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Senators Seek H-1B Cap That Can Reach 300,000

dcblogs writes "A bipartisan group of Senators is planning to introduce a bill that allows the H-1B visa cap to rise automatically with demand to a maximum of 300,000 visas annually. This 20-page bill, called the Immigration Innovation Act of 2013 or the 'I-Squared Act of 2013,' is being developed by Sens. Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.), and Chris Coons (D-Del.). It may be introduced next week. Presently, the U.S. has an H-1B visa cap of 65,000. There are another 20,000 H-1B visas set aside for advanced degree gradates of U.S. universities, for 85,000 in total. Under the new bill, the base H-1B cap would increase from 65,000 to 115,000. But the cap would be allowed to rise automatically with demand, according to a draft of the legislation."

605 comments

  1. Definition of a cap by Anonymous Coward · · Score: 5, Insightful

    So what the hell use is a cap that rises with demand?

    1. Re:Definition of a cap by geminidomino · · Score: 5, Insightful

      The same use as a "limited" copyright duration that extends on demand.

      I.e. it's a lot of use to the scumbags that purchase these laws.

    2. Re:Definition of a cap by tibit · · Score: 4, Interesting

      It's political lingo for removing the cap. You see, politicans know full well that people will buy whatever as long as the packaging is right. Thus the cap is, in reality, removed, but in words it remains.

      I wish they did that to green card caps, though.

      --
      A successful API design takes a mixture of software design and pedagogy.
    3. Re:Definition of a cap by ackthpt · · Score: 1

      So what the hell use is a cap that rises with demand?

      This is government.

      It raises its borrowing cap all the time.

      They're just trying out this idea in other fields.

      Watch out for when they start talking about a credibility cap - "We can lie this much..."

      --

      A feeling of having made the same mistake before: Deja Foobar
    4. Re:Definition of a cap by magarity · · Score: 4, Insightful

      So what the hell use is a cap that rises with demand?

      What the hell use are immigration laws when people circumventing them are pardoned and granted citizenship?

    5. Re:Definition of a cap by pla · · Score: 4, Informative

      I wish they did that to green card caps, though.

      Why bother? Not only won't they enforce immigration laws, they outright sue state and town PDs who attempt to do so to force them to stop.

      Visas? Immigration? Meh, c'mon in, apply for welfare, and retire. Only those of us dumb enough to work for a living as natural born citizens have anything to complain about here.

    6. Re:Definition of a cap by WrecklessSandwich · · Score: 0

      Why bother? Not only won't they enforce immigration laws, they outright sue state and town PDs who attempt to do so to force them to stop.

      Source?

    7. Re:Definition of a cap by kelemvor4 · · Score: 1

      Watch out for when they start talking about a credibility cap - "We can lie this much..."

      Unlikely to happen. The only people who would have to worry about such a cap would be the very ones to legislate such a cap.

    8. Re:Definition of a cap by jedidiah · · Score: 2

      The Feds most certainly enforce immigration law.

      Although they do get cranky when local jurisdictions try to do their own crackdowns.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:Definition of a cap by CrimsonAvenger · · Score: 2

      Why bother? Not only won't they enforce immigration laws, they outright sue state and town PDs who attempt to do so to force them to stop.

      Source?

      Arizona's S.B, 1070 might be a good place to start looking. The Feds argued before the Supreme Court that enforcing immigration laws was a Federal matter, and that States had no business trying to do so themselves.

      The Feds mostly won, but lost on what was probably the most annoying aspect of the law ("your papers, please").

      And several other States are having to go back to the drawing board to re-draft laws they want to put into place that would've mirrored the AZ law.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    10. Re:Definition of a cap by yurtinus · · Score: 5, Insightful

      Fighting the immigrants is the wrong battle. I'd much rather have that Pakistani born programmer be working here as a US citizen - protected by US labor laws and paid a competitive US salary than be "on loan" under an H1-B visa which his employer can use to depress the wages of his other employees.

      --
      +1 Disagree
    11. Re:Definition of a cap by hairyfeet · · Score: 5, Insightful

      Why? Our border is such a bad fucking joke you could just walk a bomb across the thing along with the dope and slaves brought over it annually, they won't do shit about the scumbag companies that will hire Paco for $3 an hour and make him work in unsafe conditions (and don't give me that "Paco only takes jobs Americans don't want" horseshit, in my area construction USED to be a way a guy who wasn't cut out for college could feed his family. Now you can drive by any site and yell "Immigra!" and watch them scatter like fucking deer and guess who gets stuck for his care when the scumbag contractor puts his ass on a rickety ladder in high winds and he fucks himself up? That would be YOU through higher hospital bills) and they have completely wiped out several professions. Being an IT worker USED to be a good job but between H1-Bs and offshoring I wouldn't recommend my worst enemy go into IT now.

      The whole thing is a fucking scam that becomes a self fulfilling prophecy as degrees cost us a high 5 digits to get yet they expect us to "compete" with some guy that paid like $5k for HIS degree (if he even has one, so many of those body mills just lie their asses off, you could ask for somebody with 40 years of .NET and they'd send someone right over) so nobody with a functioning brain will go into those fields because they see it ends up 400 guys competing with each other for one fake job ( see this video for examples. Once you know what to look for you can check your local paper and will find dozens if not hundreds of fake jobs) so the bloodsucking leech of a corp goes "See? We can't get somebody with a dozen degrees to work for less than the guy that cleans puke at the Chuck E Cheese so we NEED more green cards and H1-Bs! Sob!" and write a fucking check to our joke known as "public servants" and there you go, the systematic gutting of the American middle class.

      Remember the words of Thomas Jefferson who could see this stuff was coming: "Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains."

      --
      ACs don't waste your time replying, your posts are never seen by me.
    12. Re:Definition of a cap by LordLimecat · · Score: 0, Troll

      Forgive me, but I dont really understand why people in this country deserve jobs more than people in another country, particularly if theyre more skilled or asking for less money.

      Its funny because as a conservative I regularly get accused of hating workers, or loving the corporations, or hating immigrants, but really I just think of all the friends I have who are here on visas, and have to ask, "why do I deserve a job more than them, particularly those with better degrees than I?"

      It seems to me that a more "open" workforce market can only be a good thing if it breaks down the barriers that allow companies in India, China, wherever to offer work for a pittance, when those workers can just go to another country and get a better living wage.

    13. Re:Definition of a cap by magarity · · Score: 2

      If you think H1-B visas hurt US technical wages, look up the L visa and prepare to be outraged.

    14. Re:Definition of a cap by LordLimecat · · Score: 1

      You werent paying attention with the whole "Arizona wants to check your immigration status" episode, were you? Or when Obama specifically said he was "deprioritizing" the enforcement of immigration law on certain groups?

      The current atmosphere is to try to minimize enforcement of immigration law while things are "worked on", or at least that is how it seems.-

    15. Re:Definition of a cap by AK+Marc · · Score: 1

      They should completely remove the cap, but put the cost of employing an H1-B worker at the cost of training a high school graduate to the position filled.

    16. Re:Definition of a cap by LordLimecat · · Score: 1

      Agree with all of the above except granting citizenship rights. There is something to be said for requiring those with citizenship rights to actually be invested long term in the well-being of the country.

    17. Re:Definition of a cap by h4rr4r · · Score: 4, Insightful

      If you could get Inda and China to let me compete for jobs there I would agree. Otherwise we are just being cheated. Once again free trade is used to screw anyone who is not a CEO.

    18. Re:Definition of a cap by AK+Marc · · Score: 1

      An idea pioneered by Republicans trying to buy Hispanic votes.

    19. Re:Definition of a cap by LordLimecat · · Score: 2

      I dont think the workers from poorer countries think they are being screwed. I mean, from the standpoint of what they could be making, maybe, but from the standpoint of what they were making, not really.

    20. Re:Definition of a cap by khallow · · Score: 1

      If it rises in cost, then the cap can still make sense. For example, I've always advocated "soft caps" on pollution credits (in the context that there's a market for trading these credits) where one can buy an arbitrary number of credits, but the costs go up as the number of credits are increased.

      I doubt any similar mechanism is being used here. Instead, it seems to be intended as a stealthly way to increase the H1-Bs substantially.

    21. Re:Definition of a cap by coldfarnorth · · Score: 1

      Wrong question! Try this: Why the hell do we have laws that keeps hardworking individuals from entering the US, contributing to our GDP, and paying taxes? (If they want to live on a shoestring and send our currency abroad, so much the better . . .) We should be repealing these things post-haste.

      (Maybe we could do an exchange program - send out lazy american kids in exchange for hardworking foreigners.)

      --
      Lets start refering to The War Against Terror by it's initials. . .
    22. Re:Definition of a cap by WrecklessSandwich · · Score: 1

      I want a news article showing the government suing a town's PD like he claimed.

    23. Re:Definition of a cap by Anonymous Coward · · Score: 3, Informative

      Because turn about is fair play. Try going to one of those countries that "your friends" are from and getting a job.
      Good luck with that. The vast majority of other countries do not allow non-citizens to get jobs at all.

    24. Re:Definition of a cap by bmo · · Score: 4, Insightful

      Your corporate bootlicking is disgusting.

      Arguments like yours are based on the assumption by Milton Friedman and his ilk that jobs are just as fungible as money, and that it's *your fault* that your price is too high by your simply living in civilization. You are being forced into a race to the bottom. Races to the bottom have no winners.

      --
      BMO

    25. Re:Definition of a cap by doubledown00 · · Score: 5, Interesting

      It seems to me that a more "open" workforce market can only be a good thing if it breaks down the barriers that allow companies in India, China, wherever to offer work for a pittance, when those workers can just go to another country and get a better living wage.

      ----

      1) Why should I care about the "barriers" and wages of other countries when there are people unemployed and starving here?

      2) Why should we help these other countries reform their own labor practices at our expense?



      The H1-B is suppose to assist companies in filling gaps when the local labor pool cannot provide. It was *intended* to be an "America First" solution. Instead it has been co-opted as a way to keep labor costs down rather than paying IT talent what the market demands.

    26. Re:Definition of a cap by JDG1980 · · Score: 5, Insightful

      Forgive me, but I dont really understand why people in this country deserve jobs more than people in another country, particularly if theyre more skilled or asking for less money.

      You know why members of Congress are called Representatives?

      Because they're supposed to represent us. They are supposed to stand up for our interests. Not because Americans are somehow cosmically more worthy than non-Americans, but because it's our fucking country and it is supposed to be run for the benefit of "ourselves and our posterity."

      If Indians want good stuff then they have their own democratically elected government to go to. I expect the Indian government to put the interests of Indians over the interests of Americans, but likewise I expect the U.S. government to put the interests of Americans over the interests of foreigners.

    27. Re:Definition of a cap by GoogleShill · · Score: 3, Interesting

      ...they won't do shit about the scumbag companies that will hire Paco for $3 an hour...

      I truly believe that cracking down on this alone will solve 90% of the immigration problem. If it becomes too risky for companies to hire illegals, there is less incentive to come here illegally and more jobs go to tax-paying Americans. Instead of spending billions on a wall, we could just send feds out to every construction site and fine the living shit out any company who is taking advantage of the system by hiring illegals. The system would pay for itself in short time.

    28. Re:Definition of a cap by Anonymous Coward · · Score: 2, Insightful

      In your logic, everyone who came to the US as an immigrant was in a race to the bottom.

    29. Re:Definition of a cap by Anonymous Coward · · Score: 2, Insightful

      Arguments like yours are based on the assumption by Milton Friedman and his ilk that jobs are just as fungible as money

      By definition they are, or we wouldn't be having this discussion. Jobs go where they can be done cheapest, and will continue to do so. Sure, you can build an Iron Curtain around America and refuse to let anyone in or jobs out, but that didn't so the last lot of Commies much good either.

    30. Re:Definition of a cap by Anonymous Coward · · Score: 5, Informative

      Try to get a programmer job in India. You will politely be informed that Indian jobs are for Indians.

    31. Re:Definition of a cap by Anonymous Coward · · Score: 1

      How about not having the program at all? We've tons of unemployed that would be able to fill the jobs... Oh, not for the slave wages they want to pay, but if they'd stop to think about not being quite so rapacious with profits...maybe they could do well all the same on things.

    32. Re:Definition of a cap by Anonymous Coward · · Score: 0

      I wish they did that to green card caps, though.
      Why bother? Not only won't they enforce immigration laws....

      Well, maybe some immigrants aren't looking to be illegally working on a tomato farm for 5 USD per hour :)
      Maybe some immigrants come from well functioning countries, but immigrate to the US for an interesting job offer, women or whatever...

    33. Re:Definition of a cap by Kelbear · · Score: 4, Interesting

      My co-worker came here from the phillipines on a work visa. The money she made here was decent, but great considering that it's getting sent home to her family where a dollar has more mileage. Got diagnosed with terminal lung cancer at 27 (she didn't even smoke).

      She didn't even say anything to anybody. I almost complimented her on managing to stay so trim. Needless to say I was pretty surprised when she suddenly died over the weekend at age 29. d

      That's a crazy kind of work ethic, not even taking a day off from work for TERMINAL CANCER. I don't even know what my point is here, I'm just a bit daunted by the concept of working to death.

    34. Re:Definition of a cap by Bengie · · Score: 1

      It's a "war" you'll never win. You're better off accepting them and taxing them. What do you plan on doing them anyway? Send them to prison where it costs us $60k/year to house them, let them work tax free and force them into an underground world of drugs, violence, and gun trafficking?

      In the real world, desperate people will do ANYTHING to survive. Making something illegal won't stop someone who has a will to live.

    35. Re:Definition of a cap by judoguy · · Score: 2
      They don't seem to give a crap when local jurisdictions subvert immigration law in the other direction.

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

      --
      Peace is easy to achieve, just surrender. Liberty is much harder get/keep.
    36. Re:Definition of a cap by torkus · · Score: 5, Insightful

      Thank god someone with a brain saved me the trouble of writing that out.

      We seem to be the only country more interested in making everyone besides ourselves (assuming you exclude corporate 'personas') happy...at our own expense.

      Unemployment remains high, jobs are not particularly easy to come by for many, pay is lower than it should be, companies are cutting jobs and marginalizing other work, and so on. Do we really need to add another several hundred thousand jobs for non-citizens where the majority of the money will simply leave the country? Other than serving corporate greed, it does nothing to help our country. Tax them at 50% and put that money into training for US citizens.

      Honestly with where unemployment is right now, the whole program SHOULD have been terminated. Those Representatives should consider who they represent these days.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    37. Re:Definition of a cap by man_of_mr_e · · Score: 4, Informative

      First, the countries economy depends on its citizens having jobs. If you, instead, give those jobs to non-citizens, then you hurting the economy.

      Most people here on H1B's send a large amount of their salary back home. That means that the money paid to them is leaving our economy, and instead propping up other economies.

      I have no problem with immigrants getting jobs, because immigrants are here permanently. H1B's are temporary visas, with no intention of becoming permanent citizens (although many do find ways to convert).

      We don't have enough jobs for all our IT workers as it is, we don't need to be importing more unless there isn't anyone here that can fill the role.

    38. Re:Definition of a cap by PacoSuarez · · Score: 1

      I went through this ridiculous process to get my green card. I had been working for my company for 6 years with an H1-B visa. I am a smart guy, I get along with everyone in the group, I know the system we work on in and out. I haven't seen the adds they ran, but I wouldn't be surprised if they looked like what's described in that video. Why would the company be interested in firing me and hiring someone else that comes with huge uncertainties and with months of training to get up to speed?

      It gets even more ridiculous than what's in that video. Over the years, immigration lawyers have learned what requirements they can get away with listing in the add. For instance, I have a M.S. degree, but they couldn't list it as a requirement because I am not a manager. Of course there is no connection between being a manager and having a M.S. degree, but I guess this makes sense if you posses a lawyer's brain.

      There are two things that don't match your story, though:
        (1) My salary is not low by any standards.
        (2) The company has hired people that responded to these "fake adds", because the scarcity of good candidates is real. They just had to come up with some excuse why the candidate wasn't qualified for that specific job, and then offer him a different job.

      It's all a strange dance, where the government knows and understands what the company is trying to do and why, but the government has to keep the appearance of being protecting the U.S. workers. The solution is to stop requiring these ridiculous adds.

    39. Re:Definition of a cap by sjames · · Score: 1

      It's the nature of the H-1B that is the problem. If someone wants to come here and work with a green card, I'm OK with that. I have a problem with giving employers as much power over an employee's life as they get with H-1Bs. It degrades working conditions and depresses pay for everyone here as well.

    40. Re:Definition of a cap by torkus · · Score: 4, Insightful

      Mod me troll or flamebait but it has to be said...

      Seriously? You want to see a "news article showing the government suing a town's PD" regarding immigration? For fucks sake. Google 'news article showing the government suing a town's PD + immigration' and hit the I'm feeling lucky button.

      Yeah. First link. Was that so hard? I mean, if you're going to take a position and argue something at least make a *SLIGHT* attempt to know what you're talking about.

      Related to the discussion, I think it's ridiculous that there are laws on the books which 'can' only be enforced by certain agencies who are quite intentionally being extremely lax in enforcing.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    41. Re:Definition of a cap by Anonymous Coward · · Score: 0

      I don't. My objection to H1B visas is that the employee amounts to an indentured servant. Having the ability to import labor at below market cost, who lack the ability to freely move between jobs and negotiate for a better salary distorts the job market. Why not just add that many unrestricted visas for skilled labor?

    42. Re:Definition of a cap by Anonymous Coward · · Score: 1

      Greed drives those who oppose the lifting of the H-1B cap just as much as it drives those who want it lifted.

      Everyone prefers to have more when having more is an option. If you are truly honest with yourself, you know that you seek legally-enforced advantage over your fellow man, just as your employers do.

      If you want those foreign programmers to continue living on the paltry salaries they can pull at home, so you can live on the much higher salaries you can force the rich to pay you at your home, then you must do the same thing your potential employers are doing: use your political power to make the laws favor you over others.

      Good luck.

    43. Re:Definition of a cap by Trailer+Trash · · Score: 4, Insightful

      I doubt Friedman would have looked positively on this. I'm a libertarian, and I'm totally against this. It's interfering with a market. There will always be "more demand" because they'll just drive wages low enough that no American will want the jobs.

      This isn't the free market at work. The free market raises wages when there's a labor shortage. No, this is crony capitalism, a very different beast.

    44. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Given per-capita representation, I wouldn't call the US Fed government very representative. Do you know your rep? Have you met him/her? Are you laughing at the mere idea of this?

      P.E.I. is a small island province in Canada which has the highest per-capita representation in the country. It is commonly thought that the reason their voter participation is 10-20% higher than national average is because everybody knows an MP or has a friend who knows an MP. More people vote because they believe their voice is heard.

    45. Re:Definition of a cap by tibit · · Score: 4, Interesting

      I'm not a citizen and yet I not only work, but I pay taxes and, oh horror of horrors, I invest all my money here. And please, cut the BS about not enforcing immigration laws. If my status were to lapse for some reason, they'd be knocking on my door and kicking me out of the country within a couple of months. There is a big difference between an undocumented immigrant, and one who has a long paper trail behind him. Protip: the latter are easy pickings.

      But I don't completely blame you on not having much of a clue of how immigration laws are enforced, because if you asked me anything about immigrating into the countries I am a citizen of, you'd get a blank stare as I never had to deal with any of it. My only beef is that it you're not clever enough to realize that you have no clue what you're talking, nah, spewing about.

      Besides, you can't really have, effectively, three different sets of laws (federal, state and local), and expect that it'd be OK for the local police to enforce it all. Either there is a need for FBI and state police, or there isn't, you can't have it both ways. Now it is of course a thing to discuss whether we need all those three layers of policing to begin with.

      --
      A successful API design takes a mixture of software design and pedagogy.
    46. Re:Definition of a cap by WrecklessSandwich · · Score: 1

      The burden of proof is always on the person making a claim. I'm not even taking any position at all.

    47. Re:Definition of a cap by tibit · · Score: 1

      And it be better than the Feds would win! Otherwise you might as well disband the FBI and the state police - country sheriffs and city cops would be enough.

      --
      A successful API design takes a mixture of software design and pedagogy.
    48. Re:Definition of a cap by Anonymous Coward · · Score: 0

      The problem, in the grand scheme of things is that raising the cap is admitting the country is intellectually deficient/lazy/scumbag-welfare-cheats, but allowing more intelligent people into the country also upsets things. Take a look at California and NY, the two largest destinations for immigrants, and how well aligned they are with Democrats.

      Like if the US really wants to get a handle on immigration, they need to solve the reason why Americans don't want these jobs.
      - American-style management staff are slave drivers, often following a "burn out the employee, replace with a fresh one" motto
      - Liabilities gone mad. Nobody wants to have a job where they must have all the blame and none of the ability to do anything about it.
      - Education must be Free (or at least affordable to everyone who seriously wants it.) No more half-million dollar degrees in anything.

      The private sector also has to follow suit and stop making Education just another way to profit. Most of these for-profit schools are just large pyramid schemes on slowly sinking foundations. Ever notice how all the people who work for a private school, graduated from the same one? Nice job prospects, teaching what you learned to the next sucker.

      So, to solve the immigration issue:
      Just tie Visa requirements to housing and benefits access, not jobs. People do not need to live in the most expensive cities in the country when the job is done entirely on the computer and can be done from home. If someone wants a US job, they only need to either OWN property or renting from a US Citizen/Company Landlord. They will be required to finance their own situation and must leave the country should they no longer be able to afford to live in the US. It's that simple. This would stop punishing "illegals" and instead allow them to operate legitimate businesses, and not have to work under the table/risk-of-deportation. Benefits programs must be run by the country for which the person is legally a citizen of.

      If people want to come to the US to do jobs US-citizens don't want, then let them. All these wannabe-MBA's got to manage something. Likewise, there are plenty of people who don't want/need a job in the US and can live just fine off their own skills (actors, programmers, artists, singers, etc) and just want to leave whatever (seasonal) hellhole they came from. This includes nice places like UK and Canada which become frozen wastelands for a few months of the year.

      Once you see legitimate mobility in the populace, people will just move to where the jobs are, and move back when the jobs aren't. Or maybe someone only wants to work in the US during the summer, every summer. Maybe there's a convention circuit to do, and it's a huge pain in the ass to deal with immigration every time.

      The point is, if someone is paying to live in the country, they should be able to work in the Country. That's more money that stays in the US.

      If all countries had open borders, what you'd see is population exchanges between the US, Canada, Australia, UK, among the English speakers, for months/years at a time, not not a lot of permanent exchanges.

      All countries immigration policies have not kept up with technology. It's now possible to outsource any computer-based job anywhere on the planet. Not everyone who wants to live here, necessarily needs a US job. They could keep their original jobs.

    49. Re:Definition of a cap by halltk1983 · · Score: 1

      Much like the debt cap and the migrant worker caps. Those exist and get moved when it benefits those in office, just like the credibility cap would.

      --
      Watch for Penguins, they eat Apples and throw rocks at Windows.
    50. Re:Definition of a cap by tibit · · Score: 1

      Yep. As you alluded, it's not true that the atmosphere is uniformly to "try to minimize enforcement of immigration law". The atmosphere is that the law is pretty much dialed to 11 for people who are pursuing the stay here legally and have a paper trail, and dialed down for people where you don't even know who they are. It is, pretty much, entirely opposite of what it should be. The way things are promotes bureaucratic laziness and weight-throwing. I'd be all for a situation when folks who bother to hire an immigration lawyer and have everything in order were treated a bit better at least until the undocumented immigration issue is somehow sorted out, if there were ever a way to do so.

      --
      A successful API design takes a mixture of software design and pedagogy.
    51. Re:Definition of a cap by frank_adrian314159 · · Score: 4, Insightful

      I'm just a bit daunted by the concept of working to death.

      Don't worry, if things like this law keep happening, you'll get a chance to try it for yourself.

      --
      That is all.
    52. Re:Definition of a cap by AdamStarks · · Score: 0

      Races to the bottom can have winners. India and China, in this case.

    53. Re:Definition of a cap by tibit · · Score: 2

      All I know is that way too many of legal U.S. contractors are lazy bastards, and the only people who seem to be willing to do any real work are illegal immigrants. It's not even about taking jobs the citizens don't want, it's simply that the citizens seem to be useless. At least that has been my experience. With one exception, every legal contractor I had to deal with turned out in the end to be a piece of lying, lazy scum. The presumably illegal mexican crews hired by some companies were the only ones doing good work, doing it quick, and not leaving a mess afterwards.

      I have seen a similar situation when it comes to engineering. People with sufficient experience simply prefer not to take on jobs than to do them for less than some astronomical rate that doesn't make sense and never really did, even in Apollo heyday. And those who did take on the jobs would produce crap that had to be redone.

      --
      A successful API design takes a mixture of software design and pedagogy.
    54. Re:Definition of a cap by tibit · · Score: 1

      Many H1-B workers did in fact get educated here. Certainly most I know of, although that's probably not indicative at all of the greater H-1B population.

      --
      A successful API design takes a mixture of software design and pedagogy.
    55. Re:Definition of a cap by TheSync · · Score: 1

      They don't seem to give a crap when local jurisdictions subvert immigration law in the other direction.

      The enforcement of immigration rules is the exclusive domain of the federal government since 92 U.S. 275 (1875)

      The powers which the [California] commissioner is authorized to exercise under this statute are such as to bring the United States into conflict with foreign nations, and they can only belong to the federal government.

      It should be noted that before 1900, there were many states where non-citizens could legally vote.

    56. Re:Definition of a cap by cusco · · Score: 1

      Don't know the two Dems, but when I saw that Hatch and Rubio were involved I knew it was going to be bad before reading the rest of the summary.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    57. Re:Definition of a cap by Anonymous Coward · · Score: 0

      TLDR version: I'm a moron and have no idea what I'm talking about.

    58. Re:Definition of a cap by plover · · Score: 4, Informative

      ???

      As an American, it would take me less than two weeks to get a visa approved to work in India. That's because the tax rate on foreign workers is 34%. Throw the VAT on top of that, plus living expenses in an ex-pat community, and not very much money would leave their country.

      Unlike the H-1B, which U.S. companies use primarily to bring in cheap labor, India is very interested in importing skills they can learn from, especially American English teachers or technical mentors. You would not believe how eager they are for such people. They recognize that their global position as a "low cost country" is only temporary, and will ultimately dwindle as more of their population shifts out of poverty and they become more expensive. They're taking full advantage of the opportunity now so when the Western money dries up they'll have a better trained workforce.

      --
      John
    59. Re:Definition of a cap by morgauxo · · Score: 1

      Because the world is full of people willing to work very hard for very shitty wages. A couple of generations ago, workers fought hard in this country to get a decent lifestyle in return for the work that still made the executive chair-warmers filthy rich. Now the markets have opened up to the world and people that have not and will not do this are undercutting jobs.

    60. Re:Definition of a cap by cusco · · Score: 1

      Really have no idea what you're talking about, do you? Illegals can't apply for welfare. And retire? On what? Even though they'll pay for Social Security their entire working lives it goes to the person whose number they're using. They'll never see a penny of it. You need to turn off Fox News and go meet some real people.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    61. Re:Definition of a cap by morgauxo · · Score: 4, Insightful

      You know why they call it a Representative Democracy? Because you are supposed to be electing the people that will represent you. Stop re-electing these asshats America!

    62. Re:Definition of a cap by Archangel+Michael · · Score: 1, Insightful

      Your post is a nice contrast to the entitlement so many Americans (and westerners) have about their life and jobs. The dedication to family and society is part of the Filipino culture that it really stands as a stark contrast to American Culture. AND we are less off because of that aspect of our culture. We American (and westerners in general) have no real concept of extended family clans any more.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    63. Re:Definition of a cap by Fritzed · · Score: 1

      It is a contributing factor to a convoluted system that makes it harder for Americans to get jobs and harms our economy. When a corporation can get an employee for a lower cost, they will do so. What is not taken into account is the costs that went into training that employee. These are skilled positions that we are talking about, so the employee would have needed college education. Now look at the cost of an education in the United States. Graduates here cannot afford to take a job for the same low pay as someone that had a government subsidized education, as exists in many other countries.

      Another factor is the flow of money. People coming here for these jobs are not immigrants. The money that they make is largely flowing out of the country. It is hit by income tax, but once it flows out of the country it is gone. Money earned by a citizen is generally put back into the economy which benefits other business sectors. This is something that our representatives should consider. We don't have a one-world taxation system, therefore, we cannot have a truly level one-world employment system.

      I could go on with more examples, but the underlying problem isn't the individuals coming here for the jobs, but the long tail effect that they have on the economy.

