from the past - sure. Use it as some kind of barometer to dictate our actions out of some ridiculous concept of historical consistency - umm...no.

    64. Re:...because H1Bs are forms, not people by xenocide2 · · Score: 1

      If your problem with H1-B is human rights, then why not drop the H1-B program and raise the general visa quota accordingly? Otherwise, they can just return to their home country, of which they're still loyal citizens. I wouldn't expect a European country to be incredibly lenient if I was a contractor there. I'm there for a specific job, and when it's over, so's my stay.

      Granted, returning to America is different than returning to Pakistan or India or whatever war-torn nation these highly educated workers hail from. But there's no reason to integrate humanitarian compassion with mercenary business except to exploit compassion for business's sake.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    65. Re:...because H1Bs are forms, not people by f16c · · Score: 1

      There is a vast difference between an H1B visa holder and those who wish to emigrate. Those that wish to stay are competing on a level playing field in the same job category and they want to be "us". H1B visa holders are cheap hired help that are required by law to leave and intend to do so at the end of their employment. The H1B is created as a way to hire cheap labor and not to provide a path to citizenship. Considering the way the system has continued to be abused they need to do away with it.
      If the country needs more high-tech help they should ask that they either emigrate as in the old days or provide laws requiring these workers to be paid at a premium. In the current political environment neither is likely to happen.

      --
      bob@Osprey:~>
    66. Re:...because H1Bs are forms, not people by drinkypoo · · Score: 1

      Whether the situation is fair or unfair is surely worth a discussion, but with H-1B you are only allowed into the USA because Microsoft couldn't find Americans to fill the job. Clearly if Microsoft fires American citizens, then that argument would be moot.

      You mean, because Microsoft claims they can't find Americans to fill the job. The truth is that they don't want to pay Americans to fill the job. Anyone else see that video posting of the seminar which tells you how to avoid hiring competent applicants so you can hire an H1B? I have it saved around here someplace. NEVER FORGET.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    67. Re:...because H1Bs are forms, not people by Alinabi · · Score: 2, Interesting

      It's not an unfair playing field. Somebody is WILLING to work for less pay than you. You are the one who has to adapt. That's how a free market is supposed to work.

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    68. Re:...because H1Bs are forms, not people by drinkypoo · · Score: 1

      Note that, even though Democrats are often tagged as being "socialist", at their political worst, they would still be considered free marketers, largely because they invented free trade (credit Wilson/Roosevelt), and although they have higher taxes and redistribution of wealth.

      Nonsense! Democrats and Republicans are both populists. Populists want to control markets AND morality. There is really no good argument against both major parties being populist, but we can go back and forth on it for a while if you want. Democrats are responsible for things like banning trans fats. Whiskey Tango Foxtrot? Why not just demand transparency with forced labeling? Oh wait, we don't actually want to let people decide things.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    69. Re:...because H1Bs are forms, not people by Reverberant · · Score: 1

      Which isn't what he actually said (or meant), but then again you knew that, didn't you?

    70. Re:...because H1Bs are forms, not people by Trailer+Trash · · Score: 4, Informative

      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.

      And, to continue, the "lower pay" part is illegal. I have actually looked into it (from a business standpoint) before, and, as a business owner, I have to basically sign an affidavit that I will pay the same rate to the foreign worker as a similarly qualified US worker, and I have to swear that I can't find anyone in the US to fill the job.

      My wife came over on an H1A originally as a nurse, and it was the same story. The nursing home was getting Filipino nurses to come over so they could pay them shit wages that Americans wouldn't even consider. The Filipinos also put up with *anything* because they could be sent back to the Philippines with a signature from the director.

      I have a friend who's in the same shitty position now as a computer programmer - the company illegally didn't pay him for 8 months while he was "benched", but he won't sue them because he wants to be in the US so bad. They owe him tens of thousands of dollars. He ended up finding the current contract that he's working by himself, but still is working through the agency that dicked him over. Looking them up on the internet, he's not the only one they've done this to.

      Anyway, it's a mess, but if the US simply enforced the law, particularly the "equal pay" part, the problem would go away.

    71. Re:...because H1Bs are forms, not people by xenocide2 · · Score: 1

      Well, it's good to know that the options at Microsoft are Flight Sim team and Microkernel Engineer.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    72. Re:...because H1Bs are forms, not people by QuasiEvil · · Score: 1

      H1Bs work under duress. Some are happy to have a flushing toilet. Others are working their asses off so they don't lose their job and have to take the next flight out the country.

      What duress? They're the ones that sought employment here, and if it clearly was that bad, they'd go elsewhere. Clearly since companies are able to fill their H1B slots with live bodies, they're working at what they're worth.

      They're here because they can make more money here than at home. With that sometimes comes some risk and some hardship. Basic economic theory: more risk, less desirable = more $.

    73. Re:...because H1Bs are forms, not people by Your.Master · · Score: 2, Insightful

      They didn't fire engineers en masse. HR, marketing, lawyers can be fired and engineers hired without any inconsistency.

      Also, you COMPLETELY fail to see the GPs point. Those 5 million educated americans are still going to be 5 million educated americans. But the many educated non-americans in america are no longer going to be in america, reducing your odds in the lottery of success.

    74. Re:...because H1Bs are forms, not people by Your.Master · · Score: 1

      That's an excellent way to make sure the H1B program is never used.

      "We'd like to offer you a job. You get the same pay as the local people, but if we have to fire anybody, then we fire you first, regardless of your job performance and dedication, and then you are no longer legally in the country and have to leave immediately. What do you say?"

    75. Re:...because H1Bs are forms, not people by drsmithy · · Score: 1

      In Denmark we have a fixed grace period, however foreign workers do have a hard time getting a job since there is a minimum required pay for keeping the green card (which in effect puts the foreign worker in the top 50% payment), this severely reduces the gain for companies when hiring foreigners.

      That's actually one of the better solutions to the problem I've heard.

    76. Re:...because H1Bs are forms, not people by megaditto · · Score: 1

      How does immigration currently help to "build the country"?

      Einstein, Tesla, Bell, Borh, von Braun, Teller, the less famous dudes that co-founded IBM and Google, or co-invented the Transistor, etc.

      --
      Obama likes poor people so much, he wants to make more of them.
    77. Re:...because H1Bs are forms, not people by An+dochasac · · Score: 1

      Care to give some links about this ? All I read about the H1B "grace" period is that there is none. (random recent link http://www.isss.umn.edu/H1BEmployment/GracePer.html). There's apparently an unofficial 10 day grace period, but that's about it.

      Wow, there goes the rest of the U.S. housing market. (((((pfffffftt!)))))

    78. Re:...because H1Bs are forms, not people by sjames · · Score: 1

      The H1B employees were granted permission to come work in the U.S. on a sort of fast track program. In return, restrictions were placed on that permission, including that they were not affecting citizen's ability to get a job. This was done with the explicit understanding that it addressed a real shortage of available U.S. citizen workers qualified for the job.

      There's no reason at all why that shouldn't create an obligation to lay off the guest workers first once the shortage no longer exists. (And if you're laying people off, there's no shortage for that position).

      I would have no problem with granting the guest workers who meet the criteria a bit of grace to apply for a green card. However, if they don't meet those criteria, there's no justification for keeping them on while laying off a citizen or green card holder with a clear right to work here.

    79. Re:...because H1Bs are forms, not people by mlwmohawk · · Score: 1

      His point was that bringing in skilled workers from other countries benefits us.

      This statement assumes that a local resident does not have the same skills. This is a myth created by large corporations to perpetuate the H1B program.

      The majority of those H1-Bs stay in the USA,

      The H1B system is for TEMPORARY workers.

      become Americans after a period of time.

      That should be the first step.

    80. Re:...because H1Bs are forms, not people by mlwmohawk · · Score: 1

      let me tell you that you are a completely clichÃf© ignorant, _racist_ american. You are the kind of person who damages the reputation of the US abroad.

      I am not a racist. That is something that is easy to say. The label of "racist" is cowards way out. By trying to affix the label of "racist" you are employing the old "Ad Hominem" attack. You insult me and call into question my motives, but do not, in fact, address the opinion. What I say I say as a member of the American middle class.

      Get a green card or become a citizen, short of that you are a leach draining good jobs from citizens and lowering the prevailing wage and fundamentally damaging the middle class of my country.

      Call that a troll if you want, I don't care. It is an important thing to protect one's community.

      Now, seriously, I have *no* problem with *anyone* moving in next door to me, or emigrating to my country, but BECOME part of my community BEFORE you take work here. The H1B program was not intended to create a migrant working class.

    81. Re:...because H1Bs are forms, not people by JAlexoi · · Score: 1

      Well that seems to be a major problem in your education system.

    82. Re:...because H1Bs are forms, not people by mlwmohawk · · Score: 1

      you do realise that America was founded on immigration?

      Which America are you talking about?

      probably your great grandfather.

      All of my great grandfathers were born here. So were half of my great, great, great, great, great, great grandfathers. The "mohawk" in my name is for my great grandfather.

      lot of it through H visas to Green Card to Citizenship

      The H1B program was not intended to be a road to citizenship nor was it intended to create a migrant working class.

      without it, the US would country would be full of ignorant gits making comments like that. back to your cave.

      Interesting choice of words. I'll let the casual readers contemplate all the things that are wrong within those two sentences.

    83. Re:...because H1Bs are forms, not people by symbolset · · Score: 1

      "We'd like to offer you a job. You get the same pay as the local people, but if we have to fire anybody, then we fire you first, regardless of your job performance and dedication, and then you are no longer legally in the country and have to leave immediately. What do you say?"

      And you'll pay me more in a year than I might make in a lifetime in my home economy? Where do I sign?

      --
      Help stamp out iliturcy.
    84. Re:...because H1Bs are forms, not people by roystgnr · · Score: 1

      If that was the case, there wouldn't be any complaints, because then they wouldn't be getting paid less.

      "Give us your motivated, your rich, your comfortable elites yearning to raise our average wages"? Somehow that doesn't quite sound correct.

      But one of the other replies hit it on the nose: you can't compare H1B workers to immigrants if they're planning and required to leave rather than immigrate permanently.

    85. Re:...because H1Bs are forms, not people by mlwmohawk · · Score: 1

      I'm sure he's native American, like most Americans. You can see it in his writing.

      And people call *me* a racist. You speak from a position of ignorance. Perhaps you have not read about some of the great native American philosophers. It doesn't surprise me, most Europeans (and their descendants) are ignorant of the world outside of europe and its colonies after they have enslaved the indigenous peoples.

      There is a rich tradition of wisdom that Europe does not know and can not comprehend. There is a wisdom and strength that comes from watching the animals and listening to the wind.

      The native Americans may have lost the Americas, but mostly because of European diseases. Even then, with the indian population decimated, the europeans still had to wipe out the buffalo and kill innocent women and children to win.

    86. Re:...because H1Bs are forms, not people by An+dochasac · · Score: 2, Interesting

      ...I have to basically sign an affidavit that I will pay the same rate to the foreign worker as a similarly qualified US worker, and I have to swear that I can't find anyone in the US to fill the job.

      Employers who abuse the H1B system should be heavily fined (revenue going to H1B employee backpay and unemployment compensation for displaced citizens.) HR managers who authorized the abuse should find themselves out of a job, if not in jail. We can turn a blind eye to such abuse during boom times but now that the economy is damaged, the blame should not pass on to the abused foreign worker. Blame lies squarely with the abusive company. H1B is designed to backfill specialized skills. Two decades in the IT industry working across a variety of environments has convinced me that most job posts for N years using X framework/language/application/OS are shams. The fact that a recent change in EEOC labor laws encourages this practice. Here is how it works:

      Company X needs a unix expert but they don't want to pay for one. So they find a particularly obscure newspaper and advertise that they are looking for 29-31 years of experience using Java 1.7 on RedHat RHEL 21. They get a number of (irritating) domestic applicants who've used Java 1.6 on OSX, Solaris or Ubuntu. They throw these in the bin and hire the H1B person, underpaying them.

      For the non IT person, it's almost the equivalent of a taxi firm only hiring drivers who have experience driving 2001 Ford Galaxy vans with the 5.0 Liter V8 engine.

      We should have a national website which advertises jobs which are about to go to an H1B applicant. Post it there for a month with all employee/employer correspondence logged and then I'd be happy to hand the job to a person from anywhere. H1B can work to keep jobs in the country. If it isn't abused it is much better for our economy than allowing a company to relocate or outsource.

    87. Re:...because H1Bs are forms, not people by TheKidWho · · Score: 1

      You still don't get it, it's a way to drain talented resources from other countries and bring them into the USA. In the end it benefits our country and hurts other countries.

      The majority of people who come here on H1Bs are very intelligent, and that is one of the reasons the USA has done so well, it attracts the most intelligent people from the world.

    88. Re:...because H1Bs are forms, not people by thetoadwarrior · · Score: 1

      Well you didn't expect them to keep a hold of all those blankets covered in small pox? That's unhealthy.

      Your implication that I'm being a racist is absurd when I don't even live in the same country as native Americans so they don't enter my mind at all until one of them decides to imply they have better spirituality than others. More so when they originally come from this side of the globe just like all other immigrants in the US.

    89. Re:...because H1Bs are forms, not people by tjstork · · Score: 1

      I actually can see the Democrats' point in banning Trans fat, if the science were actually trustworthy and not subject to political manipulation. But I don't trust that it is, so therefor, I'd say throw a label on it and in doing so agree with you.

      --
      This is my sig.
    90. Re:...because H1Bs are forms, not people by Maxo-Texas · · Score: 1

      Well,

      Since most of the world doesn't follow American values it pretty much has turned to shit.
      As strong as the American system was, we couldn't carry the entire world on our back.

      Also, our politicians and corporate leaders used to put the country first. A generation of boomers in the 90's and 00's ended that. They are selfish pricks who sold out the rest of the country on many levels. This weakened the country enormously, further reducing the ability to support the rest of the world.

      Next time a fascist government decides to take over the world and slaughter everyone, we will probably just sit back and let it- provided that it gives us a good deal on workers.

      The boomers have no real moral foundation and no code of honor. They do what feels good and whatever makes money.

      But back to the first point, many countries used to be in decent shape in the 1950's. While not wealthy, they were not impoverished. But two generations of looting by their business and ruling classes have left 99% of their populations on the verge of starvation without any hope for the future.

      We can't help them all.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    91. Re:...because H1Bs are forms, not people by Maxo-Texas · · Score: 1

      And since their potential jobs are not being allocated to inexpensive foreign labor, more americans will train for those jobs.

      The problem for the last 15 to 20 years is that companies are not willing to even repay what college costs.

      They want someone with 12 years experience but are willing to pay $50k (which is insane considering you paid $50k to get the required training, degrees and certifications).

      Part of the problem is that college in india and china is cheap because professors there are cheap, buildings there are cheap, and so on.

      Ideally, instead of paying $200k to go to MIT, you would go to India Tech or China Tech, pay $5000 (including living expenses) for your bachelors (and probably more rigorous than here) and then come back without the need for a $90k job just to maybe get out of debt by the time you are 40.

