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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)."

19 of 436 comments (clear)

  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. 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.

  4. Ivy League schools... by mixed_signal · · Score: 5, Interesting

    ... probably aren't high on the recruiting list for IT and technology professionals. MIT, Carnegie-Mellon, U.C. Berkeley, Stanford, ... several state universities, and on down are where the action is for engineering and computer science. So clearly there are more "tech" jobs in the specialties where these schools are hiring, likely those requiring less education. The problem with this data is that it has no basis for comparison to how the visa program is actually changing anything.

    I had tried to recruit some talented MSEE grads for some time back in 2007 and found, frustratingly, that most were here in student visas and the pool of H1-B visas were much smaller. We couldn't count on obtaining an H1-B and had to turn down a few very talented people. And, no, at the time we did not find as many U.S. citizens available.

    A better data point would be to show the percentage of student visa holders that have remained the in U.S. with this program.

    And if anyone wants to complain about these programs taking jobs from U.S. citizens, then it should start by reducing the number of student visas on offer. Once someone is well trained by our schools it's insane to not let them stay and add to our GDP.

  5. 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 Anonymous Coward · · Score: 5, Interesting

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

      How about a middle ground: we eliminate H-1B (H-1B, not H1-B, and that's how I can tell you've never dealt with whatever they renamed the INS to after 9/11) and L-1 visas and start handing out green cards again?

      You wanna come here and sling code for us? Fine. But none of this six-years-of-getting-expertise-at-the-expense-of-our-corporations and then you're out (H1-B) unless you get an extension through one of these degree mills. That was the same problem with the H-1B program in the first place: a quota of ~65K, now ~130K, and they were also all filled by bullshit body shops from India.

      Those abuses happened because getting a green card takes years, and a company (and an employee) has to go through a year-long charade to demonstrate that "this furriner candidate isn't merely the best candidate for the job, we even tried to hire a lesser-qualified American but failed" (they call it a "Labor Certification"), and spend years more waiting for it to be approved, and years more for the green card to be granted, in order to get one.

      The root cause of the problem hasn't been fixed, so the old abuses continue under new names.

      So yeah, how about the compromise option: You come here, you pass the basic tests for H-1B ("Is this person qualified to do the work? Are they being paid the prevailing wage in their local area?"), you get a green card.

      In the time it takes to hire an H-1B and walk them through the green card process, and then the five extra years it requires them to become eligible for citizenship, most companies have sold out and shut down, never mind most positions.

      Give these alien bastards a shot at citizenship in exchange for 5 years of working here, and they might just sign onto that deal. (Even if what it means to "Be an American" has changed a lot over the past 5 years. If being an American means that when your boss tells you to do this to to a 13-year-old, you say "How hard?" instead of "Fuck you, Sir! I quit!", maybe it's not all it's cracked up to be.)

      Disclaimer: Lawful permanent resident who can renew once a decade for the rest of his life if he has to. Was considering naturalization until two weeks ago. If one - just one - of the tens of thousands of TSOs across this country says "enough", and quits in the next month, and goes public with his or her reasoning, I'll fucking file. If you're a TSO and you're reading this: Yeah, that's right, I'm not an American. So no, I don't know what it means to be an American. You are. Show me what it means. You're an American. Act like one.

    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

  6. 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.

  7. 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.

  8. 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 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.

  9. Tons of Openings by Corporate+T00l · · Score: 5, Interesting

    My company (a giant company that purveys giant software to giant customers) and my customers have a never-ending thirst for technical candidates who can speak and write good English, in a way that someone who barely passed TOEFL would not be able to handle.

    The question is not about how "those damn foreigners" are taking jobs away from "us". It's about how we can re-tool ourselves to consistently stay ahead and take advantage of our own unique abilities.

    Think about it, a good programmer isn't just writing code, he or she is also writing specs, writing documentation, and presenting the same. With good communication skills borne of many additional years communicating in English, a domestic candidate has a natural advantage over a foreign candidate. Plus, as people advance in their career and become either engineering managers or architects, what do you think they do more of? Communicating or solo coding?

    The irony is that what I see happen a lot is that the foreign colleague is far more eager to take on what might seem as a less desirable job. Nobody really likes to write 50 pages of specs today, even if they know that it's the specs and the author by-line on those specs that will get spread throughout the organization and live on for years, whereas code only gets unburied from source control where there's a bug. A person's brilliance is demonstrated in their English, less so in their C or Java. Somehow, even though everyone sees this, many people willingly give away this opportunity to a few who are eager for it. And it seems that those who should have a natural advantage, inexplicably, more often give away their edge to those who are less suited, but are hungrier and more eager.

  10. Re:Data viewer + entry must have been outsourced by FooAtWFU · · Score: 5, Interesting
    Also, the numbers involved seem hilariously small to me. Ooh, wow, 50 people went to work for J Random Outsourcing firm. I care because .... why exactly? I'm sure you could fill a small office building with these people. Scary.

    And even then, the real difference is probably going to be that most of them will be paying US income tax instead of Indian / Chinese income tax.

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  11. 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?

  12. 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.