      --
      Spooooon!!!!!
    64. Re:Definition of a cap by cusco · · Score: 2

      Tyson Foods would never stand for it. They've gotten caught, repeatedly, paying truckers to bring mojados in to work in the Midwest chicken processing plants. It's not because there is a shortage of rednecks willing to be bathed in guts and blood for crap wages, it's because when an illegal gets injured rather than call their worker's comp insurance company they can call La Migra and he gets shipped back to Mexico on the taxpayer's dime. The savings are enormous, and the past fines amounted to less than half of one month's savings on just the people they were caught employing.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    65. Re:Definition of a cap by Vancorps · · Score: 1

      It sounds so simple doesn't it? Then you realize that you're taking income away from the illegal immigrants that actually want to work and force them either into crime or plunge them further in poverty creating a new set of problems. Also, do you have any idea how many construction sites there are and that they come in all shapes and sizes from the home owner hiring a Mexican to build him a deck to a giant megacorps hiring hundreds to build a warehouse. By the time you hire enough inspectors to hit every site you've wasted even more money.

      Immigration reform is a very complex issue, distilling to something simple will always mean that you leave out important details. Without a path to citizenship there is no way out of the situation at hand.

    66. Re:Definition of a cap by LordLimecat · · Score: 0

      Your corporate bootlicking is disgusting.

      What makes you think I care in the least about whether it helps or hurts the corporation? My questions are centered around the question of who deserves to work where, and what justification there is for saying "this person may not work in this country because he was not born here".

      I had thought generally it is recognized that competition in general allows inequalities to be balanced out, and yet people are defending the idea of setting up barriers to who can work where. I am simply asking for an explaination, and yet somehow you (and the mods) feel it appropriate to call me names? Im not "arguing a point" as much as asking for a "please defend your position".

      You are being forced into a race to the bottom. Races to the bottom have no winners.

      Why must it be a race to the bottom? Wages in the US have not been on an inevitable downward march, they have fluctuated over time. There are various ways to combat what you suggest that can even the balance of power between worker and employer.

      But absolutely I think it is hard to justify that you should prevent someone from another country from entering your job market so that you may continue to make $85k / year whilst he makes $15k / year (all currencies being equal). No, im not socialist, or OWS, or any of that, I just have friends from a number of these countries and have never been able to adequately justify these restrictions.

    67. Re:Definition of a cap by Gr8Apes · · Score: 2

      Self-preservation drives those who oppose raising H-1B caps. Look at the current unemployment rate and number employed, and then tell me with a straight face that there aren't people who would work for lower wages here already. There is no wage pressure from lack of employable labor.

      --
      The cesspool just got a check and balance.
    68. Re:Definition of a cap by Sir_Sri · · Score: 1

      That is a polite way of saying you clearly don't know how much in bribes an indian guy had to pay to get the job, because you aren't offering up that amount the right way.

    69. Re:Definition of a cap by atriusofbricia · · Score: 2

      I admittedly have mixed feelings about such things. However, I can't help put point out that such a move will likely gut the IT industry of anything but jobs at the very top and the very bottom. I've been at companies where most of the staff was on H-1Bs. They were and are my friends this is true. However, that doesn't change the fact that the company in question and others was hiring them not because of the stated "we cant' get Americans for these jobs!" but because they were cheaper and beholden to the company. Period. I also don't want to imply that they sucked or were unqualified. They were no more or less qualified than the average domestic person. But they were cheaper for certain.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    70. Re:Definition of a cap by Archangel+Michael · · Score: 1

      Our colective voices cannot be heard, because we have lost something moving from local to state to federal control of law. As the power shifts away from us, our voices count less and less.

      IF you want to fix this, then change the election laws. Make it so that only Citizens can contribute to campaigns, and only for campaigns to which they can vote. Corporations can still spend money on their candidates, but must be done idependantly (apart from any coordination with a campaign). Prevent PACs from raising money on behalf of candidates.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    71. Re:Definition of a cap by bmo · · Score: 2

      >By definition they are,

      Can you pick up tomorrow and go to Norway?

      People are *not allowed* to migrate at will. If you have a DUI conviction, you can't even visit Canada.

      --
      BMO

    72. Re:Definition of a cap by LordLimecat · · Score: 0

      Its not really debateable that if you allow historically lower-paid individuals to enter a higher-salaried job market, the average salary will fall. One would expect it to reach a middle ground somewhere.

      But Im not understanding why we should prevent that scenario, so that we might make more money and they less, simply by merit of where everyone happened to be born.

      Here I thought the rallying cry of the masses was "help the 99%; and here we are, 95th percentile in world wealth, and we're bitching about jobs and the fact that poorer immigrant workers might actually have a shot at rising above the US's poverty level.

    73. Re:Definition of a cap by moeinvt · · Score: 1

      "I dont really understand why people in this country deserve jobs more than people in another country,"

      It's not a question of who is more "deserving" of a job. The government of this country should be implementing public policy that is in the best interests of the citizens of this country.

      In my opinion, government policy which expands the size of the labor force through immigration is bad policy when the country is experiencing a period of persistently high unemployment.

    74. Re:Definition of a cap by Sir_Sri · · Score: 1

      It means the law has to be revisited when the 300k cap is hit, rather than listening to complaints every year.

    75. Re:Definition of a cap by Anonymous Coward · · Score: 0

      You forgot to mention that there is serious talk about moving the retirement age to 70. Kids are complaining that Baby Boomers are dying fast enough; how does this help?

    76. Re:Definition of a cap by Gr8Apes · · Score: 1

      And this would be bad?

      --
      The cesspool just got a check and balance.
    77. Re:Definition of a cap by bitt3n · · Score: 1

      First, the countries economy depends on its citizens having jobs. If you, instead, give those jobs to non-citizens, then you hurting the economy.

      Not if those non-citizens create more jobs than they take up. If hiring a bunch of foreign engineers is the alternative to not hiring any additional staff, and those engineers are productive enough that the company that hired them then hires a bunch of lawyers, secretaries, janitors, and so forth, you're not hurting the economy. Of course this only works if there is a scarcity of local talent willing to do the job at a price that leaves room for profit.

      Naturally it is in the interest of local engineers to claim there is no such scarcity, just as any profession likes to see its numbers remain low in order to boost wages. I would argue that the optimal number of engineers is such number that an additional person entering the field would create no net gain for the economy. I have no idea how to figure out what that number is, but the idea that it happens to be that which exists in the country without this modification to the H1B program seems non-obvious. Who knows? Maybe it's lower.

    78. Re:Definition of a cap by atriusofbricia · · Score: 1

      I wish they did that to green card caps, though.

      Why bother? Not only won't they enforce immigration laws, they outright sue state and town PDs who attempt to do so to force them to stop.

      Visas? Immigration? Meh, c'mon in, apply for welfare, and retire. Only those of us dumb enough to work for a living as natural born citizens have anything to complain about here.

      Point of order. They only do that kind of "inviting" for those groups likely to be politically useful. Those who are more likely to be less politically useful have to go through hell and half of California to get here.

      Or to put it another way, they don't bother to correctly enforce land border security but will stringently enforce air and sea borders (except for those coming from Cuba). You wouldn't believe what it takes to come here legally if you can't just walk across the border.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    79. Re:Definition of a cap by Fritzed · · Score: 1

      Why bother? Not only won't they enforce immigration laws, they outright sue state and town PDs who attempt to do so to force them to stop.

      Source?

      Arizona's S.B, 1070 might be a good place to start looking. The Feds argued before the Supreme Court that enforcing immigration laws was a Federal matter, and that States had no business trying to do so themselves.

      The Feds mostly won, but lost on what was probably the most annoying aspect of the law ("your papers, please").

      And several other States are having to go back to the drawing board to re-draft laws they want to put into place that would've mirrored the AZ law.

      So your complaint is that an unconstitutional law was blocked. Even if I believe that this somehow increased the number of immigrants, we are talking about unskilled labor doing jobs you would probably consider yourself too good for.

      Visas? Immigration? Meh, c'mon in, apply for welfare, and retire. Only those of us dumb enough to work for a living as natural born citizens have anything to complain about here.

      How about this part? Show me the evidence of illegal immigrants getting welfare without being prosecuted.

      --
      Spooooon!!!!!
    80. Re:Definition of a cap by bmo · · Score: 1

      > One would expect it to reach a middle ground somewhere.

      If you look at supply and demand curves, once you have an infinite supply, the price of an item (in this case the now-limitless H1B qualified jobs, because the "limit" is now just a fig-leaf) reaches zero.

      You failed macroeconomics 101, didn't you?

      --
      BMO

    81. Re:Definition of a cap by LordLimecat · · Score: 0

      I hear the guys in the FoxConn plants can empathize, and they do so for less than the average US unemployment check.

      Apparently Im a corporate bootlicker for thinking the entire scenario is grossly unfair, and that everyone cries bloody murder when we dare to let a few of them have a crack at "livable wages" that dont involve 100-hour work weeks.

    82. Re:Definition of a cap by bmo · · Score: 1

      No, they will be victims in the next race to the bottom.

      The problem with races to the bottom is that there really isn't one until you hit zero and people go broke.

      Then out come the pitchforks and guillotines.

      --
      BMO

    83. Re:Definition of a cap by LordLimecat · · Score: 1

      Because turn about is fair play. Try going to one of those countries that "your friends" are from and getting a job.

      Now, is that the fault of the workers, or their governments?

      Is it possible that if we opened up, and wealth started improving globally, that people over there might be incentivized to try to improve things?

    84. Re:Definition of a cap by atriusofbricia · · Score: 2

      Yep. As you alluded, it's not true that the atmosphere is uniformly to "try to minimize enforcement of immigration law". The atmosphere is that the law is pretty much dialed to 11 for people who are pursuing the stay here legally and have a paper trail, and dialed down for people where you don't even know who they are. It is, pretty much, entirely opposite of what it should be. The way things are promotes bureaucratic laziness and weight-throwing. I'd be all for a situation when folks who bother to hire an immigration lawyer and have everything in order were treated a bit better at least until the undocumented immigration issue is somehow sorted out, if there were ever a way to do so.

      This! This! Ten thousand times this!

      When we were trying to get my wife here and people around me learned just what a hate storm that was I lost track of the number of times people joked that I could just sneak her across the southern border and it'd be a hundred times easier. Getting her there would have been hard but yes, once across things would have been easy(ier).

      And then when Obama came out and said that they were going to make it easier for families who were separated by immigration status to be together I was happy for half a nanosecond. Until I realized what that meant and was able to confirm it. The new program was only for people who had gotten here illegally. People like us trying to do it legally were just told to suck it up and wait as the new program increased our delays.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    85. Re:Definition of a cap by phantomfive · · Score: 0

      WTF are you talking about. He made a factual statement, one that can be simply tested by surveying workers from foreign countries. You responded with nothing but ad hominem.

      Thus you are an illogical idiot who is blinded by your ideology. Learn logic so you can at least come up with reasonable arguments.

      --
      "First they came for the slanderers and i said nothing."
    86. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Your post is a nice contrast to the entitlement so many Americans (and westerners) have about their life and jobs. The dedication to family and society is part of the Filipino culture that it really stands as a stark contrast to American Culture. AND we are less off because of that aspect of our culture. We American (and westerners in general) have no real concept of extended family clans any more.

      Exploiting that dedication to family to work someone straight into a grave is not something I want condoned, in any society.

      At what point will we recognize that a terminal cancer patient deserved some dedication from their family and society, in the form of, I don't know 'take a paid week off, go home to your family'?

      "Free to die in her office chair" is not an ethical choice, we shouldn't be praising it as a virtue.

    87. Re:Definition of a cap by LordLimecat · · Score: 1

      1) Why should I care about the "barriers" and wages of other countries when there are people unemployed and starving here?

      The starvation rate in the US is staggeringly low (theres not even a statistic for "starved", they lump it in with "died of exposure"), and the people who starve are not people who could remotely enter the work force. The large majority of them are elderly and die because they are unable to care for themselves; the remainder are generally either mentally ill, or are too young to care for themselves.

      I challenge you to find either by name or by statistic anyone in the US who, though employable, starved due to unemployment. I would challenge you to even find a solid statistic of how many people starve annually in the US; as far as I can tell it too low to track.

      2) Why should we help these other countries reform their own labor practices at our expense?

      Because "all people are created equal.... and are endowed by their creator with certain unalienable rights" leaves no room in my mind for "except people from other countries". Because it seems remarkably cold to bitch about "fat cats on wall street" on your ipad twitter account as millions of potential workers in india live in abject poverty.

    88. Re:Definition of a cap by Anonymous Coward · · Score: 0

      I can feel my salary shrinking already!

    89. Re:Definition of a cap by Anonymous Coward · · Score: 0

      [citation needed]

    90. Re: Definition of a cap by Anonymous Coward · · Score: 0

      People never get paid what their work is "worth." The 99% are paid just enough to keep them alive, from paycheck to paycheck. Look at the way the gender wage disparity has gone. Instead of women's wages rising to meet women's, men's wages have fallen to meet the female wage. This is how equality plays out. Now households are dependent on two incomes in order to make it to the next paycheck.

    91. Re:Definition of a cap by bmo · · Score: 4, Informative

      > Wages in the US have not been on an inevitable downward march,

      Adjusted for inflation, this statement is bullshit. Since 1999, household income has *fallen.* That's 14 solid years.

      But hey, you go look up these facts yourself. They're googleable.

      --
      BMO

    92. Re:Definition of a cap by Anonymous Coward · · Score: 0

      No, they will be victims in the next race to the bottom.

      They are going to cry when 16 billion Martians start flooding in for jobs.

    93. Re:Definition of a cap by buybuydandavis · · Score: 1

      Forgive me, but I dont really understand why people in this country deserve jobs more than people in another country, particularly if theyre more skilled or asking for less money.

      They don't. Just as the people in this country don't *deserve* courts, laws, armies, police, fire departments, food stamps, welfare, health care, etc., more than people in other countries.

      But the US federal government wasn't created to give everyone in the universe what they deserve, it was created by US citizens for the benefit of US citizens.

    94. Re:Definition of a cap by hairyfeet · · Score: 1

      Riiight, get rid of the people here LEGALLY and the fact that you don'tr actually have to pay insurance, workman's comp, or even minimum wage has NOTHING at all to do with it, right?

      Horseshit, total horseshit. And look at the crime rates in those states that have the "open border" policy and you'll see for every guy that just wants to feed his family you get a dozen MS13 and La Raza members who are here to take everything they can and fuck your laws white boy.

      So before you give us that same tired old "illegals work harder" horseshit maybe you should write a letter to the families of all the crime victims of illegals and take a GOOD fucking look at that list, every one of those people paid the price for your cheapskate labor, scumbag.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    95. Re:Definition of a cap by Anonymous Coward · · Score: 0

      And it be better than the Feds would win! Otherwise you might as well disband the FBI and the state police - country sheriffs and city cops would be enough.

      Yea, not seeing the downside...

    96. Re:Definition of a cap by TheGratefulNet · · Score: 4, Insightful

      I grew up here, paid taxes for over 30 years, I have a life here, I am invested in my people here, I have an interest in what happens in the future.

      foreigners: NOT SO MUCH.

      there used to be this little thing called 'social contract'. maybe you heard of it? its not around anymore but it used to be.

      any other stupid questions, you selfish republican prick, you?

      --

      --
      "It is now safe to switch off your computer."
    97. Re:Definition of a cap by yurtinus · · Score: 1

      Why you gotta hit me with them negative vibes so early in the... afternoon.

      --
      +1 Disagree
    98. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Tyson Foods would never stand for it. They've gotten caught, repeatedly, paying truckers to bring mojados in to work in the Midwest chicken processing plants. It's not because there is a shortage of rednecks willing to be bathed in guts and blood for crap wages, it's because when an illegal gets injured rather than call their worker's comp insurance company they can call La Migra and he gets shipped back to Mexico on the taxpayer's dime. The savings are enormous, and the past fines amounted to less than half of one month's savings on just the people they were caught employing.

      As a resident of SW Missouri, who has been to the Tyson plants, I can vouch for this.

      -- CanHasDIY, posting anon to preserve moderations

    99. Re:Definition of a cap by LordLimecat · · Score: 0

      I was not aware we had an infinite supply of anything, let alone of skilled / employable CS or IT workers.

      And being pedantic,

      APPROACHES zero.

      You failed calculus, didnt you? (kidding)

    100. Re:Definition of a cap by Anonymous Coward · · Score: 0

      It sounds so simple doesn't it? Then you realize that you're taking income away from the illegal immigrants that actually want to work and force them either into crime or plunge them further in poverty creating a new set of problems

      Newsflash, Holmes - they're already criminals. Crossing the US border without permission is a felony.

      P.S. the correct term to use is 'illegal alien.' there is no such thing as an 'illegal immigrant,' that's just another PC buzzword that pro-criminal-alien douchebags came up with in a feeble attempt to demonize their opposition as heartless assholes.

    101. Re:Definition of a cap by doubledown00 · · Score: 1

      The starvation rate in the US is staggeringly low (theres not even a statistic for "starved", they lump it in with "died of exposure"), and the people who starve are not people who could remotely enter the work force. The large majority of them are elderly and die because they are unable to care for themselves; the remainder are generally either mentally ill, or are too young to care for themselves.

      I challenge you to find either by name or by statistic anyone in the US who, though employable, starved due to unemployment. I would challenge you to even find a solid statistic of how many people starve annually in the US; as far as I can tell it too low to track.

      I noticed you dodged the first part fo the condition: "unemployed". Doing so and ignoring that part of the pre-condition pretty much renders your comment non-sequitur. But to respond to your point, no the U.S. does not have the same starvation issues that other shitholes around the world have. But you're obtusely ignoring the fact that employment affects the cases of hunger that do exist here, such as caretakers for elderly and children being able to find jobs.

      Because "all people are created equal.... and are endowed by their creator with certain unalienable rights" leaves no room in my mind for "except people from other countries". Because it seems remarkably cold to bitch about "fat cats on wall street" on your ipad twitter account as millions of potential workers in india live in abject poverty.

      And since when did "immigrating to American to take a good paying job" become an inalienable right?

      Nowhere in any of the above statements do you even suggest that those getting the H1-B visas are the better qualified workers. You're advocating the program as a way to lift others out of poverty in other countries and just about came out and said so. Fuck that. It is not a sentiment that is often expressed out loud anymore, but we have our own job base here that needs attending to.

      Don't like it? Then advise the "millions of potential workers in India in abject poverty" to pick up some pitchforks and be agents of change within their own government. There simply isn't enough to go around.

    102. Re:Definition of a cap by PoolOfThought · · Score: 1

      I'm not be argumentative or sarcastic. Why would I be outraged by the L visa?

      Did I find the wrong thing? L1 Visa? http://en.wikipedia.org/wiki/L-1_visa

      Looks to me like it just lets someone that works for a company overseas for over one year to work for that same company in the US and grants them a visa to do so. Granted their family also gets a VISA to come go to school (kids) and get a job (spouse), but what's the problem?

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    103. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Depends on how you define the market - if you view it as the US labor market, than an argument can be made for crony capitalism, but if you view the market as the world labor market, then the interference is overly tight immigration laws and this is a way of reducing that barrier.

    104. Re:Definition of a cap by dev.null.matt · · Score: 1

      Forgive me, but I dont really understand why people in this country deserve jobs more than people in another country, particularly if theyre more skilled or asking for less money.

      It's quite simple really. The jobs in America are possible as a result of the infrastructure in America. The infrastructure in America was predominantly paid for by taxes on American citizens. Since American's paid for the infrastructure that made it possible for the "Job Creators" to create those jobs, why shouldn't they have first crack at those jobs?

      Oh, but you were going to point out that the corporations paid taxes which also supported that same infrastructure? They didn't really. According to this site, corporate taxes on account for approximately 2% of the GDP, while taxes on citizens account for closer to 8% of the GDP http://www.deptofnumbers.com/blog/2010/08/tax-revenue-as-a-fraction-of-gdp/

    105. Re:Definition of a cap by sesshomaru · · Score: 3, Interesting

      The thing is, I really respect what the Indian government does for Indians. I've known a truly huge number of Indians since I started in IT... staggeringly huge, and I really like them. I find them to be good reliable friends.

      Let's face it though, these laws aren't being put into place to help Indian techies (they do help them, but that's a side effect). They are being put into place to lower labor costs for large tech companies. Tech companies have decided that they are paying too much for labor, and they go to their stooges in Congress and say, "We're paying to much for labor, flood the market with H1-B's so labor will be cheaper." Their stooges in Congress think of the money they will get in graft, go "ch-ching" and pass the laws that the tech company owners want.

      If there really is a labor shortage, more naturalized citizens is the right way to fill it, not the complex H1-B visa. Another fact about my Indian friends? They are great people but they move around the country like soldiers being stationed here, and then stationed there. It's got nothing to do with what they want, either. A contract runs out in sunny Georgia and they may next find themselves in icy NYC.

      However, I don't feel particularly picked on because this happens all across the economy and the problem is that almost every law we get is based on graft (or increasing police state power) rather than the public good. It's why copyright length keeps getting extended. It's why we can't import drugs from where they are cheaper, and so on.

      We've decided unchecked, rampant graft is going to be the order of the day in Washington, and we get a country that is run by corruption because of it.

      Read, "4 Amendments and a Funeral" to see how Washington works. However, a caution, both political parties are currently driven by graft, don't fool yourself into seeing either as "the good guys."

      --
      "MIT betrayed all of its basic principles."
    106. Re:Definition of a cap by Anonymous Coward · · Score: 0

      but likewise I expect the U.S. government to put the interests of Americans over the interests of foreigners.

      But likewise, the U.S. represents its interest fairly well and fairly thoroughly around the globe. Anywhere that matters, you have a local HQ where local leaders are briefed. Essentially, the whole globe is your fucking country. So get ready for a lesson the Brits are currently getting familiar with, after a due delay of a century or so:

      What goes around, comes around.

    107. Re:Definition of a cap by TheGratefulNet · · Score: 2

      h1b is NOT immigration!

      they mostly return home. they are taking from the US, then returning home with the goodies. the US gets very little long-term benefit from such people.

      my grandparent came over 'on the boat' and they planned to stay.

      THAT is the difference.

      and it makes all the difference in the world. they wanted to become citizens. not just hired workers for short term.

      --

      --
      "It is now safe to switch off your computer."
    108. Re:Definition of a cap by fiannaFailMan · · Score: 0

      Forgive me, but I dont really understand why people in this country deserve jobs more than people in another country, particularly if theyre more skilled or asking for less money.

      You know why members of Congress are called Representatives?

      Because they're supposed to represent us. They are supposed to stand up for our interests. Not because Americans are somehow cosmically more worthy than non-Americans, but because it's our fucking country and it is supposed to be run for the benefit of "ourselves and our posterity."

      If Indians want good stuff then they have their own democratically elected government to go to. I expect the Indian government to put the interests of Indians over the interests of Americans, but likewise I expect the U.S. government to put the interests of Americans over the interests of foreigners.

      This is the kind of short-sighted protectionist attitude that ultimately set up the conditions for two world wars.

      If we listened to hysterical nativists lamenting the influx of the brightest and the best from around the world, Elon Musk would never have come to the USA to start PayPal, Tesla and the other cool stuff he's working on. He seems to be adding plenty of value and generating plenty of jobs for Americans. Plenty of other immigrants have similar stories. Hell, the company I work for was started by an immigrant and it employs hundreds of people in the US and around the world. But hey, if you think that the only good job creator is an American job creator then knock yourself out.

      --
      Drill baby drill - on Mars
    109. Re:Definition of a cap by TheGratefulNet · · Score: 3, Informative

      I was willing to work for HALF my income (silicon valley good income; I was willing to take half and not complain).

      they would not hire me. 'overqualified'.

      tell me with a straight face that we have not enough skilled US workers.

      tell me. but don't be within arm's reach of me when you say that to my face.

      --

      --
      "It is now safe to switch off your computer."
    110. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Although I don't agree with taxing at 50% I do agree that there should be some kind of withholding to fund training for Americans.
      How about pushing the social security portion of the foreign employee's check to a training fund? After all, they won't be using the social security themselves.

    111. Re:Definition of a cap by Anonymous Coward · · Score: 1

      We seem to be the only country more interested in making everyone besides ourselves (assuming you exclude corporate 'personas') happy...at our own expense.

      I disagree. By giving aid to parts of the world that need it (see: money for food in a country experiencing a shortage, not selling arms to a country that regularly houses people opposed to our interests) not only strengthens the world, but also our reputation in it. And if strengthening the world is a problem for you, remember that we've seen how interconnected all of our economies have become as one country after another crashed.

      But the H-1B visas are not a part of that aid. They are solely to help the richest in our country exert downward pressure on everyone else's wages. And while good points have been made that intelligent immigrants can only help us if they are allowed into our country, I have yet to see a story here that points to that happening.

      Those Representatives should consider who they represent these days.

      They do. It's the people who fund their reelection compaigns.

    112. Re:Definition of a cap by GoogleShill · · Score: 1

      Actually, it is very simple. Send them back because they are here illegally or grandfather them in and they can actually work for minimum wage and get workers comp. That's not the problem, the problem is the companies exploiting the labor due to their illegal nature.

      You completely missed the point with the rest of your post, and I find insulting that you start with such an ignorant question about me not knowing the number, size or shapes of construction sites, which is 100% irrelevant.

    113. Re:Definition of a cap by fiannaFailMan · · Score: 1

      First, the countries economy depends on its citizens having jobs. If you, instead, give those jobs to non-citizens, then you hurting the economy.

      You write this crap and you get modded "insightful"? Jesus wept! How is money earned here, spent here and taxed here different depending on the nationality of the person doing the earning/spending/taxpaying?

      Most people here on H1B's send a large amount of their salary back home. That means that the money paid to them is leaving our economy, and instead propping up other economies.

      What is the basis of this claim? Given the current exchange rate (i.e. the dollar is worthless) I have my doubts about that.

      I have no problem with immigrants getting jobs, because immigrants are here permanently. H1B's are temporary visas, with no intention of becoming permanent citizens (although many do find ways to convert).

      What are you waffling about? Our company is full of H1B people who are all on the road to citizenship. If you want to discourage them from staying here, then keep up the anti-immigrant xenophobic rhetoric.

      We don't have enough jobs for all our IT workers as it is, we don't need to be importing more unless there isn't anyone here that can fill the role.

      Right. Our company used to hire graduates from American colleges. They'd take three days to do something a European graduate could do in a few hours. Fix the education system and become competitive with the rest of the world. That'd be a better approach than lowering the bar for your own people and raising it for others.

      --
      Drill baby drill - on Mars
    114. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Holy fuck you are clueless. Ever been to e.g. South Texas and seen how fucking militarized the border region is? Try getting in and out of Laredo without going through MULTIPLE checkpoints. The rest of the border is policed by drones, IR sensors, you name it. It's tighter than a Camel's ass.
      Yeah you can get across the border to Laredo, a shithole because the Mexican border don't give a fuck if you try to swim the river or cross the bridge with someone else's papers or any number of other ways. But good luck getting out of it.

    115. Re:Definition of a cap by Kelbear · · Score: 1

      Damn I forgot the other part of the story:

      When I say she didn't tell anybody, that even included her family back at home who had been trying to just get a short travel visa to come over and visit her for awhile but having trouble with the process for whatever reason and it kept getting rejected. Since she'd already made up her mind about how she'd spend the rest of her life, she didn't tell her family she was dying because it'd only upset them, especially since there was no way for them to come see her. She at least had some co-workers she confided in and kept her secret here and helped take care of her after work. (It's the only way I found out about this story after I found out she'd died). It's a pretty rough work schedule in our industry, for maybe 5-6 months each year they have 60hours per week minimum requirement, nobody ever has trouble hitting that since actual hours often range into 80s and 100s per week. It's a little embarassing for me to whine about working a lot when the person next to me was working just as much and literally dying without complaining.

    116. Re:Definition of a cap by couchslug · · Score: 1

      "Our border is such a bad fucking joke you could just walk a bomb across the thing along with the dope and slaves brought over it annually,"

      Too bad Al Qaeda didn't do exactly that, but they probably understand that the de-facto open borders (air travel excepted) do much more damage than they ever could.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    117. Re:Definition of a cap by Anonymous Coward · · Score: 0

      I believe the winner of this race to the bottom is the company that has people working for free.

      So basically, the winning company gets modern day slaves.

    118. Re:Definition of a cap by Anonymous Coward · · Score: 0

      And in the UK or Oz for example, you see nothing but dust at 4pm so what's your point sherlock?

    119. Re:Definition of a cap by dnahelicase · · Score: 1

      You know why members of Congress are called Representatives?

      Because they're supposed to represent us. They are supposed to stand up for our interests. Not because Americans are somehow cosmically more worthy than non-Americans, but because it's our fucking country and it is supposed to be run for the benefit of "ourselves and our posterity."