      Likewise, our executive class got completely out of hand starting in the late 80's. It's not capitalism when 1% of the workers who control the pay system but really contribute very little value to the company can demand the pay of 6,000 other workers. In a capitalist market, we'd have outsourcing of executives too.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    92. Re:...because H1Bs are forms, not people by epee1221 · · Score: 1

      I'd say you have to pay me _more_ than you'd pay a domestic worker, which is allowed under H1B. If you're not going to cough up extra money, you didn't really need my expertise all that much -- hire a domestic worker instead.

      --
      "The use-mention distinction" is not "enforced here."
    93. Re:...because H1Bs are forms, not people by Trailer+Trash · · Score: 1

      For the non IT person, it's almost the equivalent of a taxi firm only hiring drivers who have experience driving 2001 Ford Galaxy vans with the 5.0 Liter V8 engine.

      Actually, it's the equivalent of finding a taxi driver who is experienced in driving an 1905 model Delorean. Spot on, otherwise.

    94. Re:...because H1Bs are forms, not people by betterunixthanunix · · Score: 1

      Right back at you: he was a business major (if you'll grant me the stretch for "businessmen"), not a skilled tech employee, and his associates at the time were graduates with business degrees. There were no tech workers involved in the concept behind Facebook, just a few required for the implementation. The concept that Facebook was a college project to connect some friends together is flawed also: it was create for the purpose of advertising, the business plan was to collect market data in a difficult to target group (college and later high school students) by having them voluntarily submit it. Facebook's creation was not in any way related to tech layoffs.

      --
      Palm trees and 8
    95. Re:...because H1Bs are forms, not people by warsql · · Score: 1

      Oh please. Let me guess, you live in a desert area.

      The US is in the bottom half by population density. http://www.worldatlas.com/aatlas/populations/ctydensityh.htm

      --
      878659 - yep its prime.
    96. Re:...because H1Bs are forms, not people by maxume · · Score: 1

      Yeah, the tripling of the global population has nothing to do with stagnating (well, really, the slow growth of) standards of living, it is all American greed.

      And goods are more expensive too (Actually, no, they are generally cheaper).

      Also, information is less available (Hah!).

      --
      Nerd rage is the funniest rage.
    97. Re:...because H1Bs are forms, not people by Duhavid · · Score: 1

      "Somebody is WILLING to work for less pay than you"

      They are willing, in large part, because they are *able*. Will my house payment go down because I make less? Did the cost of my education go down? Is my food cheaper? Is it possible for me to go without a car? Will that car be cheaper? Will the insurance and gas be cheaper?

      No? Would there be an adjustment? Sure, eventually, and after much pain.

      Do these companies realize that when they do this, they reduce the number of people who can afford their product/service at the current pricing? That they will have to reduce their prices after the equilibrium has come, and that their percent profit will likely be the same or less? Probably not, companies are pretty dumb.

      --
      emt 377 emt 4
    98. Re:...because H1Bs are forms, not people by Duhavid · · Score: 1

      "or provide laws requiring these workers to be paid at a premium"

      There is no need for a law on this, the market will do the job nicely. Except companies don't like the market when it works to raise wages, so they outsource and create H1B programs, so they wont have to.

      --
      emt 377 emt 4
    99. Re:...because H1Bs are forms, not people by Duhavid · · Score: 1

      "Those 5 million educated americans are still going to be 5 million educated americans"

      Unemployed, largely, for a longish time, and on the dole.

      --
      emt 377 emt 4
    100. Re:...because H1Bs are forms, not people by Chandon+Seldon · · Score: 1

      It's not an unfair playing field. Somebody is WILLING to work for less pay than you. You are the one who has to adapt. That's how a free market is supposed to work.

      The labor market in most countries isn't free due to immigration restrictions. Those immigration restrictions create a regulated but fair-to-the-locals labor market. H1B visas then warp that fair market in favor of hirers.

      If you are seriously proposing a free market in labor, that's an interesting proposition. But H1B visas have nothing to do with such a proposal or market freedom at all.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    101. Re:...because H1Bs are forms, not people by $robertus · · Score: 1

      In normal times, most of us would not object if the companies were required to pay the sort of top-end pay that not being able to hire a domestic worker should dictate. The problem is that the H1B has frequently been used as a tool to bring in lower-paid workers foreign temps to drive-down labor rates. H1Bs are frequently hired for positions where there are plenty of American workers competing, they just want to be paid the market rate. I would be surprised if more than 10% of the H1Bs are used to fill positions where there really is no one with the required skills available.

      --
      -- Bob Honan I stand by the truth, which is why I never stand by Republicans.
    102. Re:...because H1Bs are forms, not people by ScrewMaster · · Score: 1

      In a capitalist market, we'd have outsourcing of executives too.

      Dude, where have you been? That's been happening for a long time, because if they put a foreigner in a top job, it's a lot easier to get them to fuck over their workforce. Why should they care? It's just a bunch of Americans.

      --
      The higher the technology, the sharper that two-edged sword.
    103. Re:...because H1Bs are forms, not people by ScrewMaster · · Score: 1

      So you're kicking out talented and resourceful people so that you can keep some fat lazy Americans in work?

      Yes, that sounds like the best way possible to prepare for bouncing back after the recession.

      Oh... I guess stereotyping never works well, yet the H1B are mainly high-skilled workers. Sending them back home only gives their home country, or what ever country they decide to relocate to, an invaluable resource.

      So you're kicking out talented and resourceful people so that you can keep some fat lazy Americans in work?

      That's rather an ignorant and bigoted remark. If the reverse were true, if it were U.S. workers who were displacing talented and capable people in your country (maybe costing you your job) why, I'll bet a hundred U.S. dollars worth of your local currency that you'd be just as upset as we are. Grow up, acquire some empathy, and try looking at this from our perspective. You might learn something.

      If not, you're just another dick who, no matter your talents and/or skills, are of no value to us. What a lot of people just don't understand is that there's more to a worker, to a human being, than his skill set. What makes a man or a woman a good citizen is not solely a matter of how they make their living. Honestly, when I see how many of you H1B's look down on Americans (like you do), see us as a nation of people to be exploited, regardless of the damage you cause us, my response is a hearty "Fuck YOU and the horse you rode in on." It works both ways, bucko: if you want us to respect you, to take advantage of all our nation has to offer, you'd better work on your attitude. Otherwise you're nothing but a liability.

      --
      The higher the technology, the sharper that two-edged sword.
    104. Re:...because H1Bs are forms, not people by tyrione · · Score: 1

      There are hundreds of thousands of an extremely well-educated americans who aren't in their educated fields due to this globalization process of the past decade. I know at least a dozen engineers of various fields who can't get work because they are either overly skilled commanding far more than visa counterpart or they are rusty in their skillsets because it was too easy to downsize in the states and upsize in India since 1998.

    105. Re:...because H1Bs are forms, not people by Maxo-Texas · · Score: 1

      However, in the 20 years I've been in the market, I've been told over and over and over and (well you get the idea) that *NO ONE* is irreplaceable.

      Businesses fire irreplaceable people all the time and train up new people who do just as well in a few years in many cases and in those cases where the business was wrong.. they STILL do not admit it. And it's usually only about 20% of the time. 80% of the time Mr. or Ms. or Mrs. irreplaceable is very replaceable.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    106. Re:...because H1Bs are forms, not people by Maxo-Texas · · Score: 1

      Oh I totally agree with you on the population issue. It kills us in about 35 to 50 years. It kills us in a very ugly way.

      But for now, we have plenty of resources if 15 people didn't have enough wealth to feed everyone else in the world 3 square meals a day.

      It's an atrocity that children starve while Rowling has a billion dollars and Gates is a multi-billionaire and there are 15-20 people like this in every country on earth now and they basically own the government.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    107. Re:...because H1Bs are forms, not people by E++99 · · Score: 1

      You may be screwed, but that's the free market. Protectionism is never a good thing in the long run. What these companies SHOULD be able to do is fire the over-paid American workers and keep the workers that are the better bargain. That is, if Congress has any interest in letting American companies be competitive and profitable again. Once a country's workers start relying on laws to guarantee their livelihood rather than relying on the value they bring to the market, that country is screwed.

    108. Re:...because H1Bs are forms, not people by Malc · · Score: 1

      Not true. You think their home country will provide them with unemployment benefits? You think they'll be able to start a new lease on a home without a job? All that time paying Social Security, etc in the US, and US income taxes etc, benefitting other unemployed Americans, and they will get nothing in return. Great attitude.

    109. Re:...because H1Bs are forms, not people by mlwmohawk · · Score: 1

      You still don't get it, it's a way to drain talented resources from other countries and bring them into the USA.

      You sound like former president Bush on Iraq. Once someone figures out one argument is bogus, you throw up a new argument to obfuscate the issue.

      In the end it benefits our country and hurts other countries.

      Your argument works from the false premise that there is a scarcity of skilled human resources. This is, of course, completely false. ESPECIALLY in an economic decline.

      The majority of people who come here on H1Bs are very intelligent, and that is one of the reasons the USA has done so well, it attracts the most intelligent people from the world.

      I disagree 100% The H1B visa program is not a green card nor is it naturalized citizenship. I agree that immigration is basically a good thing for the U.S.A. but the H1B visa program is *NOT* intended as a replacement for the naturalization process.

      The H1B program reduces the prevailing wage, creates an easily exploited migrant worker class, and is increasing current unemployment rate.

    110. Re:...because H1Bs are forms, not people by maxume · · Score: 1

      I'm not sure that is the right way to look at it. I agree that people who
      have concentrated extreme amounts of wealth represent economic
      inefficiency, but I don't think it is obvious or necessary that a system
      without those inefficiencies would be better (I believe that it would have
      other, more troublesome inefficiencies).

      In terms of GDP, by far, most of it gets consumed; currently, global GDP is
      in excess of 50 trillion dollars, and even the most obscene concentrator of
      that wealth has captured less than 0.2% of it (that's comparing lifetime
      concentration of wealth to annual GDP!). I suppose that taken as a group,
      the very richest have concentrated some significant portion of annual GDP,
      but how much of that is paper wealth (The market value of things like
      real estate and art cannot readily be translated into food, at least not by
      society in general; given a private buyer, they are directly translatable,
      but society can only take the wealth from either the buyer or seller, it can't
      come from both...), and how much of it is actual wealth that can be
      transformed into net productivity?

      On some level, if Bill Gates having 50 billion dollars is obscene, then so
      is drinking milk or eating a steak, and I like my steak.

      --
      Nerd rage is the funniest rage.
    111. Re:...because H1Bs are forms, not people by teknopurge · · Score: 1

      They are not exactly rocket scientists. I've worked with many H1B workers and, to be blunt, they aren't anything special. Most of them I compare to people a few years out of college, only these workers are in their mid to late 30s. I've found that many are good at repetition or something they get form an O'Riely book , but ask them to figure a complex situation out or develop a system on their own and productivity slows to a crawl.

      Again, no troll, just my observations from 10 years doing system development.(java, web, C, architecture, etc.) Most of them are very nice people to work with. From the conversations I've had with them, the opinion I've formed is that their higher education systems, particularly in India, are much different in terms of content then they are in places like the UK or here in the US.

      Regards,

    112. Re:...because H1Bs are forms, not people by bsane · · Score: 1

      Yo AC,

      Get your facts right before you post your comments.

      Feel free to point out any facts I got wrong. You haven't yet, and I'm not psychic.

      1) If some american corporation starts a development site in India then people make a big deal out of it.

      2) But if the same american corporation starts a manufacturing unit in "Ireland" then 'No one' talks about it.

      Let me know when your willing to discuss apples to apples (in case your not aware, low paying factory jobs != software development).

      Let me tell you something pal - All the senators/lawmakers are either Jewish or Irish.

      Right... Its all a big conspiricy to help out Ireland. We're just sticking it to the British because we're still mad they burned the White House. Want to make a guess of the value of jobs either exported to India or done by Indian H1 holders vs the same for the Ireland? (Using your two example countries)

      Also when folks from Ireland come to work here they can apply for green-card.

      Other than two exceptions every 'guest worker' I've known was in the process of getting their green card, regardless of their country of origin. One of the exceptions? Irish. He's the only Irish 'guest worker' I know, and he was kicked out.

      Hmmmm... if memory serves me right Mr Kennedy even had an Irish quota for 'green-card' in Boston for years!

      Nothing would surprise me about Mr. Kennedy.

      I'm beginning to wonder where your hardon for the Irish comes from. Are you from Belfast? :-) FTR My geneology does trace back to Europe, but no Irish associations that I'm aware of.

      Sorry for being so curt :(

      Not a problem, just try to be right next time.

    113. Re:...because H1Bs are forms, not people by mattwarden · · Score: 1

      You're missing the point. These people are employed currently in particular roles with particular knowledge. It's amazing that the same people here will laugh at management who take actions that imply that all resources are interchangeable and created equal and then will turn around and do the same damn thing when it comes to protectionist BS like this.

    114. Re:...because H1Bs are forms, not people by mattwarden · · Score: 1

      Most of my international coworker friends were educated in America and paid out-of-state tuition, whereas my tuition was highly subsidized by the Ohio taxpayers and generous scholarship donors.

    115. Re:...because H1Bs are forms, not people by pyrbrand · · Score: 1

      Sounds like your company had either a very poor or no interview process. That's not the case with Microsoft.

    116. Re:...because H1Bs are forms, not people by pyrbrand · · Score: 1

      I'm going to go out on a limb and say there is no software engineer working as a full time employee at Microsoft making only $30k a year.

    117. Re:...because H1Bs are forms, not people by nyvalbanat · · Score: 1

      Anyway, it's a mess, but if the US simply enforced the law, particularly the "equal pay" part, the problem would go away.

      Are you sure? The only way to find out the fair wage for visa-holders is to give them equal access to the market. Instead, they are stuck with the same company for years, knowing that losing that one job could mean a one-way ticket back. THere's really not much to enforce.

      --
      Ubuntu on primary work desktop since Dapper Drake (2006).
  5. 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 Anonymous Coward · · Score: 1, Insightful

      Can't you just write some code for the Linux kernel or something? You don't need to go hat-in-hand to some faceless HR douchebag begging for a few scraps to do that.

      On a side note, I just hate recruiters. They all ask the same stupid questions, sometimes even the same question multiple ways in the same interview. One of these cunts called me fishing for a reference for a prospective hire that I worked with 5+ years ago and he must've asked me 5 different ways what the hire's strengths and weaknesses were. I just gave him the same answer 5 times. These guys are nothing more than self-inflated gatekeepers. They do the paperwork version of flipping burgers, read a few fluff pieces on yahoo.com about how to hire new staff, and then proceed to ask you the same question 5 ways. Get over yourself, dude. Recruiter jobs are about as difficult to fill (and just as soul-crushing) as sales jobs.

