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How the 'Tech Worker Visa' Is Remaking IT In America

theodp writes "Back in 2008, the Department of Homeland Security enacted a controversial 'emergency' rule to allow foreign students earning tech-related degrees in the US to work for American employers for 29 months after graduation without a work visa. The program would allow US companies to recruit and retain the 'best' science and tech students educated at the top US universities, explained Microsoft. But two-and-a-half years later, it turns out the top US universities are getting schooled by less-renowned institutions. Computerworld reports the DHS program is dominated by little-known, for-profit Stratford University, whose 727 approved requests for post-graduate Optional Practical Training (OPT) STEM extensions tops all schools and is more than twice the combined total of the entire Ivy League — Brown (26), Columbia (105), Cornell (90), Dartmouth (18), Harvard (27), Princeton (16), Penn (50), and Yale (9). In second place, with 533 approved requests, is the University of Bridgeport. In another twist, the program's employers include IT outsourcing and offshoring 'body shops' like Kelly Services, whose entities snagged about 50 approvals, more than twice the combined total of tech stalwarts Google (15), Amazon.com (2), Yahoo (2), and Facebook (3)."

27 of 436 comments (clear)

  1. Remaking IT to be an anti-citizen? by sethstorm · · Score: 3, Insightful

    "Back in 2008, the Department of Homeland Security enacted a controversial 'emergency' rule to allow foreign students earning tech-related degrees in the U.S. to work for American employers for 29 months after graduation without a work visa.

    While citizens who could use the training and work, are given the short shaft, thanks to various loopholes in need of closure. They have the skills, it's time we made companies actually recognize that.

    Think about it before you throw your exception to the rule about a specific thing not being found.

    The program would allow U.S. companies to recruit and retain the 'best' science and tech students

    Bullshit. We have all the people we need, we just aren't willing to engage in fraud. Businesses however, are.

      But two-and-a-half years later, it turns out the top U.S. universities are getting schooled by less-renowned institutions. Computerworld reports the DHS program is dominated by little-known, for-profit Stratford University, whose 727 approved requests for post-graduate Optional Practical Training (OPT) STEM extensions tops all schools and is more than twice the combined total of the entire Ivy League -- Brown (26), Columbia (105), Cornell (90), Dartmouth (18), Harvard (27), Princeton (16), Penn (50), and Yale (9). In second place, with 533 approved requests, is the University of Bridgeport. In another twist, the program's employers include IT outsourcing and offshoring 'body shops' like Kelly Services, whose entities snagged about 50 approvals, more than twice the combined total of tech stalwarts Google (15), Amazon.com (2), Yahoo (2), and Facebook (3)."

    This might be the real story. Either the fraud's moved over to those universities, or the fraud shops got seriously blindsided.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Remaking IT to be an anti-citizen? by TheSync · · Score: 5, Insightful

      We have all the people we need

      I'd kind of prefer if the US had more smart people, even if we have to import them...

    2. Re:Remaking IT to be an anti-citizen? by Anonymous Coward · · Score: 5, Insightful

      I'd kind of prefer if the US had more smart people, even if we have to import them...

      So would I, but this program doesn't accomplish that. It just gives the offshoring companies a couple of years to train the "graduate" before sending the job to Asia.

    3. Re:Remaking IT to be an anti-citizen? by jshackney · · Score: 4, Insightful

      "IT worker shortage"

      Marketing-speak to English translation: The market is full of highly experienced and expensive talent. We're looking for cheap talent, and nobody wants to work for what we're paying.

      See also: Teacher Shortage; Pilot Shortage; Nurse Shortage; [________] Shortage.

    4. Re:Remaking IT to be an anti-citizen? by dakameleon · · Score: 4, Insightful

      Forgive me for stating the obvious, but if you're still at college, look for internships, part time work and graduate roles, where experience isn't a criteria. If you're out of college but looking to change careers, or just plain out of a job, volunteer with local NGOs, charities and associations. You might not get the 3 years experience they're looking for exactly in the roles you want exactly, but often you can get your foot in the door with less experience but a demonstrated ability to go out and chase opportunities yourself.