      I certainly agree, but I don't think it's that black and white. I think skilled labor should be able to leave their home country and go somewhere else where they have a better shot at making it. America is pretty awesome, and it used to be a lot easier to have the dream of coming to America to make it big.

      I've had a number of highly educated foreign friends (coming out of US universities) that found it staggeringly difficult to stay and work here. Most of them would have been great assets, and at least one would have started his own company here, but it's frustrating and hard, so they leave. I don't think we should make it this easy for companies to hire cheap workers using a complex system that the average person can't navigate. I think we should make it easier for these people to setup shop and actually become Americans.

      If you tell an Indian guy he can live here for a few years and work, but then he'll have to go home, he will work for cheap and think he's doing pretty well compared to the same job back there. If you tell him he can work and live here forever, he might work cheap for a while, but the American sense of entitlement, rights, and equality appear quite quickly.

    120. Re:Definition of a cap by Whorhay · · Score: 1

      I can't honestly say from experience whether illegal immigrant laborers are better and more reliable in construction. I can however testify that most of the contractors that I have ever hired or seen hired to do a job rarely ever showed up at the appointed date and time and managed to complete the job on time.

    121. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Plenty of us don't, but short of having a major shakeup in regards to where everybody lives (thus allowing enough of the likeminded individuals to congregate in areas where their votes would actually resulting in the election of their chosen representative), it's basically impossible to get someone sane elected over all the mouthbreathers who choose based on what their political pundits tell them to vote.

    122. Re:Definition of a cap by Anonymous Coward · · Score: 0, Informative

      There are costs to offering employment in different locales, but your point still stands: jobs find their way to the best production to cost ratio. That is what employers want and they will seek that out to the best of their ability. If barriers to employment continue to rise in the US (licensing restrictions, wage mandates, hiring quotas, etc) then naturally an entrepreneur with a profitable idea will look elsewhere to see it completed for willing consumers.

      One myth that a lot of people use to cover this up is the argument from wages. A poor man in china costs only a fraction of workers elsewhere(excluding overhead like remoteness and language/culture translations). This is the argument cited as a race to the bottom. It is of course, entirely ex post facto reasoning that has the problem backward. The truth is that there are several reasons for the higher cost of employing US workers, but none justify the standard race to the bottom argumentation.

      The first is very simple econ 101 stuff: more resources are invested into US workers. This includes training, general education, capital investment that multiplies the productivity of labor, etc. Productivity of a man who can operate advanced means of production can match the productivity of 20 manual laborers. Of course he will cost more, because he can ask for it and employers will still find it worth while. No race to the bottom arises from this particular phenomenon.

      The second is very simple political stuff: wage controls and price inflation prices US labor out of the market. Often times I see fear mongers attack this point partially, twisting it into a half truth that if people were permitted to work for wages they and employers agreed upon without some government thugs kidnapping them for their peaceful arrangement, there would be starvation in the streets with workers making 1 dollar per day and other such nonsense. They only consider the wage distortion in the US economy without considering also the price distortions that go along with it.

      Ultimately, a lot of the fear mongering around freed and peaceful trade and labor is due to a lack of empathy for our fellow man. Rather than respecting others as actual human being with their own will and desire, often times the scared see people as motionless pawns where only 1 evil guy gets to make his move on this chess board of life while everyone else must simply watch and submit. They seek violent authority as a solution to this supposed single motive actor(a huge contradiction on many levels). Another effect of this misunderstanding and trauma is that these people also see other human beings as machines. This is widely prevalent in the misuse of the natural scientific methodology applied to human action(as with economic doctrines that treat people as equations to be tweaked) but more generally, it shows up in the idea that blunt mandates that massively change some aspect of people's lives will only change that and nothing else, like adding oil to a car. They don't understand that humans react to their environment based on the black box of immeasurable subjective preference which manifests in objective behavior in a variety of ways. This is why whenever the current set of restrictions and controls and social engineering fail, they inevitably blame everything else as the cause. They cannot imagine the source of their problem is a failing in methodology.

    123. Re:Definition of a cap by dnahelicase · · Score: 1

      In my opinion, government policy which expands the size of the labor force through immigration is bad policy when the country is experiencing a period of persistently high unemployment.

      I don't totally agree with this statement, because I think immigration can be quite valuable to an economy, regardless of it's current condition.

      However, these visas aren't immigration. It allows a company to bring in workers, tie them to said company as a condition of being in the states, and then eventually ships them home.

      This program is good for immersive training so these workers can continue to work for said company through outsourcing when they go home and work for a lot less money, but have US living experience.

      Immigrants, on the other hand, have a vested interested in their future here (since they don't plan on going home) so they will invest more money, time, and effort into making their new country a nice place to live.

    124. Re:Definition of a cap by Anonymous Coward · · Score: 0

      That means that the money paid to them is leaving our economy, and instead propping up other economies.

      Because in the USA, all the money representing the work done on a H1B visa gets handed to the respective person doing the work... right?

      The USA benefits tremendously of the cheaper skilled labour being done in its borders. It is importing skills it currently has demand for, and inexpensively using them, all while not having to put aside money for social security or anything like that. There are also benefits for the H1B visa holders, but they do not get the better end of the deal, either way.

    125. Re:Definition of a cap by Archangel+Michael · · Score: 0

      At what point will we recognize that a terminal cancer patient deserved some dedication from their family and society, in the form of, I don't know 'take a paid week off, go home to your family'?

      It is THIS entitlement attitude that I was commenting on.

      AND Why are you judging others on ethics? You have no idea what value "family" has in this culture, if you did, you'd realize that their "ethics" are different (not better, not worse, different) than yours. It does explain the behavior of the young lady and her choice to keep her illness private.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    126. Re:Definition of a cap by sapgau · · Score: 1

      Working to death is a bit harsh. What is more realistic is working past our "retiring" age.
      With no retiring savings and possibly almost no pension to support us even with a frugal lifestyle, we will be forced to work hoping that our mind and body remain healthy.

    127. Re:Definition of a cap by Anonymous Coward · · Score: 0

      The point your missing is that you say the jobs go where they can be done cheapest. That isn't what H1-B is doing. H1-B brings the cheap labor to a job here in the States that could be filled by a US citizen but is instead manipulated to "require" a person of foreign origin. They get to see their slave labor this way.

    128. Re:Definition of a cap by Jah-Wren+Ryel · · Score: 5, Informative

      I dont think the workers from poorer countries think they are being screwed. I mean, from the standpoint of what they could be making, maybe, but from the standpoint of what they were making, not really.

      That's why we need to stand up for them. I don't mean keep them out, I mean make the H1B program less about indentured servitude and more about citizenship.

      Right now, H1B is used as an unofficial visa on the green-card/citizenship path. It takes about 5 years of continuous residence to get a green card if you are in the country on an H1B. But an H1B is only good for 6 years. You can only get a green-card if you are sponsored by your current employer. If you change employers, the process starts over. So if you want a green card you are effectively a hostage of your current employer.

      I say modify the H1B visa program to be an official citizenship-seeking visa. Require H1B visa holders also apply for a green-card starting as soon as they are on US soil and make that application the visa holder's responsibility and take the employer completely out of the loop.

      --
      When information is power, privacy is freedom.
    129. Re:Definition of a cap by AF_Cheddar_Head · · Score: 1

      Ever see Macon County Line.... That is the downside.

    130. Re:Definition of a cap by sapgau · · Score: 1

      +1

    131. Re:Definition of a cap by thetoadwarrior · · Score: 1

      It's like unlimited broadband. Any time you see the word limited or unlimited just switch them and you get the real meaning.

    132. Re:Definition of a cap by jvillain · · Score: 1

      How about non-repayable loans?

    133. Re:Definition of a cap by jvillain · · Score: 1

      Of course the fact that the citizens have been paying taxes to make the country suitable for business to locate in to begin with is completely unimportant right?

    134. Re:Definition of a cap by tepples · · Score: 1

      the majority of the money will simply leave the country

      I thought you wanted money to leave the country so that it could come right back when people in other countries buy U.S. companies' exports.

    135. Re:Definition of a cap by thetoadwarrior · · Score: 1

      They don't but the annoyance is more to do with corporations get to use things like free trade and open movemonet to their benefit but your average person doesn't. That's unbalanced and if you want everyone to believe those are good things then surely we should get to use them to our benefit too.

    136. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Have you ever actually talked to any illegal immigrants(spanish required lol)? I'm guessing not because I know many and all of them work hard and most don't even know they can get welfare. They're stuck with crappy jobs because of the absurd wait time on green cards, and maybe if the cap was raised they wouldn't need to work for 3rd world country wages and natural born citizens could properly compete.

      fuck people like you btw
      -A natural born citizen

    137. Re:Definition of a cap by Anonymous Coward · · Score: 0

      In other words, it's an artificial cap on salaries for engineers.

    138. Re:Definition of a cap by CptNerd · · Score: 2

      Throw in gerrymandering of districts to effectively prevent challengers of another party from getting elected, and you have what we have now, >90% re-election rate. My district has approximately 5:1 Democrat to Republican voters, guess who runs basically unopposed? VA-8's Jim Moran, my once and future Representative. Rumor is he's grooming his son to "run" for the seat when he retires. Even if he doesn't, VA-8 will *never* have a Republican Representative, unless the district is fairly apportioned. Everyone seems happy with that arrangement, though.

      --
      By the taping of my glasses, something geeky this way passes
    139. Re:Definition of a cap by Trailer+Trash · · Score: 5, Insightful

      I was not aware we had an infinite supply of anything, let alone of skilled / employable CS or IT workers.

      If I have a 10 gallon bucket, 11 gallons of water is the same as "infinite" for some operations. The bottom line is that if x IT jobs open up in the US then we can always find x foreign workers to fill them at a lower wage. For the market to think the supply is infinite, I only need one more worker than there are jobs.

      Look, I explained this in an earlier post on this subject. My wife came here on an H-1A as an RN. They brought her to work for substandard wages at shitty nursing homes. The nursing homes could easily have hired Americans to work for them, but they found it was cheaper to claim they couldn't find anybody (a legal requirement for petitioning an H-1x) and then hire some foreigner to do it at a paltry wage. They're supposed to treat them well, but trust me - there's a world of difference between a boss that can fire you and one that can put your ass on a plane back to Asia.

      I obviously benefitted greatly from this arrangement, and I'm damned glad that I have an asian babe for a wife. Seriously. But the bottom line is that these companies are depressing wages by bringing folks like her over here and then creating a vicious cycle whereby the depressed wages cause even fewer people to want to join that part of the labor market causing them to bring over more foreigners.

      I'm not anti-corporate. Hell, I have an ownership stake in multiple companies. What you see here is crony capitalism, and it's good for the cronies and bad for the rest of us. We need to put an end to work visas like this all together and let the market pull these wages up to the level that they should be.

    140. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Yes, but most of the time spent approaching 0 it is really frigging close to 0.

    141. Re:Definition of a cap by Weezul · · Score: 1

      I've heard that Switzerland has great immigration laws : Hire anyone for anything you want, so long as you're paying them more than the Swiss average for that job. Very easy criteria, so long as you actually want the person more than anyone else you interviewed.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    142. Re:Definition of a cap by Vancorps · · Score: 1

      How is the number of constructions site not relavent? How would you send the magical Feds to construction sites for enforcement of this new rule? If you're talking about ICE agents then you are going to need A LOT more agents if you plan on raiding every construction site.

      Rather than wasting time and resources feeling insulted that a pertanent and inconvenient question was asked you might try to actually understand what you are saying.

      There is a big difference between an undocumented immigrant who is sitting at Home Depot looking for work and the gang banger that is actually committing crimes which harm our cities and towns. If you force the Home Depot people out into the street then they get desperate and sometimes have to commit further crimes to survive. Forcing them into that situation is incredibly short sighted and unnecessary. If as you say, you grandfather them in and they can qualify for workers comp, they will pay taxes, and we all benefit. I don't know how you can come to the conclusion that it is a simple issue.

      What about all the kids that were dragged into the process? Combine all that with the rabid xenophobia people have these days and you're facing an uphill battle.

    143. Re:Definition of a cap by magarity · · Score: 4, Informative

      I'm not be argumentative or sarcastic. Why would I be outraged by the L visa?

      Because the L visa is totally immune to US pay law. I was in China in 2008-2010 and while looking for a local job, happened upon IBM consulting. The local payscale was less than $1k US/month. That sounded OK for a local gig because cost of living is so low but the catch was they wanted to send me to the US for a year and pay that same rate. I pointed out US minimum wage was higher than that but the local manager waved this concern away and said they did it all the time; I would be sent on an L visa which allows the employee to be paid home country pay while in the US. I then asked how a US citizen could go to the US on any kind of visa and after a silent pause she abruptly hung up on me (this was the third interview). Whether this is a case of the IBM worldwide doing this or they think they're paying US wages while the local China branch's management collect the difference, I have no idea, but something not at all funny is going on with L visas.

    144. Re:Definition of a cap by Anonymous Coward · · Score: 0

      We seem to be the only country more interested in making everyone besides ourselves (assuming you exclude corporate 'personas') happy...at our own expense.

      As someone who is watching you from the outside (thank God), I can only laugh at how charmingly naive you are about your own foreign policy.

      Americans in general are some of the most hospitable, friendly and decent people I meet on a regular basis. Individually. Collectively, ie. via your ELECTED representatives, you're a bunch of savages with only slightly less capacity to care for people in other countries than for eachother.

    145. Re:Definition of a cap by TheGratefulNet · · Score: 1

      (thank you).

      for some reason, quite a lot of people don't see that this is the willful destruction of the middle class (at least in the US). they choose to ignore the reality in front of them.

      it costs X amount to live in the US and have reasonable health care, etc. it costs a fraction of that to 'do the same work' but live somewhere else. and so, the 'conservatives' are asking us to basically work for foreign wages or 'get the fuck out'. that means we have to lower our standard of living (they pay less, we have to live on less, somehow).

      and so, time marches on, the ceo's make 400x what normal people make, the rich get higher and ever higher living standards and we - we the people - are being asked to take steps backward.

      nice. really nice.

      don't know if its in my generation's lifetime or the next; but if this does keep going as it is now, expect to see pitchforks and torches in a street near you.

      --

      --
      "It is now safe to switch off your computer."
    146. Re:Definition of a cap by Anonymous Coward · · Score: 0

      You have no idea of what you speak of. Half of the families that live on my street, maybe 12 houses, are illegal immigrants. They have been there for years. I bet at least half of those illegal families receive federal and state support.

      I have an ex girl friend that is illegal from Mexico that I am forced to support via child support. She has 4 children total from 3 different men. I'm the only one paying child support. I am paying her more a month than she has ever been paid a month in any job.

      She is currently not working even though she is required by state law to maintain a job while receiving child support. So not only am I paying to support my son, I'm paying to support her and her 3 other children.
       
      She has been here for 6 years. She has been through the court system many times especially with child support and every time the court system requests her identification she says that she has none. I would be arrested if I failed to produce identification.
       
      We have a law here named 287 G that if law enforcement has reason to believe anyone here is illegal that they are supposed to detain them. Many times I would go to see my son and she would call the cops. Each time I would inform the police that she was illegal and that they needed to check her ID which she had none. I was ignored. I asked once to one officer "What other laws do you ignore?" and I was threatened to be arrested. Does that make sense to you? She has absolutely no fear of ever being deported.

      Think my ex girlfriend is an isolated case? Nope. She is one of 13 children. 11 of them are here illegally. .Many of them have been through the court system with zero worry about being deported. Many of them have arrest records.

      Think her being here and getting paid to live here is an isolated case? Nope. She learned how to do it from 3 other sisters that are here illegally and have numerous children from American men. The one problem my ex has had is that the 2 other men with which she has had children, told her that they were legal hoping to gain permanent status when they themselves had American children. Nope, doesn't work like that. Once they were sued for child support and found out that they couldn't get papers, they fled back to Mexico.

      With no job history, illegal women receive more state and federal benefits than legal citizens that are unemployed. All medical bills paid by the state, reduced utility bills, food stamps, housing assistance. She lives better here with out working than she ever would in Mexico having to work 12 hour days 7 days a week.

      Which would you rather do? Come to the US and not have to worry about working ever and live decently or slave away in Mexico and live in conditions that the homeless here would complain about???

    147. Re:Definition of a cap by Anonymous Coward · · Score: 0

      I actually did. I got it. I worked as a java programmer for an indian company in India for three years. Then I moved home.

      Just because you're not good enough to pass the interview doesn't mean we all are.

    148. Re:Definition of a cap by Bartles · · Score: 1

      OT - It's as useful as a debt ceiling that rises with debt.

    149. Re:Definition of a cap by TheGratefulNet · · Score: 1

      you have so much wrong, there, I don't know where to begin.

      I think you are young and I used to think a little like that, way way back, too. I get it.

      but you are very much wrong about reality.

      the fact is: this is all a device to depress wages and keep the corps' profits high. there is no 'settle out' time. this isn't a spring that will bounce and oscillate and settle. this is a fucking DOWNWARD spiral and it stops at 0.

      maybe this is the problem. there are a lot of people (like yourself) that can't see or won't see that this will eventually hit bottom and there will be major problems for the whole economy. it ripples out. once the middle class can't even buy simple things, stuff will collapse.

      the rich used to at least keep the middle class alive so that we'd service their needs. now, they get their needs met from foreign workers (local and remote) and so the middle class can go fuck itself, for all they care.

      this is what the current reality is.

      I don't know what reality yours is.

      --

      --
      "It is now safe to switch off your computer."
    150. Re:Definition of a cap by shutdown+-p+now · · Score: 4, Informative

      H1-B is dual-intent visa, which means that a person staying on it in US is legally allowed to express intent to immigrate. And it's one of the few venues that let you do skilled immigration, since that requires sponsorship of some company, and they usually won't do it unless you've already proven their worth to them (i.e. work for them)

      If not enough people on H1-B eventually immigrate, then maybe you'll want to change that. I'm an H1-B employee with intent to immigrate, and right now the biggest hassle is that the green card application process is severely backlogged - today, they're still processing applications from early 2007! So, realistically, for someone looking to come to US, they're looking at 5 years before their application is even reviewed, then several months to a year before it's approved. Fix that, and I bet you'll see far more people staying. I mean, why wouldn't we want to? US isn't perfect, but it's vastly better than all developing countries out there.

    151. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Much as I hate the "republican pricks" myself... you brought this on yourselves. You have consistently elected representatives who are so deeply in the pocket of big business that you have not only legalized but institutionalized what in any other civilized nation is outright corruption.

      You hold elections with some regularity. You don't get to write off your government as "someone else" who came and took it all from you. You are a democracy and get exactly those leaders you wish to have.

    152. Re:Definition of a cap by shutdown+-p+now · · Score: 0

      So the problem is with:

      t they found it was cheaper to claim they couldn't find anybody (a legal requirement for petitioning an H-1x) and then hire some foreigner to do it at a paltry wage.

      not with H-1B per se. Not all companies do it, but many do, and it's clearly an abuse of the system. So what they should do is more stringent enforcement of this requirement - both the inability to hire a local worker, and the wage limit (which is actually required to be above average).

      I am an H-1B software developer. I know a bunch of other people in the same position in several big software companies. None of us seem to have this problem - we are all paid a lot even by American standards, and no less than our American colleagues. All of us came with intent to immigrate, and most have already started the green card process.

      Then again, in this industry, they have to pay competitive wages to retain employees. Probably not so with nursing homes. Anyway, my point is, not everyone who is using this system is abusing it - and the focus should be on that abuse (but, unfortunately, a lot of people seem to think that all H-1B workers are underpaid wage slaves).

    153. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      Does that particular company employ H-1Bs?

      Have you asked them about how much they earn? If you did, and found out that it's more than what you asked for, what would be your reaction, and how would you explain it (since "corporate greed" would obviously be inapplicable).

    154. Re:Definition of a cap by shutdown+-p+now · · Score: 2

      The reason why it takes 5 years is because there is a quota on green cards as well, and also because, even with the current quota, the processing office is completely swamped, with a 5 year backlog of applications (which is where the delay comes from!). If they increase the number of H1B visas without increasing the green card quota, it's going to get even worse. But either way, you need to fix both - H1B in the way that you've described (make it an official immigration intent visa & decouple from employer), and green card process so that it can actually handle the influx of skilled immigrants.

    155. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Our western notion of a social contract, where society collectively steps in and protects its weakest, the infirm and those otherwise incapable of seeing to themselves is, without question, superior to asian views on the rights of man in general and their so-called work "ethic" in particular.

      That you can even bring up a word such as "entitlement" in this context disqualifies you from taking part in a debate amongst adults.

    156. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      What about Indians (and other foreigners) who want to become Americans?

      Today, H-1B is pretty much the only viable skilled immigration path for your average worker. It's not actually designed for it, which is why it's such a mess, but understand that ditching it means severely curtailing skilled immigration in general, so that's what you're, effectively, arguing for.

    157. Re:Definition of a cap by shutdown+-p+now · · Score: 2

      I have no problem with immigrants getting jobs, because immigrants are here permanently. H1B's are temporary visas, with no intention of becoming permanent citizens (although many do find ways to convert).

      H1B is a "dual-intent" visa, meaning that, while it's not an immigrant visa, a person on it is allowed to have intent to immigrate and express it without being removed from the country. This, in particular, means that an H1B worker can apply for a green card while working in US, and basically work his way through to permanent resident status. Many people do just that, myself included.

      So, in practice, H1B fills the role of a skilled immigration visa in US.

      We don't have enough jobs for all our IT workers as it is, we don't need to be importing more unless there isn't anyone here that can fill the role.

      For immigration at least, you're not importing hands - you're importing people. Aside from doing jobs, they also have their own needs, which in turn create additional jobs to satisfy. Someone immigrating to US, aside from day to day expenses, will also eventually buy a car, a house etc - all that money going straight into your economy, and employing more people.

    158. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      Getting that green card in the first place is extremely hard. There's the lottery, but the chances of winning it are very low (esp. for someone from India) - and what else is there? Why, the option where your employer sponsors you - but then you need to be employed in US. Meaning that you need H1B.

      The problem is that H1B does not require the person to also apply for green card, and then there's that whole employer tie-in. Turn it into a strict immigration intent visa and decouple the green card process from employer, and you solve that problem. This is more or less how it works in Canada today.

    159. Re:Definition of a cap by Anonymous Coward · · Score: 0

      How about foreign money coming to US? When American companies sell their products overseas and their profits come to US, the foreign consumes' money is sent away to US. You don't complaint about that?

    160. Re:Definition of a cap by farble1670 · · Score: 1

      Forgive me, but I dont really understand why people in this country deserve jobs more than people in another country, particularly if theyre more skilled or asking for less money.

      they deserve it because they and their ancestors have been paying taxes to build the system that allowed companies to prosper and offer those jobs in the first place. visa holders have contributed nothing to the system. why should i pay taxes for 40 years into a system that is going to sell the fruit of that system to the lowest bidder?

      not to mention, because the rest of the western world doesn't offer the same privilege to US employees. jobs without borders is fine, as long as it's not just the US that implements it.

    161. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      A couple of generations ago, workers fought hard in this country to get a decent lifestyle in return for the work that still made the executive chair-warmers filthy rich.

      When they did that, there were also many people willing to work for shitty wages. The way this was fought was by forming unions. Unions could also keep wages in check despite foreign labor (in fact, foreign workers would also benefit - at least those that would still remain, since higher wages would make many of them less economical to their employers).

      But, of course, there are few unions still left in the country, and those that are there have largely been defanged.

    162. Re:Definition of a cap by shutdown+-p+now · · Score: 2

      Another factor is the flow of money. People coming here for these jobs are not immigrants.

      What makes you believe that? I'm an H1B, on my track to obtain the green card. Every single person that I know who's on H1B is also waiting for their green cards.

      The money that they make is largely flowing out of the country. It is hit by income tax, but once it flows out of the country it is gone.

      You forgot to account for all the living expenses - rent, food, fuel etc - and sales taxes paid on those. We pay all social security taxes, too, even when we don't benefit from those programs.

    163. Re:Definition of a cap by shutdown+-p+now · · Score: 2

      I'm a foreigner. I didn't grow up here, but I came here to settle and become a citizen. I've paid my taxes for over 4 years (and for a 6-figure annual income, they're not chump change), and I don't even get all the services towards which those taxes go (e.g. most of the social security taxes) until I become a citizen. I have an interest at what happens in the future, because I intend to live here.

      I like your 'social contract' (although it's not perfect - but then it's far better than in my home country, and you have this thing called 'democratic process' to amend it), and I would like to sign up for that.

      What say you?

    164. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Try to get a programmer job in India. You will politely be informed that Indian jobs are for Indians.

      Don't imagine what is not there. You are welcome to apply for a job there & you will be called for interview.

    165. Re:Definition of a cap by farble1670 · · Score: 1

      We seem to be the only country more interested in making everyone besides ourselves (assuming you exclude corporate 'personas') happy...at our own expense.

      we are a country that is interested in making money for the 1%. anything else is lies to get the populace to go along with it. this has everything to do with putting downward pressure on high-tech wages and nothing to do with fairness or equality.

    166. Re:Definition of a cap by sjames · · Score: 1

      Actually, the employer could hire you contingent on your status and you could get a green card on that basis (because you then have employment in the U.S.). H-1B is not a required step there.

    167. Re:Definition of a cap by farble1670 · · Score: 2

      I've known a truly huge number of Indians since I started in IT... staggeringly huge, and I really like them. I find them to be good reliable friends.

      to be fair, the indians you are meeting here are here because they are intelligent, ambitious, socially adept, and cultured enough to make the transition. you aren't meeting the millions of hillbilly, redneck indians.

    168. Re:Definition of a cap by farble1670 · · Score: 1

      You write this crap and you get modded "insightful"? Jesus wept! How is money earned here, spent here and taxed here different depending on the nationality of the person doing the earning/spending/taxpaying?

      let me explain it to you. my parents are now around 65 years old. they've been paying taxes into the system that long. same thing for their parents, and so on. i'm 42 years old, so i've been paying taxes for that long.

      all of those taxes helped to build the system that is providing these jobs. those jobs wouldn't exist if the citizens of this nation and their ancestors didn't create them, directly or indirectly. i built this system. my ancestors built that system. visa holders did not help to build that system. while they might pay taxes while they are here, it's insignificant to what i and my ancestors have paid over a lifetime.

      this is my country, i built it. yes, that gives me some privileges. you think it's okay for our govt to offer the fruits of our labor to the lowest bidder?

    169. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      Technically it's true, but green card process is additional expense for employer, so they usually want to see what are like before committing to them. Pretty much all software companies I looked at that sponsor their employees for green card, they bring you in on H1B (or sometimes L1, where it is applicable), and only then do green card. I suppose partly it's also because you'd be waiting 5 years for that green card application to be processed...

    170. Re:Definition of a cap by sjames · · Score: 1

      It costs about $7,000. counting applicable fees and legal costs. H-1B is about the same.

      I would MUCH rather see Congress shorten the waiting times for a green card and do away with H-1B entirely.

    171. Re:Definition of a cap by tibit · · Score: 1

      I didn't know that! Interesting. I've been to Switzerland a bunch of times, and I'd love to retire there :)

      --
      A successful API design takes a mixture of software design and pedagogy.
    172. Re:Definition of a cap by tibit · · Score: 1

      I have an ex girl friend that is illegal from Mexico that I am forced to support via child support. She has 4 children total from 3 different men. I'm the only one paying child support.

      Oh poor baby, you're forced to support your own kid. Poor you. So per your own morality the mother's immigration status and national origins affect whether you should be responsible for what you've done? Sigh, you depress me, man.

      --
      A successful API design takes a mixture of software design and pedagogy.
    173. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      As a would-be immigrant on H1B, I would welcome that - it would save me a lot of hassle and would make the immigration track much clearer. But that option is not even considered, usually - it's basically one side wanting to extend the cap and leave everything else the same, and the other wanting to clamp down on H1B and immigration.

    174. Re:Definition of a cap by TheGratefulNet · · Score: 1

      >entitlement

      I hate when people use that word. to me, it implies that you think its not fair that when you pay into a system for your lifetime, that you get a return on the other end, later on.

      I've posted about 'social contract' before and its a key issue, here. its not 'entitlement' when you pay so much tax over decades, your parents did, even grandparents. you have invested in your own social system and you expect (no, DEMAND) that it take care of you. you paid your dues!

      this is not a fucking GIFT. its what civilized societies do. they take care of their own people.

      I pay into the system and I know I'm helping to pay for those that are a generation ahead. fine with me, they earned a good life and they deserve to be taken care of. call me a commie if you want, but taking care of our people is what makes us human.