      Technical sales - now there's a terrible job if there ever was one. Can you imagine wading through 4+ years of Calculus, only to be told by your employer that you'll be selling widgets for the rest of your miserable days, and that if your numbers don't improve every year then you're gone? I think I'd really struggle to find a reason to go on at that point.

    2. 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"
    3. Re:This is Major Tom to ground control. . . by M1rth · · Score: 2, Interesting

      Bullshit.

      "Those you want to hire" for a skilled job, have responsibilities (family, mortgage, student loans, etc) that mean they can't work for the shit wages that you can pay to an H1-B holder.

      Both the Republicans and Democrats are to blame for this, by the way. Democrats got us into the whole "free trade" bullshit (GATT/WTO/NAFTA/etc) that made it far cheaper for businesses to relocate overseas AND made it easier for big "multinational" corporations to snap up US companies. Republicans pushed economic policies that encouraged more and more big companies to snap up the smaller ones - look at how many companies "Altria group" owns for example, and refused to properly protect and secure our border even when American was screaming for it do be done (gee, thanks Prez Shrub). The result? Former "entry level" jobs (within $1-2 of minimum wage, etc) that used to be done by highschoolers/college kids to work their way up have all been taken over by semipermanent, paid-under-the-table-for-half-minimum-wage illegals and higher-level jobs (except for really high "management" elite) are constantly getting benefits cut and wages sliced (or at least not nearly keeping up with inflation).

      Seriously, look at the situation.

      On the one hand, you have an American worker, who's got student loans to pay back, who has a social life in America, probably a family and kids.

      On the other hand, you have a H1-B holder who has no family, no kids, no significant roots, and thus not only can be paid $20k or more less than the American, but can also more easily be made to work 60-80 hour weeks of unpaid overtime because nobody will tell him he's being abused and is less likely to go to the authorities about it or the courts because if he loses the job, he loses the visa too.

      I know people in several large companies that see the job rolls, interview people, send in recommendations, and then watch perfectly qualified American applicants get passed over for yet another H1-B every day.

      --
      If you can read this sig, congratulations, you have your glasses on!
    4. Re:This is Major Tom to ground control. . . by Skuld-Chan · · Score: 2, Interesting

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

      Having a hard time wrapping my head around this one.

      Interesting to see the manager mind at work here though. Wouldn't it make sense to hire the person with the correct skillset? You know - like actually read resumes, and talk to people and make decisions based on that?

      I send my resume off to apply for various jobs, but I highly doubt anyone even reads it. They probably just look at how well I filled out the application, or if I spelled everything properly.

      People automatically assume "Chinese or Indian = Brilliant worker we can hire for 20-35k a year" - H1B or not - and since most of these companies have hundreds of open req's in India they'll take whatever they can get.

      Its an economic miracle if true - and I think we should be wary of anyone who thinks otherwise.

    5. Re:This is Major Tom to ground control. . . by aaarrrgggh · · Score: 3, Insightful

      Oh Bullshit! I own a small engineering firm and have interviewed over 40 people in the past 12 months. Made offers to about five, and hired three. Still have about five unfilled positions.

      We contemplated hiring a few H1Bs, because those were the only people that responded to us through Monster (well, other than recruiters wanting 30% first year salary). Some were actually citizens or Canadians, but all of the same ilk-- will work for anything, but difficult to divine what skills they really had.

      As for the 87% of remaining candidates, they were awful. Send a freaking thank-you letter! Research the company in advance! Understand what they do and how you think you might fit in.

      As for the Entitlement Generation-- you better get over it quick. Hoping to make 10% more starting than last year's graduates isn't a very logical strategy. Figure out what you need to make starting to survive, and work up from there. If you are as good as you think you are then you will get rewarded in time... and you will gain valuable experience.

      As for firing H1Bs first, that is just the dumbest, most protectionist idea ever. You need to keep the people with the best value when you are cutting back, independent of national origin. Since many H1Bs are underpaid, they do have an advantage on the denominator but not necessarily on the numerator.

      Granting new H1Bs now is pretty stupid politically, but doesn't make much of a difference in the real world. Deny them to companies that are laying people off or to the independent contractor job shops, but keep the only viable immigration option for talented people that actually want to move here open!

    6. Re:This is Major Tom to ground control. . . by Timothy+Brownawell · · Score: 1

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

      Having a hard time wrapping my head around this one.

      "Those that you want to hire are not hirable" -- anyone good already has a nice job.

      "those that are hirable you don't want" -- everyone looking for work doesn't know shit.

      Interesting to see the manager mind at work here though. Wouldn't it make sense to hire the person with the correct skillset? You know - like actually read resumes, and talk to people and make decisions based on that?

      90% of everything is crap, so right from the start only 1 in 10 will be any good. Then consider that that 1 in 10 who is good won't get fired and will be more downsize-resistant, so maybe they're 10 times less likely to be looking for work. Then consider that when they do look for work, they won't have to apply to as many places, perhaps they apply to two or three jobs instead of 20 or 30. So you'll have to go through maybe 1,000 applications to find someone good. How does this compare to the number of applications you normally get for an open position?

    7. Re:This is Major Tom to ground control. . . by Bryan+Ischo · · Score: 1

      I think you'd find that most reasonable and intelligent Americans would agree with you on every point you have made (except about the French; I've never worked in France so I don't know if your characterization is accurate, but I'll take your word for it). It does suck for you to be put in such a precarious position, where losing your job would be much, MUCH more personally costly to you than it would be to a citizen or green card holder.

      However, I'm betting that just about every other country in the world has similar policies. I know that here in NZ it is the same, you cannot be hired as a foreign employee unless the company can demonstrate that there is no domestic employee available for the job. H1B is an American program to make the same process easier in the USA but "balanced" wih conditions that make it harder for people who come on such a work visa to stay once the job is no longer there for them. I guess the idea is that if the only reason you let the person in is to work, and they can't work, then they can't stay.

      And I'm sure that those on H1B know this ahead of time, and ought to be able to plan for it - don't even come unless you've got enough savings to tide you over and get you and your family back home if you lose your job.

      Anyway, like I said, the policies in the USA on this sort of thing are probably very similar to those of other countries around the world. I can't see any country being non-protectionist about their jobs, it's just a question of how many pragmatic exceptions the country allows, and I think the USA probably does pretty well there.
       

    8. Re:This is Major Tom to ground control. . . by M1rth · · Score: 1

      Part of the ridiculous bullshit is the swinging of the US media leftward, too.

      On the classic scale, "Left" = Open Borders: "Right" = Isolationism. The "Center" is the home of reasonable restrictions and policy on immigration (taking in only as many as can reasonably be absorbed, knowing who is entering your country with security of the borders, tuning your immigration to the jobs that need filling).

      The US media, meanwhile, paints anything but woo-hoo racist/socialist "Open Borders Yay" nutjobbism as "hateful" because they're no longer even remotely objective.

      --
      If you can read this sig, congratulations, you have your glasses on!
    9. Re:This is Major Tom to ground control. . . by miguel · · Score: 2, Insightful

      It is worth pointing out that the real problem is not really the democrats or the republicans but with the system that has allowed anyone with deep enough pockets to make government do whatever they want.

      The NAFTA agreement was not really aimed at helping any of the people in the three participating countries, NAFTA was always designed to help the big corporations reduce their cost of operations. At the same time, NAFTA contained enough provisions that it undid a number of constitutional guarantees and local laws (at least for Mexico it did) and new trade courts ended up having more power than national courts for any trade dispute.

    10. Re:This is Major Tom to ground control. . . by rnswebx · · Score: 1

      If it's so bad, then why bother taking the H1-B in the first place?

    11. Re:This is Major Tom to ground control. . . by aaarrrgggh · · Score: 1

      Interesting point. Personally, the thank-you letters from a good candidate give me a warm fuzzy feeling that they are serious. One of my partners will rule people out for not giving them. Often they sound far too desperate, but a nice, concise letter written within 24 hours of an interview really goes far.

      I'll thank you when I get something from you.

      That is exactly what I mean by the entitlement generation. The issue is creating a point of mutual benefit. When the benefit goes all to one party, the balance is off and a healthy engagement is not possible.

    12. Re:This is Major Tom to ground control. . . by mahadiga · · Score: 1

      Employers prefer to hire Wage Slaves. http://en.wikipedia.org/wiki/Wage_slavery

      --
      I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
    13. Re:This is Major Tom to ground control. . . by rachit · · Score: 1

      Use your networks. Seriously.

      It increases your chances manyfold if you get referred to by someone in the company.

      Also speaking from the other side of the fence, most of the great hires we've had had been referrals, and *all* of the "bad" hires we've had were through digging the usual dice / monster / recruiter resumes.

    14. Re:This is Major Tom to ground control. . . by plasmacutter · · Score: 1

      "those that are hirable you don't want" -- everyone looking for work doesn't know shit.

      Oh really?!

      How about a novel idea: train your labor

      Nobody can learn "shit" when nobody wants to hire and train them, and people who are new entrants to the workforce are, for the most part, competent and diligent.

      That's right, there are hundreds of new grads with adaptable minds hungry for experience, hungry to pay off their loans and used to eating cardboard and living in a closet.

      Hire them for 30k, train them, and allow them to earn raises as they pick up the ins and outs of your specific firm.

      Your wife's mentality is one of the major reasons we're having so many problems. When nobody wants to train their workforce and demands 'canned' labor, you end up with TONS of capable people left out.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    15. Re:This is Major Tom to ground control. . . by mattwarden · · Score: 1

      So you believe the H1-B visa holder should be removed from his/her position and you should be hired in place? I'm trying to figure out what you're actually saying here, and that's the only thing I can figure you're saying.

  6. What a joke by WindBourne · · Score: 1, Interesting

    The H1B's that are here are pretty bright. More importantly, the ppl being let go, many be just OK. In the end, MS will start hiring overseas anyhow. Watch what happens with the MSFS group. Just laid off. I am betting that they will hire in CHina for a whole new team.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  7. I think it will help by moteyalpha · · Score: 2, Funny

    All those laid off workers can help with Open Source development while they're on unemployment. It sounds like a win to me.

    1. Re:I think it will help by andereandre · · Score: 1

      Humor? Good advice! If you can make it there ...

    2. Re:I think it will help by QuasiEvil · · Score: 1

      Actually it's not a bad suggestion. Take it as an opportunity to keep your mind and skills sharp between jobs, plus a chance to build things you can show off to prospective employers.

      I know it worked for me. A few projects I built and contributed to on the side in college are what landed me my current job a decade ago. It set me apart from the other applicants, and proved that I was self-motivated and was genuinely interested in what I was doing (ie, not just a code whore).

    3. Re:I think it will help by Erikderzweite · · Score: 1

      A sound advice indeed. By contributing to Open Source project you add experience to your c.v. *while* searching for a job. Besides, a coder needs constant practice to stay in form.

  8. What's the point? by ANCOVA · · Score: 2, Interesting

    Let's be clear here. We are talking about H1B program, not outsourcing. Companies outsource entire department to save costs, because they can pay less to equivalent workers overseas. On the other hand, when sponsoring a H1B visa, the employer has to show that the guest worker gets the prevailing wage, on par with all the "similarly qualified" U.S. citizens in the same business. On top of that, the government increases the application fee every now and then to make it costlier to hire H1B workers. In general, it's actually more expensive and difficult to hire a truly qualified H1B employee. Nobody would hire a permanent employee holding H1B visa unless they can't find anyone else equally competent. If anything they've probably already prioritized the H1B holders in their layoff plan, because it makes business sense.

    1. Re:What's the point? by thetoadwarrior · · Score: 1

      And the government knows what makes a good programmer?

      No, the company has to prove that no American is available to do the job or wants it. That's not necessarily proving that the foreign person is better. Hence the reason companies will advertise impossible jobs to ensure no one will take it on.

      As far as the cost of the visa, the company will likely pay them less and it balances out or, it's not unusual for the company to have the employee pay the cost of the visa which means it costs the company nothing but a little of their time advertising fake jobs.

    2. Re:What's the point? by Skuld-Chan · · Score: 1


      Let's be clear here. We are talking about H1B program, not outsourcing. Companies outsource entire department to save costs, because they can pay less to equivalent workers overseas. On the other hand, when sponsoring a H1B visa, the employer has to show that the guest worker gets the prevailing wage, on par with all the "similarly qualified" U.S. citizens in the same business. On top of that, the government increases the application fee every now and then to make it costlier to hire H1B workers. In general, it's actually more expensive and difficult to hire a truly qualified H1B employee. Nobody would hire a permanent employee holding H1B visa unless they can't find anyone else equally competent. If anything they've probably already prioritized the H1B holders in their layoff plan, because it makes business sense.

      Companies that manage by visio and spreadsheets (and Microsoft is one of these) never take into account the true costs of doing business.

      My experience is H1B visa employees are a mixed bag. They seem to hire whoever they can find immediately with minimal interview process or background check. I couldn't tell you if they were paid the "prevailing wage", but I suspect its generally lower than a local engineer.

      Also - on outsourcing - H1B's are like virtual oursourcing. I've really never seen it save all that much. I remember we were outsourcing all our support and it was still costing 75 dollars per call - which worked out to something like 300$ per hour (assuming each call is around 15 minutes) and they did a half arsed job which required a bunch of regular employees to clean up constantly.

  9. They will not by WindBourne · · Score: 4, Insightful

    They are all simply hiring elsewhere.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:They will not by NicknamesAreStupid · · Score: 2, Interesting

      It is true, these companies are only American in name, as the majority of their workforces are located overseas. They could easily adopt the pharmaceutical model of moving their taxable income there too. Frankly, I do not understand why they have not done so. Could it be patriotism?

    2. Re:They will not by Spaseboy · · Score: 1

      I think it's mainly that the US has the least amount of restrictions while offering the most amount of protection to a company. The old price/performance argument.

      --
      "I don't want more choice, I just want nicer things!"
      -Jennifer Saunders as Edina Monsoon
  10. H1Bs are wrong by mlwmohawk · · Score: 5, Insightful

    The "guest worker" program is nothing more than a gift to large corporations to get cheap labor that is almost an "indentured servant."

    Seriously, what employer wouldn't want to be in the position to employ reasonably killed labor that *HAS* to work to to say in the country. They are a lot easier to intimidate. They can't raise labor issues for fear of having to leave the country.

    H1Bs come to the US. Work for less than the prevailing wage. Are not "citizens" and do not have the same rights. Can be easily intimidated: "Don't want to work on the week-end without pay? Your fired, now go back to your own country."

    Then if they lose their jobs, not only do they have to leave, but they have to pay to leave. Lose their last month's security deposit on their apartment because they have to break the lease.

    H1Bs reduce the prevailing wage, exploit foreigners, and are generally bad policy for middle class.

    As for Microsoft, or any employer, *all* H1Bs should be dispensed with *before* any american gets laid off.

    1. Re:H1Bs are wrong by TheMonkeyhouse · · Score: 1

      i think you are thinking of abuses of the H1B program.

      as with any program there are people who take advantage of the situation and of other people and bend the rules, but that is not he general case that i have come across, or at least wasn't when i was on my H1B (from Scotland).

      i knew doctors and physicists and other engineers etc, all of whom were highly skilled and well paid for moving to the US and it was not even close to the situation you describe.