      And remember at all times, the criteria listed is for "ideal" candidates, so if the same job is still listed a month later, chances are if you hit some of the requirements you're in with a pretty strong chance - basically, don't let the listed requirements put you off.

      --
      Man who leaps off cliff jumps to conclusion.
    5. Re:Remaking IT to be an anti-citizen? by arivanov · · Score: 3, Insightful

      That is not accomplished by the current visa legislation. Just the opposite.

      To be more specific US is the only developed country whose immigration legislation prohibits the spouses of people on high-skill labour visas from working. The ones that are not prohibited have to go through so many demeaning and outright stupid hurdles that they do not want to even consider it. For example for L2 visa (in-company qualified labour transfer) you have to supply 5 pictures of your wedding ceremony and they have to be approved by the immigration officials. What's next? Pictures of your sex life?

      This ultra conservative approach means that USA will be getting only a small fraction of smart people out there. Smart people nowdays have smart wives (and husbands) with careers of their own so they are not coming. These restrictions specifically exclude them in favour of slave labour from countries where the wife is draped top to bottom and is a dedicated child production and home cleaning device with no other functionality. Call me biased, but I have my doubts about anyone in this category being "qualified labour".

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
  2. Been there. by AnonymousClown · · Score: 5, Insightful
    From the 4th page:

    The contractor that Serrano trained at IBM was from China, but Serrano didn't know her immigration status. And despite having to train her replacement, ...

    I had to do the same thing at another company and he was the one who asked me what the '*' by variables mean and "what's a pointer?"

    That's why when I hear some big shot at Intel, IBM or any other big corp says that they are hiring overseas because 'they can't find qualified Americans", I have to go off and mumble "Bullshit. Bullshit. Bullshit. Bullshit. ... "

    Just tell the fucking truth. They want cheaper labor. That's why as Indian salaries go up, they move to other countries.

    Nope. It's corporate America. How do you tell when a PR person is lying? Their lips move.

    Of course the economists will say this is good for the entire economy. Really? Then why have real wages been stagnant for over a decade - for everyone?

    Go up the food chain? How can we when even the upper food chain jobs are leaving. Except of course upper management. But that will change. Some foreign based company without the obscene upper management pay of IBM or Intel is going to come in and eat their lunches - you'll see.

    --
    RIP America

    July 4, 1776 - September 11, 2001

    1. Re:Been there. by wampus · · Score: 5, Insightful

      'they can't find qualified Americans"

      They aren't lying, they just aren't saying the rest of that phrase, "for what we are willing to pay."

    2. Re:Been there. by naoursla · · Score: 5, Insightful

      The answer is require guest worked be hired at 130% of prevailing wages. If we have to hire guest worker because of local shortages, that will give companies incentive to hire locally while pushing up wages to encourage more local talent.

  3. I've got a BETTER emergency rule for you... by PhilipTheHermit · · Score: 5, Insightful

    How about we eliminate H1-B and L-1 visas and start hiring Americans again?

    The economy is going down the tubes because greedy corporations aren't willing to pay a living wage. They don't even want to hire Americans, because the indentured servitude of the H1-B visa is too attractive to them. This is the primary reason why the middle class is shrinking: there aren't that many good jobs left (unless you're an ivy-league child of the rich, in which case "daddy" or one of his friends will make room for you somewhere).

    Between the end of WWII and the start of this outsourcing nonsense, spending by the middle class was the engine that drove our economy. Now that the middle class is in rapid decline, corporations are trying to expand third-world markets to preserve their profits. So Congress is writing love letters to India and China by doing things like expanding foreign-worker visa programs.

    This in turn is eliminating any desire for young people to study science or technology. Why should they, when all those jobs have moved overseas or are being handed out to visa holders? The kids are going to study law or business, things they can use in a third world economy (i.e. the future America).