      --

      --
      "It is now safe to switch off your computer."
    175. Re:Definition of a cap by ATMAvatar · · Score: 1

      I could agree with you if it wasn't so one-sided. Why does a corporation get to shift its profits around so that they can dodge taxes and I cannot? Why does the corporation get to charge artificially inflated prices in this country and then prosecute anyone purchasing outside the US at the cheaper price and bringing it back?

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    176. Re:Definition of a cap by TheGratefulNet · · Score: 2

      for over 4 years (and for a 6-figure annual income,

      I'll see your 4 years of 6-figure and raise you 15 more.

      my parents paid their entire lifetime, some 40+ years of working. their parents, too.

      sorry, but fair is fair. I have a lot more invested in this country than you do. you may very well decide to pick up and leave. I know I never will. that does mean something.

      history and length of investment means something.

      show me ONE country would give foreigners as much as we give foreigners. we give so many chances, its not even funny. but go somewhere else and try to become a citizen. in some countries, you NEVER can; not really. you HAVE to be born there. that's not true about the US. we have very liberal policies toward immigration; probably more so than most other countries in the world.

      and my argument is that we cannot be an open-doors country like we used to. times have changed, and I'm not so sure that unchecked capitalism (that's at the heart of things) will just 'work things out'.

      extrapolate this further: you are the newcomer and I'm the 'older guy' here. lets fast forward another 10 years and maybe its some other country that is the 'cheap labor favorite' and you find yourself laid off and not able to work because the wages have fallen to yet another plateau. will you just say 'hey, we're just giving someone else a chance, now'? will you say that?

      there are not enough jobs and people who are born here and have a long history here *should* get first choice. its how EVERY country works. again, show me a country where foreigners get any preference (at all!) over locals. the US is the only place. and its wrong; because it does not have a check/balance on unrestricted capitalistic greed. today, its me getting pushed down a notch in life style and wages. tomorrow it will be you. the trend will fuck us both. it just fucks me now. you, you'll get your chance if we don't fix things.

      --

      --
      "It is now safe to switch off your computer."
    177. Re:Definition of a cap by TheGratefulNet · · Score: 1

      in a way, we did bring it on ourselves.

      the republican spin machine is so effective at getting poor people to vote against their wishes (and the religious) that its really hard to have sense and reason win out.

      those in power have gotton control over those with weak minds and low incomes. its very strange.

      --

      --
      "It is now safe to switch off your computer."
    178. Re:Definition of a cap by Anonymous Coward · · Score: 0

      particularly those with better degrees than I?

      Degrees are merely pieces of paper, and believe it or not, there are numerous ways to get a degree while not actually skilled or being mediocre. What you should have said is, "particularly those with more skills than I?"

    179. Re:Definition of a cap by Megor1 · · Score: 1

      That is not how you get a green card! The amount of time is largely dependent on the visa bulletin dates. Presently the wait is up to 10+ years depending on your country of birth. The "line" to get the green cards has been getting longer and longer. http://travel.state.gov/visa/bulletin/bulletin_5856.html

      --
      Everyone that disagrees with me is a paid shill
    180. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Was that small list of people supposed to impress me? There are over 300 million people in the USA, and you're looking no better than the paranoid nutjobs that support the TSA because of 9/11. These things are unlikely.

    181. Re:Definition of a cap by GoogleShill · · Score: 2

      The number of sites is irrelevant once you bust enough publicly to make the risk not worthwhile for the rest. That's not a massive effort... A couple of existing ICE/DHS/other federal agency officers to patrol each state's construction sites would do the job. Your question is not pertinent because you fail to understand that the jobs exist now, and the jobs still need to get done. A house just doesn't get built because there are no illegals to put it together, right? A house gets built because there is a market for it, and someone is going to build the house and make a profit. It's just that some greedy people are exploiting the fact that the illegals can't report the employer due to fear of being deported and pay them sub-par wages and avoid insurance solely to make extra profit.

      Grandfather in every undocumented worker in the US, make it extremely risky for a company to hire an illegal and all you will do is help the economy while pissing off some xenophobes (I could care less about that). It also gives the illegals committing crimes an incentive to get a real job without fear of deportation.

      In fact, once you grandfather in every undocumented worker, the entire issue of illegal immigration becomes irrelevant. It becomes a legal issue for the tax dodgers. There also won't be an incentive for new illegals to come in because they won't have a chance to get a job. Yes, I know there are some that come over solely to sell drugs/guns/whatever, but that is such a small minority it's irrelevant.

    182. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      I'll see your 4 years of 6-figure and raise you 15 more. my parents paid their entire lifetime, some 40+ years of working. their parents, too.

      The point of this exercise is not to determine whose penis is bigger. I was just retorting your notion that foreigners have no investment and care nothing.

      you may very well decide to pick up and leave. I know I never will. that does mean something.

      Yes, that does mean something. That's why you are a citizen and I'm not. I'm willing to work towards my citizenship, though - work for everyone's benefit - and ultimately raise my kids here, and join my wealth and productivity to the whole of the commonwealth. Why would you deny me that opportunity? Who becomes poorer because I add to what your society already has?

      show me ONE country would give foreigners as much as we give foreigners.

      Canada, Australia and New Zealand are all easier and quicker to immigrate into than USA. Easier to get a work visa, as well (at least for Canada - been there, done that).

      extrapolate this further: you are the newcomer and I'm the 'older guy' here. lets fast forward another 10 years and maybe its some other country that is the 'cheap labor favorite' and you find yourself laid off and not able to work because the wages have fallen to yet another plateau. will you just say 'hey, we're just giving someone else a chance, now'? will you say that?

      People coming here to work and settle are not driving your wages down. We have the same living expenses as you do. We eat and drink and rent our living, buy a car and eventually take a mortgage for a house, and we pay American prices for that. So we ask for wages that are proportionate to that. I wouldn't come to US to work for minimum wage, or even your median wage. I came to this country expecting to earn a very good living - better than your average American. This is expensive, and my skills, talents and experience are, therefore, also expensive to any would-be employer.

      Furthermore, all that spending means that your economy grows bigger. I don't just "use up" a job that an American could take instead - by spending my money on goods and services, I also create business opportunities, which require additional jobs to service. In fact, with my wage and my spending, I suspect that the overall balance of jobs lost/created is in the favor of Americans so far.

      What drives your wages down is 1) outsourcing, and 2) disintegration of unions and the overall shift of power from workers to corporate elite. The entire H1B program is a drop in the bucket. Now, you should still be opposed to it because of the way it's structured to benefit corporations (by tying employees to them, making changing jobs unnecessary complicated and painful, and making losing a job extremely painful - all of which reduce the negotiation power of employees, and drive their salary demands down). But skilled immigration is a red herring. All it does is grow the economy - it does not affect employment rates. Since there's still plenty of land and resources in the USA, there's no logical reason to oppose that. If nothing else, all our taxes will help you pay off your government debt a century or two earlier ;)

    183. Re:Definition of a cap by mabhatter654 · · Score: 1

      Because those crackdowns are almost entirely against tan people. One of the fundamental requirements in the Constitution is that all citizens are treated with the same rights in every state. (And had we nailed that down in 1865 and sooner things would be way simpler).

      Effectively no state can make you "prove" you are a lawful citizen of some other state... The same rights are extended to everybody. By extension, a state can't make you prove you are from one part or another either... As much as they try to do that by flagging license plates.

      That's effectively what these laws are.. Permission for the "nice parts of town" to round up people from the "bad" part of the state for staying on the nice side after clipping the grass.

    184. Re:Definition of a cap by incog77 · · Score: 1

      Try to get a programmer job in India. You will politely be informed that Indian jobs are for Indians.

      This has nothing to do with "Saving the Indian jobs for Indian". It happens because
          1. It will be hard for the management to extract 12-16 hour workday from Americans, at low wages
          2. They havent paid bribes to HR or concerned parties
          3. The usual politics may not work on someone from different culture, or they won't know how to put you down if you start rising corporate ladder, which is very much possible.

      Most companies just want to extract as much as possible for the employees, in US they will pass a high level bill, in India they wont give you a job. Same difference.

    185. Re:Definition of a cap by KeensMustard · · Score: 1

      Our western notion of a social contract, where society collectively steps in and protects its weakest, the infirm and those otherwise incapable of seeing to themselves is, without question, superior to asian views on the rights of man in general and their so-called work "ethic" in particular.

      That you can even bring up a word such as "entitlement" in this context disqualifies you from taking part in a debate amongst adults.

      This.

      This is absolutely a question of ethics - we speak negatively of 'entitlement' but ethically humans are, by dint of being humans (and nothing else) entitled. This is the meaning of inalienable rights. In contrast, notional and insubstantial structures - the feelings of stockbrokers, corporations, these have no rights, they are rather, granted (by us) certain privileges and allowed to continue whilst they benefit us.

      Or so it should be. Something has gone wrong.

    186. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Lets elect an H1B holder to the senate and house.

    187. Re:Definition of a cap by Opportunist · · Score: 1

      Maybe you can shed some light on a question that has plagued me for ages: Why is it ok for a company to import a worker from south east asia because he is cheaper, but not ok for me to import a CD from there because it's cheaper? Why is territory protection ok when it benefits a corporation but a big nono when it benefits the consumer?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    188. Re:Definition of a cap by Opportunist · · Score: 1

      Then why is it ok to build an Iron Curtain to keep goods from coming in easily? Ever tried buying content in China and bring it back to the US?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    189. Re:Definition of a cap by nbauman · · Score: 1

      Very strong mixed feelings.

      I know foreign workers who were and are my friends. I've even helped them with their immigration problems.

      However, I know that the system harms me. Foreign workers are driving wages down and making the opportunities worse for us.

      The worst part, I think, is that corporations in the past used to hire people with no more than basic skills and ability, and train them. Now they don't have to train Americans. They can hire people with engineering degrees from India and China.

      Businesses don't even support education any more. Companies like Intel are getting tax breaks to build plants in certain locations. Those were the taxes that paid for schools.

      I think a good grand bargain would be to accept workers from around the world, in exchange for a European-type social safety net, that would make sure that Americans would be assured of the basics in life and have their own opportunities for free training and education when we're out of work. But we don't. And in fact we're going in the opposite direction.

    190. Re:Definition of a cap by nbauman · · Score: 1

      I blame the Democratic party even more than the Republicans.

      We showed the Democrats in 2000 that if they kept moving farther to the right, progressives would vote for third parties, enough to cost them close elections.

      But they didn't seem to take any lessons from that. They just kept moving farther to the right. Rahm Emanuel called us "fucking retarded" for wanting single payer health care. That wasn't just Rahm Emanuel talking -- he was talking for Obama.

      Well fuck him. I voted for Jill Stein and the Green Party last election. More people would if they understood why it was their interest to do so. She got 0.5% of the vote. That's 0.5% the Democrats could have gotten if they had served the people who voted for them rather than the people who wrote them checks.

    191. Re:Definition of a cap by Gr8Apes · · Score: 1

      The real question is what is the per hour rate they're paying H-1Bs. It doesn't matter if the pay rate is the same if the work hours is double, including those inconvenient "weekend" hours that most of us like to have off.

      --
      The cesspool just got a check and balance.
    192. Re:Definition of a cap by rtb61 · · Score: 1

      Open 'workforce' fine, let's puncture your lie and enforce minimum wages globally. Don't pay the minimum wage then your product get's stuck with an import duty that makes up the difference. What, you just want one way laws, that allows employers to screw employees and you want to strictly forbid any laws that protect employees at the cost of employers.

      Why do local deserve jobs more than immigrants brought in to undercut them, seriously how stupid or deceitful can you be. People came together and created a society through mutual and the establishment and adherence to laws, that society prospered many also had to lay down their lives to protect that society. Why, did they do it, to pass on the efforts to be shared by future generations.

      Why do you a member of this society deserve that job because this is the society that we created. For the immigrant, it is honestly up to the to create a better society in their homeland not to just cash in on the benefits created by the efforts of others and this just so that those benefits can be undercut and stripped away.

      Work visa's, should only ever be allowed to fill an need that can not be filled and never just to undercut those already employed. Those visa should serve the benefit of the majority of the society not just the mindless psychopathic greed of a minority.

      --
      Chaos - everything, everywhere, everywhen
    193. Re:Definition of a cap by Archangel+Michael · · Score: 0

      where society collectively steps in and protects its weakest

      Abortion. Of course, when you de-humanize people, it is much easier to kill them. Sorry, your ideals aren't fully realized. Nice try though.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    194. Re:Definition of a cap by Archangel+Michael · · Score: 0

      Unalienable rights are not entitlements. They exist without effort, without cause without demanding from anyone or anything else. You, alone on an Island have these rights. Enttilements (modern sense) are things REMOVED from some and GIVEN to others. People feel ENTITLED to these "things". And in our society, people feel Entitled without obligiation, where other cultures have a social contract that includes more "obligation" than "entitlement". There is a sense of shame when one doesn't meet their obligations, where here in the west, especially in the US, the whole goal of political body seems to be to get (increase) what you are "entitled" to, while incurring no "obligations" at all. Someone else will bail you out.

      And, I am a Libertarian, so I also agree with your stance on Corporations up to a point. They are legal entities and not persons, though for the sake of most politics, those are one and the same. However, I would postulate that by giving non-persons the same and equal protections of law as live human beings, you have diminished human rights as a whole. And this is where I happen to agree with my left leaning friends a great deal more than my right leaning friends.

      This is where I believe you and I would agree, that corporate boards and officers should be held PERSONALLY responsible for the actions taken under their direction, the same as if I directed others to commit crimes on my behalf. Charles Manson never directly killed anyone, yet he is in jail for murder none the less, because it was HIS direction which led to the murders. Corporate Boards and Officers should be held to the same standard.

      You are right, something has gone wrong, we've lost the ideal of what a "Right" is. As I stated before, rights exist, apart from and not depending upon anyone or anything else. THIS is why we are screwed, we've assigned the status of "right" to things others have, that we want and demand that we are entitled to those things equally, without cost. And it diminishes us all in the process. This is the road to tyranny.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    195. Re:Definition of a cap by adolf · · Score: 1

      Don't worry, if things like this law keep happening, you'll get a chance to try it for yourself.

      It is not a law unless it is signed by the President.

    196. Re:Definition of a cap by techhead79 · · Score: 1
      http://smallbusiness.chron.com/payroll-system-works-h1b-visa-consultant-37547.html

      http://www.cis.org/PayScale-H1BWages

      You write this crap and you get modded "insightful"? Jesus wept! How is money earned here, spent here and taxed here different depending on the nationality of the person doing the earning/spending/taxpaying?

      They are not paid the same or taxed equally. See the above links.

      What is the basis of this claim? Given the current exchange rate (i.e. the dollar is worthless) I have my doubts about that.

      a programmer working in India that does not have an outsourced job makes around about 8k USD per year. So if you could live like a king in your home country living with your family and friends vs living an average life in the US what would you choose? They ship the money back and pack in three to four people in just one apartment here in the states for a reason...it's not to afford a new car they all carpool in.

      What are you waffling about? Our company is full of H1B people who are all on the road to citizenship. If you want to discourage them from staying here, then keep up the anti-immigrant xenophobic rhetoric.

      Most of us here also know many non h1b programmers that are very good at what they do but instead of coming out of college and starting a job in the field they are stuck in another unrelated field or worse stuck in retail...construction work...flipping burgers. I've heard all the stories. We sell to these kids to get a degree in CS and you'll find a job but instead they hit this wall of must have experience to get hired. When was the last time you saw an entry level position open up at your company? I can't even think of the last time mine had one. The h1b workers I work with are also great people and hard workers. Some are average, some are below, and a few are great just like anyone in the states. The question is why are we hiring them? Just so you can keep your new h1b friends while our sons and daughters can't get a job if their life depended on it...which it does...

      Right. Our company used to hire graduates from American colleges. They'd take three days to do something a European graduate could do in a few hours. Fix the education system and become competitive with the rest of the world. That'd be a better approach than lowering the bar for your own people and raising it for others.

      Anyone coming from a first world country is not an accurate representation of how the H1B visa system is being used. See the links above. If a European graduate decided to up and move to the states you can bet his or her socioeconomic status is far above a huge majority of US college grads with a mountain of debt over their heads. It's like your taking someone that studied at MIT and comparing him with someone that studied at the local community college. I will admit there is a "problem" with our education system but that's hardly a discuss about h1b visas. My point is someone coming to the states from a 1st world country more than likely went to a better school and had a better background than most in Europe and the states.

      Another think I would like to note: Companies no longer hire and train. They hire with experience. If you've ever noticed the contract companies you work with will team people from their company together. 1 teaches and trains the entry level guy that got hired on when the company he's now working for isn't accepting ANY entry level people or training anyone. So fresh new faces come in with zero experience and get trained...also get trained by myself. While we continually push away college grads from the states with the exact same experience...zero.

    197. Re:Definition of a cap by torkus · · Score: 1

      I don't dislike foreigners. In fact, if you look back, our country consists almost entirely of them to begin with. I welcome diversity and the different perspectives it brings. As a manager, I employ people from many different demographics and each one brings something unique to my team. Their strengths contribute to the overall productivity of my company.

      However, companies who take advantage of the opportunity to hire people from outside the country at a lower pay rate - and at the expense of a job for a citizen of this country - irk me. 'Your' company is based in this great country. It benefits from our infrastructure, market, and people. Your executives, board members and stock holders profit thusly. Great. How about you 'give back' insofar as to at least employ people from the country that gave you this opportunity and your comfortable lifestyle. The blatant manipulation of the policy and refusal to contribute back is where my problem lies.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    198. Re:Definition of a cap by torkus · · Score: 1

      Can't disagree.

      When I was young (and perhaps naive) the concept of robots being able to do jobs in place of workers was new and profound. I thought to myself 'wow, if robots can do lots of this work faster/better/cheaper than the workers can work less hours for the same pay. We can make it so people don't have to work nearly as much to make a living and would have more time for their families.'

      Needless to say I hadn't realized how greedy and corrupt the upper echelon of society was and is. It's disgusting.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    199. Re:Definition of a cap by SourceFrog · · Score: 1

      Your view is not a generally libertarian one, actually, it's interesting that it's completely at odds with how most libertarians think. A libertarian view would consider that a true free market (in the global sense) is one in which labor is allowed to move freely, and that the controls that forcefully prevent laborers in other countries from moving to and working to the US in the first place are a form of massive interference of the free market.

      Unfortunately, I have come to agree with that, for the simple reason that no amount of wishful thinking seems to change the fact that it's true.

      --
      My other UID is three digits.
    200. Re:Definition of a cap by SourceFrog · · Score: 1

      They're supposed to treat them well, but trust me - there's a world of difference between a boss that can fire you and one that can put your ass on a plane back to Asia.

      But isn't the real solution here that your wife should have been allowed to look for other jobs? The lower wages (which by the way are a violation of immigration law if true) are because the employer has complete control over the employee until they get a green card (which takes many years) ... if she could look for other jobs, her wages go up, and thus also average wages for that type of job go up (because Americans would not be competing with slave labor).

      --
      My other UID is three digits.
    201. Re:Definition of a cap by SourceFrog · · Score: 1

      I say modify the H1B visa program to be an official citizenship-seeking visa. Require H1B visa holders also apply for a green-card starting as soon as they are on US soil and make that application the visa holder's responsibility and take the employer completely out of the loop

      This, this and this.

      --
      My other UID is three digits.
    202. Re:Definition of a cap by khallow · · Score: 1

      Arguments like yours are based on the assumption by Milton Friedman and his ilk that jobs are just as fungible as money, and that it's *your fault* that your price is too high by your simply living in civilization. You are being forced into a race to the bottom. Races to the bottom have no winners.

      I guess you can call a case of straight forward competition "race to the bottom". It's a bit wall-eyed to do so, but you're free to call competition whatever you want to call it. In practice, competition has plenty of winners, namely, everyone else. So everyone in those "poorer countries" is a winner, for example (the "bottom", if you will is steadily improving). And every time someone buys a good or service made with cheaper developed world labor, that person is also a winner.

      As to Milton Friedman, does it really matter if he cast some moral connotation on a choice? As I see it, you can chose whatever you want to. But there are consequences to making choices. For example, choosing to live in "civilization" that by its nature causes your price to be too high, well, that has consequences which I suspect Friedman is quite accurate about even if one chooses not to assign blame.

      And corporate bootlicking? Totally turnoff. Yea.

    203. Re:Definition of a cap by khallow · · Score: 1

      I hate when people use that word. to me, it implies that you think its not fair that when you pay into a system for your lifetime, that you get a return on the other end, later on.

      Too bad. What "social contract" implies to me is a bunch of bleating sheep trying to get more out than they put in.

      I've posted about 'social contract' before and its a key issue, here. its not 'entitlement' when you pay so much tax over decades, your parents did, even grandparents. you have invested in your own social system and you expect (no, DEMAND) that it take care of you. you paid your dues!

      Except what did you do to deserve that? I invest in the local sewer system every time I flush the toilet, but I don't expect it to take care of me. I similarly flush money on various mandatory social welfare schemes (in the US, Social Security, unemployment insurance, Medicare/Medicaid, etc), but I don't have an expectation that these will be around when I need them.

      Why should I? The only people making promises are a bunch of vapid politicians. Rather than putting my hopes in a crap handling system, I'd rather save money and try to make a stand myself. Self-reliance isn't perfect, but it's a lot easier to listen to than whiny dependent entitlement.

      I pay into the system and I know I'm helping to pay for those that are a generation ahead. fine with me, they earned a good life and they deserve to be taken care of. call me a commie if you want, but taking care of our people is what makes us human.

      And who's going to take care of the next generation? Pension schemes, private and public, world-wide are failing because they too often can't pay out what they promise. It's a near universal problem. Taking care of people is nice, but not when it's at the expense of other people who won't get that care. Creating unsustainable systems doesn't help in the long run.

    204. Re:Definition of a cap by khallow · · Score: 1
      I have an additional comment on what I think "civilized societies" are, or perhaps, should be.

      this is not a fucking GIFT. its what civilized societies do. they take care of their own people.

      My view is that civilized societies build for the future, the "old men plant trees whose shade they shall never rest in" thing. It's not "I paid my dues!"

    205. Re:Definition of a cap by Anonymous Coward · · Score: 0

      What does that tell you about the people who voted for them?

    206. Re:Definition of a cap by amirishere · · Score: 0

      I believe that preferential voting system can help the sort of deadlock you are stuck in for example this sort: http://en.wikipedia.org/wiki/Instant-runoff_voting

      With this third parties have a better chance of getting voted up.

    207. Re:Definition of a cap by Anonymous Coward · · Score: 0

      We seem to be the only country more interested in making everyone besides ourselves (assuming you exclude corporate 'personas') happy...at our own expense.

      Almost.

      We could have made ourselves and others happy if the WTO rules written in the early 1990s provided for tariffs on goods and services produced in countries with starvation wages and egregiously lax pollution laws.

      Not doing that, but writing the laws to benefit multi-national corporations seeking lowest possible costs and to externalize every possible cost of social good, we have exported our middle class opportunities.

      Basically, given their sheer numbers, until Chinese workers get fed up with exploitation of their labor and environment, we're going downhill.

    208. Re:Definition of a cap by microbox · · Score: 1

      "We're paying to much for labor, flood the market with H1-B's so labor will be cheaper."

      That's not what they say. Instead they bitch and moan about how hard it is to get qualified employees, and the politicians believe it. The campaign contributions help with the belief part.

      --

      Like all pain, suffering is a signal that something isn't right
    209. Re:Definition of a cap by magic+maverick+ · · Score: 1

      I don't have a horse in the race. I just saw this post in the meta-mod queue and wanted to respond to 'social contract'. I never signed a social contract. I never agreed to any implicit agreement. You won't find my blood drying or dry on any piece of paper. The social contract idea is bunk. It's bullshit. It's not worth the paper it isn't written on.

      But you know what? There isn't anything any of us can do about that. Government doesn't give a hoot if you agree or not to their rule. They just rule. Apologists for government excess made up this non-existent contract to force people to follow the rules. But laws are not morals or ethics, and the only reason to follow many of them is so that you won't get into trouble with the bully with the guns.

      --
      HELP MY ACCOUNT HAS BEEN HACKED BY AN ILLIBERAL ART STUDENT SET TO DESTROY THE INTERWEBZ!
    210. Re:Definition of a cap by anushr · · Score: 1

      show me ONE country would give foreigners as much as we give foreigners. we give so many chances, its not even funny

      An uncle of mine immigrated to Sweden several years back. The Swedish government paid for Swedish language lessons, paid a stipend to go to college to improve his skills and also pays for his diabetes medication. And why do they do this? Because they realize that once he becomes a tax paying resident, it's a win-win. Don't get all high and mighty about how easy it is to immigrate to the US. The fact is that the US is one of the hardest English-speaking countries to immigrate to. Literally every other English-speaking country has a points based immigration system (based on skills), unlike the US which makes immigrants beholden to their corporate masters.

      but go somewhere else and try to become a citizen

      I actually recently met a Belgian man (founded the Chennai trekking club) and another French woman who are Indian citizens. It's not very common to see this because not a lot of foreigners want to come from a developed to a developing country. But make no mistake, it's not this impossible task that you try and make it out to be. Literally every democratic country has a pathway to citizenship. Back to my uncle, he was able to become a Swedish citizen in 4 years. Contrast that to the 10 years it takes for a Chinese or Indian to become a US citizen.

      in some countries, you NEVER can; not really. you HAVE to be born there. that's not true about the US

      You're absolutely right. But do you really want put yourself in the same league as dictatorships and monarchies. Come on, let's stick with democratic countries shall we?

      I have a lot more invested in this country than you do.

      And why is that exactly? Just because you say so? I'd argue that immigrants have a LOT more invested because they had to work for it -- you had it handed to you from birth. They moved to give their children and their children's children a better life. Your parent's parents probably did it for the same reason. It's not easy leaving your whole life and your home behind, it's a big decision and a mighty tough one. It's not easy to just "pick up and leave" on a whim.

    211. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Don't have enough jobs for all our IT workers??!!!!!!! I live in Iowa. Companies are looking for IT workers since more than a year. I have been offered by my employer $8000 to just refer to a person who can join the company. I am trying my best but can't find one single guy who has the correct skill set. It is very unfortunate that our young guys are not interested in IT work and we look for guys from other countries.

    212. Re:Definition of a cap by gmyuriy · · Score: 1

      Fix that, and I bet you'll see far more people staying. I mean, why wouldn't we want to? US isn't perfect, but it's vastly better than all developing countries out there.

      You probably hadn't been around for the past 3-5 years. Why would anyone *want* to come to the US? The country with ~100% GDP/debt ratio, fiscal cliffs every 12 month, deadlocked politicians, out of control copyright and "terrorism" legislation, overpriced (understatement) health care, failing schools, no real manufacturing, and advanced r&d focused on the fads along the lines of twitter and facebook??? there are still very sad places around the world, but fyi most of the "third world" had started to carve its way out of the shit-hole the US had been keeping it in for the past 50 years.

    213. Re:Definition of a cap by Omestes · · Score: 2

      Unalienable rights are not entitlements. They exist without effort, without cause without demanding from anyone or anything else.

      Where do these "unalienable rights" come from, and if they are without effort please explain all the effort that was required to secure them, and force others to recognize them? None of these "unalienable" "effortless" rights came without a fight, and often they were carved from what others viewed as their rights (kings, the aristocracy, white men, etc...). Rights come from something, they aren't a priori, they didn't spring up ex nihilo, they have to have a source to mean anything. You can't claim they are natural, since they didn't exist for 90% of human history (and didn't exist, obviously, before humans), and many of them don't exist for much of the world now. Rights are just a social contract, they exist wholly within the society that recognizes them, and they only matter because we recognize them. They aren't magic. There has been huge fights, even in recent history, over CLAIMING rights.

      Taking a long view, an "entitlement" is just a "right" that hasn't been accepted yet. What would be the difference between being "entitled" to healthcare, or education, and having a recognized "right" to them?

      There is a sense of shame when one doesn't meet their obligations, where here in the west, especially in the US, the whole goal of political body seems to be to get (increase) what you are "entitled" to, while incurring no "obligations" at all. Someone else will bail you out.

      If the obligations don't benefit the society as a whole, and the people who constituted that society, then those obligations are suspect. If your obligations are legally dictated, and exist only to benefit government or industry, then those obligations aren't valid. This ignores the fact that the west is swimming in obligations, and these obligations are not magically lesser than societies with obligations you are fond of, of were brought up in.

      As I stated before, rights exist, apart from and not depending upon anyone or anything else.