      However, i do see the trend to use the H1B to complement or as a an alternative to outsourcing by bringing cheap workers in IT from a specific country (or 2) to the US and treating them as you describe. This must not be taken as a general rule as to how the H1B program works and is handled.

      I agree that this has to stop.

    2. Re:H1Bs are wrong by mbone · · Score: 3, Funny

      Seriously, what employer wouldn't want to be in the position to employ reasonably killed labor that *HAS* to work...

      In my experience the dead do not work whether they need to or not.

    3. Re:H1Bs are wrong by bahbar · · Score: 5, Insightful

      Funny, during my H1b days, I always thought I was paid at least as much as my colleagues. I went through my company closing, and had support of everybody around me. I worked for 3 different companies in 5 years (a couple of big ones), and never once was felt pressured as an H1B. What do I know, maybe I am the exception?

    4. Re:H1Bs are wrong by cOdEgUru · · Score: 2, Insightful

      Yes, that will teach them!!! Err.. wait, who are we punishing again? The employers who will merely outsource the whole division or to the families of those H1-Bs who just got laid off. Or do we care?

      The concept of a global workforce is not one that goes away as the global economic tail winds shift. Regardless of whether politicians all of a sudden grow a conscience or not.

      I am on an H1-B. I have been here for the last 9 years, and though I have seen poverty that is far more dire than that around me currently, I am not insulated against what goes on around the country. People who were paid 50k before are pizza delivery guys now, the shame that comes with the inability to afford the basic necessities for your kids, plays all across communities around the country.

      But how do you ever plan to make all of them right, by getting rid of all the immigrant families here now?

    5. Re:H1Bs are wrong by Anonymous Coward · · Score: 2, Insightful

      As an H1B worker myself, I have a few comments to offer. Although I'm sure there must be some abuse on all sides, after all we are all humans,

      1) I don't work for less than the prevailing wage. In fact both I and my employer must prove that's not the case each renewal cycle. Contrary to most people, my wages are a matter of public record and any of my colleagues or anyone who has ever applied to a similar position in my company can challenge that at any time. If they can prove I work for less than the prevailing wage, I'll be fired;

      2) it is certainly true that I have a little bit more incentive to work hard and not lose my job, because if I do than I have to move. To move to a different country. Have you ever done that? It's a pain. It's very inconvenient -- no to mention very disruptive to my son, who was born in this country and to whom growing up American is all he has ever known all his life. However being able to show years of experience working at a top-notch American company along with all the promotions and commendations I have earned while doing that will find me a good job almost immediately in my home country. Heck, I already had a very good job there before I was hired into this one. This job and the wages it pays are not the reasons why I decided to become a guest worker in America. My admiration for this country, its people, ideals, culture and society have been more important to me. A desire to contribute to this society is what keeps me here. We all know we don't get to pick our parents but we do pick our spouses (well most of us anyway). Similarly, you don't get to pick where you're born but you certainly get to pick your alliances and who you admire.

      I can't stress this enough: please understand H1B workers tend to be highly successful in their countries of origin. You can't compare dollar amounts alone when making this decision, you must compare quality of life. It really doesn't matter that I do twice the dollar amount at my current job. I have exactly the same quality of life I was used to. The things I can afford and the quality of life I can provide for my family are not that different. If it came down to money alone, it would be a poor financial decision to sell your stuff, say good bye to all your friends and relocate to a different continent only to start over again, this time with no safety net. To put it bluntly, we're not desperate destitute illiterates who will risk crossing the border at night for a few pennies.

      3) I have never felt like an indentured worker. I am treated very well by my company, I make just as much money as everybody else in my position, I have the same perks, health care and fringe benefits. Sometimes I get picked for a promotion or raise, sometimes somebody else gets picked instead. I like to think I'm treated well by my company because I'm a good investment. I don't want to be measured by any other system.

      4) If you must rely on the accident of your place of birth to obtain or retain a job, all that tells me is that you are probably not very good at it. In my experience, competent hard-working people will take care of themselves in any country you care to mention, under any economy you can think of.

      Finally, I'm a guest in this country now but that doesn't stop me from expanding my network and getting to know, understand and respect people. If I'm forced to leave, next time I need to hire in my hypothetical future job I might as well sponsor some current American colleague whom I've grown to admire for the quality of his/her work. The US will then have lost not one, but two skilled workers. Despite all the talk I know this country is smarter than that.

    6. Re:H1Bs are wrong by drsquare · · Score: 2, Insightful

      As for Microsoft, or any employer, *all* H1Bs should be dispensed with *before* any american gets laid off.

      That assumes that all workers are seamlessly interchangeable. Let's suppose you have 5,000 H1Bs doing complicated work on the kernel of Windows 7. Then you have 5,000 Americans inventing catchphrases for the talking paperclip. If MS decide to cut costs my abolishing the paperclip division, they can't move those workers over to the H1B work because they're just not qualified for it.

    7. Re:H1Bs are wrong by jacobsm · · Score: 1

      It's off topic and I know it will never happen but when a company has to resort to layoffs the entire management team, starting with the CEO, should be fired loosing any performance bonuses, termination pay,... If the company has such issues that require massive layoffs then the managers failed and should be shown the door just like the other poor slobs.

    8. Re:H1Bs are wrong by sledge_hmmer · · Score: 3, Insightful

      Being an H1-B that works for a Fortune 500 non-IT company, I have to second your comment. I get paid on par with my colleagues and even right now with our business being severely affected, I have not faced a single incident of intimidation tactics to make me work harder.

      From all the comments I have read on /. when H1-B related articles come up, it seems like the IT industry in particular has problems with H1Bs being hired at lower wages and being underqualified. If I recall correctly, companies like Tata Consultancy, Wipro and Infosys are some of the largest users of H1B quotas and they primarily bring in people from India.

      Maybe I am biased since I did my university education in the US, but I believe the H1B program needs to be restructured to give preference to US educated applicants over others. This will keep the country from losing talent that wants to stay and also help towards removing wage depression.

    9. Re:H1Bs are wrong by Blakey+Rat · · Score: 1

      No, you're not. There's a lot more anti-H1B propaganda out there. For example, by law they can't be paid less than the prevailing wage for their job title-- if his past employer was paying H1B holders less, they were in violation of the law. I can guarantee that Microsoft (the company we're all discussing here) puts H1B holders on the same payscale and benefits program as US employees.

    10. Re:H1Bs are wrong by characterZer0 · · Score: 1

      Or maybe you really were not paid as much as your colleagues.

      --
      Go green: turn off your refrigerator.
    11. Re:H1Bs are wrong by pj1982 · · Score: 1

      Same here... I am on an H1, work for a startup, get paid six figures, and I've seen people fired for being incompetent without regard for work status or citizenship.

    12. Re:H1Bs are wrong by Malc · · Score: 1

      That was my experience on an H1b too.

    13. Re:H1Bs are wrong by mlwmohawk · · Score: 1

      Yes, that will teach them!!! Err.. wait, who are we punishing again?

      Correcting a systemic problem is not necessarily a punitive action. It is unfortunate that real human beings are affected, but that's life sometimes.

      The concept of a global workforce is not one that goes away as the global economic tail winds shift. Regardless of whether politicians all of a sudden grow a conscience or not.

      The concept of a "global workforce" is a race to poverty for the working class.

      I am on an H1-B. I have been here for the last 9 years,

      Then you should get a green card or get out.

      But how do you ever plan to make all of them right, by getting rid of all the immigrant families here now?

      It would be a start.

    14. Re:H1Bs are wrong by mlwmohawk · · Score: 1

      As for Microsoft, or any employer, *all* H1Bs should be dispensed with *before* any american gets laid off. Really? Should they fire all H1b compiler coders before they let go an American office admin?

      Absolutely. They shouldn't be hiring H1Bs at all. There are americans who should be doing the work.

      I experienced, in Massachusetts, a company that will remain nameless, fire (sorry lay off) 20 software engineers and hire 20 H1Bs (through a contracting house) at a lower rate, and of course, we locals have to train the H1Bs.

      It is wrong on every level, and should be criminal.

    15. Re:H1Bs are wrong by mattwarden · · Score: 1

      Thanks for being a typical protectionist and not thinking beyond the 1st step. What do you think will happen when you enact a policy like you prescribe? Do you think MORE or LESS jobs will be sent offshore?

    16. Re:H1Bs are wrong by mattwarden · · Score: 1

      Oh I see. So you understand that increases in the cost of labor due to tax policy drives business offshore, but other causes for higher cost labor do not. Brilliant.

    17. Re:H1Bs are wrong by cOdEgUru · · Score: 1

      I am glad that you have no real say in public policy in this country. And Sir, you are a jackass!

    18. Re:H1Bs are wrong by mlwmohawk · · Score: 1

      I am glad that you have no real say in public policy in this country. And Sir, you are a jackass!

      I'm sorry you feel that way. You say you are here on an H1B visa. How about your country? How easy is it for foreigners to go there and work? How much consideration does your country give its foreign working class? (If it even has one.)

      Wouldn't your country bet better off if you went back home and worked in your industry of choice for your country?

  11. They didn't want to hire American's in the first p by htnmmo · · Score: 5, Informative

    Some of these companies didn't want to hire Americans in the first place according the Programmer's Guild.

    Here's a video showing Immigration Attorney's explaining what companies need to do to get around the laws and hire more H1-Bs.

    Basically, create impossible job descriptions and then go oversees since no American would qualify.

    I've worked with and managed a few H1B programmers. Some where very talented. Some were hired just because they were cheap. They were no better than any random American college grad. They were just cheaper.

    Both the American and foreign born developers worked hard and there were good and bad in both. It all boils down to money.

    Most of these companies depend on American consumers to survive, but if everyone decides American workers are too expensive to hire, they're not going to have American consumers to buy their products and services.

    Here's the video.
    http://www.youtube.com/watch?v=TCbFEgFajGU&feature=channel_page

  12. American protectionism? by JamesRose · · Score: 1

    How come when everything is going alright the free market reigns supreme, but the second peopel are getting laid off the American workers get priority. It seems no one actually considers the workers that aren't from America have had to move from their home to come and take this job- yet they, the ones who actually did make sacrifises should be the first to be thrown over board. If it's really a free market then the fact one worker is foreign and one isn't should have no effect on which one gets fired. In fact all other things being equal the foreign worker is prefered because they've demonstrated how much the job means.

    1. Re:American protectionism? by yumyum · · Score: 1

      How come everyone is focusing on the burden placed on the H1B visa holder moving over here? How does that figure into this discussion? I could easily bring up, with no real merit, the difficulty of US citizens trying to land a job after being laid off. So what? It has no bearing on whether there should be a preference given to H1B holders when layoffs come at a company.

    2. Re:American protectionism? by ScrewMaster · · Score: 1

      How come when everything is going alright the free market reigns supreme, but the second peopel are getting laid off the American workers get priority.

      Um ... because our Federal Government is paid by us, the American citizens, to operate in our best interests, not in the interests of foreign nationals? Does that answer your question? America is not some candy store, even though everyone here who is not American seems to feel entitled to a share in it. It's our country, whether you like that or not, and just like every other nation on Earth, we get to decide under what terms those from other countries get to come here and work, or if they do at all. If you don't like that, go somewhere else.

      Jesus H. Christ do you have a sense of entitlement.

      --
      The higher the technology, the sharper that two-edged sword.
  13. Ballmer to Grassley... by oDDmON+oUT · · Score: 1

    "Quit rocking our boat, or we'll take our toys and go home."

    At least he's not throwing things this time.

    --
    Some days it's just not worth
    chewing through my restraints.
  14. Republicans are typically pro-American by Anonymous Coward · · Score: 1, Insightful

    Take for instance Bill Clinton pushed and signed NAFTA. Outsourcing was BIG under the Clinton administration.
    Where are all the folks who worked under the Clinton administration? Oh yes, working for Obama.

    1. Re:Republicans are typically pro-American by Stew+Gots · · Score: 3, Insightful

      Outsourcing was BIG under the Clinton administration.

      You are right about Clinton. The jury is still out on Obama.

      Let's remember that Clinton was THE poster boy for the Democratic Leadership Council, the corporate propaganda outlet of the Democratic Party. This group is largely responsible for there being no real difference between parties when it comes corporate influence on policy and legislation. They wanted to get a piece of the corporate gravy train and they sold their souls to get it.

      The future? Well, did you discern any difference between the number of private corporate parties given at the Democratic versus Republican conventions? I didn't. Do we think that $175 million of largely corporate money for the inauguration will be free? Regardless of much integrity Obama may have, it is hard to ignore that kind of pressure. Telecom immunity, anyone?

    2. Re:Republicans are typically pro-American by Haeleth · · Score: 2, Interesting

      "Pro-American"? What is that even supposed to mean? Are you suggesting that all Democrats are anti-American and enter politics with the sworn goal of destroying the USA?

      It's not a question of being for or against America or Americans. Both sides want America to be a strong and prosperous nation. The difference is in how they think that will be achieved. Do you focus on the very real needs of individual Americans, with the possible consequence of lengthening the economic troubles -- or do you try to strengthen American companies (possibly at the cost of American jobs in the short term) in order to get the economy back on track, at which point the employment market will improve for everyone?

      It's an interesting question, and "No more immigration! American jobs for American workers!" is not a useful answer. Drop the jingoistic propaganda bullshit and focus on serious economics, please.

    3. Re:Republicans are typically pro-American by iamacat · · Score: 1

      Do you focus on the very real needs of individual Americans, with the possible consequence of lengthening the economic troubles -- or do you try to strengthen American companies (possibly at the cost of American jobs in the short term) in order to get the economy back on track, at which point the employment market will improve for everyone?

      This questions itself is biased.

      Do we focus on deregulation of American companies so that, even though they will lay off millions of americans now and will probably replace most of these with cheaper labor oversees when the economy is back on track? Or do we make sure that, whatever jobs are still there to be done in a recession, americans get a realistic chance to bid on them?

      In any case, H1Bs are neutral, if not positive in their effect on the job market. Government mandates prevailing wages are many times what an average american makes. On the other hand, a new immigrant will need to spend more money locally than a long-resident american would - rent/mortgage, new car and furniture, eating out rather than cooking, etc. So even though there will be more competition for programming jobs, there will be many additional chef, car dealer, landlord, etc jobs that would not be there without influx of H1B workers. It's a good bet that some of these businesses will buy american-made software or need IT support, so it is not a given that it would be more difficult to get a tech job after all.

      The picture is much bleaker for outsourcing since there is no guarantee that any of the new jobs will be available in US.

  15. I agree with this move by thetoadwarrior · · Score: 1

    Don't get more wrong I don't think kicking intelligent immigrants out so some lazy American can have a job he can't do right is a wise move.

    However a jobless immigrant goes back home. A jobless American has to get help from the government and becomes a drain on the system because of that and the fact they're not paying taxes.