    The corporations are run by idiots who think the executive levels are the only important parts of the corporation to keep in the U.S. They are going to find out the hard way that they should have kept their tech staff on board, when India Inc. and China realize that they can manufacture their own executives TOO. All they have to do is drop-kick American corporations out of the country, and replace them with home-grown alternatives. This will happen within a decade, I think.

    By then, there won't be ANY Americans bothering to study STEM subjects in our schools -- it'll be nothing but foreign kids, who will go right back where they came from when they graduate. We Americans are already a minority in graduate programs here. And it'll simply be too late. The professors are all foreign. The kids are all foreign. When they all go home, we won't have anything left at all.

    It's all so pathetic. Rich people are so petty and stingy they're destroying their own future to make a little extra bread in the present. If they weren't destroying our future as well, I'd wish them bon voyage, but as it is they're taking the whole country down the tubes.

    The only ones among us who will still know anything are hobbyists and small-scale manufacturers and hackers. And we aren't going to be inclined to try and help the corporations when they finally realize they need us.

    --
    Thus spake the master programmer:
    "When the program is being tested, it is too late to make design changes." (Tao)
    1. Re:I've got a BETTER emergency rule for you... by causality · · Score: 3, Insightful

      It's all so pathetic. Rich people are so petty and stingy they're destroying their own future to make a little extra bread in the present. If they weren't destroying our future as well, I'd wish them bon voyage, but as it is they're taking the whole country down the tubes.

      You're correct about the effect but mistaken about the motivation.

      Yes, the ruling elite in America are destroying the middle class. No, they aren't doing that because they're stupid or can't figure out what that will do to the country. Destroying the middle class has taken generations of effort that is only just now coming to fruition.

      They're acting in their own long-term interests, as usual. You see, when you already have a stranglehold on most of the wealth in a country, and can already buy anything you please, and can already secure the financial future of your great-great-great grandchildren, and you still aren't satisfied and you still want more and more and more ... at that point only one thing remains: political power.

      A strong, independent middle class is a gigantic barrier to this. When most of the country's population is a strong, independent middle class they want government to take care of what is reasonable and then to stay out of their lives and their wallets as much as possible. For those who don't think the US Federal Government is already more than powerful enough, that won't do. It won't do at all. People who can house themselves, feed themselves, and take care of their own children don't want the kind of "help" (dependency) that government can offer. People who have not just material and financial independence, but an independent spirit, well to the elites they also have this annoying habit of not easily cowering in the face of every little crisis.

      For those reasons and many more, a society like that is easy to govern but incredibly difficult to rule.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    2. Re:I've got a BETTER emergency rule for you... by layabout · · Score: 5, Insightful

      which further reinforces sending jobs overseas because in order to " be competitive" you need to live on less than 20,000 a year. You can do it if you're willing to do without such nonessentials as heat, fresh vegetables or fruit, or healthcare. I think this whole discussion is a waste of time because 1) we won't do anything about it 2) we keep electing politicians who are owned by the corporations 3) keep nominating politicians who will be owned by the corporations 4) the process is self limiting. Keep enough people out of work and US corporations won't have anybody to sell to. We will end up like Russia, a hollowed out state run by gangsters and selling spam

  4. Re:727 whole jobs? The sky is falling! by Just+Brew+It! · · Score: 5, Insightful

    Going to an Ivy League school doesn't necessarily mean you're smarter; it just means your parents have a lot of money.

  5. Isn't this just a free market? by Anonymous Coward · · Score: 5, Insightful

    It's amazing how Slashdot's usual libertarian attitude to just about everything develops a strong protectionist bent as soon as American tech jobs are on the line.

    1. Re:Isn't this just a free market? by keeboo · · Score: 5, Insightful

      That's a fundamental truth:
      it's easy to have ideals, until it starts costing you.

  6. extinct - made in usa by Anonymous Coward · · Score: 3, Insightful

    how about starting by moving the manufacturing sector back to the USA, it will definitely create millions of more jobs (compared to a very few thousand in IT) leading to a flourishing middle class and turn the economy around like a miracle... when was the last time you saw something made in u.s.a.?