      And where did they come from? In the billions of years before humans existed, were just just floating around in the air waiting for us to claim them. Are there still rights floating in the ether they we haven't yet discovered? Rights are a social construct.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    214. Re:Definition of a cap by Omestes · · Score: 1

      Too bad. What "social contract" implies to me is a bunch of bleating sheep trying to get more out than they put in

      Wow... I'm actually almost speechless. Obviously not completely, since I'm writing this... but... Wow.

      Have you actually ever read a book on politics, or the evolution of government, or even about what our Founding Fathers were thinking, and basing their creation around? You realize that the idea of a "social contract" is pretty much vital to the reasoning that lead to the founding of the US, and all the Libertarian and Constitutional ideas that people like to bandy around?

      Seriously, if some very smart people never developed the theory of the social contract, you'd still be living in a kingdom, as a serf.

      I similarly flush money on various mandatory social welfare schemes (in the US, Social Security, unemployment insurance, Medicare/Medicaid, etc), but I don't have an expectation that these will be around when I need them.

      Why not? My parents are currently reaping the Social Security that they sowed for 50 years. They also are receiving all that Medicare that they paid into... Its amazing! Perhaps your view is the problem, I expect to get the benefits of what I pay into, so I'm invested in the health and longevity of these programs. I don't see why I should expect less out of life than my parents.

      You are ENTITLED to Social Security, because you pay into Social Security. I'm also entitled to my bank giving back the money in my checking account, because I payed INTO my checking account. Same thing. I'm also going to be ENTITLED to Medicare, since I've paid into it my whole life. I'm ENTITLED to police and fire service, since I've paid into them my whole life, via taxes. I'm entitled to every other government service (military protection, economic protections, a body of law, enforcement of said laws, fair elections, and generally keeping me safe from big guys who I have no individual way of protecting myself from) because I PAY for them. I am entitled. As are you. As is every other tax payer in the country. Just like I'm entitled to my paycheck, because I give my labor to an employer, via a contract.

      , I'd rather save money and try to make a stand myself. Self-reliance isn't perfect, but it's a lot easier to listen to than whiny dependent entitlement.

      And then something happens, and you're screwed by random chance. My father's 401k lost over half its value a year before he was supposed to retire. Luckily he as Social Security and a Union pension. Otherwise he'd be living with me and my girlfriend, or on the streets living off handouts. Self-reliance is fine, until you realize that there are tons of circumstances completely out of your control, and thus the consequences aren't yours to control. This might not be a problem for some, but it is to me, since I am not a sociopath.

      And who's going to take care of the next generation? Pension schemes, private and public, world-wide are failing because they too often can't pay out what they promise. It's a near universal problem. Taking care of people is nice, but not when it's at the expense of other people who won't get that care. Creating unsustainable systems doesn't help in the long run.

      By nature pension schemes and social security are secure. You get out, what you pay in. They fail because they are mismanaged. Our government, and many unions, used them as slush funds, and now they are hurting. Its like the head of your company using the profits derived from your labor to buy a nice new yacht, and then deducting it from your wages.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    215. Re:Definition of a cap by Anonymous Coward · · Score: 0

      To help make the rich people that fund senate campaigns even richer-that is what this is really all about. These visas are valuable to employers-and they are strictly a corporate welfare give away. The fees are not set at anywhere near where the demand would be if the US government auctioned off the visas.

    216. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Your arguments holds weight for countries like Germany and Japan-that actually could attract US workers with decent wages and living conditions. I doubt VERY much you really want to work at the wages typical in China-which are less than 10% that of the US(even adjusted for cost of living).

    217. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      Again, that depends on the employer. I'm on H1B, and I work 10-6, and my weekends are mine alone, as are vacation days (which I'm using up fully). So the hourly rate they pay me on paper is the actual rate.

    218. Re:Definition of a cap by Anonymous Coward · · Score: 0

      "You cannot spell 'socialism' without 'social'." If you want worker rights to be represented in Congress, start building up an actual left side in your politics instead of calling the Dems "leftist" when they would be considered a right-of-center party here in Europe. The republicrats are in the pocket of business owners, not workers.

    219. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      I am an immigrant myself. Trust me, with all your problems, you're still far better off than even Russia (which isn't technically third world), much less India or China. Sure, they might have started "carving their way out", but it will still take decades - and that's assuming they don't stumble along the way.

    220. Re:Definition of a cap by khallow · · Score: 1

      Too bad. What "social contract" implies to me is a bunch of bleating sheep trying to get more out than they put in

      Wow... I'm actually almost speechless. Obviously not completely, since I'm writing this... but... Wow. Have you actually ever read a book on politics, or the evolution of government, or even about what our Founding Fathers were thinking, and basing their creation around?

      Unfortunately, you weren't speechless and generated a fair amount of noise. Reading books doesn't inform you what people currently think a "social contract" is. In your own words:

      I've posted about 'social contract' before and its a key issue, here. its not 'entitlement' when you pay so much tax over decades, your parents did, even grandparents. you have invested in your own social system and you expect (no, DEMAND) that it take care of you. you paid your dues!

      The selfishness of that statement is abominable. There's another sort of system that also has the paying of dues. It's called the pyramid scheme. Some few lucky early adopters get more than they put in. The rest get screwed to varying degree. And usually the one engineering the pyramid scheme walks away with a vast amount.

      My view is that most pension systems whether public or private, for example, are pyramid schemes. More is promised than is being put into the system. So not everyone is going to get what they DEMAND out of the system.

      By nature pension schemes and social security are secure. [...] They fail because they are mismanaged.

      Nope. Future promised benefits for current payment is fundamentally insecure because the promised benefits aren't sure to happen. And the "mismanaged" aspect is just a manifestation of this.

      Since we're speaking of the US system more or less, it's worth noting that a private business would go to jail for fraud, if they tried the same accounting tricks that are used for Social Security. There are many tens of trillions of dollars of liabilities in Social Security that aren't on the books. The fundamental long term insolvency of Social Security was painfully obvious for decades to anyone that was paying attention.

      The only way you can make the system balance now is to pay future recipients less than they put in. And that's what will happen whether by overt reductions in benefits or hidden reductions via inflation and other wealth-destroying economic games.

      I think Social Security is a multigenerational pyramid scheme that's now entered the failure phase. This is typical of the "social contract" we have now rather than the one we should have had. It's a bunch of poorly thought out or even fraudulent programs that do little, if anything for us or our societies at considerable cost. In the end, it's all about getting yours before the con falls apart.

      So here's my conclusion. So you "paid your dues"? Too bad. You'll probably get some of that back. But you should have worked harder to stop some of that "mismanaged" fraud back when you were "paying your dues". Now we have to clean up your "social contract" mess.

    221. Re:Definition of a cap by toddestan · · Score: 1

      Well, the whole "overqualified" thing is the idea that the employee won't hang around and will leave for a better paying/more interesting job when one comes available. The H1-B is the opposite of that, since it's very difficult for them to leave or change a jobs so the employers can treat them like crap without worrying too much about them jumping ship.

    222. Re:Definition of a cap by Omestes · · Score: 1

      Reading books doesn't inform you what people currently think a "social contract" is.

      Maybe not, but just because some people think it means something different than originally intended, it doesn't not devalue the original idea. Hobbs, Locke, and Rousseau, and company, don't disappear because someone has a different spin on the turn. Actually, if you look at that list, you'll notice they had different spins on the same concept as well.

      In your own words:

      Those weren't my words. Nor are they my ideas. I actually think the poster misused the term "social contract" in this case. He instead meant a social or legal obligation, which is a different thing.

      Nope. Future promised benefits for current payment is fundamentally insecure because the promised benefits aren't sure to happen. And the "mismanaged" aspect is just a manifestation of this.

      Nothing is sure to happen, does this mean we shouldn't bother with anything? If they weren't mismanaged, and no one was allowed to touch those funds, then how would they be insecure?

      Hey, I'm not the largest fan of how SS works. But it is better than nothing. A safety net might be a big bad "entitlement", but in the view of the lives of actual people, it is a necessary thing. I'm also a fan of not having to work until the day I die, and having a small modicum of security right now. I''ve got money in various long term saving schemes, but I trust the market less than I trust the government. Recent history gives good reason for this (as stated, my parent's 401k lost half of its value in a little over a week).

      Please don't read more into that statement than was intended. I think the market is fine for 99% of things, and I distrust the government on 75% of things.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    223. Re:Definition of a cap by toddestan · · Score: 1

      Do you know why no one has the skill set you need? Because all the entry level jobs that used to go to people entering the workforce now all go to H1-B's or are simply outsourced. It's no wonder that anyone trying to get into the field gets discouraged and ends up working retail or something like that. Meanwhile, people aren't building up the experience needed to fill those senior level positions. The whole idea that there is a shortage is a myth. Go hire a recent graduate and train them up.

    224. Re:Definition of a cap by cmorriss · · Score: 1

      > Wages in the US have not been on an inevitable downward march,

      Adjusted for inflation, this statement is bullshit. Since 1999, household income has *fallen.* That's 14 solid years.

      But hey, you go look up these facts yourself. They're googleable.

      --
      BMO

      Umm, I'm not sure where you got your data since you didn't provide a source, but googling produced something different. Inflation adjusted wages have been pretty flat since 2000 at every income level. I actually have graphs to back this up. The bottom shows them going up from 2000 to 2007 and then dropping as would be expected in a recession.

      http://www.advisorperspectives.com/dshort/charts/census/household-income.html?household-incomes-mean-real.gif
      http://en.wikipedia.org/wiki/File:US_real_median_household_income_1967_-_2011.PNG

      --
      10 minutes working on a sig. What a waste.
    225. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Even Milton Friedman regarded the H-1b program as a subsidy to employers.

    226. Re:Definition of a cap by man_of_mr_e · · Score: 1

      Why would I complain about that? That would be stupid. We complain about our own self-interests.

    227. Re:Definition of a cap by man_of_mr_e · · Score: 1

      That's largely a scam. Many companies have hundreds of job openings they claim they can't fill to provide proof that more visas are needed.

      Instead, they refuse to hire qualified people based on various reasons. I've worked for companies where I recommended hiring various candidates because they were qualified, only to have them drag their feet at extending an offer until the candidate just went away.

      Still, in a place like Iowa, there is a much smaller talent pool than places like Silicon Valley, Dallas, NYC, Raleigh, etc.. And getting people to relocate there is quite difficult. So it may be that in places like that H1B's are more necessary.

    228. Re:Definition of a cap by Grishnakh · · Score: 1

      We American (and westerners in general) have no real concept of extended family clans any more.

      You say that like it's a bad thing. Why should I care more about someone just because they happen to be my cousin, rather than someone I"m not related to yet I share a lot in common with? I don't have anything in common with my extended family.

      Valuing familial relations over real relationships with other people leads to nepotism, and dysfunctional family behavior where family members act extremely unethically so they can defend and enable one person in their family who's a slacker or worse a sociopath or criminal. Every time I meet a family where they have a strong "clan" mentality like that, they're always rife with dysfunction and codependence.

    229. Re:Definition of a cap by Anonymous Coward · · Score: 0

      JDG I couldn't agree with U more. Very well said. My question is why R letting these useless bags of cra* (US Senators) get away with it? Dem or Repub their all cooperate tools.

    230. Re:Definition of a cap by gmyuriy · · Score: 1

      Speaking of Russia, to be on the bright side, you should recall how long it took Russia to go from one of the "world's superpowers" to "3rd world country". The one thing we learned from Russia's collapse is that the things you think will take decades often happen in less than a year. Once the breaking point is reached, it snaps, you will never see it coming... simple as that.

    231. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      USSR was a world superpower, but its citizens did not derive too many benefits from that, at least in terms of quality of life. And I believe that issues ascribed to US are blown out of proportion (some people love their sky to be always falling). Not saying they aren't there, but it's nothing this country can't handle, judging by its track record.

    232. Re:Definition of a cap by volmtech · · Score: 1

      I'm assuming you are Western European. We have waaay to many of your type here already.

    233. Re:Definition of a cap by volmtech · · Score: 1

      There are more illegals here than the entire populations of Sweden, Norway and Denmark put together. They have their own economy. They migrate back and forth across the southern border just as the herds on the Serengeti migrate to new feeding grounds. A well defended wall is the only thing that will keep new ones from coming in. The ones here have already bought enough congressmen that deporting more than a token few will be imposable.

    234. Re:Definition of a cap by czth · · Score: 1

      pay is lower than it should be

      How high "should" pay be, and why? How do you know? Whose head are you going to hold a gun to to make it so?

    235. Re:Definition of a cap by Anonymous Coward · · Score: 0

      The tax rate on foreign workers in India would be the same as for local workers. And there would be no VAT on top of income tax, since VAT is a indirect tax while income tax is not.

      In working over 10 years in India, I don't think I have seen any 'imported' American English teachers or technical mentors: local skills seemed sufficient enough.

    236. Re:Definition of a cap by LordLimecat · · Score: 1

      You seem to mistakenly think Im arguing for one type of visa or immigration or another.

      Im not, Im commenting on the attitudes I see, and trying to come up with a reason why the job market should be restricted as it is. Maybe it should be, the reason I posted was I wanted people's takes on it.

    237. Re:Definition of a cap by LordLimecat · · Score: 1

      From wikipedia:
      http://en.wikipedia.org/wiki/File:United_States_Income_Distribution_1967-2003.svg
      Thats in 2003 dollars; almost every line has trended upwards, and none have fallen.

    238. Re:Definition of a cap by Anonymous Coward · · Score: 0

      What a waste. Many people on H1Bs actually do only want to work for a little while, and not get a green card. They want to go home. If they get a green card then the USA wants a piece of the action in the form of taxes for every cent the person earns in whatever country they earn it from that point on!!! I'm going to the USA soon on an E3 visa, which is a special version of the H1B for Australians. There's no way I'm going to try to get a green card given those tax implications. Even if I never had to actually end up paying the USA any tax after i leave, due to credits for tax paid in the country the money is earned, there's no way I'd want to have to jump through the documentary hoops every year to satisfy such an arrogant position by the USA government.

      Fuck em.

    239. Re:Definition of a cap by LordLimecat · · Score: 1

      My reality is that I asked people to justify their positions on slashdot and about 20% of the posts have been civil and informative, the rest have been karma whoring, name calling, and generally unhelpful.

      I understand that wages will be depressed, my question is focused on whether it would better for everyone in general if the market were more opened. Obviously it would not benefit american salaries, but that wasnt my question; if "benefitting american salaries" were the end goal, noone here would have any right to complain when CEOs do things that "benefit CEO salaries" by manipulating the job market, either.

      To be clear, i dont believe I ever mentioned H1B or any other particular sort of visa, it was a general question.

    240. Re:Definition of a cap by LordLimecat · · Score: 1

      Overqualified generally means that the company thinks that there is very little pressure or incentive for you to stay with them, and that it would just be a gigantic waste of time and money to start employing you.

      That generally isnt going to be the case with a Visa worker, since if you quit you get shipped back home.

    241. Re:Definition of a cap by Mathematiker · · Score: 1

      This isn't the free market at work. The free market raises wages when there's a labor shortage.

      Umm... A labour market where people from different countries can work in your country seems very much MORE free than a labour market where working in your country is forbidden.

      In fact, forbidding people from working where they want to work seems dangerously like one of those "government regulations" that you libertarians want to abolish, no?

    242. Re:Definition of a cap by Jah-Wren+Ryel · · Score: 1

      Many people on H1Bs actually do only want to work for a little while, and not get a green card.

      I'm sure there are. But it ain't in the interest of the US as a whole to cater to them.

      --
      When information is power, privacy is freedom.
    243. Re:Definition of a cap by Anonymous Coward · · Score: 0

      ...and we need more people with an "official" unemployment rate of 9+%?

    244. Re:Definition of a cap by Gr8Apes · · Score: 1

      Then you work for a moral and ethical employer. I've seen others that weren't so lucky. Also, what's the reason to hire an H-1B over a US resident at this point, with so many out of work? (Yeah, I know the complaints about unqualified people, but my interview history shows no increase in quality of applicants if they are H-1B vs residents, and I've never had a desired candidate that was an H-1B... Then again, by the time they get to the qualification levels I'm looking for, they're probably already residents or citizens.)

      --
      The cesspool just got a check and balance.
    245. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      My employer is Microsoft, but I've heard similar tales of experience from acquaintances working on H1B for Google and Amazon. The first two, between them, are responsible for a considerable proportion.

      Also, while I can't speak for their hiring decisions, I know that they do have a considerable problem finding candidates to fill in the available software developer positions, at least non-junior ones (but not necessarily senior). And they don't specifically go looking for foreigners right off the bat - when a manager has an unfilled slot on the team, all he cares about is filling it, and if an American resident applies, then he saves a fair bit on his recruiting budget (because relocation expenses from, say, East Coast are several times lower than from India). It's not that there's a shortage of applicants, but most are people with very little experience, or outright clueless (and that for mid-level / senior positions). Meanwhile, the actual experienced guys you can find on, say, LinkedIn, but if you ask them if they want to change jobs, the answer is almost always a resounding no.

    246. Re:Definition of a cap by khallow · · Score: 1

      If they weren't mismanaged, and no one was allowed to touch those funds, then how would they be insecure?

      Again, because they are future promises and I might add by parties that never can have your best interests at stake, be them some sort of government bureaucracy or the private equivalent. There's always risk involved when you're counting on a future action especially by someone else. And those are rather broad conditionals, I imagine most pensions suffer from a combination of both mismanagement and the ability for others to "touch" those funds.

      Hey, I'm not the largest fan of how SS works. But it is better than nothing.

      I strongly disagree. I think it is worse than nothing. First, it redistributes wealth from those who need it (people trying to raise families and build lives) to those who don't (the elderly who also happen to be the wealthiest part of society).

      Second, it allowed the US govenrment for a period of decades to have tens to hundreds of billions of dollars more per year to play with than they should. All that Social Security "surplus" has been squandered.

      Third, it creates dependency and confuses expectations of the future. For example, I imagine most people retiring today has deliberately saved up less money than they would have otherwise because they expect Social Security to go through.

      Or how much should people who will retire in a few decades save up? Will Social Security contribute in a meaningful way by then? Who knows?

      Fourth, it's helping create intergenerational conflict. Budget problems combined with the various generations and their conflicting interests, create typical zero/negative sum game conflict. Every dollar that goes to Social Security benefits is a dollar that isn't going to educational loans or publicly funded child care.

      For example, consider all the whining about the "Baby Boomers," the first TV generation. A lot of that comes from the consequences of short sighted programs like Social Security which aren't for the most part the Boomer's fault, but for which they get the blame because they're the ones trying to protect the benefits.

    247. Re:Definition of a cap by LordLimecat · · Score: 1

      Apparently the definition of "selfish" is now "asks questions about other's welfare".

      Apparently honest questions are not welcome on slashdot.

      Apparently name calling is the new mark of civility.

      Oh, the things I learned today.

    248. Re:Definition of a cap by LordLimecat · · Score: 1

      My question was on "what is right". "What that guy is doing" doesnt really play into the questions I was asking.

    249. Re:Definition of a cap by LordLimecat · · Score: 1

      YOu apparently completely misread my question as being for benefitting corporations or something.

      I dont know that I agree with territorial restrictions, or that I have any specific stance on them. Nor do I really care whether visas really benefit corporations or not.

      Apparently some questions just are not to be asked here on slashdot.

    250. Re:Definition of a cap by Opportunist · · Score: 1

      Territorial restrictions are pretty much what visas are about as well. Whether I buy goods, services or work force abroad, what exactly is the difference? Commodity is commodity.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    251. Re:Definition of a cap by WOOFYGOOFY · · Score: 1

      Fuck you it's not a moral issue you fucking moron. It's called a nation and for people to be satisfied in their nation they have to have some means of being gainfully employed. It has nothing to do with "deserving" ; it has to do with nationhood. Fucking asswipe.

    252. Re:Definition of a cap by Gr8Apes · · Score: 1

      I know of several instances of H-1Bs that were definitely mistreated, as described above. No, I'm not West Coast. 80-100 hour weeks were not unheard of, and there was certainly no concept of "weekends". Additionally, I know for a fact they were paid 10-20% less on top of it all.

      I can also believe that 2 of those three you mention have trouble finding quality employees primarily due to their reputation, and for the third, the impression among anyone with intelligence is that the boat has sailed long ago. Unsurprisingly, the employees they most want will be the last employees looking to be hired by them. Something about being a minuscule fish in a large machine. (Just to mix metaphors) They'd rather work somewhere where they feel like they will have some influence and see the results of their efforts. Oracle would also fall into that camp.

      --
      The cesspool just got a check and balance.
    253. Re:Definition of a cap by shutdown+-p+now · · Score: 1

      I am not at all surprised that some H1Bs are abused, because there is definitely potential in the system for it due to all the restrictions that come with the visa. It's all a question of scale.

      Something about being a minuscule fish in a large machine. (Just to mix metaphors) They'd rather work somewhere where they feel like they will have some influence and see the results of their efforts.

      I definitely know the feeling, and I've been in that situation in the past - but even MS has small teams that are largely free to decide what they do, and release products directly to the customers. Granted, there aren't many, and getting onto one such is not easy, but it's doable - and once you get there - you have the perks and job security of a corporate job, sans most of the usual BS associated with it, and most of the fun of a startup.

      I'm one of the developers working on this - so I get paid by MS for writing and shipping FOSS; and the features that we do in every release are guided in a large extent by what users have voted for in the issue tracker. And it's not all Windows-centric, either - we also do things like cross-platform Azure APIs for Python (and specifically test them on Linux), or remotely debugging Python running on Linux or OS X.

    254. Re:Definition of a cap by Bob+the+Super+Hamste · · Score: 1

      Well one of the Dems is one of my senators. Amy Klobuchar is generally a senator who doesn't like to make waves or get noticed. She is fairly liberal in her voting record but unlike Bachmann isn't very outspoken and seems to do a fairly good job of staying out of the media's attention. Senator Klobuchar tends to very much in the nanny state camp and her most notable piece of legislation was a national standard for pool drains. She also supported the overly broad lead in toys act (the one that got passed after kids swallowed all sorts of lead tainted crap from China a few years back) which caused all sorts of problems in our state because of the lead terminals on the lead acid batteries that are part of youth model dirt bikes and ATVs which fell under purview of that act. I was a bit confused for a short while wondering why she was supporting this and then realized 2 things that made it clear.
      1. She just won re-election by a wide margin so everyone has 6 years to forget about this.
      2. She probably needs to pay some dues to some of the large technology companies in Minnesota as she really screwed them with the Affordable Care Act and the medical device tax that is levied against device manufactures.

      --
      Time to offend someone
    255. Re:Definition of a cap by Bob+the+Super+Hamste · · Score: 1

      Except that these are senators who run in state wide elections, not in strangely drawn congressional districts.

      --
      Time to offend someone
    256. Re:Definition of a cap by Bob+the+Super+Hamste · · Score: 1

      Sadly one of my senators is listed but I didn't vote for her and worked to get her opponent elected. She still won in a land slide (basically 65% to 35%) but I doubt that her opponent would feel differently on this issue but probably wouldn't have been one of the senators drafting the legislation.

      --
      Time to offend someone
    257. Re:Definition of a cap by Bob+the+Super+Hamste · · Score: 1

      Your story sounds similar to my previous bosses except he was the one immigrating here legally and was married to a US citizen. It is a sad state when doing things the illegal makes becoming legal easier than doing it right from the fucking start.

      --
      Time to offend someone
    258. Re:Definition of a cap by CptNerd · · Score: 1

      Not to mention wouldn't help if someone runs unopposed.

      --
      By the taping of my glasses, something geeky this way passes
    259. Re:Definition of a cap by morgauxo · · Score: 1

      You can only have gerrymandering if there are enough supporters of the status quo to make significant population pockets where they are in the majority. Even if the politicians in charge are 'cheating' through gerrymandering I still see this as fundamentally a failure of the people.

    260. Re:Definition of a cap by Anonymous Coward · · Score: 0

      Because it seems remarkably cold to bitch about "fat cats on wall street" on your ipad twitter account as millions of potential workers in india live in abject poverty.

      Oh fuck off Mr. LordStrawcat. Being able to buy an iPad and use a free Twitter account doesn't automatically make someone part of the successful middle class. It's hilarious how concerned you are with the poor when they're in some other country when you can't give a damn about any of the working poor in the US.

      Seriously, take your blatant shaming and shove it up your ass. "You own consumer electronics? Shut up and quit whining because you don't have it as bad as someone living in a ghetto in India."

  2. negatory, cut them back, hard by swschrad · · Score: 5, Insightful

    if you want to educate the next generation of IT workers in the US and have them stay here for their lives, adding to the economy, start cutting back on H1Bs now. it's just an excuse to in-shore cheaper help and shoo them away before they start complaining.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:negatory, cut them back, hard by cayenne8 · · Score: 4, Insightful

      With unemployment so high in the US as it is....they'd better sign off that EVERY US citizen potential employee is hired first....then start letting outsiders in.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Is there any organized group attempting to do that?

    3. Re:negatory, cut them back, hard by im_thatoneguy · · Score: 3, Interesting

      Agreed. Seriously reduce H1Bs and offer them citizenship if they agree to stick around for 10 years.

    4. Re:negatory, cut them back, hard by MickyTheIdiot · · Score: 1

      People that are not of the "corporate class" (hint: this doesn't include workers in corporations... this is the CEO & Executive class) have, for all intents and purposes, NO VOICE in lawmaking.

      Why are there so many people that don't see this as a problem?

    5. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      I have a BS from SUNY in computer science, Cum Laude. graduated 2009, career is stillborn due to my drug felony conviction. Hoping to get it sealed or expunged. I suppose I should try harder to apply to places. I did try to start my own consulting, but I am really horrible at sales.

      I am sure there are lots of US citizens, criminals or not, who have a technical education and are fucked. Right now I wish they would tighten up on Mexican immigration so that I could possibly feed myself doing menial labor. Of course that job market isn't looking for white guys either it seems.

    6. Re:negatory, cut them back, hard by im_thatoneguy · · Score: 5, Insightful

      Why on earth would we want to do that? Historically our technological innovation has been driven domestically in part because we have such an open policy to immigrants. The space program was dramatically accelerated by accepting German immigrants. The Manhattan Project owes a lot to immigrants. Let's get our collective nationalist heads out of our asses and acknowledge that there are people around the world who are smarter than most unemployed Americans. Unemployment for those with Masters in computer science/engineering is in the low single digits.

      Which would you rather happen: foreign talented developers to start their companies in Asia, Europe or South America or for them to be in the states and hopefully develop their idea in the states? Most tech startups are employees who work at Microsoft or Google and then leave to create their company. If they don't come to the US, their good ideas don't come with them and we lose the best ideas in the world because we're afraid a burger flipper won't somehow magically get a job at Google because of the big bad Indian who took his hypothetical job.

    7. Re:negatory, cut them back, hard by h4rr4r · · Score: 1

      They don't want that.

      They want to lower wages by putting more supply in a market that can still today produce a middle class income. They will try to do all they can to kill that.

    8. Re:negatory, cut them back, hard by Ironhandx · · Score: 1, Informative

      Theres a seperate program for these people, like the german immigrants, who get in with green cards much faster.

      H1-Bs are the IT equivalent of on-shore sweat-shops only they're legal.

    9. Re:negatory, cut them back, hard by 1s44c · · Score: 2, Interesting

      With unemployment so high in the US as it is....they'd better sign off that EVERY US citizen potential employee is hired first....then start letting outsiders in.

      That's just silly. You are saying you would not import one single programmer until every single American who has no aptitude at programming has a programming job.

    10. Re:negatory, cut them back, hard by smooth+wombat · · Score: 4, Informative

      The space program was dramatically accelerated by accepting German immigrants.

      Try again. We didn't accept them, we captured them. We got Von Braun and the other Nazis and had them work for us. Our rockets kept exploding but it was the Nazis, with their usual efficiency, who got us on the right track and took us to the moon.

      Obligatory XCDK comic

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    11. Re:negatory, cut them back, hard by ColdWetDog · · Score: 5, Insightful

      We're not talking about importing cream of the crop folks. No Einsteins or Von Brauns. We're talking about entry level programmers and tech flunkies.

      Sure, there are good people in that pile - that really isn't the point. The issue is that the transnational corporations are trying to drive down costs (and drive up profits) irrespective of the local damage caused. They can go elsewhere, after all.

      All it takes is getting a few cheap whores^Hpoliticians to do their bidding. Just the price of business.

      --
      Faster! Faster! Faster would be better!
    12. Re:negatory, cut them back, hard by 1s44c · · Score: 1

      I have a BS from SUNY in computer science, Cum Laude. graduated 2009, career is stillborn due to my drug felony conviction.

      And US companies actually check your criminal record?

      Work in a different country or work for yourself.