    So to alleviate the tax burden on those that still have a job in the overly in debt nation it makes sense to ensure as many tax payers and people eligible for government help are working so they are paying taxes and not living off tax payer money.

  16. Visa workers RULE for employers! by Nothing's+on · · Score: 1

    The main issue is MS losing 5,000 jobs for he first time in ever! Naturally the first jobs to go won't be American jobs on American soil!

    As for the Visa workers, they knew full well this day could come and any repercussions were signed for in advance. It's all part of the work Visa and the reason for employing imported people on Visa's...

  17. Re:They didn't want to hire American's in the firs by Penguin+Follower · · Score: 1

    Mod parent up.

  18. Re:Anonymous Coward by darkstar949 · · Score: 5, Insightful

    Actually, I would have to go back and read the way the law is written, but the Senator has a valid point in regards to this situation. You can't really sit there and lay off a large number of technical people and then say that you can find people those same technical skills to do the job and ask to bring in guest workers from out of the country.

    Microsoft might be allowed to layoff who ever they want to, but on the same token the government is able to deny H1B applications from Microsoft as well.

  19. 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.
    1. Re:Be careful what you wish for. by 0xdeadbeef · · Score: 2, Insightful

      The real fault with the H1B program is that it is structured in a way that encourages companies to offshore jobs.

      No, the real fault with the H1B program is that it is nothing more than a scam to undercut the market rate for specialized skills and to depress all salaries by keeping guest workers beholden to their sponsoring corporation.

      Instead of keeping those skilled workers under the gun of deportation, give them green cards, put them on the road to citizenship, and that solves all problems. They are able to shop the market, so salaries aren't depressed. They won't return to their home country, so offshoring is diminished. They bleed competing countries of their best and brightest and push the lowest performers out of our own market, thus making our country as a whole more competitive.

    2. Re:Be careful what you wish for. by thejynxed · · Score: 2, Insightful

      And now that outsourcing issue is starting to bite these giant conglomerates in the ass. These USA-trained IT specialists are starting competing companies back on their home turf and elsewhere, poaching prospective H1-B employees right from under the noses of IBM, MS, Apple, etc. I've personally met people (some of them with PhD's) who have decided to return home to either start their own competing companies or to go work for a company back on their home turf. Many of them because of the way they were treated here as employees and because the salaries they would earn back home would let them live like kings and take care of their extended families. They stuck around long enough to gain extra education and training/job experience and now they are gone.

      It's why places like Bangalore and Mumbai are growing so rapidly compared to even ten years ago. The companies and employees there are catching up to the rest of the world very rapidly (and in some cases surpassing them, UK for example), and selling their services to countries we probably wouldn't. They can undercut any pricing offered by US or European companies, and even Chinese and Russian companies have been taking them up on the offer, where previously they only wanted to deal with US and European tech companies.

      The H1-B program needs more carrot for the employees, and less stick if you ask me. Give them more incentive to keep their skills in-country, instead of taking off back home (ex. stop threatening to revoke their work visas over trifling shit, like changing addresses). If they pass security checks and everything else that goes along with it, keep them here, period. If anything, the corporate side needs more stick, and a good whacking with it. Stricter job advertisement rules, quotas, oversight, etc are all a good start.

      Quite frankly, we aren't in a position to keep kicking them out, especially when it comes to engineers, doctors, and mathematicians. Anyone saying otherwise has lost touch with the reality of our situation.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  20. How about... by Hurricane78 · · Score: 4, Insightful

    ...keeping those people that are the most competent?

    Makes more sense than keeping incompetent lazy Americans or incompetent lazy foreigners.

    Oh well... why do I expect business decisions of a big company to make sense?

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
    1. Re:How about... by Savior_on_a_Stick · · Score: 2, Insightful

      Non compete clauses are generally unenforceable.

      There are high profile exceptions to that, but for most of us, it's safe to ignore them.

      They tend to be extremely one sided, and rarely go to court for that reason.

    2. Re:How about... by Dhalka226 · · Score: 1

      It should be about competency, but in reality it's about some mythical measure of (competency / salary), which actually isn't entirely unreasonable. However, since it's difficult and near impossible to measure competency in a precise way, that will tend to be boiled down to just the salary part, unless the discrepancy between the competencies are outrageous (and sometimes even then).

      Since the reality is also that H1-B workers are mostly about cheaper labor and much less about filling some need the company just can't fill at home, the end result will be as we're seeing: Overwhelmingly, the H1-B workers stay and the American workers go.

      Good? Bad? *shrugs* Definitely against the spirit of the system, though. It wasn't meant to be a source of cheap labor, it was meant to be a source to fill positions companies couldn't fill domestically. At least ostensibly.

    3. Re:How about... by adf92343414 · · Score: 1

      Whoa there, partner. In California, you are correct. In other states, your mileage may vary.

    4. Re:How about... by Hurricane78 · · Score: 1

      You seem to entirely miss my point, that it does not matter where the incompetent and lazy persons came from, and that every country has them.

      The one with the prejudice is you!

      Or... oh wait... you're just a troll, and this is your all-day-high, because your life is so sad and lonely, and you only have anger inside you because nobody in the real world ever cares for you. And even on the net, you still have to troll very hard, to at least get back some anger, because this is the only reaction you ever get. The only love you ever get... is hate.... How sad is that. :\
      Please go find a real good friend, if you have one left, and work this stuff up. If you do not have one, find a certain Paul Vereshack in Canada. He's worth is. Because this will be the only way to ever get real happiness again.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  21. Preferential Economics by Ralish · · Score: 5, Insightful

    I always twitch when I read these stories, because I always see it as hypocrisy and double-standards.

    You constantly hear about free market economics, capitalism, the global economy, etc... from America, but what it really boils down to as always is supporting the above ideals when it's good for America, and then moving them to the side when things get tough. It's the age old "America does what is best for America" mantra.

    Microsoft is going to hire and fire the best worker for the job, according to their qualifications; nationality and citizenship should be entirely irrelevant. Not only does this make sense ethically, it makes sense economically (from a corporate perspective). Why hire an inferior worker who holds citizenship when I can hire 'x' H-1B worker who is superior (and, make more money as a result)? Making money is what drives companies.

    When you're willing to advocate preferential treatment for an American citizen not because they are better equipped to do the job but purely because they are an American, you're throwing away your ideals of free-markets and global economics. Coming from a republican I find this especially amusing, as it tends to be the republicans that are the strongest advocates of pure-free market economics.

    This is potentially a great move from a PR perspective. Most Americans aren't going to call someone out for taking a position that strengthens their ability to gain employment, but from an ideological perspective, it's flimsy at best.

    Disclaimer: America isn't the only country that does this kind of stuff, but as arguably the most vocal advocate of the above economic philosophies, it's probably the most hypocritical for doing so.

    1. Re:Preferential Economics by Ritchie70 · · Score: 2, Informative

      Background: I am an American. I have usually voted Republican but not always. I am a Senior Programmer/Analyst by title, a development team lead by actual assigned task, at a Fortune 500 company.

      Our company has a mandate to bring in technical consultants people from Patni or HCL. There is no interest in the best and the brightest, or the best for the job; they want the cheap body count. Of the three interviews of Patni folks we've had, two were great and the third couldn't tell me what "static" meant as a C keyword. The bosses would have been fine with any of them - it's just body count to them. In my experience, that's how managers in most big companies think - adequate body count, not best available.

      Wikipedia says the H-1B program...

      ... allows U.S. employers to employ foreign guest workers in specialty occupations. The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor...

      A company would at least claim in public that it brought in the H-1B because it couldn't find an adequate citizen. (To do otherwise would be PR suicide.) If they lay off a citizen employee who could perform the H-1B employee's tasks in an adequate fashion, they now know exactly where to find a citizen employee who can perform that H-1B's tasks.

      However, assuming Wikipedia has it right, that is not, in fact, the rule of law. To quote:

      The DOL's [Strategic Plan http://www.dol.gov/_sec/stratplan/strat_plan_2006-2011.pdf%5D, Fiscal Years 2006-2011 (pg. 35) states: "... H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of the foreign worker."

      But it doesn't seem right to me. In fact, it seems like an area where people who don't like the H-1B program should do some lobbying of their elected representatives.

      Assuming a roughly equally qualified citizen and H-1B are available for a job in the US, I believe the citizen should be given preference. Maybe that makes me protectionist but it seems morally correct. Citizens of a country should have some preferential treatment in that country over non-citizens, including in matters of employment.

      Are there other countries that allow non-citizens to come in to work under such a scheme, specifically allowing them to be employed instead of qualified citizen workers? I really don't know. Someone educate me.

      --
      The preferred solution is to not have a problem.
    2. Re:Preferential Economics by Shados · · Score: 1

      I agree. Both my current supervisors are Indians that came here on H-1B Visas. Both are paid significantly more than the average American in their position. Both are also some of the bests I've ever seen in that particular field (business software development on the backed). Go ahead, replace them with Americans of equivalent qualification. Good fucking luck :)

      When its used the way it SHOULD be, H-1Bs are great tools. Problem is just that most people who use them (both the employers and the employees) are abusing it to hell and beyond.

    3. Re:Preferential Economics by INT_QRK · · Score: 1

      So, when "things get tough" UK doesn't do what is best for Britons? India for Indians? China for Chinese? Russia for Russians? France for French (for god's sake!!!!) Oh, come on!

    4. Re:Preferential Economics by Anonymous Coward · · Score: 1, Interesting

      Because it is not a free market in action; the H1B visa program effectively allows corporations to employ indentured servitude on foreign workers to lower wages for an entire industry. Everybody loses.

    5. Re:Preferential Economics by Ralish · · Score: 1

      Clearly you didn't read my disclaimer.

      A governments job is to do what is best for its citizens, that's the very point of government; a body of people to serve the interests of the greater people (in theory). The problem for me is when a government preaches one thing and then does something different, as above.

      An extreme example would be the whole human rights abuses that have taken place during the "War on Terror(ism)". Allied governments have repeatedly stated their dedication to uphold human rights and to spread such values to other countries, then blatantly violate their own much touted ideals because it is convenient or tempting to do so. It's incredibly hypocritical, as you're saying one thing while taking the moral highground, while doing something in complete contempt of what you are publicly stating.

      This is in my view similar. I'm not complaining because they are trying to protect their citizens, I'm complaining because they are doing something that in my view violates the philosophy they espouse, and will continue to espouse, even if the subject matter the article discusses is pursued.

    6. Re:Preferential Economics by Skuld-Chan · · Score: 1

      Disclaimer: America isn't the only country that does this kind of stuff, but as arguably the most vocal advocate of the above economic philosophies, it's probably the most hypocritical for doing so.

      Yeah but America gave them the opportunity to do what they have done and in my eyes - owe Uncle Sam something.

      America isn't the only country that does this sort of thing, but all of this technology was invented and pioneered here.

    7. Re:Preferential Economics by Ralish · · Score: 1

      owe Uncle Sam something

      You think so? These people are I would wager in many if not most cases working for American companies, making money for American companies, and ultimately, boosting the American economy.

      In the case of this article, we are talking Microsoft, a wholly American company, so the H-1B's working there are directly helping the American economy.

      Frankly, I don't think they owe "Uncle Sam" anything. And, if you won't take them, there's a good chance they'll just go elsewhere, and be a benefit to another nations economy.

      Your last sentence puzzles me and I can't figure out how it is in any way relevant whatsoever.

    8. Re:Preferential Economics by Ritchie70 · · Score: 1

      I don't care about professional sports, so I have no problem with your suggestion.

      I assume that the gentlemen you listed are considered by those who know about such things as superior to others who believe themselves qualified to perform the same task.

      Honestly, I had to look them up to find out who the first two are. I have baseball fans in the house, so I recognized Mr. Pujols. (It's hard not to notice when the tv announcer says the name "Alberto poo holes.")

      In any case, I doubt professional athletes are here under an H-1B visa. Maybe they are, but it seems unlikely.

      --
      The preferred solution is to not have a problem.
    9. Re:Preferential Economics by xenocide2 · · Score: 1

      the third couldn't tell me what "static" meant as a C keyword

      To be fair, it means about a billion different things in context. You might argue that H1-B holders should be of high enough caliber to know all this, but that would of course be at odds with the "cheap body count" idea.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    10. Re:Preferential Economics by rjh · · Score: 1

      Grassley is a fifty-year union man, dating back all the way to when he was working an assembly line as a young man. Why does it surprise you that a solid union man is going to advocate that jobs should go preferentially to American citizens?

      "Coming from a Republican I find this especially amusing..." -- yeah, well. Might help to actually learn about the Republican first, you know?

    11. Re:Preferential Economics by robco74 · · Score: 1

      I would agree except for the fact that most other nations have incredibly strict immigration standards. Getting a work permit for Canada is hard enough, for the UK or Australia it's incredibly difficult. It would be nice if citizenship didn't matter, but it needs to be a two-way street. If the US is expected to accept foreign workers, then other nations need to readily accept Americans who want to live and work abroad. You can never count on people to act ethically. The only thing you can count on a person to do is to act in their own self-interest. When the economy is down and good jobs are scarce, then of course Americans expect their government to look out for them. And not all Americans believe in unrestricted free markets and free trade (fair trade is fine). In any case, the US is probably one of the least protectionist nations when it comes to immigration and labor.

    12. Re:Preferential Economics by Ritchie70 · · Score: 1

      He managed it when applied to a variable within a function.

      We specifically asked him what it means when used on a global variable. He gave the same answer as within a function - it means that it doesn't get re-initialized.

      He also couldn't say what "*" does in a comprehensible fashion. I know, it also means a lot of things. He said something about de-referencing a pointer (in a peculiar way) but when asked if it did anything else, couldn't come up with either pointer declaration or multiplication.

      Both answers sounded like he was reading them from somewhere. He kept using the same words each time we re-asked and didn't seem to be able to go much further.

      It may have been a language barrier instead of a knowledge problem - I have no idea. But the position in question did require communications skills, and he was lacking in either just communication or communication and technical skills.

      I always feel foolish asking these questions - I mean, the three guys all had fantastic resumes. These should have been easy questions. In fact, I usually do apologize for asking, and tell them quite frankly that we need to be sure that their resumes aren't fictional, that it isn't personal, and please don't be insulted.

      Sigh.

      --
      The preferred solution is to not have a problem.
    13. Re:Preferential Economics by FredMenace · · Score: 1

      As has been pointed out above, this is not the issue. The issue is that companies have more leverage over H1B employees than they do over American citizens or green card holders, and hence can get away with paying them less and working them harder. It's clear that such abusive practices occur widely despite being illegal.

      If H1B workers were truly on a level playing field in reality, not just theory, there would be fewer complaints - and I'm sure fewer calls to raise the H1B caps.

    14. Re:Preferential Economics by ScrewMaster · · Score: 1

      It's the age old "America does what is best for America" mantra.