    Like the old saying goes - penny wise pound foolish, there are bigger things we should be worrying about..

  7. Why Is This So Fucking Complicated? by damn_registrars · · Score: 5, Insightful

    This system pisses me off greatly (and I am an American citizen, born in the US; but I have seen many good colleagues end up deported under this idiotic legislation). If a student from another country comes to the US to do their PhD, they will - on average in the hard sciences - be here for 4-7 years doing work for an American lab. That time they are doing important research, in our country, in English. Then when they finish, we give them an agonizingly short amount of time to get a work visa or leave. I am being far too kind to call this shortsighted on our part. If there was any law I could change in this country today, it would be this one. Students who come to the US for doctoral research should be, in my opinion, short-tracked for citizenship.

    And it is even worse if that student wants to visit their birth country while studying here or immediately after finishing. I know someone from an Eastern European country who did her PhD here and was told if she went back to see her family after finishing she would not be allowed back into the US for 6-9 months minimum. She has spoken English since she was about 3 years old. Why should we punish her for doing her research (and contributing to American science) here?

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Why Is This So Fucking Complicated? by e065c8515d206cb0e190 · · Score: 5, Insightful

      Because that's what the electorate wants. And most of the reactions on /. prove it.

      Note that I absolutely agree with you.

    2. Re:Why Is This So Fucking Complicated? by cowdung · · Score: 4, Insightful

      People are very anti-immigrant in the US (and elsewhere as well). Especially if the immigrants in question have dark skin.
      Sorry we haven't gotten over old prejudices so easily.

      US Science really took off when we imported all those Germans during and after WW2. This made the US the technological leader of the world.

      Maybe we shouldn't listen too much to old prejudices and do what is better for the country: attract the best minds, it doesn't matter what skin color they have.

    3. Re:Why Is This So Fucking Complicated? by hedwards · · Score: 5, Insightful

      It's one thing when the individuals are exceptional and quite another when they're just being used to depress wages for the rest of us. The whole point of the H-1B visas theoretically was to fill jobs which couldn't be filled domestically. The problem though is that companies like MS use it as a way of threatening applicants that if they don't accept less that they'll be replaced by people who are thrilled to make that much more money than they otherwise would make.

      There really isn't any racism involved with it. It would be totally different if the applications weren't based on a quota system but required the corporations to demonstrate that they couldn't find the qualified individuals after a good faith search.

  8. Re:hmmm by phantomfive · · Score: 4, Insightful

    Ya right dude, no one wants to do that kind of farm labor. It's not easy. Imagine climbing up and down ladders all day, moving your hands faster than you thought possible, picking cherries or something. And then at the end of the day getting paid almost nothing because you are too slow to keep up with everyone. That's how it starts out. After a month or so you get a lot better at it, your stamina goes up, and if you are lucky, you'll get paid $8 an hour. You can get as much on welfare and watch TV all day. I only did that kind of thing when I was a teenager and had no other skills (incidentally most of the other white teenagers I was working with got fired because the Mexicans are so much better workers. White teenagers have trouble focusing on work, sorry if that sounds racist, I'm not looking down on either race). Mexicans truly do the jobs no one else wants to do. If you have any skill at all, you can do better than picking cherries.

    Incidentally, most cities have places you can go to get day labor work. The WSJ did an analysis a few months ago of the kinds of jobs that are available now. They found that there are lots of jobs for unskilled workers, and lots of jobs for highly skilled workers (like programmers), but not much demand for medium skilled workers (like middle managers). And that matches my experience. If anyone is having trouble finding a programming job, it is because A) they suck, B) they have no clue how to find a job (one of my friends is like this: every time he goes in for a job interview he tells them he doesn't want to work hard. And yet he still has an ok job....at a university). or C) you are looking in the wrong place. You won't find many programming jobs in Modesto, California.