    13. Re:negatory, cut them back, hard by Austerity+Empowers · · Score: 5, Insightful

      This isn't about "multiculturalism", nobody cares what nationality, color or religion they are. This is about keeping wages low. This is what it is always about. Cost and profit are what corporations do, they have no concept of anything else.

      No more H1Bs, slavery was abolished a long time ago. If corporations truly cannot find qualified citizens (and I think they define that as capabilities/$), then I would allow them to sponsor a certain number of people for green cards. If avg. wages dropped the next year, I would not allow them to sponsor any at all. Then I would say anyone here on H1B may either apply for a green card, or serve the rest of his sentence and return home, but there would be no more H1Bs.

      If this is truly about labor shortage, this process would work fine. But we know there's plenty of people out there who can do the job who are under/un-employed.

    14. Re:negatory, cut them back, hard by Zephyn · · Score: 1

      Why on earth would we want to do that? Historically our technological innovation has been driven domestically in part because we have such an open policy to immigrants. The space program was dramatically accelerated by accepting German immigrants. The Manhattan Project owes a lot to immigrants. Let's get our collective nationalist heads out of our asses and acknowledge that there are people around the world who are smarter than most unemployed Americans.

      And such people with exceptional abilities are granted O-1A visas, not H1-Bs.

    15. Re:negatory, cut them back, hard by Austerity+Empowers · · Score: 4, Insightful

      H1Bs aren't the only way to do that. We have green cards for immigration. If those green cards aren't going to the right places, fix that problem.

      But the corporate world doesn't like green cards, green card means "can compete on wages".

    16. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0, Insightful

      Not sure if you're trolling...There's a huge difference between PhD holding nuclear physicists selectively brought here to work on projects and the average immigrants who by and large are un-educated racists who showed up for the free hand outs stupid white guilt liberals keep doling out at tax payer expense.

    17. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Legislators are overwhelmingly lawyers, with only a few businessmen thrown in (so it's not exactly "the corporate class", albeit big business lobbies to get what they want). IMHO, we could do with a lot more researchers, engineers, healthcare professionals, and such in congress. But, I suppose that's an artifact of the system, where lawyers have the baseline knowledge and may get a pay raise for going into politics, while other professionals don't have that background and often earn quite a bit more outside the government. I'm personally fine with limiting politics to professionals (e.g. highly educated or otherwise successful), as I think it's a job that requires a fair bit of intelligence. That is also why I'd like to see fewer lawyers in the legislative and executive branches of government.

    18. Re:negatory, cut them back, hard by wile_e_wonka · · Score: 3, Insightful

      Except that you can't really "in-shore cheaper help" very easily using H-1Bs--you're required to pay at least the "prevailing wage". Perhaps foreigners artificially keep the prevailing wage from rising, but it can't go down due to immigrants under the current system. Also, you're supposed to show that no American wants the job at hand, which is rather difficult to show.

      And the H-1B has a time limit of 6 years, I believe. The foreigner has to get a green card or get out before the visa expires.

      Also, think of the alternative--if you are correct that the foreigners will work for less, if you keep them out of the US, then the tech firms will instead set up offices in India. It makes more sense to keep the jobs in the US, use a system to make sure the foreigners don't depress wages in the US.

    19. Re:negatory, cut them back, hard by irenaeous · · Score: 5, Insightful

      You are completely correct. But I hope you understand that the H-1B scam does not do this. H-1B workers are not immigrants. The H-1B program is badly abused to the determent of American workers. Slashdot has covered this before.

    20. Re:negatory, cut them back, hard by phantomfive · · Score: 3, Insightful

      If there weren't a shortage of developers, then programmers wouldn't commonly be making triple the median income.

      --
      "First they came for the slanderers and i said nothing."
    21. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      accepting German immigrants

      That is categorically untrue. A small handful of scientists helped the U.S. space program. And
      the circumstances were much different. Not the thousands you imply.

      Here's the problem. People are claiming racism if you complain about H1-B, but fact of the matter is
      that they accept sub-standard wages for the same job a domestic would perform. How? They live
      multiple families to a home. Yes, I know that they do because I work with them.

      If you're okay with adopting their culture to your own life, taking a significant pay cut, then board
      up with your neighbours and you'll be able to compete with them in the job market.

      But, it's not against the person to exploit the entitlement given to them by our government; I'd take free money if it was offered...

    22. Re:negatory, cut them back, hard by kelemvor4 · · Score: 2

      With unemployment so high in the US as it is....they'd better sign off that EVERY US citizen potential employee is hired first....then start letting outsiders in.

      Absolutely why the H1-B Visa program is a major problem. H1-B's work cheaper than similarly skilled citizens, and so are preferred by employers. In turn it will keep those otherwise employable American IT workers on unemployment. This legislation should be treated as an assault on the US citizens that it is.

    23. Re:negatory, cut them back, hard by jedidiah · · Score: 1

      ...except we aren't really "importing" anyone.

      We are just creating indentured servants. If this law were really allowing genuine importation of talent, there would be far lot fewer objections.

      Temporary cheap scab labor for relatively low skill jobs does little to enhance anything except the wealth of the 1%.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    24. Re:negatory, cut them back, hard by hawguy · · Score: 2

      If there weren't a shortage of developers, then programmers wouldn't commonly be making triple the median income.

      Where are programmers routinely making more than triple the median income? The median income in San Francisco is $40K, but most programmers are not making $120K. There are certainly exceptions for experienced developers, but based on some recent hires I made, there are plenty of programmers in SF making in the $85 - $100K range.

    25. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Shortage does not mean the cost is high. It means something is not available. There is not shortage of apartments in Manhattan, as there are plenty on the market they just cost more than triple the median apartment costs in the US.

    26. Re:negatory, cut them back, hard by h4rr4r · · Score: 4, Insightful

      If there weren't a shortage of doctors they wouldn't be making 10 times the median income.

      Lets import 300,000 doctors and get that problem under control. Much more urgent since they charge so much more.

    27. Re:negatory, cut them back, hard by yurtinus · · Score: 0

      Good to see racism is alive and well in the modern age...

      --
      +1 Disagree
    28. Re:negatory, cut them back, hard by Cyberax · · Score: 5, Informative

      That depends. I'm applying for a H1B (after years of working with the US companies remotely) and I'm going to be in the top tax bracket. I'm not going to undercut anybody on salary, obviously.

      US has always attracted people from all over the world, and that has always been a great advantage for the US economy. Our startup (that has been recently bought by a large company) consists of 6 people: 2 Russians, 1 Israeli, 1 Finnish, 1 Indian and one US-born person, I think we can speak about 10 languages in total. Making immigration more complex by cutting the H1B would just drive a lot of labor to other countries.

      It would be really great if H1B included the requirement for a minimal salary at least 1.5 times more than the "prevailing wage" crap that exists right now.

    29. Re:negatory, cut them back, hard by h4rr4r · · Score: 1

      They pay the bottom of the pay scale and call a Sr guy a Jr or similar tricks. There is no need to show Americans don't want or can't do the job since they just write the requirements to exclude them or fudge them so bad no one would ever meet them.

      H-1Bs are going to be replaced for another cheap schmuck before 6 years is up.

    30. Re:negatory, cut them back, hard by hawguy · · Score: 3, Insightful

      Except that you can't really "in-shore cheaper help" very easily using H-1Bs--you're required to pay at least the "prevailing wage". Perhaps foreigners artificially keep the prevailing wage from rising, but it can't go down due to immigrants under the current system. Also, you're supposed to show that no American wants the job at hand, which is rather difficult to show.

      It's in how you define the prevailing wage and how you define the job requirements.

      If a company can hire a senior DBA for $90K even though the local employee with equivalent experience would have be paid $110K, they can pay back their legal fees for the H1-B application in less than a year. It's easy to fudge job descriptions and pay scales to say whatever you want them to say. For example, it's usually something like "Employee must have experience with XYZ application that no one outside of the hiring company uses, then they can point to the off-shore contractor that's been working for them remotely for a year and say "Only he has that experience!" -- oh, and we're going to pay him what we'd pay an entry-level DBA because he only has 1 year of verifiable DBA experience".

    31. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      If there weren't a shortage of developers, then programmers wouldn't commonly be making triple the median income.

      Where are programmers routinely making more than triple the median income? The median income in San Francisco is $40K, but most programmers are not making $120K. There are certainly exceptions for experienced developers, but based on some recent hires I made, there are plenty of programmers in SF making in the $85 - $100K range.

      Are most people in SF homeless? A 1 bedroom there is like $3k/month, right?

    32. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      After legal and filing fees, H1B workers are not cheaper.

    33. Re:negatory, cut them back, hard by Cyberax · · Score: 1

      Immediate jump to green cards is not a solution. It immediately commits the company and the US itself to basically providing citizenship to an immigrant. Also, H1B allows employee to switch employers fairly easy. Though a grace period larger than 30 days would really be great.

    34. Re:negatory, cut them back, hard by TFAFalcon · · Score: 2

      No, but the foreigners shouldn't be chosen just because they are willing to work for less. What they should be required to do is offer the new worker the same pay as the highest paid job in the company (including benefits, bonuses). If they are unable to find a worker that will work for that, they should be required to offer the same deal to an H-1B candidate. After all, if his skills are in such short supply he must be worth at least as much as a CEO.

    35. Re:negatory, cut them back, hard by Cyberax · · Score: 2

      Nope. H1B allows employees to switch employers very easily, there's only a little paperwork involved from both parties.

    36. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 1

      Just because the median income (in real terms) has been systematically reduced over the past 30 years in most other industries doesn't mean we need to reduce it for software developers too.

    37. Re:negatory, cut them back, hard by Austerity+Empowers · · Score: 4, Insightful

      I'm sorry, but I see no reason why programmers shouldn't make triple the median income. If anyone could do it, that right there is a huge incentive TO do it. I define a shortage as "there are more jobs than applicants". I've never worked anywhere that we didn't reject 50% of the people who interviewed for various arbitrary reasons (i.e. didn't have niche skill in X, would require ramp up, couldn't drop-in), and that was after HR rejected countless resumes.

      The only "shortage" of jobs owes from our snobbery and cliquishness, because we CAN be, there are so many applicants we can shop until we get bored with it. If we just had to hire anyone who walked in the door, THEN I'd believe we have a shortage.

    38. Re:negatory, cut them back, hard by yurtinus · · Score: 4, Insightful

      The truth is more onerous than that. The thing is, they *don't* want that. No major American company actually *wants* to wipe out the middle class. After all, who would you sell your products to if nobody has any money? Companies need a strong middle class and are well aware of that fact. Yet they still work to reduce wages as cost cutting measures for a temporary return. It's blatantly self-destructive behavior that everybody seems to be in on, aware of, wants to stop, but consistently take the wrong routes.

      If there were a few guys up at the top in swivel chairs with fluffy cats going "mwaahahahaha" as they plot and scheme, that would be one thing. They could be stopped. How do you stop a society from marching over the cliff - fully aware the cliff is there, fully aware they don't want to fall off it, yet somehow not willing or able to stop themselves from doing it?

      --
      +1 Disagree
    39. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Because you think everybody should be making the absolute minimum wage possible? Here's a concept (besides growing up): developing is a skill, not everybody is good at it, and those who are should make money at it. Some skills are more scarce than others. This is an economy which is totally driven by things being scarce. If everything were freely available in unlimited quantities, our economy would literally collapse, though nobody would really give a damn if that were the case. You seem to think it's the government's job to make things not scarce for entities which can afford the scarcity. (As opposed to doing something about the scarcity of health care for those who cannot afford that scarcity, but somehow THAT is an assault on the holy religion of capitalism or something.)

      Let me put this in people-hating terms you might be able to appreciate: this is about a bunch of people wanting the government to make it so that they can buy a huge SUV for the price of a compact car. Kind of sounds "entitled", huh?

      Maybe in a copyright-loving way, because corporate lovers should appreciate it: this is like the government making it totally legal and unrestricted for anybody to import DVDs from overseas where they are sold cheaper, in line with local economic conditions, but where they would be dirt cheap here. The entertainment industry gets kind of upset at such notions.

      So why is it OK when corporations want the government to make it so that theyy can get expensive resources for cheap when those same corporations and their apologists scream bloody murder when the opposite is proposed or happens?

    40. Re:negatory, cut them back, hard by rwa2 · · Score: 1

      Another interesting sidenote was that Von Braun and his group intentionally surrendered to the US forces ahead of the advancing Russians, because the US was a Christian nation and the Soviets were atheist.

      http://en.wikipedia.org/wiki/Wernher_von_Braun#Surrender_to_the_Americans

      So we get to blame the Nazis AND the Christians :P

    41. Re:negatory, cut them back, hard by LordLimecat · · Score: 1

      Why do you deserve a job (while waiting on your relatively lavish unemployment) more than Raj from india who would kill for a chance at more than $100 USD / month, and has a masters in CS?

    42. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Also, think of the alternative--if you are correct that the foreigners will work for less, if you keep them out of the US, then the tech firms will instead set up offices in India.

      Here's a concept: LET THEM. Just make sure that we keep those corporations and their products the hell out of the US. If they don't want to participate in our markets fairly, it is entirely appropriate to deny them access to those markets.

      See here's the thing: if we suddenly couldn't import computer parts from China, we'd still need computer parts. So people would set up companies to build computer parts here. At first, when there are not so many of them, things would cost more. Later, this would work itself out.

      What you've got going on here is arbitrage of labor. That's all it is. It needs to be stopped. Only laws will stop that--either that or finally breaking up these slimy multinationals. Your local business owner tends to not outsource things to India after all. Smaller is better for people. Local is better for people. Larger and non-local is not better for people. Yes, everything has problems at either extreme, but as a rule that is a truth of life. People need to see to it that society does what's good for them, not what's good for non-people.

    43. Re:negatory, cut them back, hard by AK+Marc · · Score: 1

      It's an issue of training and skill, not supply and demand. Developers would move on if their pay was too low. Skilled workers get paid more. Why aren't the importing CEOs to drive the price of CEOs down?

    44. Re:negatory, cut them back, hard by JoeSchmoe999 · · Score: 5, Insightful

      I like that idea, hey there must be a shortage of "C" level executives since they make so much, lets H-1B a bunch of them in from 3rd world companies. We should be able to drop the median CEO salary from ~500 times the average employee to ~50 times the average employee.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life.
    45. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      if you want to educate the next generation of IT workers in the US and have them stay here for their lives, adding to the economy, start cutting back on H1Bs now. it's just an excuse to in-shore cheaper help and shoo them away before they start complaining.

      I agree, there is no shortage of skilled workers. Science.com has a few articles addressing this issue. My favorite quote is: "When the companies say they can't hire anyone, they mean that they can't hire anyone at the wage they want to pay.” —Jennifer Hunt" from The Job Market -
      Article: Bordering on Confusion
      http://sciencecareers.sciencemag.org/career_magazine/previous_issues/articles/2013_01_04/caredit.a1300001
      and
      http://blogs.sciencemag.org/sciencecareers/2012/12/disturbing-empl.html

      A recently released report comes to the same conclusion:
      Chemistry Society Looks to Shake Up Training
      http://sciencecareers.sciencemag.org/career_magazine/previous_issues/articles/2013_01_25/caredit.a1300006

    46. Re:negatory, cut them back, hard by JDG1980 · · Score: 2

      Why on earth would we want to do that? Historically our technological innovation has been driven domestically in part because we have such an open policy to immigrants. The space program was dramatically accelerated by accepting German immigrants. The Manhattan Project owes a lot to immigrants. Let's get our collective nationalist heads out of our asses and acknowledge that there are people around the world who are smarter than most unemployed Americans. Unemployment for those with Masters in computer science/engineering is in the low single digits.

      H-1B is not about Einstein or Von Braun vs. some random unemployed American. It's about random Indian bodyshop flunkies versus unemployed older tech workers – not to mention any other American tech worker who wants a raise.

      The US has a separate visa, the O-1, for "Individuals with Extraordinary Ability or Achievement." That's how Linus Torvalds got his US citizenship. We don't need H-1B for that at all.

    47. Re:negatory, cut them back, hard by N0Man74 · · Score: 3, Insightful

      That requirement is already easily circumvented, and the method is already in place.

      HR departments frequently use applicant scanning software that (intentionally or unintentionally) is badly configured to make finding a qualified applicant near impossible. Sometimes they make impossible requirements, such as being a developer for languages and platforms for a number of years that exceeds their time in existence.

      Not only might you need to have 100% of the desired skills, you sometimes have to guess the right keyword they use for that skill, and will get rejected if you use synonymous terms to describe that skill. You are also screwed if you happen to have a skill that is almost completely transferable to what they are looking for, but just not the exact skill.

      Companies don't want to invest in training anymore. They want you to be trained by another company, who also likely have the same attitude towards training.

      Companies don't want to hire someone unless they are already employed elsewhere. I recall reading that you have better odds of getting a job with a criminal record than if you are currently out of work. However, that doesn't mean that they are going to offer you enough to make it worth it to leave your current job.

      The list goes on..

      Maybe the reason they can't find the right people in the U.S. is because some are being unreasonable (and/or possibly idiotic) greedy assholes.

    48. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      And US companies actually check your criminal record?

      Yes. I've had an attorney tell me that you never want to sue an employer/ex employer. Most companies do background checks and court cases are open record. If you know that you have a choice of hiring two guys, one of whom has sued an employer (the reason doesn't matter), guess who you're going to hire? It's likely career suicide.

    49. Re:negatory, cut them back, hard by Bob+the+Super+Hamste · · Score: 1

      I'd be all for that.

      --
      Time to offend someone
    50. Re:negatory, cut them back, hard by khallow · · Score: 4, Interesting

      because the US was a Christian nation and the Soviets were atheist.

      Not at all. They surrendered to the US because they were the less scary choice. The Communists were always a rival to the Nazis in the Wiemar Republic and were blamed in large part for the downfall of Germany during the First World War. So there was some hate going in to the invasion of Russia.

      Then toss in all the bad blood created between Germany and Russia thereafter, Joseph Stalin as a remarkably scary leader even by Nazi standards, and that Von Braun and various members of his group may have been partly responsible for the deaths of Russian soldiers (I read that prisoners of war were enslaved at Mittelwerk (and died there) and the largest portion of such in Nazi Germany would have been Soviet).

    51. Re:negatory, cut them back, hard by Bob+the+Super+Hamste · · Score: 1

      What they should be required to do is offer the new worker the same pay as the highest paid job in the company (including benefits, bonuses). If they are unable to find a worker that will work for that, they should be required to offer the same deal to an H-1B candidate. After all, if his skills are in such short supply he must be worth at least as much as a CEO.

      Totally agree. If companies needs are so great that they can't hire and/or train someone who is already in this country to meet that need then whoever they import should be the highest compensated person in the company. If they did that I would say we could even ditch the whole caps on H1-B visas.

      --
      Time to offend someone
    52. Re:negatory, cut them back, hard by Vicarius · · Score: 5, Interesting

      I worked under H1B and have switched several employers over time - it is doable, but it is not as easy as you think. If you find another employer before you are fired, and if that employer agrees to file the paperwork for H1B, then yes, you can "easily" switch jobs. I was working as a contractor for a company that wanted to hire me directly and even made me an offer, but it was too bad for them, since neither they nor their lawyer knew what to do and I ended up going somewhere else.

      Also, you have 10 days to get out of the country after you are fired. However, these 10 days will still be counted as a gap in your legal status and in most cases you will have to leave the country to get a new H1B, i.e. you will be a the mercy of the immigration officer in your own country and even then officer at the border can refuse you the entry w/o an explanation.

      As a Green Card holder or a Citizen, you can go to your boss and say "give me a raise or I quit", but as an H1B worker you are pretty much stuck with whatever pay was given to you. There are also legal tricks to make sure that you don't get the salary that company promised the government they will pay you.

      After a while H1B holder would want to get a Green Card, but that is a long process that requires you to stick with your employer once documents are submitted. This creates another opportunity for employers to impose their will on you.

      Current laws help companies to find cheaper labor at expense of Americans. Instead of raising caps, they should change laws, so that it is more costly to hire H1B workers, i.e. tax companies for each and every H1B and if they really need these workers they will have no problem paying the tax.

    53. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Why on earth would we want to do that? ...
      Most tech startups are employees who work at Microsoft or Google and then leave to create their company. If they don't come to the US, their good ideas don't come with them and we lose the best ideas in the world because we're afraid a burger flipper won't somehow magically get a job at Google because of the big bad Indian who took his hypothetical job.

      Except that with H1-B visas, they can NOT do this. They can't start their own business, they can't simply switch jobs, they are more or less owned by the corporation that sponsored them. They can get another corporation to sponsor them, but it is a decidedly short-term affair. They do their time making half what a US citizen would, which is still leaps and bounds above their home wages, then they return home with that money to set up something at home. We are funding the Indian and Chinese economies at the expense of our own (other than the corporate profits which get squirreled away to hide it from the tax collector)

      H1-Bs are hurting our industry, and this new move worries me alot. I'm no where near retirement yet, so it is still very much "my" problem.

    54. Re:negatory, cut them back, hard by Cyberax · · Score: 1

      "Also, you have 10 days to get out of the country after you are fired. However, these 10 days will still be counted as a gap in your legal status and in most cases you will have to leave the country to get a new H1B, i.e. you will be a the mercy of the immigration officer in your own country and even then officer at the border can refuse you the entry w/o an explanation."

      It's 30 days. And my birth country has a nice law that no citizen can be denied entry for any reason. It's also possible to submit GC documents without the help of any company (I'm doing it myself, for example).

    55. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Doesn't the other employer also have to obtain one of the limited pool of H1B's to do this. It was my understanding that a worker brought here under the H1B program doesn't have a visa themselves, and their continued presence in the U.S. is dependent on working for an employer who does.

    56. Re:negatory, cut them back, hard by AK+Marc · · Score: 1

      H1-B is not an immigration visa. It's a temporary work permit, with explicit expiration. They aren't immigrants, they are visiting workers. There's a difference. H1-B's are anti-immigration and anti-worker.

    57. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 1

      No.

      Make it so that the H1-B's have to be paid 125% of the prevailing wage, with the extra 25% going to the State Income Tax to fund State Education budgets - including the funds that are given to State Secondary and Tertiary education institutions (Community Colleges and State Universities). For every employer cheating the system, institute a penalty equivalent of 100% of the salary that they SHOULD have paid to an American Worker - payable once again to the State.

      Then remove the cap. With the States smelling a new source of revenue, the rampant cheating on wages etc. will abate significantly and we will get closer to the spirit of what the H1-B is supposed to be used for. Education is a state function - let them police and monitor it. Let market dynamics then dictate how many are used.

      Eliminate the reservation for Foreign graduates of US Colleges.

    58. Re:negatory, cut them back, hard by AK+Marc · · Score: 1

      Getting in a different country is hard with a felony conviction.

    59. Re:negatory, cut them back, hard by Vicarius · · Score: 1

      And US companies actually check your criminal record?

      They really do. Especially when you are in IT person, who will most likely have access to all kinds of sensitive data. I once worked for a company that could not find a replacement sysadmin (previous one left himself) for almost a year - some candidates failed criminal background check and some failed credit check!

      If you are ever in trouble that might lead to a criminal record of any kind - do yourself a favor and hire the best lawyer whether you can afford one or not (borrow).

    60. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Maybe "IT workers", but H1Bs are needed for some things. I think Michio Kaku says it about as well as anyone...

      http://www.youtube.com/watch?v=NK0Y9j_CGgM

    61. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Also, think of the alternative--if you are correct that the foreigners will work for less, if you keep them out of the US, then the tech firms will instead set up offices in India. It makes more sense to keep the jobs in the US, use a system to make sure the foreigners don't depress wages in the US.

      You say that so nonchalantly, as though it's a real alternative. It is done now, and everyone involved hates it. You don't get what you want, your sensitive data is in another country, the infrastructure is generally (but not always) subpar, and the timezone difference means that face time between the project customers and the developers is limited to early in the customers day when they're still sipping their coffee, and late in the developers day when they just want to go home.

    62. Re:negatory, cut them back, hard by halltk1983 · · Score: 1

      Hour+ commuters. And it's not 3k, it's more like 1500-2000/mo. Most have roommates or dual incomes to make it.

      --
      Watch for Penguins, they eat Apples and throw rocks at Windows.
    63. Re:negatory, cut them back, hard by Bob+the+Super+Hamste · · Score: 1

      I don't at least when I go to his country as most countries restrict the number of people they allow in to work. You can say I am jingoistic but as an American I would say we should put other Americans ahead of foreigners.

      --
      Time to offend someone
    64. Re:negatory, cut them back, hard by GodfatherofSoul · · Score: 1

      Walmart begs to differ. Sell cheap crap from China cheaply enough that you cheap crap waged employees can afford to shop there. It turns our economy from a vertical bell curve to a pyramid.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    65. Re:negatory, cut them back, hard by frank_adrian314159 · · Score: 1

      How do you stop a society from marching over the cliff - fully aware the cliff is there, fully aware they don't want to fall off it, yet somehow not willing or able to stop themselves from doing it?

      How? Well you pass these things called laws that put fences up around the cliffs to keep people from going over. Or even to redirect the actions of those heading towards the cliffs. This can prevent "prisoners' dilemma" sorts of situations where individually rational short-term behavior undertaken by some leads to catastrophic long-term outcomes suffered by everyone.

      At least, that seems to be what worked in the past. Our representatives these days, on the other hand, seem to want to build airport-sized people movers to accelerate everyone's march towards the abyss.

      --
      That is all.
    66. Re:negatory, cut them back, hard by AK+Marc · · Score: 1

      They are paid the prevailing wage because they compare that wage to the H1-B wage. The Americans take it or are replaced. They don't compare it to the non-H1-B prevailing wage. So they depress pay and follow the law. You can have both, that's one of the complaints against the law.

    67. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Why do you deserve a job (while waiting on your relatively lavish unemployment) more than Raj from india who would kill for a chance at more than $100 USD / month, and has a masters in CS?

      Because it's not about who deserves what, it's about building a sustainable economy. Increasing the H1B cap will put huge downward pressure on STEM wages in the US, which creates a disincentive for native citizens to enter STEM jobs. That's fine if we're all going to be artists or whatever, but the fact is you have a generation coming up that has very dismal employment prospects already. We killed off their opportunity to do blue collar work by illegally hiring workers from Mexico and South America, so their only shot was to get an education (at a hefty markup, mind you). Now we're going to take away those jobs too? What exactly do you expect all those educated, unemployed masses to do?

      I have sympathy for people from third world countries, but I also don't want my country to become a third world country.

    68. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      If they are relatively low skill jobs, then cheap labor is appropriate, no?

    69. Re:negatory, cut them back, hard by AK+Marc · · Score: 2

      That depends. I'm applying for a H1B (after years of working with the US companies remotely) and I'm going to be in the top tax bracket. I'm not going to undercut anybody on salary, obviously.

      The top tax bracket starts at $400,000, so, with deductions, you'd have to be getting paid somewhere around $450,000 to $500,000 per year on an H1-B. What is the job? That doesn't sound anywhere near the average H1-B wage of about $75,000.

    70. Re:negatory, cut them back, hard by hawguy · · Score: 1

      If there weren't a shortage of developers, then programmers wouldn't commonly be making triple the median income.

      Where are programmers routinely making more than triple the median income? The median income in San Francisco is $40K, but most programmers are not making $120K. There are certainly exceptions for experienced developers, but based on some recent hires I made, there are plenty of programmers in SF making in the $85 - $100K range.

      Are most people in SF homeless? A 1 bedroom there is like $3k/month, right?

      As halltk1983 said, there are plenty of ways to live and work in SF despite the high rents - if you're not too choosy about where you live, you can find a studio apartment for less than $1000, but you're probably better off living with roomates to have a nicer apartment in a nicer area. If you're really low budget, you can literally rent a closet in some apartments - I know someone who paid $200/month to sleep in a large closet in a shared house to save money during college. She spent almost 2 years there and when she moved out someone else moved in.

      Living outside of SF is also an option, but if you really want to be in SF, you probably don't want to have to commute in every day. But some people are willing to do a 90 minute commute from Tracy to SF where they can afford a nicer house... some do longer commutes.

      At the other extreme, others are happy to pay $5K/month for a 1 bedroom.

    71. Re:negatory, cut them back, hard by show+me+altoids · · Score: 2

      because the US was a Christian nation and the Soviets were atheist.

      Not at all. They surrendered to the US because they were the less scary choice

      FTFWikipedia article above:

      After the surrender, von Braun spoke to the press: "We knew that we had created a new means of warfare, and the question as to what nation, to what victorious nation we were willing to entrust this brainchild of ours was a moral decision more than anything else. We wanted to see the world spared another conflict such as Germany had just been through, and we felt that only by surrendering such a weapon to people who are guided by the Bible could such an assurance to the world be best secured.”