      Which is different from the old "India does what is best for India" mantra or the old "China does what is best for China" mantra. Get over yourself: why do you feel that America should somehow behave in an indescribably selfless manner, with all other nations exempt from this ridiculous pseudo-morality?

      There are few Americans who have any illusions or ideals about a "free market". Most of us see it for what it's always been: a way to increase wealth disparity in this country and eliminate the middle class. That's always been the case, and it's only a couple of errant Presidents and a mindless, bloodsucking Congress that has brought us to this point. So don't hold up some fictional concept of our "ideals", and say that we're hypocritical for not living up to them. That hypocrisy is a mental fabrication on your part. Period. How can you lump an entire nation together and say "we're not living up to our free market ideals"? I mean ... what?

      Furthermore, let me explain another bit of reality to you: our Federal Government is not obligated, in any way, shape, or form, to be "fair" to people of other countries. The fact that you believe it so is just incredible: I guarantee that you do not expect (or want!) your government to be "fair" to outsiders. Unless you're an idiot, you want it to put your needs first because, like us, that's what you pay it for!

      Go back to watching Fox News. It's obviously where you get your knowledge of America from.

      --
      The higher the technology, the sharper that two-edged sword.
    15. Re:Preferential Economics by E++99 · · Score: 1

      Few Republicans these days are "pure free market economics". (I am one of them, however.) There's a certain mystique about America being the land of free markets or something, but it is far from true. We higher corporate taxes than the European average, we have high tariffs, we have one of the world's highest minimum wages, and we have very strong union protection laws. We are, however, home to a lot of great thinkers who believe in free market economics; the Chicago school of economics; Milton Friedman; but we are far down the list when it comes to implementing it.

    16. Re:Preferential Economics by Ralish · · Score: 1

      I think you need to calm down.

      1. The difference between China and India, is they don't pretend they are some global guardian or "world police". Nor do they insist on vocally spreading their ideology to all corners of the globe. I don't exempt any nation from moral judgement, but there is an obvious distinction between a country that does something immoral but keeps mostly to itself, and a country that does something immoral, yet loudly touts doing the opposite at the same time.

      2. I wasn't referring to all Americans, I was referring to the republican in question, and to a limited extent the rest of the republican party. If you think I was making a blanket statement that all Americans are pure free-market capitalists, then you are grossly mistaken, and completely misinterpreted what I wrote. I can only comment on what this particular republican stated, and what past governments have stated. You have a new government now, which I'm very thankful for, and it's clear to me that their economic ideology differs from your prior government, and so, what I said clearly doesn't apply to them, nor is it likely to apply to the bulk of voters who elected your new government.

      3. Many would argue that Federal Governments _DO_ have an obligation to be "fair" and decent to other countries. This is in some cases a legal obligation, but more often a moral obligation. More to the point, you're "guarantee" that I do not expect or want my government to be fair to outsiders is complete and utter bullshit, to put it bluntly, and merely demonstrates the difference in ideology between yourself and me. I'm a humanist, and simply put, I'd rather our government made sacrifices for the greater good of the world in general, than purely advance our own nation with disregard to the greater plight of humanity. If you think that wishing for a government that demonstrates greater compassion and moral responsibility for the world at large makes me an "idiot" so be it, but let me point out, that if that's the case, I pity you.

      For the record, I don't watch Fox News.

    17. Re:Preferential Economics by Ritchie70 · · Score: 1

      You fail too as far as I'm concerned.

      The important thing about "static" in a global sense - because no global variable gets re-initialized - is that its scope is within that file. The linker doesn't see it.

      For our code base, this is very important to understand. We don't really have any static variables within functions of which I am aware. We have a lot of static variables that are global to a file. (This is a very old code base, that originally ran on a 16-bit OS and 80286 processors.)

      We didn't keep repeating the question. We did our best to prod him in the right direction and he wouldn't take the clue. Something very much along the lines of, "OK, that addresses what it means for a variable declared within a function. What about a global variable - one not declared within a function?"

      We kept on it because we didn't believe he'd given an adequate answer, and the interviewers, not the person applying for a position, get to make that determination. We tried to help him answer correctly. As best we could determine, he was incapable of doing so.

      --
      The preferred solution is to not have a problem.
  22. Good luck with that by rlp · · Score: 3, Informative

    Obama has stated that he wants to RAISE the H-1B cap.

    --
    [Insert pithy quote here]
    1. Re:Good luck with that by ScrewMaster · · Score: 1

      He said that along time ago before the economic crisis. get your facts straight. As far as H1-B's they should stop the program entirely.

      Yes, and if it turns out that our tech companies actually can't get enough qualified workers, they'll just have to wait until our schools turn enough of them out. In the meantime, salaries will rise as companies compete for the available talent. Then, if the schools turn out too many, which often happens, salaries will drop until the market finds some way to absorb the extra workers. That was how the cycle has worked for a long, long time, until a few large, sleazy companies thought they found a way around it, and lobbied Congress to implement their "solution." That solution is costing us, though. It's costing them, too, in many ways, but most are so focused on the immediate bottom line that they can't look far enough ahead to see the inevitable consequence of their greed.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Good luck with that by mattwarden · · Score: 1

      Why do you think that is?

  23. Bullshit! by gbutler69 · · Score: 1

    Don't make me laugh!

    --
    Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
  24. Nope by Anonymous Coward · · Score: 1, Interesting

    These companies already pay some of the lowest taxes going. The reason is that we have SO many loopholes. In addition, if they move overseas, it will hurt sales.

    1. Re:Nope by megaditto · · Score: 1

      Yes, a company like Microsoft exporting the non-renewable supply of American bits (0's and 1's) in return only paying a tiny pittance of $5,000,000,000 in taxes (in 2007).

      Those evil corporatings raping America, man...

      --
      Obama likes poor people so much, he wants to make more of them.
  25. Re:H1Bs are fine by gorbachev · · Score: 1

    There you go again with straw man arguments.

    Hiring H1B workers requires the companies to pay prevailing wages. If they not doing so, then they're breaking the law.

    The H1B program does not reduce the prevailing wage. H1B workers do not reduce the prevailing wage.

    Companies who abuse the H1B program and the Government who is failing to adequately oversee their own program are reducing the prevailing wage.

    The H1B program has all the sageguards in place to prevent this. If it's happening it's not the fault of the program or the temporary workers working in this country because of it.

    --
    In Soviet Russia, I ruled you
  26. Re:Republican? - (Reelection) by wfstanle · · Score: 2, Insightful

    Maybe you missed something. At the bottom of the summary, it says that Microsoft it would postpone a data center in his home state. That will cause unemployment in his home state to rise and his hopes of reelection to diminish. It's all about getting reelected. It's never too early to think of your chances the next time you face the voters in a poll, especially if your popularity is waning.

  27. Hopefully by merit, not nationality by PinchDuck · · Score: 1

    I would much rather have a talented H1-B person working on Windows than a mediocre U.S. Citizen.

    1. Re:Hopefully by merit, not nationality by DaMattster · · Score: 1

      No, not at all! There should be some advantages to being a US Citizen ... i.e. being given job preference. Don't judge all US Citizens as mediocre. Are you an H1B?

    2. Re:Hopefully by merit, not nationality by ewilts · · Score: 1

      I would much rather have a talented H1-B person working on Windows than a mediocre U.S. Citizen.

      With that attitude, you'll always have mediocre U.S. citizens. You get better through experience and if you need to retain the Americans, you'll be more likely to train them.

      Disclaimer: I came in to the US on an H1B back in 1997 and now have permanent residency. My company spent a lot of money advertising for my position but nobody would take it. They then went to Canada to get me.

      --
      .../Ed
    3. Re:Hopefully by merit, not nationality by Xuranova · · Score: 1

      Setting aside Anti MS bias. What type of employees do you think MS hires? A mediocore MS employee is probably like saying a C student at Harvard. Relative to the company they keep, ok they're average but as a whole they are probably top tier.

      --
      "There is no real right or wrong, just what the majority accepts at the time."
  28. Stupid argument by yabos · · Score: 4, Insightful

    Why do you think every single H1-B holder is some loser without anyone to care for and has no obligations except to themselves? How do you know if they have family back home they're sending money to? Seriously that's a stupid argument and you're assuming some foreigner is working for less money than a native. From my experience the foreigner will make the same as a native at a company like MS.

    1. Re:Stupid argument by Anonymous Coward · · Score: 1, Insightful

      Why do you think every single H1-B holder is some loser without anyone to care for and has no obligations except to themselves? How do you know if they have family back home they're sending money to?

      Thus completely taking away money that would go to support our local economy. Money that could be used to help American workers not lose jobs. Awesome.

    2. Re:Stupid argument by jdevore · · Score: 1

      Your argument goes the opposite direction also. The native people who are being laid off also have families. The biggest difference is they are citizens and will keep their pay in the US helping our economy and the H-1B visa holder is sending their pay to another country hurting our country.

      We need to help ourselves, our economy, and citizens before we can help others. This includes hiring US citizens or keeping them instead of H-1B visa holders.

  29. Mein Kampf!? by cpscotti · · Score: 2, Insightful

    America for Americans? (Not that I find it bad, nor that I agree with it, but this really made me remember the illustrious "Mein Kampf")

  30. Re:Anonymous Coward by thetoadwarrior · · Score: 1

    But as it's been pointed out not everyone on an H1-B visa is better. But they are cheaper.

    Secondly if you lay off a American programmer and then ask to import another one you can't claim that you can't find anyone in the US to do it because you did and you sacked him.

  31. wow. by pkbarbiedoll · · Score: 1

    Brazen, that guy.

  32. Actually.. by Junta · · Score: 1

    Google, Youtube, myspace, facebook, et al boomed after that period. I know Google already existed, and unsure about the dates of the rest, and even who started each, but I suspect they benefited greatly from the deluge of willing workers out there. Perhaps one or many of those would have never gotten sufficiently off the launch pad to be considered a success.

    As painful and uncertain as ubiquitous layoffs are, the small silver lining is that some companies with relevant vision but lacking in the workforce to realize their good ideas will suddenly be able to have some good workforce.

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:Actually.. by betterunixthanunix · · Score: 1
      "I suspect they benefited greatly from the deluge of willing workers out there."
      1. Google -- existed since the mid nineties, and had its growth stunted somewhat by the dot com burst, bloomed most after the end of that recession.
      2. YouTube -- founded after the recession (in 2005)
      3. MySpace -- created deliberately to compete with friendster and capitalize on the voluntary disclosure of marketing-related information by teenagers, who were an elusive advertising audience throughout the 70s, 80s, and 90s (and earlier).
      4. Facebook -- founded after the recession with a business plan involving the sale of market data, voluntarily disclosed by college students, to advertisers by a group business majors, not tech workers.

      It is VERY rare that a group of tech workers gets together and creates the "next big thing." Google and Apple were not even original concepts; Google was modeled on similar indexing services from Gopherspace (and intended as an improvement over other attempts at web crawlers), and the Jobs and Wozniak just wanted to make a PC that was easy to assemble and use. Google's advertising capabilities (highly targeted ads) were an afterthought anyway, the original project was more of a web crawler.

      Having a lot of unemployed tech workers sitting around does not do anything for the US, those people still have to pay the bills and if they cannot find tech jobs, they just go and work in other industries. It is not easy to convince a venture capitalists to pour money into some nerd's idea during a recession, and without some sort of funding, these projects do not get off the ground.

      --
      Palm trees and 8
  33. But U.S. Citizens are Fat and Lazy by pkbarbiedoll · · Score: 1

    Didn't you get the memo? U.S. workers don't want to work. We should be thankful so many H1-b workers are taking our jobs. Don't forget, every American is a millionaire and owns land.

  34. Re:Why talk about H1Bs when ... by andereandre · · Score: 1

    hmm, for the world that would not be such a bad scenario perhaps ...

  35. Here's an idea by computerman413 · · Score: 1

    Perhaps a law should be passed banning H1B visas for any company which has laid off a certain number of employees (such as Microsoft).

  36. Heartland by Baldrson · · Score: 1
    It's no coincidence that this fight centers in Iowa. Silicon Valley hence Gateswould not exist without the Iowans As Tom Wolfe documents in his Forbes article:, Robert Noyce and His Congregation ,[August 25, 1997] virtually all of the essential inventions upon which Silicon Valley was founded were created by the much-derided, non-"vibrant", "white-bread", "middle class" of "fly-over country".

    A few months ago I asked the aging Bob Johnson -- former CTO of Burroughs Corporation when it was a leading mainframe company in Minneapolis where he developed the magnetic ink you see on the bottom of your checks -- what he thought caused the loss of the Midwestern high tech leadership to the coasts, and he said it was the financial dominance of the coasts.

    That squares with what I observed while at Control Data Corporation/Cray Research, Inc -- midwestern companies that invented the supercomputer.

    The reason Bill Norris and Seymour Cray were able to start CDC thence Cray Research was because they violated SEC regs and went around selling stock at PTA meetings, making a lot of middle class people retire very comfortably. My late father bought some Cray stock early on which helped greatly with his retirement.

    When I was at CDC in Arden Hills, MN attempting to deploy the mass market version of the PLATO network with Internet-like capabilities (the system that Ray Ozzie (Bill Gates' replacement at Microsoft) cut his teeth on) in 1980 the primary resistance was from a middle management that, due to the financial press' hostility toward Norris's vision of a society disintermediated by computer networking, small high-tech farms and locally produced and consumed essentialsâ"had itself grown hostile to Norris.

    My proposed solution is simple to state but will perhaps require a war to institute:

    Replace all taxes on economic activity with a tax on net-assets, assessed at their in-place liquidation value, at the risk free interest rate (which according to modern portfolio theory is the short-term US Treasury rate) so as to extract all economic rents from the private sector, and then, to prevent public sector rent-seeking in pork-barrel politics, disperse those funds evenly in a dividend to all citizens, as the beneficiaries of the land-trust called the United States.

    That will not only stop the vicious centralization of power in the private and public sectors, but it will clarify the role of immigrationâ"it is a dilution of the benefits intended for the Posterity of the Founders of the land trust called The United States of America.

  37. discrimination by vajorie · · Score: 1

    what about blacks and women? why are they occupying jobs that more important people need?? (sarcasm)

  38. H-1Bs should be terminated by PingXao · · Score: 1

    With the economy the way it is, all H-1B visas should be eliminated. Don't tell me there aren't enough Americans to fill those positions. There are. You just have to pay enough to get them. The increased salaries will draw more young people into the field as a career. Eliminating H-1B visas will have both short and long-term positive effects in the US.

    1. Re:H-1Bs should be terminated by Malc · · Score: 1

      That's rather assuming that a worker can do any job. That's an attitude rather reminiscent of Soviet Russia. The reality is that it can often be hard to find somebody with sufficient experience or with knowledge and expertise specific to the job.

  39. How many of the Jackasses.. by cOdEgUru · · Score: 1

    here who is complaining about lost jobs due to H1-B and corporate fatcats are actually volunteering at soup kitchens, volunteering their time at networking events for people out of work, helping the unemployed get their financial priorities in order as well as help them stay motivated in their search for new jobs?