    --
    Qxe4
  9. It aint all about the money by buybuydandavis · · Score: 5, Insightful

    While foreign IT workers come cheap, I don't think that is the biggest draw.

    They are deportable indentured servants, who are dependent on their sponsoring companies for their right to pursue a visa and remain in the US. Companies like employees who will put up with anything, and not complain. I doubt that they have the same labor rights as citizens, and even where they do, are they going to try to enforce them against their sponsor? And how would they go about enforcing any rights they actually have after they've lost their right to live and work in the US?

    Importing labor doesn't just import a worker, it imports entirely new labor rules.

    But more importantly, don't think of a corporation and treat it like it is one entity with integrated goals.

    Sub contracting firms provide one big advantage - huge opportunities for kickbacks and corruption. If your company hires individual citizens, it's unlikely that kickbacks are paid, and they're certainly difficult to concentrate. Sure, friends, family, and former coworkers get hired, but that is more an issue of limiting risk through trust and knowledge. But if you subcontract a dozen positions to a head shop, the relationship with the headshop is now associated with a continuing revenue stream that is worth a good chunk of change, and those who make the decisions about the relationship with the head shop have concentrated power over that revenue stream.

    So if you're a crook and in a position of power to make the decision, do you want to hire a bunch of random citizens, or do you want to have a relationship with a head shop where a fat revenue stream is entirely dependent on your decisions of which head shop to choose?

  10. Re:H1Bs aren't cheap, don't take up American jobs by walterbyrd · · Score: 5, Insightful

    I don't think there is a single qualified and skilled American who is unemployed in sectors where H1Bs are applicable.

    You clearly do not know what you are posting about. I could introduce you to a woman who has twice had to train her H1B replacement, even though nobody denied that she was doing a good job. Now, she is unemployed again because her entire department was offshored - which is the end game to all this H1B non-sense.

    And in case you have not heard, US tech workers were laid off by the hundreds of thousands in 2009. Practically every major tech employer laid off thousands of US workers. And the USA is suffering it's worse unemployment since the great depression.

  11. Re:Scary aliens by walterbyrd · · Score: 4, Insightful

    There is a *constant* shortage of good people.

    I'm sorry, but the only explanation is that you don't want to pay enough. The idea of a *constant* shortage makes no sense. It defies the basic laws of economics.

    If there was a real shortages, then wages would spike up sharply (which has not happened since 1999 btw), that would attract more people to field, and everything would normalize.

  12. Re:No. It's the hypocrisy. by hedwards · · Score: 3, Insightful

    Indeed, this isn't like hiring illegal immigrants because you legitimately can't prove you need guest workers before the picking season is over. And quite another to do it because you don't like what the American candidates are demanding.

    Theoretically that's how the free market is supposed to function, if you're not offering enough pay and benefits to attract workers you have to either raise your offer or do without. None of this pulling in folks from over seas because you don't feel like paying a living wage.

    Considering that a lot of those firms are receiving tax incentives from the government to be here, it seems to be lacking any sort of gratitude for the perks.

  13. Re:hmmm by epyT-R · · Score: 4, Insightful

    and most american employers expect submissive, exacting, dress-code clique conforming 'team players' who simply accept whatever bone's thrown at them, who are also, paradoxically, brilliantly innovative 'go-getters' who actually care about their jobs.

  14. Re:hmmm by haystor · · Score: 4, Insightful

    A lot of these jobs aren't going based on skill. Sure, some of the H1B's are legit. But there are are lot of them out there like the two guys I trained who turned out not to be additions to the team, but my replacement at under $25 an hour. Now supposedly they have to be paid market rate, but they never are.

    You say develop the skill. What you should be saying is, "Develop the credentials (legit or not) and work for half as much even though legally you should be offered fair market value."

    You see the same thing competing against grad students in college. There is cheating on a massive scale in foreign countries to place students here as is easily evidenced by the large numbers that seemingly speak no English at all.

    Of course, those grad students typically pay full rates, so nobody will be kicking them out any time soon.

    --
    t