      So it is possible he made up that part just to sound good to American ears, but he did say it.

      --
      I feel sorry for people that don't drink, because when they get up in the morning, that's as good as they're gonna feel
    72. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      No, what I am saying is the American Employer should be required to TRAIN American citizens to fill the position instead of hiring an H1B employee. If our employers had training programs and upward mobility like the used to there would be no "shortage" of qualified workers.

      But I forget it is not about qualified employees it is about qualified employees that will work cheaply.

    73. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Yes...what should happen is to all but eliminate the H1-B visa and replace it with an incredibly streamlined path to citizenship for skilled workers. Companies should be able to sponsor citizenship as easily as they can currently sponsor an H1-B. H1-B would then become a bridge to citizenship that lasts, at most, 6 months.

      This solves our issue with H1-Bs lowering wages, solves the issue that companies claim to have of a shortage of skilled workers and ensures that our skilled workforce has an attachment to this country rather than simply trying to earn a bunch of money before returning home.

    74. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      You should head to a country that doesn't believe in ruining peoples' lives for fun.

    75. Re:negatory, cut them back, hard by Cyberax · · Score: 3, Informative

      Yep, it's pretty close. The job is software development in a pretty senior position (since our startup got bought). A lot of people I know who are on H1B also receive pretty good salaries (in the 100-120k range). H1Bs are not exclusively used to undercut the US labor, and most H1B holders are actually actively interested in reducing the amount of H1B fraud.

    76. Re:negatory, cut them back, hard by Cyberax · · Score: 1

      Nope. Once an employee gets an H1B visa then they can transfer to any other employer. The process involves some paperwork (to certify that your new salary is not less than the prevailing wage, etc) but it doesn't require a new visa.

    77. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      .If there were a few guys up at the top in swivel chairs with fluffy cats going "mwaahahahaha" as they plot and scheme, that would be one thing. They could be stopped. How do you stop a society from marching over the cliff - fully aware the cliff is there, fully aware they don't want to fall off it, yet somehow not willing or able to stop themselves from doing it?

      I think it's not all that hard to believe that there are execs "up at the top in swivel chairs with fluffy cats going "mwaahahahaha"" The goal isn't to preserve the middle class. The goal is to take advantage of the middle class before everyone else does (or the middle class disappears). They'll worry about profits later, but the least of their concerns is the middle class.

    78. Re:negatory, cut them back, hard by starless · · Score: 5, Interesting

      Coming to the US with a green card is very difficult. I know of nobody who did that where I work (federal government science lab).
      I have a PhD in physics, I came to the US on an H1B visa (as did many of my colleagues).
      Then, after several years, I got a green card, then a few years after that I became a US citizen.
      That path (H1B -> green card -> citizen) has been followed by very many of my scientist and engineer colleagues.
      I'd like to think that we make a strong contribution to the US scientifically, economically, and culturally.

    79. Re:negatory, cut them back, hard by Xarvh · · Score: 1

      Enrico Fermi was an immigrant.

    80. Re:negatory, cut them back, hard by khallow · · Score: 1

      So it is possible he made up that part just to sound good to American ears, but he did say it.

      Yep, that's what I think too. It's just words. Let us keep in mind that Von Braun might have been in front of a firing squad, if he had surrendered to the godless commies rather than the people whom he hadn't crossed.

    81. Re:negatory, cut them back, hard by phantomfive · · Score: 1

      hey there must be a shortage of "C" level executives since they make so much

      This is exactly true. If everyone had the skills to be a CEO, their salary level would drop like a rock.

      --
      "First they came for the slanderers and i said nothing."
    82. Re:negatory, cut them back, hard by Manfre · · Score: 1

      How do you explain the shortage of teachers and their below median incomes?

    83. Re:negatory, cut them back, hard by phantomfive · · Score: 1

      I've never worked anywhere that we didn't reject 50% of the people who interviewed for various arbitrary reasons

      This is not a good measurement. Last time I was looking for a job I applied at 15 different places. Everyone who looks for a job applies at multiple places.

      I'm sorry, but I see no reason why programmers shouldn't make triple the median income.

      There's no reason. In fact, I'd prefer it if we make 10 or 12 times the median income. But it's not like you somehow 'deserve' it. If you whine when that income level comes down, you're just a whiner.

      --
      "First they came for the slanderers and i said nothing."
    84. Re:negatory, cut them back, hard by scamper_22 · · Score: 1

      This is the big question isn't it.

      All this talk of efficiency, and competing globally... only ever seems to apply to the unprotected private sector worker bee.

      Doctors, lawyers, teachers, financial people... when it's their jobs... it's suddenly not right to talk about efficiency.

      Indeed, if Obama wants to reduce healthcare costs, the first thing he should do is bring in thousands of cheap doctors and nurses from the developing world... that would reduce the cost of healthcare pretty well.

    85. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      ... who are smarter than most unemployed Americans ...

      Assuming that is the purpose of the H1B visa: Your esteemed politicians think the job market needs 300,000 people smarter than an average American. Your mega-corporations think they all live in India and will work for minimum wage. I find that difficult to believe.

    86. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      How do you stop a society from marching over the cliff?

      You elect leaders who make their job regulating corporations and commerce; not promoting 'might is right' and corporate welfare.

    87. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Well hurry up and get here so you can join in with us complaining about H1B's.

    88. Re:negatory, cut them back, hard by logistic · · Score: 1

      If there weren't a shortage of doctors they wouldn't be making 10 times the median income.

      Lets import 300,000 doctors and get that problem under control. Much more urgent since they charge so much more.

      It's called a J-1 Visa (there are actually several programs including H1-B). They have there share of strict restrictions and limitations on who you can work for and significant hoops to get a green card or permanent residents.

      from the ama (http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/international-medical-graduates/imgs-in-united-states.page)
      "In 2006, out of 902,053 physicians, 228,665 IMGs received medical degrees from 127 different countries, accounting for 25.3% of the total physician count."
      Where IMG is international medical graduate.

      The net result overal is the the US gets many of the best medical minds (along with a bunch of the regular kind) in the world educated at a subsidy in there home country. We pay relatively little and they do a disproportionate amount of indigent and rural care.

    89. Re:negatory, cut them back, hard by dnahelicase · · Score: 1

      I like that idea, hey there must be a shortage of "C" level executives since they make so much, lets H-1B a bunch of them in from 3rd world companies. We should be able to drop the median CEO salary from ~500 times the average employee to ~50 times the average employee.

      I don't know where you work, but in my experience C level management is continuously expanding, but it's not related to supply and demand. For the supply and demand system to work, you have to assume a level of intelligence - that these people are paid based upon the value they bring to the company. Once you reach a level where you "are" the company, I can't believe that's true.

    90. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Yeah, because some of the dumbfuck CEOs are so highly skilled. It's a myth that CEOs are super-humans...they are Dilbert's Boss. Some CEOs started their own companies (think Dave Thomas, founder of Wendy's, who was a dumb as dog shit orphan that thought his shit burgers tasted good) and finish out their careers as CEO, even if it was a self-bestowed title and designation.

      I have met many CEOs, and have genuine respect for several of them, however, as in most fields, almost anyone else could do the same job (CEO) as well, if not better, than the current CEO. Look at Yahoo!'s latest CEO...yeah, she was qualified because she worked at Google.

      Think. Dispel the myth. CEOs are people just like you (kinda scary, huh)

    91. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Simple, public school teachers get paid by the public system (taxes) not free-enterprise corporations, not tuition-based enrollments...tax dollars only. It is quite simple if you actually thought about it.

    92. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      The idea of American culture disappearing in a hundred years is hilarious...

    93. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Wrong.
      The lack of a product or service makes it more expensive for people demanding it.
      It's EXACTLY how a supply and demand model works.

    94. Re:negatory, cut them back, hard by Bearhouse · · Score: 1

      Mod up. Parent is right that the Allies went out of their way to collect Nazi technology and the scientists who created it, (see operation 'paperclip' et al), but you are correct in saying than WVB and his colleagues deliberately headed for the West.

      We then, of course, equally deliberately overlooked their deep involvement in the revolting Nazi program, as a whole, including their direct use of slave labour.

      Ah, the joys of Realpolitik...

    95. Re:negatory, cut them back, hard by Bearhouse · · Score: 1

      More a refugee, as was Einstein...

      From Wikipedia: After Fermi received the Nobel Prize in Stockholm, he, his wife Laura, and their children did not return home to Italy, but rather continued to New York City, where they applied for permanent residency. The decision to move to America and become American citizens was primarily a result of the racial laws promulgated by Mussolini in order to bring Italian Fascism ideologically closer to German National Socialism. The new laws threatened Laura, who was Jewish, and put many of Fermi's research assistants out of work.

    96. Re:negatory, cut them back, hard by Bearhouse · · Score: 1

      I am sure you do. Welcome, and thanks for the post.

    97. Re:negatory, cut them back, hard by poached · · Score: 1

      The H1B visa only benefits the corporations and the universities. At the university that I attended, everyone in my 400 level computer science class was from India or China. The only natives were undergrads. The university isn't given the students a scholarship and they charge the full tuition for each person, thereby providing the university with a lot of revenue. I'd bet that if we had less H1Bs the universities would be the first to bitch and complain too. Incidentally, the H1Bs drive up tuition for all students (because they can't be seen charging a different rate for foreigners) so students here pay more. On top of that, you face depressed wages upon graduation. Fun fact: corporations like to hire H1B holders first because they know they cannot negotiate their salary or leave after 2 years to pursue other opportunities. Fun fact #2: during bad times American workers are laid off first because they just love an excuse to hire cheap labor.

    98. Re:negatory, cut them back, hard by snadrus · · Score: 1
      Identify the forces (here, laws) that cause this:
      • Corporate Personhood (allowing massive lobbying)
      • The legal requirement for corporate boards to maximize profit at all else or be fined
      • Free-trade to places that don't match our expectations for middle-class employment
      • etc

      Then systematically determine how to eliminate these problems.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    99. Re:negatory, cut them back, hard by shutdown+-p+now · · Score: 1

      The problem with handing out green cards to people overseas is that you don't know all that much about them - in particular, you don't know how well they can actually integrate. Letting them work in the country before applying for permanent residence and then citizenship lets them get the feel of what the life in that country is like, prove themselves as able to earn enough to support themselves, and showcase their ability to integrate.

      What you need is a temporary work visa program that requires stated intent to immigrate (unlike H1B, which merely allows it), and which has well-defined milestones, as opposed to the current 5-year-backlogged green card mess. Basically - apply outside of the country, secure a job, come in to work. Work for 6 months, then you're required to either leave or file for green card. 1 year application processing time (including all background checks) - you get your green card. More importantly, allow people to switch jobs easily before they get their green card (so long as they work in the same industry and get paid the same or greater amount), and have them completely manage their green card application process, without their employer being involved in any way.

    100. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Irregardless, you took er jerbs!

    101. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Walmart begs to differ. Sell cheap crap from China cheaply enough that you cheap crap waged employees can afford to shop there. It turns our economy from a vertical bell curve to a pyramid.

      Walmart is the #1 supporter of medicare and poverty/food assistance programs. Because the mode wage there qualifies for it, otherwise its employees wouldn't be able to survive. Unofficially, of course.

    102. Re:negatory, cut them back, hard by guacamole · · Score: 1

      This would work if companies were unable to ship the jobs overseas so easily. At least in manufacturing industries there exist at least some marginal impediments to fully free trade, but not so much in software business.

    103. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Oh, this is brilliant! And our evidence of the C-level shortage? Why their wages keep going up, so much faster than inflation. Indeed they go up faster than the average for the workforce. And that includes correction for any other factor than being a C-level employee!

      Clearly there is an intractible shortage of C-level people and to believe otherwise is against Capitalism, the Free Market and the Flag.

      Let's revamp the H-1B program so that it is entirely and exclusively about C-level personnel. Nothing else.

    104. Re:negatory, cut them back, hard by phantomfive · · Score: 2

      How do you explain the shortage of teachers and their below median incomes?

      Because I took an economics class? What you have with teachers essentially is price controls, which always cause shortages if they have any effect. This is all explained by the supply/demand curves.

      --
      "First they came for the slanderers and i said nothing."
    105. Re:negatory, cut them back, hard by BonThomme · · Score: 1

      because over many years of taxes I have paid for the infrastructure the hiring company uses every day.

    106. Re:negatory, cut them back, hard by phantomfive · · Score: 1
      Surprisingly, skilled workers don't actually get paid more. You can be incredibly skilled, and yet there might be no one who wants your service. I've definitely met physicists who have MUCH more skill than I do, but yet make less money because there just isn't as much demand for a theoretical physicist.

      Why aren't the importing CEOs to drive the price of CEOs down?

      That's a great idea.

      --
      "First they came for the slanderers and i said nothing."
    107. Re:negatory, cut them back, hard by phantomfive · · Score: 1

      I'm not sure what your point is, but the reason doctors make 10 times the median income is because a shortage was created purposely by the AMA. It's an artificial shortage, created by design, to boost the salaries of doctors.

      --
      "First they came for the slanderers and i said nothing."
    108. Re:negatory, cut them back, hard by phantomfive · · Score: 1

      $120k is pretty common in the bay area actually. Check it out. Once you are a tier 3 developer, you should have no problem getting $120k if your negotiation skills are decent. And that doesn't include equity.

      --
      "First they came for the slanderers and i said nothing."
    109. Re:negatory, cut them back, hard by florescent_beige · · Score: 1

      Captured them? As in, they were prisoner-of-war labour? Doesn't sound right.

      One identifiable immigrant community that did, with no doubt, come to the US and contribute to the space program was the Arrow diaspora.

      --
      Equine Mammals Are Considerably Smaller
    110. Re:negatory, cut them back, hard by mabhatter654 · · Score: 1

      I think he was referring to that once he get on the plane to his country, the US immigration office in HIS country has to give him a NEW visa to get back. Even if its just one day.

      So he could never get "turn around" to apply for another job and fill out paperwork in the 10-day window following the law is summarily fired. Or risk it and stay in the US for 11+ days and hope like hell he scored a job. At which point he risks being deported anyway.

    111. Re:negatory, cut them back, hard by couchslug · · Score: 1

      "After all, who would you sell your products to if nobody has any money?."

      Sell in volume to poor people. They still buy goods and services. Dollar General and Walmart do quite well and their serfs can afford many of their products.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    112. Re:negatory, cut them back, hard by mabhatter654 · · Score: 1

      Healthcare isn't the cost of "workers" even "highly paid" specialists aren't really that well paid compared to equivalent skills in other sectors. Regular staff is paid sub par wages per education levels we would expect in the IT world.

      It's the cost of complying with legal rules, malpractice insurance, and padding the drug industry profits that drives up costs... Wages aren't the problem, just the easiest to blame.

    113. Re:negatory, cut them back, hard by nbauman · · Score: 1

      In the old days, the way American corporations got skilled employees was to support the local schools, hire workers and train them, give them a long-term commitment with job security, and keep them on even when the economy had a dip.

      The worst thing about H1-Bs is that they've abandoned that training and support of American workers.

    114. Re:negatory, cut them back, hard by nbauman · · Score: 1

      The people around the world aren't smarter than unemployed Americans. The people who came in on H1Bs had better opportunities to get an education than we did.

      Linus Torvalds said that his university was free, and he got a stipend besides, so he could sit around in his dorm room all day and play computer games.

      Meanwhile Americans are going $40,000 into debt to get college degrees.

      Those German scientists went to the best university system in the world at the time.

      Give me the same opportunities as the immigrants. Then I'll be glad to welcome them here and compete with them.

    115. Re:negatory, cut them back, hard by Tablizer · · Score: 1

      No major American company actually *wants* to wipe out the middle class.

      Corporations don't think on that big of a scale.

      They are just thinking of finding ways to undercut their competition by shaving some pennies off of their IT bill. Bigger-scale impacts are rarely considered.

    116. Re:negatory, cut them back, hard by BonThomme · · Score: 1

      "prevailing wage"

      It must be true, they print it on their paychecks.

    117. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      That's not a good definition. Frankly, there are people who are permanently incapable but don't know it.

    118. Re:negatory, cut them back, hard by phorm · · Score: 1

      I read the GP as you have to fight with immigration in your country to get a new H1B, but then coming back to the US you could still be denied at the border.

    119. Re:negatory, cut them back, hard by Rogerborg · · Score: 1

      Serious question: why pay top dollar to educate, and start people off in adult life with hundreds of thousands of debt, when you can just import people whom other countries have paid to educate?

      Where's the downside? Bonus point if you avoid a slippery slope "Yehbut, eventually..." argument.

      --
      If you were blocking sigs, you wouldn't have to read this.
    120. Re:negatory, cut them back, hard by im_thatoneguy · · Score: 1

      I have a friend who is at the top of his field, holds patents, industry recognition and fame etc... took him something like 4 years to get a green card and start working here.

      If you want to put your career on hold for 4 years be my guest but H1Bs are great for 'briding the gap' and offering people a trial to see if they want to work here.

    121. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Just FYI the via that imports the Einsteins and Von Braun's of the world is the O visa-and it has much stiffer controls-and less controversy than H-1b visas.

    122. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Just FYI: there are quite a few US citizen's that have passed their USMLE exams and cannot find a residency(which is essential to get a US medical license). The US limits the number of graduates from US medical schools and limits the number residencies(which are paid for by Medicare funds). Before importing doctors, the US might consider making medical education more accesessible to US citizens.

    123. Re:negatory, cut them back, hard by toddestan · · Score: 1

      There are plenty of examples of horrible CEOs that nevertheless get paid extremely well. I may not have the skills to run HP or Microsoft, but I can certainly run the company into the ground for millions a year.

    124. Re:negatory, cut them back, hard by phantomfive · · Score: 1

      Yeap. A good CEO is hard to find.

      --
      "First they came for the slanderers and i said nothing."
    125. Re:negatory, cut them back, hard by Anonymous Coward · · Score: 0

      Something tells me you don't really have a PhD in Physics. Fake educational credentials seem to be rife in the H-1B program.

  3. Good news for me by Anonymous Coward · · Score: 1

    I can hire cheap labor once again.

    1. Re:Good news for me by Spy+Handler · · Score: 3, Funny

      Is that you, Ballmer? How's the Surface tablet selling?

    2. Re:Good news for me by Anonymous Coward · · Score: 0

      It won't save you Mike! Dell is already dead, get ready to apologize to Steve Jobs' grave.

  4. nah by Anonymous Coward · · Score: 0

    That will never pass senate.

  5. Sounds like they are trying to drive down costs by Anonymous Coward · · Score: 1

    This sounds like they are trying to drive down the costs of labor in the US labor market. I think they are buying into the crap that there are no qualified people to fill positions. My organization has no problem finding skilled labor. We also pay well and have good benefits.

  6. Hmmm by Anonymous Coward · · Score: 0

    This could be better than the offshoring that is currently occuring as dollars would be kept in the country.

    1. Re:Hmmm by Anonymous Coward · · Score: 1

      Yeah, sorry how this sounds, but you're completely wrong in every way. If these people are working here on H1Bs then they are not looking for a green card. They are sending or saving the money for home.

  7. Demand. by Anonymous Coward · · Score: 1

    There are less than 2.5mil jobs in the tech sector (what H1-Bs are for). There are already too many people here in US illegally, permanently. The H1-B is a 6 year visa with pretty much an automatic extra 3 years. I demand my government stop trying to keep me an indentured servant. The federal government guaranteed my student loan, and is actively seeking to suppress my employment in the sector in which I received training by means of a loan.

    I demand my government stop trying to keep me in a life of involuntary servitude.

    1. Re:Demand. by benzaholic · · Score: 1

      I demand my government stop trying to keep me in a life of involuntary servitude.

      Rotsa Ruck.

  8. Less than one percent of total population by Anonymous Coward · · Score: 0

    Seems reasonable if not slightly racist.

    1. Re:Less than one percent of total population by Anonymous Coward · · Score: 1

      But more than 10% of the number of technology jobs total.

      So clearly a move to increase supply and drive wages down.

  9. A better approach by bobstreo · · Score: 4, Insightful

    Reduce the percentage of H1-B's by the unemployment rate every year.

    1. Re:A better approach by i+kan+reed · · Score: 1

      Not to be too much of an ass, but shouldn't there be a nominal baseline percentage subtracted from that representing the understood cyclical unemployment of the system?

    2. Re:A better approach by frosty_tsm · · Score: 1

      Not to be too much of an ass, but shouldn't there be a nominal baseline percentage subtracted from that representing the understood cyclical unemployment of the system?

      I don't see it as an ass thing. Take the GP's idea, factor in a base-line and there you go. Maybe add some industry-specific unemployment baselines (because why would we cut back on tech H1B visas if 90% of unemployment is due to construction or non-technical jobs?).

    3. Re:A better approach by ColdWetDog · · Score: 2

      You start doing that, putting in all of those fudge factors, and you end up just pulling a number out of your ass. Typically the number agrees with whatever political persuasion you hold dear. Might as well be honest and put the number that you 'want' in it.

      --
      Faster! Faster! Faster would be better!
    4. Re:A better approach by Anonymous Coward · · Score: 0

      Yes, there's an awful lot of unemployed but highly talented CS master graduates around, right?

    5. Re:A better approach by KlomDark · · Score: 1

      Your argument is a fail: In my experience, the best CS people don't even have degrees.

    6. Re:A better approach by Anonymous Coward · · Score: 0

      so, there should be like 100 visas allowed annually right now? sounds good to me.

    7. Re:A better approach by Electrawn · · Score: 1

      I cited this comment in a letter to my constituent senators. Makes much better sense than what Hatch is spewing.

  10. The goal of this bill by mark_reh · · Score: 4, Insightful

    is further destruction of the middle class. By replacing American tech workers with H1B slaves, they drive down the wages of the Americans who still have jobs.

    Once the rich have taken everything away from the middle, they'll have to turn on each other. That will be fun to watch.

    1. Re:The goal of this bill by suutar · · Score: 3, Funny

      yeah, but we won't be able to afford popcorn.

    2. Re:The goal of this bill by Roman+Coder · · Score: 1

      They'll just hire the out of work middle to fight for them, gladiator style.

      --
      "The future can only affect the present if there is room to write its influence off as a mistake." - Yakir Aharonov
    3. Re:The goal of this bill by Anonymous Coward · · Score: 2, Insightful

      The middle class is more than a handful of H1-B immigrants. The middle class has been systematically taken apart since the 1980s. You must be very young, to add to your xenophobia.

      The reason is all the non "IP" jobs are being pushed overseas, engineers are overseas, skilled maintenance staff man the oversea factories. The west shot itself in the foot when it chose to use child and near slave labor in eastern countries to make their widgets. You think Apple's "designed in America" means anything? They're building their iStuff from components that are designed and built, guess... yes, overseas! Even the likes of Intel are mostly staffed with either immigrants or overseas engineers.

      Once the rich have taken everything away from the middle, they'll have to turn on each other. That will be fun to watch.

      Yes, it would, but it won't happen. They'll just focus on the global market next.

    4. Re:The goal of this bill by Anonymous Coward · · Score: 0

      Just because there are millions of foreigners willing to do your job for less than what you expect to be paid doesn't make it slavery. It does make your personal standard of living difficult to maintain though. Sucks to be you.

    5. Re:The goal of this bill by Anonymous Coward · · Score: 0

      They took er jerbs!

    6. Re:The goal of this bill by LateArthurDent · · Score: 1

      Just because there are millions of foreigners willing to do your job for less than what you expect to be paid doesn't make it slavery. It does make your personal standard of living difficult to maintain though. Sucks to be you.

      It's slavery if the reason they're willing to do that job for less is because they'll get kicked out of the country if they don't have a job. Employers have a slight advantage at the bargaining table there.

    7. Re:The goal of this bill by Anonymous Coward · · Score: 0

      Bah, nonsense.

      When people get pushed out of society, they will form their own society.
      Farming will take over the lives of many people, as well as production jobs to export for resources to make more.
      Money will become a secondary thing to most of these people, replaced by a local currency method as a temporary system to keep some sense of order.

      Or war. Most likely war. Then the above later on.

    8. Re:The goal of this bill by Fallout2man · · Score: 1

      is further destruction of the middle class. By replacing American tech workers with H1B slaves, they drive down the wages of the Americans who still have jobs.

      Once the rich have taken everything away from the middle, they'll have to turn on each other. That will be fun to watch.

      LOL, no it won't. Who says you're going to be able to "just watch" or that the Rich are going to just attack each other? Isn't it history itself that teaches us that when the Rich wage war it is the poor who die?

    9. Re:The goal of this bill by Impy+the+Impiuos+Imp · · Score: 2

      Entire new classes of jobs have been created in advanced, high-tech fields by creative, and then wealthy, people, and you haul out 19th century class warfare rhetoric?

      When that holds sway, you simply don't have the rapid advancement with new jobs. Look at the bigger picture instead of taking the curerent state of affairs as magically appearing.

      The ant who labored is a "have" in your worldview, to be characterized as...a lazy thief?!?!?

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    10. Re:The goal of this bill by mark_reh · · Score: 2, Informative

      The H1B visa only allows a foreigner to work in the US for the company that sponsors their visa, therefore, H1B visa slaves must accept any working conditions and pay that they are given. If they don't like the work situation their only choice is to go back to where they came from.

    11. Re:The goal of this bill by Anonymous Coward · · Score: 0

      Technology set's up a natural labor stratification based more or less on IQ. (Compare number of programmers with 85IQ vs 115IQ and note there the same% of total population.) However, the H1B program short circuits this by importanting intelligent people and degrading the market value of intelligence.

    12. Re:The goal of this bill by jedidiah · · Score: 1

      Yes. It sucks to be in a society where it's considered acceptable to create an UNDER CLASS just so the 1% can get richer.

      The impacts everyone.

      It's slavery because these guest workers have no rights. They remain in the country at the whim of their employer. They have no right to find a better employer. They have no means to negotiate fairly with their current employer.

      Yankee farmers despised southern slavers for the same reason.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:The goal of this bill by jedidiah · · Score: 1

      > Entire new classes of jobs have been created in advanced, high-tech fields by creative, and then wealthy, people,

      Unfortunately they are all in China or India.

      The war against the American worker continues...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    14. Re:The goal of this bill by Anonymous Coward · · Score: 0

      The H1B visa only allows a foreigner to work in the US for the company that sponsors their visa, therefore, H1B visa slaves must accept any working conditions and pay that they are given. If they don't like the work situation their only choice is to go back to where they came from.

      This is incorrect. Once the H1-B visa has been assigned, you can change jobs. L1 visa's on the other hand are specific to the company you work for.

  11. Lets do Job Protection Correctly by Anonymous Coward · · Score: 0

    I am not joking here. Increasing HB-1 Visas is going to be a royal pain. Not because we have smart people from other nations working for less doing similar work. What we will allow is the Border Patrol assholes more reasons to limit US citizen rights and monitor (illegally) US citizens in the name of foreign nationals on US soil. Homeland security must be have a royal orgasm right now. Yo, we get more funding.

  12. "They took our jobs!" by globaljustin · · Score: 4, Interesting

    Trying to weigh all the parts of the bill, I think I would oppose it.

    I think foreign workers in all jobs are good, but increasing the number of visas granted is bad in an economy like ours. We need our jobs to rebuild our individual financial infrastructure. Younger workers need to be able to pay off those credit cards.

    Google, Yahoo, IBM, etc *should* be forced to hire more US workers. First it would force companies to start giving people with a criminal record a chance. Felons at age 26 with marketable skills in IT, web design, or coding/software engineering are still Felons...they never make it past HR...

    Just look at any thread on /. about getting hired...Human Resources is a difficult barrier even with a spotless record.

    A second reason to oppose more H1-B visas is that it would force Americans to go back to college or get marketable skills another way. State university systems are economical and could be adapted to be essentially profit-neutral and give 100% financial aid to all who are accepted.

    So yes, Americans do need to get off their asses, get some skillz and get to work...adding more *non-US* workers than we already allow is dumb right now

    --
    Thank you Dave Raggett
    1. Re:"They took our jobs!" by Anonymous Coward · · Score: 1

      Felons at age 26 with marketable skills in IT, web design, or coding/software engineering are still Felons...they never make it past HR...

      You sound like you're soft on crime!

      Ridiculous, of course, but that's why we'll never see a reversal of the asininity of felonies-that-should-not-be.

      A second reason to oppose more H1-B visas is that it would force Americans to go back to college or get marketable skills another way. State university systems are economical and could be adapted to be essentially profit-neutral and give 100% financial aid to all who are accepted.

      Here's where I argue, though - this would not force Americans to do anything.