    Seriously, how many of you, CITIZENS of this country, instead of clamouring for the Govt, the Senators and the Congressmen to do the 'right thing', are willing to spend their time and efforts helping the truly disadvantaged better their lives?

    1. Re:How many of the Jackasses.. by Ritchie70 · · Score: 1

      How is time worked at a soup kitchen or doing other volunteer work related to a discussion of H-1B visas and their impact on the economic and employment situation?

      Whether or not I have problems with the H-1B program is wholly unrelated to my charitable donations of time or money.

      Now, whether I have expressed my opinion to my congress-critters is somewhat more relevant. I haven't. Maybe I'll go do that.

      --
      The preferred solution is to not have a problem.
    2. Re:How many of the Jackasses.. by tf23 · · Score: 1

      I sincerely hope you are.

      However, most IT people I know are getting bent over with the extra work and projects and BS "to keep the higher ups happy so we don't get let go." That leaves very little time for anything other then work, sleep rinse and repeat.

      It's amazing once the job market is announced to have slowed down how management will turn up the screws on the non-hourly.

  40. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  41. Training against mediocrity? Not bloody likely. by ZmeiGorynych · · Score: 1

    I would disagree, in that mediocrity is an incurable personality trait that cannot be remedied by any amount of on-the-job training. People who are not actually stupid but not really bright either, will in my experience remain so no matter what you do to them (well, certainly after 25 or so - who knows how much they owe their mediocrity to a bad education system).

    Note that I am not making any statement about relative density of mediocre people among citizens vs. H1Bs (I've met plenty of either).

  42. About Chuck Grassley by rjh · · Score: 2, Informative

    ObDisclosure: Charles Grassley is a family friend. I haven't had a conversation with him in several years, though.

    Grassley is a vanishing breed. He's a small-town Iowan who still runs his own family farm. He's a child of the Depression and stretches a buck like it's nobody's business. He's the stereotype of Republicans from old Frank Capra movies: you can easily imagine him in a green-tinted eye visor making quiet, forlorn grief over how he forgot to get a receipt for lunch at McDonald's.

    He was part of a labor union when he worked on an assembly line, and he has been current in his union dues for the last five decades. Yes, Chuck Grassley, a 28-year Senator and Ranking Member of the Senate Finance Committee, is a lifelong union man and an advocate for organized labor.

    He is no fan of the FBI. He's spoken out many times about FBI abuses of power, lack of accountability, and the FBI's tendency to retaliate against whistleblowers. He's shielded many whistleblowers from retaliation.

    My favorite Grassley story comes from my father, who once phoned me up after he went for a drive with him. Grassley was pulling into an underground parking garage... shut off the engine, put the car in neutral... and coasted down five levels of parking. He explained to Dad that the price of gas just kept on going up and up and up, and he was trying to cut back on his usage.

    So yeah. Grassley's the real deal. He's part of a dying, vanishing breed of Republicanism. God knows I'd much rather have Republicans like him than GWB any day of the week.

  43. what's the point H1B visas .. by rs232 · · Score: 1

    'the employer has to show that the guest worker gets the prevailing wage, on par with all the "similarly qualified"'

    This is nonsense, the whole raison datre of hiring H1B workers is that they are cheap. I mean why else do Disney hire on from here in the UK. What's wrong with all those out-of-work Americans?

    --
    davecb5620@gmail.com
  44. Senator tries to dictate who MSFT can sack by Helldesk+Hound · · Score: 1

    > '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,'

    Lets be clear about this.

    The MSFT corporation is a large multinational corporation with no loyalty to any particular country. While it primarily pays taxes in the USA it nevertheless owes no loyalty to the USA.

    Why should the USian government think it can expect otherwise from any large multinational corporation at this time?

    And, more relevantly, given Microsoft's track record of circumventing the law at every opportunity, why should a corrupt bribe-taking (they all take "campaign contributions" from lobbying companies to some extent don't they?) senator think he can dictate who Microsoft will sack?

    And besides, MSFT is a highly profitable corporation. I don't think it is doing this in order to remain highly profitable - there are other ways for a corporation with . I think it is using the economic downturn as an opportunity to cover its real motives which I don't think are clear.

    A company the size (approx 90,000 employees) and profitability and ruthlessness of Microsoft doesn't need the beginnings of a depression in order to get rid of 5000 staff members over the next 18 months from the R&D division.

    The better question is: What is the real reason behind the announced sackings of staff mostly from the R&D division.

  45. H1-B Fraud Report by aoheno · · Score: 1
    --
    Her lips were softer than a duck's bill, but her quacks ...
  46. Re:Don't force Microsoft's hand by balbeir · · Score: 1

    > I'm an MBA - so let me give you geeks a clue It takes courage to come out of the closet like that !

  47. Re:Republican? - (Reelection) by Dachannien · · Score: 1

    It's all about getting reelected. It's never too early to think of your chances the next time you face the voters in a poll, especially if your popularity is waning.

    Helping out your constituents is kind of the point of being a Senator. Sometimes you can achieve that goal and improve your chances for re-election at the same time.

  48. Outsourcing is worse. by DigitAl56K · · Score: 1

    Everyone should be more concerned with companies that lay off workers in the US (regardless of status) but keep the positions and just move them overseas. That's what several companies are doing now. Ironically this removes openings from the US job market entirely, means no tax revenues or money going back into the domestic economy, and is often the results of entire departments being outsourced as opposed to a handful of positions, yet it doesn't seem nearly as frowned upon.

    Workers in the receiving country often have fewer benefits and poorer working conditions than in the US which makes them more competitive, as we've heard in the big debate over the big three auto companies vs their foreign competitors. Essentially US companies are taking advantage of the disparity between the US and other nations, strengthening it, and the inevitable recourse, and only common-sense outcome is that either foreign nations must somehow be forced to close this gap in future or conditions for US workers must be brought down closer to their levels.

  49. Re:They didn't want to hire American's in the firs by JAlexoi · · Score: 1

    Just like one comment to Financial Times European edition newspaper was something along the lines:
    We should make sure US stays afloat. Make sure that they do not reorganize their education system. And we will have a market where we can dump our quality goods, ensuring that we have a good life.
    The prosperity of Europe, and a lot of other countries, depends on the undereducated middle class in US.

  50. Wow, Check out these H1B YouTube Videos by Anonymous Coward · · Score: 1, Informative

    http://www.youtube.com/programmersguild I like to steer clear of politics and focus on GTD, but these videos exposing H1B practices are worthy of praise for exposing H1B corruption. On a personal note, I believe it is American to abide by the spirit of a law instead of the loopholes in it.

  51. USA turning into INDIA by zymano · · Score: 1

    Because of H1b.

  52. This is WRONG by john.picard · · Score: 1

    This all sounds fine and dandy but does it mean that those laid off would have to leave the country? Because it's not quite as simple as it sounds. Think about it. You lose your job to layoffs and to add insult to injury you are KICKED OUT of the country. Bureaucrats.

  53. Protectionism by Prune · · Score: 1

    I'm surprised at the polarized opinions here. Personaly, I find there are good and bad points almost equally on both sides. This sort of labor protectionism is a complex issue full of grays; anyone claiming to know the right balance point is being intellectually dishonest.

    --
    "Politicians and diapers must be changed often, and for the same reason."
  54. Re:Republican? - (Reelection) by twiddlingbits · · Score: 1

    Not getting the Data Center DOES NOT cause unemployment, there were never any jobs to begin with. It was a "promise" of jobs. In the economic climate today such a promise is a powerful tool for business to get all sorts of things they want, up to and including a different United States Senator.

  55. An unbiased opinion on the H1-B by LiquidGroove_09 · · Score: 2, Informative

    Its amazing how the word "H1-B" almost always triggers off a passionate debate in any setting. My position on immigrant workers is that the US should clearly favor its own citizens compared to these workers. However it seems like people have their facts grossly wrong when it comes to things like wages and H1-B. If you've carefully followed layoff news recently, you'll observe that most of the layoffs are in finance, sales, marketing,etc. Americans usually fill these positions, because they are way better at this that most others. Immigrants have statistically been known to end up in engineering positions(cubicle prisoners :)). I don't under why there is so much animosity towards the H1-B workers (most of whom are in engineering) when most of the layoffs are not in engineering. Secondly, H1-B workers don't lower wages. There is a law in place to prevent exploitation and to prevent companies from low balling salaries to migrant workers. For a given level of education, there is a hard number in place which is the minimum he/she should get paid for that position (ref wikipedia). Thirdly, life for a migrant worker isnt fun. They are constantly worried about making their life's biggest investments in things like housing, children's education,etc especially when there is constant uncertainty surrounding their ability to stay in the US. I can completely appreciate the fact that US citizens deserve priority in being hired, but lets face it, there just arent enough american engineers to fill these positions.(I'm sorry to repeat the most hackneyed/poster-child argument made by silicon valley, but its true.) You are dealing with human beings here, not inanimate objects that serve their usefulness at a time and can be thrown in the trash later. H1-B workers come to the US,pay a third of their earnings in rent (which is good for american house owners), 40% in tax(a lot of them are in silicon valley/califonia) and end up saving about a third. They pay social security and medicare and yet are not eligible to benefit from it when they need it (unless they become citizens eventually. This process takes almost 10 years). I dont want to pepper the message board with just rhetoric (since most people seem to have an opinion on everything but no one "knows" anything) and hence will try to offer some constructive solutions. You can start with making govt subsidy available to companies making a serious attempt at reducing outsouring and creating (possibly lower wage) american jobs (heck its better than leaving 7% of the US unemployed as is the case right now). When it comes to H1-B, make a marked shift in quotas to favor people with american education (since they bring dollars into the education system). A US bachelors or masters receives priority over anything else. What they are doing right now is completely disregarding merit which is think is a huge huge mistake. The H1-B system is placing on par, people from very modest academic backgrounds on the same plane with foreign students who graduate from Americas top schools like MIT, Caltech, Stanford,etc. It is delusional to turn a blind eye to merit. That way when you funnel the access to H1-B, you'll get much better quality for the jobs you seek to fill and provide americans with an opportunity to apply to every job there is. Peace, Love, Empathy.

  56. Re:H1Bs are fine by /dev/trash · · Score: 1

    uh huh. And who do you think LOBBIES the feds to look the other way?

  57. Why the H1 crowd? by xot · · Score: 1

    I don't understand why H1B people have to be the target. There are two simple solutions to laying people off. First see who's the best person for the job and eliminate the other. If that doesn't work, eliminate the more expensive one. This Grassley guy just want something to cry about. Maybe 'cos no one wants to do anything in Iowa.

    --
    Lord of the Binges.
    1. Re:Why the H1 crowd? by brrgo · · Score: 1

      WTF! What an insulting asshole! The best work-ethics in america can be found in Iowa. Let me enlighten your stupid ass, Iowa sued MS over some pricing crap, and they eased the $$$ on the settlement when then they unveiled plans to create jobs here. The suit was settled, a year later MS pulls the plug on their plans. Fishy. But not as stupid as your comments.

    2. Re:Why the H1 crowd? by brrgo · · Score: 1

      I think it was the "eliminate the expensive" one in favor of the H1B indian that'll work for $18k a year. Iowa has a better work-ethic than your fraigle dumb ass death. Don't comment until you understand the issues. u got shit-for-brains

  58. ATT by BrookHarty · · Score: 1

    When I was working at ATT, they moved our operations group into an EIT building, Our group sysadmins/dba's/network guys all are citizens, the rest of the building was full of H1B visa holders.

    I didnt even realize ATT did this, and I was employed there for over 7 years. The building was down the road, one of a dozens of buildings ATT owned for various groups in Bothell Washington.

    I started talking to these guys, most had a hard time with english, and live with multiple roommates and road the bus into work. I never asked about pay, but the rumor was they made around 35K, way below market pay. About 125-150 H1B visa people in this building, our group was about 30 operations folks.

    Later I found out the VP for Billing was heavy into outsourcing. This was also the cause of the major problem when Number portability opened up, and people wanted to move away or too ATT. The VP of the billing group let most people go, and outsourced almost the entire group to H1B workers. Nobody knew what was going on, and that extended the outages and caused over millions of dollars A DAY in fines.

    Funny, ATT isnt only one doing it. Its happening way more. And I know lots of unemployed sysadmins/project managers, etc that cant find work. And its only getting worse. Lots worse, but dont make the corporations upset and pull their H1B visas, or they will just close down entire outfits and screw over the local cities.

    We basically setup America to fail so corporations can outsource overseas, or insource and remove american middle class pay. Good job. Gold star.

  59. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  60. I was an H1B worker at Microsoft by thirty-seven · · Score: 2, Informative

    I worked at Microsoft in Redmond with H1B work status for four years. Last year I left MS because I found job opportunity that was better for my family. (This new job happened to be back in my country.)

    I can't comment about the overall H1B program in the US, or the overall US labour market, or even on any new changes at MS over the past year, but I do definitely know about the experiences of H1B employees in the developer and testing roles at MS.

    I (and all other non-US-citizen employees) were treated exactly the same as every other employee. We had the same job descriptions and responsibilities as other employees and the same opportunities for promotion. We were integrated in teams that included US citizens, other H1B-status workers, and people with other immigration statuses. We were certainly paid the same as any other employee with a similar job and similar experience.

    I also know that Microsoft has very high hiring standards for developer and tester roles. I was not in a management/lead position, but I occasionally reviewed resumes and took part in interviewing applicants. Interviews were tough all-day affairs, including questions that required the use of logic, math, programming, and testing methodologies. The point wasn't to see if the applicant could regurgitate the knowledge, but to view his or her thinking process, creativity, and problem solving abilities as they tried to come up with a solution, and handle complications or restrictions that the interviewer throws at the candidate after they come up with an initial solution.

    During the time I was there, my group and most others were always trying to hire more people. The major bottleneck was waiting to get any resumes for candidates that seemed worth interviewing. Most interviews ended with frustration that the candidate wasn't up to standards. Just because you applied to MS and didn't get a job or even an interview is not proof that Microsoft didn't need to look outside the US to find candidates up to their standards.

    So, you might have valid criticisms about the quality of Microsoft software, but MS really does have very high standards for their employees, and employees with H1B status are treated the same as any other full-time employee there.

    --

    Atheism is a religion to the same extent that not collecting stamps is a hobby.

    1. Re:I was an H1B worker at Microsoft by Krater76 · · Score: 1

      So, you might have valid criticisms about the quality of Microsoft software, but MS really does have very high standards for their employees ...

      It would be nice if they had high standards for their software too. It also seems that the 'high standards' they use for their hiring do not result in a very good product.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
  61. good idea by alizard · · Score: 1

    especially after MS suddenly finds itself hit with tariffs and a bunch of MS-specific measures designed specifically to make life miserable for the company. MS is expected to buy Senators, not get into pissing contests with them as their sudden decision to not build a data center which would provide jobs for some of Senator Grassley's constituents because they don't like the questions the Senator is asking indicates they're behaving with their usual arrogance. Which is costing them serious money in the EU and has cost them significant money with respect to their attempt to foist Vista on a world that plainly does not want it.

  62. got any friends among the suits at Redmond? by alizard · · Score: 1

    Do please tell them what you just told us. Yes, MS should stand up to the Federal Government in favor of the free market. Let them threaten to take their ball and move it to India! Let the Feds know who's boss!

    DISCLAIMER: I write Linux how-to material for publication.

    1. Re:got any friends among the suits at Redmond? by commodore64_love · · Score: 1

      Previous #1 companies that arrogantly thought they were invincible:

      - Atari
      - Commodore
      - Nintendo (the N64 debacle)
      - Sony (dropped from first to third place console)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  63. Deflation. by plasmacutter · · Score: 1

    Actually, the result of this is being reflected in our economy RIGHT NOW.

    Deflation is a real risk because of the downward pressure on wages caused by offshoring.

    Offshoring is a reflection on the quarterly mentality. Short-term gains are the only thing accomplished. When you start chopping away at wages, it eventually comes to bite you in the ass when people's capacity to hold debt (to maintain their standard of living) gives out.

    This is what's happening now. Companies killed wages, people took on more and more debt trying to keep their standard of living, thinking some relief would eventually come. It did not, of course, and now they have no money to buy anything.

    Something has to give now. Either there will be deflation, screwing everyone, main street and wall street alike, or these companies will HAVE to provide proper wages.

    Without some seriously hard-ball government regulation there is no reason any company would voluntarily offer greater wages, so deflation seems the inevitable result.

    The basic lesson is this..
    In an economy with fixed resources you can't lower the real cost of goods. If you lower wages, people will have less to spend, and sooner or later you will be compelled to charge less.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  64. Let me know... by plasmacutter · · Score: 1

    Let me know when H1B holders have to pay american tuition costs!

    When my student debts suddenly shrink from 100k to 10k, then we can talk about equal treatment to cheap foreign labor.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  65. Solution: by bagsc · · Score: 1

    Give the H1B visa holders citizenship. Done.

    --
    http://www.accountkiller.com/removal-requested
  66. The branding makes the money by EmbeddedJanitor · · Score: 1
    The way economists measure "value" does not distinguish between creating value by manufacture or by branding.

    As far as any economic measures go, Nike created $59 of value when they take a $1 pair of imported sneakers and sell them off for $60.

    Branding is one of USA's strongest exports: Coke, for instance, sells licensing to quite a few worldwide companies to sell stuff with a Coke label on it.

    The sick part about branding is that it is all just image and does not actually produce any tangible value. If times get tight then people will quickly shy away from their Nikes and buy the same product under the Yoyo brand for $10.

    --
    Engineering is the art of compromise.
  67. The point was... by Junta · · Score: 1

    That *even* if it is a 'business' person that has an idea, without available competent, perhaps desperate tech workers, the idea may not have the required resources to get it off the ground.

    If the big companies never laid off, they'd retain all the talent and the industry would stagnate. I know if I make it through this economic situation and don't get laid off, I probably will not look for any other work or be the least bit receptive to all but the most unreasonable offers.

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:The point was... by betterunixthanunix · · Score: 1
      "That *even* if it is a 'business' person that has an idea, without available competent, perhaps desperate tech workers, the idea may not have the required resources to get it off the ground."

      Except that most of the successful companies founded in the past decade were founded either before or after the last recession. It is not easy to get VC money during a recession, especially for an entirely new type of business.

      "If the big companies never laid off, they'd retain all the talent and the industry would stagnate."

      Why would anything stagnate if big companies never laid employees off? Aside from the fact that new workers are constantly entering the market, one only needs to examine the history of the computing industry to see that innovations can come from big companies:
      • GUI -- Xerox
      • Virtualization -- IBM
      • Cell phones -- Bell labs
      • Cellular web access -- Nokia
      • Transistors -- Bell labs
      • Integrated circuits -- Texas Instruments
      • Flash memory -- Toshiba
      • CDs -- Sony and Phillips
      • Feistel ciphers -- IBM

      And so forth. Large companies produce innovations all the time. Why would you assume that without VC backed startups, there would be stagnation?

      --
      Palm trees and 8
  68. By definition both earn the same. by jotaeleemeese · · Score: 1

    People here keep talking about HB1 people earning less, but I have not seen any eveidence to back this up.

    --
    IANAL but write like a drunk one.
  69. Free trade bullshit? by jotaeleemeese · · Score: 1

    Go on, lets go for protectionism, so all those cheap goods you enjoy nowadays will become more expensive.

    Lets protect local companies, so ineficiency can be justly rewarded.

    Lets stop progress, because there is no progress if it is not labeled American somewhere, somehow.

    --
    IANAL but write like a drunk one.
    1. Re:Free trade bullshit? by M1rth · · Score: 1

      Free trade != Fair trade.

      "Free" trade hurts abused workers and the environment. FAIR trade, where tariffs equalize the cost of producing goods locally with the cost of producing in countries where labor rights laws and environmental laws are lax and then importing, is what I ask for.

      Face it. Those "cheap goods" you champion come at the cost of blood and the destruction of the environment worldwide.

      --
      If you can read this sig, congratulations, you have your glasses on!
  70. Many foreign workers don't want citizenship by jotaeleemeese · · Score: 1

    Most workers just want open labour markets.

    --
    IANAL but write like a drunk one.
  71. There's many *different* people by curri · · Score: 1

    There's many different people, with many different opinions. *some* push for pure capitalism, others for some (or a lot of) protectionism. Nobody u (necessarily) throwing away any ideals.

  72. Re: H1Bs are visas; not a right but a privilege by NickGnome · · Score: 1

    So, if someone with an H-1b loses his job/sponsor, he has a couple months to find another, or he goes back home and looks for work there, having his high-class US experience as a marketing point.

    The dumped US citizen, OTOH, is home, or would like to get work back at home after traveling around the country already to get his previous job. But he's been out of work for 2 months (or 9 years if he was caught early in the Clinton-Bush-Obama depression) and hiring managers and recruiters don't want to give him the time of day, because they'd still prefer lots of cheap foreign temps. The recruiters can churn the temps more easily for their commissions, and the managers can refuse to invest in training or pensions so long as the glut continues.

    But, if we send all of the guest-workers and green-card holders home, we'd still have a surplus of STEM workers in the USA, because more US citizens have been learning these fields, earning degrees in these fields than have been hired in these fields for such a long time, that the pool of capable labor wouldn't be exhausted for over 18 years.

  73. Re: H-1B purposes, overt and actual by NickGnome · · Score: 1
    The point of the H1-B visa was allegedly not to get cheaper workers. It was to address a (falsified) shortage of "qualified" (wink wink nudge nudge) workers, "temporarily" (wink wink)... and meanwhile, flood the market with cheap, more easily brow-beaten labor afraid to speak up against abuse and under-payment, in order to drive down compensation, i.e. to get cheaper workers.

    One thing the lobbyists aren't telling you is that high percentages of foreign students was a goal of the expanded F and H-1B visa programs. In the 1980s, NSF, in pushing Congress to establish the H-1B program, explicitly stated that they felt that PhD salaries in science and engineering were too high, and advocated bringing in foreign students to hold down wages. It also stated that a consequence of this would be that Americans would not find PhD study financially attractive and thus would not pursue it. The NSF stated:

    "A growing influx of foreign PhDs into U.S. labor markets will hold down the level of PhD salaries to the extent that foreign students are attracted to U.S. doctoral programs as a way of immigrating to the U.S.A. A related point is that for this group the PhD salary premium is much higher [than it is for Americans], because it is based on BS-level pay in students' home nations versus PhD-level pay in the U.S.A... [If] doctoral studies are failing to appeal to a large (or growing) percentage of the best citizen baccalaureates, then a key issue is pay... A number of [the Americans] will select alternative career paths... For these baccalaureates, the effective premium for acquiring a PhD may actually be negative."
    http://www.nber.org/~peat/PapersFolder/Papers/SG/NSF.html
    http://www.nber.org/~peat/ReadingsFolder/PrimarySources/TimeLine.html
    Policy and Research Analysis Division of the NSF
    http://www.ucop.edu/ucophome/pres/comments/numbers.html

    "A decade after lambasting the National Science Foundation (NSF) for botching a study of the science job market, Congress has asked the agency to once again take on the politically risky task of predicting how many high-tech workers the United States will need over the next decade... Nonetheless, such projections can spark a political fire-storm, as NSF learned after a 1987 study, led by Peter House, warned of a coming 'shortfall' of several hundred thousand scientists. After the forecast proved false, law-makers questioned the agency's reputation for dispassionate analysis (Science, 1992 February 14, p. 788)."
    http://www.sciencemag.org/content/vol282/issue5395/s-scope.dtl
    1998-12-04 vol 282 issue 5395

    Gene Nelson
    http://psyche.uthct.edu/nes/wwwboard/messages/53.html

    US Department of Labor's 2006 Strategic Plan on page 35 states:
    "H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of the foreign worker."
    http://www.dol.gov/_sec/stratplan/strat_plan_2006_2011.pdf
    http://programmersguild.blogspot.com/2007/04/news-flash-corporate-executives-and.html

    The Federal Register 2006-06-30, Sec. 2, paragraph 4: "the statute does not require employers... to demonstrate that there are no available US workers or to test the labor market for US workers as required under the permanent labor certification program." (from Donna Conroy of http://www.brightfuturejobs.com/)

    2000-04-24 Joel Stewart _Immigration Daily_
    http://www.ilw.com/articles/2000,0424-Stewart.shtm
    Legal Rejection of US Workers
    "even in a depressed economy, Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply."

  74. Re: under-compensationd guest-workers by NickGnome · · Score: 1
    "M$ H-1B visa employees are on the same payscale and benefits program as US employees."

    Show me. Let's see the actual cities where they live and where they actually work (not the phony baloney low cost of living cities mentioned in the LCA), the job descriptions, the actual daily work they're doing, their academic credentials, their IQ scores, SAT scores, ACT scores, GRE scores, their experience, productivity measures, etc., their wages/salary, paid vacation time, health care insurance, gym membership, stock, stock options, Socialist Insecurity taxes taken out, income extortion, workers' comp, unemployment insurance, the whole gamut of compensation, both for direct M$ H-1Bs and contractors/outsourcers/permatemps, etc., and actual M$ employees, if there are any left doing the same sorts of work. If there aren't any left, then we'd need to see figures for people in other firms doing the same work, with the same credentials, experience, their IQ scores, SAT scores, ACT scores, GRE scores, productivity measures, etc.

    Of course, that would be a massive invasion of privacy of the US citizens doing comparable work, but that's what would be required to make a reasonable comparison.

    As it is, all we know is that 20% of a sampling of H-1B applications are fraudulent in some way (pay, credentials, location, job...), that on average H-1B grantees are paid 7% to 55% below prevailing (previous to their introduction) local market compensation with the central tendency being about 13% under-payment (the range is due to slightly different data used by different researchers over the years), and that DoL classifies the vast majority of H-1B grantees to be wet-behind-the-ears apprentices of no extraordinary ability or knowledge (though, in regulatory-speak required to have "specialized knowledge or skills"), and that hundreds are approved each year for those lacking the equivalent of a US high school diploma and thousands are approved lacking the equivalent of a US bachelor's degree.

    We've seen the spin of the executives and their lobbyists. The data tell a different story. But, if you've got some new, credible, reliable, more specific data, we'd be glad to see it, since USCIS and others have been, apparently illegally, suppressing release of the public records for the last couple years.

  75. Re: under-compensationd guest-workers by Blakey+Rat · · Score: 1

    Yah, I've done this thing called "talked to them." You know, I meet them at a party, and we chat for awhile.

  76. Re: Economic History by NickGnome · · Score: 1
    "The reason it's profitable to use cheaper labor is because you're selling to higher earners. If you make sneakers at $1 a pair, you make a profit by selling them for $60."

    A friend in a peculiar niche in the footwear business tells me that, as recently as 6 years ago, you could make shoes of equal or better quality (leather dress shoes) in the USA for about $10 per pair ($8 per pair in the mid-1990s). Considering marketing costs, if you sold them retail for $20 you'd still be making a profit.

    Instead, what we've seen over the last 30 years is lower-quality materials and workmanship, production moving from the USA to Mexico to South Korea to VietNam and Red China. And the US prices rose over that same period from $20 to $45 to $65 or more. And the designs have gotten much uglier.

    But, Americans would pay it until recently. 1. because they could, and 2. because competing products of better quality weren't appearing on the retail shelves anymore.

    After kiting on credit for a decade or three, holding out for an improvement in the economy, because compensation to US production workers hadn't kept up with retail prices, enough people can't pay such prices anymore. They'd love the opportunity to go back to work at the tool & die works, or the auto parts factory in Dayton or Gary, or the shoe factory in NJ or SC, or the textile factory in NC or GA or TN, or the tire factory in PA or OH or IL, but those have all closed up shop and the capital goods scrapped or moved to Red China or VietNam along with the micro-chip fabs.

    In the 1980s, they were told they could just go to the juco and upgrade their skills a little to become robot repairmen, software coders, data entry clerks, call center clones. Meanwhile, the software architects, software engineers, biophysicists, chemists and such, many with advanced degrees, are finding that, beginning in the early 1980s, they, also, were seeing these careers under-mined by body shopping, off-shoring, and cross-border body shopping (all of which facilitate the others) and being told by Greenspan to go to the juco for re-education because even the bleeding edge career opportunities have been decreased.

  77. Re: Economic History by htnmmo · · Score: 1

    Nah, they all became house flippers and that turned out great!

  78. Xenophobia by cowdung · · Score: 1

    Americans love to blame others for their own problem (I'm American).

    Whenever the going gets tough racism and xenophobia pops out. Whether it is incarcerating citizens of Japanese descent, disappearing Muslims or blaming mexican immigrants for everything from the rising crime rate to social injustice, this is just the latest manifestation of racism and xenophobia.

    H1-B people didn't cause this problem. There's nothing wrong w/having qualified professionals come into the country. Our country was built on immigrants after all..

    So if MS wants to layoff people (a great american tradition) let them do so based on merit and not based on ridiculous nationalistic standards.

    1. Re:Xenophobia by otis+wildflower · · Score: 1

      H1-B people didn't cause this problem. There's nothing wrong w/having qualified professionals come into the country. Our country was built on immigrants after all..

      I'm sorry, but being against the importation of cheaper labor to depress wages is _NOT_ xenophobic. H1-B is basically indentured servitude, for the purposes of providing labor at artificially lower rates.

      I would be for H1-B IFF it were mandated that those hired under H1-B received double (or more) the average wage for a particular job. If a job truly can't be filled by a qualified American at double the prevailing wage, THEN it makes sense IMO.

      Now the question becomes: does H1-B slow the wholesale outsourcing of jobs? Have a statistically significant number of people been replaced by small shell scripts? There is probably an argument to be made there, but from where I sit it hasn't been made credibly.