      The jobs - in the IT industry - are out there. You don't even need a college degree at all to get one. You may have to be willing to learn new things. You may have to start at the bottom (as you should even if you're fresh out of college). You may have to - gasp - move to a location that actually has business, giving up the comfort of Assendofnowherestan where you grew up.

      People don't do it, though. It's too "hard".

      If getting paid high five to six figures a year to write shoddy PHP code isn't motivation enough for people, nothing is.

      So yes, Americans do need to get off their asses, get some skillz and get to work

      Absolutely, but lowering the number of H1-Bs is not going to make Americans get off their asses.

      Not that I'm against lowering the amount of H1-Bs; but I'm willing to admit I'm in that camp for the money. Less workers available == even more ridiculously inflated salaries. ;)

    2. Re:"They took our jobs!" by Anonymous Coward · · Score: 1

      "So yes, Americans do need to get off their asses, get some skillz and get to work..."

      Ah yes, the old unemployed are lazy and unskilled lie. You can't swing a dead cat in the bay area without hitting an unemployed PhD molecular biologist. There is no skills gap, the unemployed are working harder than anyone has in generations to land a job, any job, but there are still four times as many unemployed as there are job openings.

    3. Re:"They took our jobs!" by undeadbill · · Score: 4, Interesting

      I think I'd like to see this bill at least tied to the following:

      1. No more questions about prior felony convictions. It is too easy to get popped with a felony, a class of crime that used to be limited to serious criminal offenses.
      2. Tie this to an additional H1-B payroll tax, with the revenue going to online certification training (much like the ACM offers as part of their membership), as well as vouchers for a certain amount of tests.
      3. Make it more desirable to hire and promote junior staff. H1-B is attractive because they have fewer workplace protections, and have to take a bigger gamble to come to the US to work. Fix some of those restrictions (such as severe limitations in job-hopping), and institute measures that promote hiring interns and junior IT people.

      Right now, it is harder than heck to find qualified IT staff, and HR departments are all asking for 3-5 years of experience in whatever they are hiring for. The problem isn't in the lack of willing senior staff who want to train and mentor people. It isn't in the lack of available training for the unemployed. It is in the lack of will on the part of C level execs who don't want it, and can't see the labor shortage coming up on them, or what that can mean in the long term (in my view, out past 5 years. In the view of a CEO, the long view is not more than 5 years).

    4. Re:"They took our jobs!" by dkleinsc · · Score: 1

      4. There is active discrimination against people who have been unemployed for any significant length of time.
      5. Age discrimination means that old techies often aren't getting hired.

      HR and C-level execs are all chasing after programmers aged 25-30 who aren't junior enough that they'll make rookie mistakes but aren't senior enough that they'll want a fair day's pay for a fair day's work.

      I for one would be overjoyed to have on my team a decent 58-year-old programmer who's been unemployed since 2009: He's probably good because he's experienced enough to know all the tricks of the trade, and he's probably cheap because he's starting to get desperate. I'd much rather have him than somebody who's billed as a "rock star" 21-year-old developer.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    5. Re:"They took our jobs!" by Anonymous Coward · · Score: 0

      Trying to weigh all the parts of the bill, I think I would oppose it.

      You have a copy somewhere?? Looking around a bit, there is no mention of this other than the news article that's been copied a bunch of places.

    6. Re:"They took our jobs!" by Anonymous Coward · · Score: 0

      It is too easy to get popped with a felony

      Bull. Put down the weed already.

    7. Re:"They took our jobs!" by mmell · · Score: 1
      Y'know, IBM is very aggressively implementing their GDF (Global Delivery Framework), a cornerstone of which is that instead of paying median wages for qualified talent, they'll offer wages less than half the industry standard. This will keep most qualified domestic job seekers from accepting those positions and freeing IBM to claim that they have to hire personnel on H-1B because they can't find local talent. They get what they pay for; providing what their customers pay for, now . . . that's another story.

      It's not that IBM is too picky about who they'll hire - just about what they want to pay. And . . . no, I'm not interested in maintaining a very large number of *NIX servers for an hourly wage that's comparable to your average McDonald's manager's. Yes, I've been to college. No, I haven't committed any felonies (not even any misdemeanors in the past decade). Oh, and yes, I'm not sitting on my ass and I do have a fairly sizable skillset (not "skillz". "skills" or "skillset". I speak English as my primary language).

      Increasing the quota for H-1B employees is a bad idea. No wonder unemployment is so high - or should college graduates in this country be content to flip burgers for a living, or employ their hard-earned skills for the same wage somebody from a third-world country is willing to accept?

    8. Re:"They took our jobs!" by Anonymous Coward · · Score: 0

      Singapore places additional taxes on foreign workers-and that system seems to work fairly well there.

  13. Legislators are so stupid... by superdave80 · · Score: 5, Insightful

    But the cap would be allowed to rise automatically with demand...

    Um, that is the exact opposite of a 'cap'.

    1. Re:Legislators are so stupid... by Changa_MC · · Score: 1

      It will rise with demand up to 300K, which means "the cap is now 300K."
      So there's still a cap.

      --
      Changa hates change.
    2. Re:Legislators are so stupid... by BonThomme · · Score: 1

      so it's a crotchless chastity belt

  14. Why not just increase legal immigration? by RyanFenton · · Score: 5, Insightful

    Importing people who will be automatically put into a process of exporting if they lose their job always seemed more than a bit cruel to me.

    The effect of H1b has been to flood the market with fake job offers (intended to find no one available), increase the desperation of the average job seeker (where it doesn't lower wages directly, it has other effects), and to shift the job market gradually overseas as intimate knowledge of US business is shifted to people who aren't allowed to remain in the US market.

    It's a mixed result - but mostly negative for the US at large.

    Why not just allow more immigrants for technical fields? That way, they can start companies here, they don't have to live in such fear while working, and can pay socially beneficial taxes when they do (statistically) reach the higher incomes they are bound to reach.

    Passing laws just to increase profit margins of companies at the expense of workers seems highly corrupt/inefficient. We're a nation of immigrants - we shouldn't shy away from making the nation stronger with citizens - and we've had huge problems with, um, drawing distinctions about labor variants of citizens in the past.

    Ryan Fenton

    1. Re:Why not just increase legal immigration? by Anonymous Coward · · Score: 0

      Because we're already overwhelmed with the current levels of legal immigration right at the moment (which is at a million plus PER YEAR...)- and this H1B stuff is just another excuse to cripple the middle class. I'm quite disappointed that Hatch is even remotely involved with this travesty. Some conservative he is...about like Bone...er...Bohener.

    2. Re:Why not just increase legal immigration? by Anonymous Coward · · Score: 1

      More immigrants? Amen to that. If the shortages are real (and generally they aren't) let people come over who have the skill sets and want to become citizens. Despite what the corporate shills and sheeple claim, which is usually regurgitated propaganda, H-1B visas are all about the Benjamins, all about cutting labor costs. When I was in Vancouver, WA, soon after Microsoft and Kyocera had laid off thousands, the gal who sold me my morning java and the guy who made my sandwich at lunch time were both well qualified and had experience working for those same companies that were soon after in the media decrying the shortage of qualified workers.

    3. Re:Why not just increase legal immigration? by dkleinsc · · Score: 3, Interesting

      Importing people who will be automatically put into a process of exporting if they lose their job always seemed more than a bit cruel to me.

      The rule that H1B visa holders lose their right to be in the country if they lose their job is one of the attractions of H1B holders for bad employers. Imagine, if you will, an abusive boss or company that's making you put in lots of 80+ hour work weeks for $45K a year (It was supposed to be closer to $75K when you took the job, but for some reason the deal changed after you moved to take the job). Now, you have 2 basic options: You can quit, or you can put up with it.

      As a US citizen, if you quit, you might be unemployed for a while, which will suck, but you have a decent chance of finding new work sooner or later and have access to social safety net programs if you need them. As an H1B Visa holder, if you quit, you have to leave the country basically immediately and your best bet is going to work in your home country for $30K a year for a different abusive boss / company. Which means that the US citizen is more likely to quit when abused than an H1B holder is.

      And I don't blame the H1B holders for coming to the US to work - they're doing this because it's the best they can do. But I will absolutely be angry at the employers who want to cut costs by making it difficult to quit and then abusing their employees.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    4. Re:Why not just increase legal immigration? by Anonymous Coward · · Score: 0

      thanks for signing your post. now we can all realize you're a self-important douchebag.

    5. Re:Why not just increase legal immigration? by GoogleShill · · Score: 2

      I'm not sure how we're currently overwhelmed with immigrants, but this bill does drive down wages in the interest of corporate profits... That's pretty much the entire republican fiscal policy right there.

    6. Re:Why not just increase legal immigration? by Changa_MC · · Score: 1

      I'm not sure where you get your stats, but currently more people are moving TO Mexico from the USA than from Mexico to the USA, because our economy sucks so badly.

      --
      Changa hates change.
    7. Re:Why not just increase legal immigration? by BonThomme · · Score: 2

      actually it's because Mexico's economy has stopped sucking so badly

    8. Re:Why not just increase legal immigration? by phorm · · Score: 2

      Kinda like how in Canada the new mine just made speaking Mandarin part of the job requirement, and then hired all workers from China when they "couldn't find" local candidates that fit the requirement.

  15. Normally I would agree with keeping the limit low by greg_barton · · Score: 1

    But... :) Tech sector unemployment is quite low, so there actually is a demand for workers now. Adding tech workers to the employee pool will allow firms to grow, which will create jobs in the long run.

  16. Best Congress China can buy. by cockpitcomp · · Score: 2

    It is pretty clear these guys are treasonous bastards.

    1. Re:Best Congress China can buy. by GameboyRMH · · Score: 1

      Yep, but helping China is the means, not the end...

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  17. Get rid of these senators by sl4shd0rk · · Score: 2

    This is unthinkable. It's this kind of corporate pandering that has gotten us into the unemployment problem we're currently in. I have no problem with hiring people from other countries -- when there is a surplus of work to go around.

    --
    Join the Slashcott! Feb 10 thru Feb 17!
    1. Re:Get rid of these senators by Bob+the+Super+Hamste · · Score: 1

      I tried but my old high school econ and American government teacher lost in a land slide. Although given Klobuchar's opponent's stance on things he probably would have supported this as well.

      I am a bit surprised by Klobuchar's name being attached to this bill given how much technology is in this state even though I probably shouldn't be given that it isn't the workers but the companies who she is helping out. I guess it is time to let her know that I will be actively campaigning for who ever her opponent is and also letting the Minnesota DFL know as well (I am probably already on their shit list but who cares).

      --
      Time to offend someone
    2. Re:Get rid of these senators by Anonymous Coward · · Score: 0

      Surplus of work to go around? There is... for some things. If you want unemployment to be negative or even 0%... well, it never is, actually.

  18. How about.... by Dcnjoe60 · · Score: 1

    How about no H-1B visas until unemployment drops below 5%.

    1. Re:How about.... by cfulton · · Score: 2

      How about. But, it won't happen. The real incentive here is profit in the Tech Sector. American developers are paid a living wage (most of the time). This bill allows American tech companies to bring in workers who cannot compete in the open market for the best pay. This allows the tech companies to pay them much less than an American. The powers that be may want low unemployment, but they also want low wages.

      --
      No sigs in BETA. Beta SUCKS.
    2. Re:How about.... by Alien+Being · · Score: 0

      How about we put the bastards pushing this change on a slow boat to India? Then we sink the boat.

      Dateline: Ship sinks. Shark eaten by Orrin Hatch.

  19. Senator Sanders by Anonymous Coward · · Score: 3, Informative

    Here's hoping Senator Bernie Sanders pushes back again on this one. Anyone familiar with the Senator knows that he has been a thorn in the side of H1-B advocates, introducing and pushing amendments to limit the program and fund US STEM for years.

    http://www.dailykos.com/story/2007/05/24/338394/-H-1B-Labor-Sen-Bernie-Sanders-Introduces-Amendment-to-Strengthen-America

  20. Re:Normally I would agree with keeping the limit l by timeOday · · Score: 1
    The supply of domestic tech workers will never increase until the price (pay) is allowed to rise with demand.

    People argue about the minimum wage. This is what I call our "maximum wage" policy. We have this fixed notion of what different jobs "should" make. And when supply and demand gets out of line with our preconceptions, we allow immigration to drive down wages on picking fruit, or construction, nannying, technology work, or whatever.

    Screw that! If we need this for anything, it's doctors, since the supply is artificially limited by the AMA. So why isn't that happening?

  21. Confused why this opposition? by goblinspy · · Score: 0

    H1-B is only granted if a US Citizen or a permanent resident is not available or willing to take the position. Just make sure that these are followed to stop abuse. Quotas make it difficult to companies to hire people here and if the pain to hire here is more than managing an offshore team say bye bye to American jobs. Also there are many indirect jobs that are created with the filling of the position. There are abusers of every provision and decisions should not be made on these bad apples.

    1. Re:Confused why this opposition? by Nadaka · · Score: 1

      Locals would be more willing to take a position if a competitive wage, benefits and scheduling flexibility option was actually offered.

    2. Re:Confused why this opposition? by h4rr4r · · Score: 2

      Which means they write a requirements sheet no one can meet and lie about the person they are hiring.

      The simple answer is to say all H1Bs must be paid $200,000/year or more and the visa is not tied to the company.

    3. Re:Confused why this opposition? by Meeni · · Score: 2

      H1B is not free (application is quite expensive actually), and the employer doesn't get to set the salary as pleases him. Usually, immigration will return a "ok, but a 20% more than proposed". I definitely don't think that applying to a position and saying the recruiter that you'll need a H visa (and all the associated cost) helps your case.

      Sometime, local workforce is not available without retraining. Now since everybody bright in the US gets a law or MD degree, there is a shortage of bright IT/tech people that needs to be filled with foreigners. If you remove H1B, you'll have to ease on the green card, but I'm not sure it's the intended purpose ?

    4. Re:Confused why this opposition? by goblinspy · · Score: 1

      So this means the prevailing wage classification needs improvement as not all IT Jobs are the same and I do strongly support your second point of making it not tied to the company.

    5. Re:Confused why this opposition? by Nadaka · · Score: 0

      Only idiots or suckers get a law degree these days. There are no jobs for lawyers, and they teach you nothing you actually need to do the job in school.

    6. Re:Confused why this opposition? by Sarius64 · · Score: 1

      Marking this moment I agree with you fully. :)

    7. Re:Confused why this opposition? by h4rr4r · · Score: 1

      There is no shortage of IT workers.

      Oh no 20% more than the lowball figure to begin with. I would rather more green cards be given out, at least that way these folks can switch jobs.

    8. Re:Confused why this opposition? by Anonymous Coward · · Score: 0

      Just look who is proposing it: Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.), and Chris Coons (D-Del.)

      Instead of dealing with libertarians, democrats and non-theists (most of the US universities makeup) those states rather import foreign Christians instead of accommodating the Americans and diluting their voter base.

    9. Re:Confused why this opposition? by rwa2 · · Score: 2

      And thanks to all those lawyers that do get work doing medical malpractice suits, MD degrees aren't much fun either due to insurance costs. It's kinda turned into a less glamorous service sector job these days, with doctors getting overworked by stingy care providers to maximize their return on investment.

      I suppose there's still glamour in the "medical tourism" industry, though... where people fly around the world to other, less litigious countries to visit affordable doctors / dentists for major work.

    10. Re:Confused why this opposition? by AK+Marc · · Score: 1

      Sometime, local workforce is not available without retraining. Now since everybody bright in the US gets a law or MD degree, there is a shortage of bright IT/tech people that needs to be filled with foreigners. If you remove H1B, you'll have to ease on the green card, but I'm not sure it's the intended purpose ?

      I think that the company should identify the training costs and that should be built into the cost of the visa, and the government should use that to actually train people for those positions.

    11. Re:Confused why this opposition? by AF_Cheddar_Head · · Score: 1

      H1B is not free (application is quite expensive actually), and the employer doesn't get to set the salary as pleases him. Usually, immigration will return a "ok, but a 20% more than proposed". I definitely don't think that applying to a position and saying the recruiter that you'll need a H visa (and all the associated cost) helps your case.

      Sometime, local workforce is not available without retraining. Now since everybody bright in the US gets a law or MD degree, there is a shortage of bright IT/tech people that needs to be filled with foreigners. If you remove H1B, you'll have to ease on the green card, but I'm not sure it's the intended purpose ?

      So spend some fucking money on retraining. You will get a loyal qualified employee that is not going to be required to leave the country in a few years. That money that you spend on a lawyer to get the H1B approved is better spent training a local.

      I know more than one guy that was assisted by an employer that wouldn't leave his current job for a 10% raise because the current employer paid some money to retrain him.

    12. Re:Confused why this opposition? by Roachie · · Score: 1

      Actually this is one of the better responses to the problem.

      If these qualified people are so hard to find then naturally there must be a tremendous salary to attract them, no?

      --
      This sig is not paradoxical or ironic.
    13. Re:Confused why this opposition? by BonThomme · · Score: 1

      "the employer doesn't get to set the salary as pleases him"

      you're funny. the majority of the H1-B's are consumed by Indian job shops that then fob out the employee to some other company, and take about 80% of his compensation as their 'fee'. well, Congressmen are much more expensive these days...

    14. Re:Confused why this opposition? by volmtech · · Score: 1

      My 38 year old son does quite well as a lawyer. His first job out of law school was negotiating contracts for cell phone tower locations. Law degree required to be considered for job. Second and present job, contract manager for the eastern US in the power generating division of a major German corporation. Two years as an Air Force officer based in Germany did enhance his credentials.

  22. Here is an idea... by Nadaka · · Score: 1

    Eliminate all H1b visa's and that so called demand results increases in pay, other compensation and scheduling flexibility until more people have the incentive to move into those positions. Who would guess that high demand might increase the price of a scarce supply of goods(labor)?

    1. Re:Here is an idea... by goblinspy · · Score: 0

      How would this work in a global economy. You don't need people to be on site to do the job?

  23. 7 billion by goodmanj · · Score: 1

    The cap on H-1B and other visas should be set at 7 billion people.

  24. Re:Normally I would agree with keeping the limit l by greg_barton · · Score: 1

    It's not happening because we lack a powerful tech worker lobby. :)

    However, back to the original point, allowing wages to rise is not a short term solution. It is a long term solution, and one that I naturally agree with being a tech worker. :)

  25. Re:Normally I would agree with keeping the limit l by godrik · · Score: 1

    disclaimer: I am currently an alien worker in the US under working visa.

    I believe the question of how many foreign workers to allow in the country is a very difficult one. There are many things to weight.

    First, of course, is the level on unemployement in the country. If you have many unemployed skilled workers within the country, then you do not help your citizens (which should be the point of a government).

    Second, as was pointed out before, foreign workers increase offer and tends to decrease salaries; which can also be detrimental to your workers.

    But there are also good effects in foreign workers. It brings people that are (typically) debt free and that the will to make important decisions. It is a H1B worker now, but it might be a company tomorrow.

    It can brings more skills in the country. Visa workers might stay which means you instantly gained a new trained worker. You lured him pretty much for free. That means he contributes to your economy and not to his country of origin's economy.

    It increase competition. Surely american people should understand that's a good things.

  26. hey AC, didn't want to go there by globaljustin · · Score: 1

    "So yes, Americans do need to get off their asses, get some skillz and get to work..."

    >"Ah yes, the old unemployed are lazy and unskilled lie."

    I didn't mean to go there. I *don't* think that, but I know that there are Republicans and closeted GOP'ers ('libertarians') who I respect on /.

    I was trying to weigh the bill all the way around, from all perspectives.

    --
    Thank you Dave Raggett
  27. wrong approach by Charliemopps · · Score: 3, Insightful

    Don't create more visa's, give the workers easy pathways to citizenship. Work on an H1-b for 5 years without run-ins with the law and you're a citizen. If you don't want citizenship then you lose your visa. Simple as that. Is there not enough skilled labor? Or is there not enough cheap labor? Making more visas brings in cheap labor. Making more citizens brings in talented labor. If you're a law abiding person and go through the proper channels citizenship should be easy in this country. I work in a shop with a lot of H1-B people, from India, Russia, Israel, etc... and I'd be happy to have any of them get citizenship here. They're great people and I like most of them better than my asshole neighbors.

    1. Re:wrong approach by Mitreya · · Score: 3, Interesting

      Don't create more visa's, give the workers easy pathways to citizenship. Work on an H1-b for 5 years without run-ins with the law and you're a citizen.

      The law of unintended consequences says that your rule will cause H1-B holders to be fired after exactly 4 years to be replaced by brand new H1-B visa holders.

    2. Re:wrong approach by Anonymous Coward · · Score: 0

      Don't create more visa's, give the workers easy pathways to citizenship. Work on an H1-b for 5 years without run-ins with the law and you're a citizen. If you don't want citizenship then you lose your visa. Simple as that.

      I totally agree that after 5 years you should automatically be granted your *greencard* (normally a horrifically long process, if you've ever been through it) and the *option* of becoming a citizen. I don't agree you should force someone into citizenry.

      One of the stupidities of the immigration process today is that someone who is actually talented, wants to be here, pays there taxes, and doesn't break the law, often has to undergo years of uncertainty around whether they will be able to retain their status long enough to actually make it through the permanent resident process. Economy dips and you lose your job after 5+ years? Too bad for you, get out within 10 days, take your talent and taxes with you. It's this same problem that creates the "cheap labor" problem for those who do abuse the program - the visa holder is locked in an extraordinarily poor bargaining position with their employer.

    3. Re:wrong approach by Anonymous Coward · · Score: 0

      Why? What possible gain does a company get by screwing with their immigration status? If anything it will be 5 years on the nose when the employee changes jobs.

    4. Re:wrong approach by Anonymous Coward · · Score: 0

      Do you really want corporate employers selecting the future citizens of the United States?

      There are lots of smart folks that earn good money at corporations that are not people I would want as neighbors. I would suggest pick 12 people at random from the voter rolls-and let them talk to these folks for an hour. If most of them don't want the individual in question to get visa or greencard status, there may well be a reason.

  28. Re:Normally I would agree with keeping the limit l by Fallen+Kell · · Score: 1

    Would be interesting if that "low" unemployment actually equated to raises which even matched inflation....

    2006: Inflation rate: 3.8% Tech Salary: 1.7%
    2007: Inflation rate: 2.8% Tech Salary: 4.6%
    2008: Inflation rate: 3.8% Tech Salary: 1%
    2009: Inflation rate: -0.4% Tech Salary: 0.7%
    2010: Inflation rate: 1.6% Tech Salary: 2.4%
    2011: Inflation rate: 3.2% Tech Salary: 5.3%

    So if you started with a salary of $100,000 in 2005, it would mean the following (inflation adjusted to 2005 dollars):
    2006: $97,977
    2007: $99,692
    2008: $97,003
    2009: $98,073
    2010: $98,845
    2011: $100,857

    In other words, a paltry 0.8% raise in real salary over those 6 years!

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  29. I propose an amendment by Ded+Bob · · Score: 1

    I am fine with these visas, however, they should make it very easy for the person hired using one of them to switch jobs at will without a slew of requirements that keep them effectively owned by the first company.

    Of course, many corporations would oppose it because the people here on such a visa would be asking for much better salaries and benefits, but the only stated purpose to increase the number of visas and the whole idea of the H1-B is to get more workers. Note: I said "stated" purpose.

  30. Automatically vote no by Pop69 · · Score: 2, Informative

    Anything that has Orrin Hatch involved is an automatic vote against as far as I'm concerned

  31. c'mon slashdot comments... by Anonymous Coward · · Score: 2, Informative

    Slashdot - I remember when you used to have informative comments... every day you're getting closer and closer to the bile spewed out on youtube comments...

    H1Bs require LCAs which require the income to meet the standard for that position. This $ figure is set by the government with the intention that companies cannot bring in foreigners and pay them less then citizens.

    I know because I've been through the process. I'm an Australian working in the US on a H1B earning as much as I would back home. The minimum wage listed by the government on the LCA seemed fair to me so I have no idea what you all are complaining about.

    1. Re:c'mon slashdot comments... by jedidiah · · Score: 1

      Genuine talent is worth an immediate green card. Anything else is glorified slavery.

      Your entire post is just such obvious bullshit. Don't try to kid us. Many of us have direct personal firsthand experience with this. We have seen for ourselves the scab labor effect being used by companies or we have seen how shabbily genuine talent has been treated.

      I am sure that I am not the only one here that's seen it for himself.

      The rules are made to be abused. The entire concept is ripe for abuse even without bogus salary tables.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:c'mon slashdot comments... by AF_Cheddar_Head · · Score: 1

      In your situation you seem to be working for one of the employers that follow the rules, Many do/Many don't.

      How do they abuse the system:
      Tell the government that they are hired for position X that normally has salary Y that is the LCA, but once hired they are used in position Z that should have salary Y+ 10,000 on the LCA but of course the H1B won't complain, he has the job at more than he could make at home.

      Now the wages for position Z are depressed.

      Or the numerous ocassions where incumbent employees are required to train their replacement that is an H1B or be fired for cause with no severance or unemployment, Yep replaced by an H1B when H1B employees are only supposed to be used in positions that don't have qualified citizens available.

      Yeah I am too lazy to find citations so anecdotes will have to suffice.

    3. Re:c'mon slashdot comments... by Anonymous Coward · · Score: 0

      Do you live in one of the states where the senators are from (Ohio, Missisippi...)? LCA is specific to the location. In those states minimum wage is probably half of what it would be in CA or MA. People have families, need security and education. Those states cannot compete with other states and their wages would likely need to be higher in order to attract American talent...H1B is a solution to that.

    4. Re:c'mon slashdot comments... by shutdown+-p+now · · Score: 1

      Anecdote is not data. What you've seen in one company may not apply to another company.

      I can only second what GP has said. I'm an H1B employee, and I earn a six-figure salary. If I could get a green card right away, I'd be delighted at the prospect, but that's not how it works today (although I'd be happy if you vote in politicians who'll make that change!) - and right now the queue for green card applications has a 5-year backlog. So, realistically, H1B (and waiting in the queue) is my only option.

    5. Re:c'mon slashdot comments... by Anonymous Coward · · Score: 0

      every day you're getting closer and closer to the bile spewed out on youtube comments...

      It's hilarious how unreflective the Slashdot crowd is, they use their passion and above average IQ's to defend self-interested positions. On the issue of copyright and the prosecution of infringers for example, they don't allow or care that people who spent lifetimes in the business have lost their livelihoods because of illegal file sharing. They'll bring up counterexamples. But when it comes to H1-B's, now it seems that it's the livelihoods of American tech workers that are the ones that have to be protected.

      Hey guys, what about learning to adapt with the times, the same advice you've always been quick to give to folks in the music and publishing businesses? I guess it's not so easy when you're the one sending out resumes and staring at a stack of bills on the kitchen table.

  32. opposite reactions by Alien+Being · · Score: 2

    Until recently I've been one of those guys who was always defending free trade, immigration, multiculturalism and the like. Crap like this doesn't change my views incrementally, it makes me see the polar opposite. These immigrant workers are not "friends". They're here to take whatever they can from us. The government isn't working to improve conditions for the average citizen. They're just making shady deals with companies whose only philosophy is "greed is good".

    I've been a fool, but I won't get fooled again. Who said that?

    1. Re:opposite reactions by LordNimon · · Score: 3, Funny

      I've been a fool, but I won't get fooled again. Who said that?

      George Bush tried to, once.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:opposite reactions by Anonymous Coward · · Score: 0

      If this is all it takes for you to see the "polar opposite" then I would assume that you are not as open minded as you say (or maybe even think) you are and that you have not worked with immigrants ever.

      As an immigrant I can tell you that I do have friends, I pay my taxes, regularly volunteer in education (more than 100 hours a year) and donate money to charitable organizations. We are not here to "take whatever we can from you", we are here because we have families that are important to us, because we want to have a good life, and a family of our own, because the jobs we were offered were interesting and challenging.

      I would recommend that you expand your views a little bit.

  33. Competition for employment by sjbe · · Score: 3, Interesting

    I think foreign workers in all jobs are good, but increasing the number of visas granted is bad in an economy like ours.

    So you don't want to sound xenophobic but you really are. Foreign workers contribute to the economy, pay taxes, and bring specific talents that are badly needed by companies but you think we should hire Americans just because they are Americans?

    Google, Yahoo, IBM, etc *should* be forced to hire more US workers.

    You've never tried to run a business have you? Forcing a company to hire substandard talent is literally counterproductive. Companies need to and should hire the best talent they can get regardless of where the person is from. If that happens to be people from the US that is terrific. Companies need specific skills and those skills don't have anything to do with national boundaries. If the US workers are the best available option then I guarantee you that companies will hire them. If they aren't the best then they don't really deserve the jobs now do they?

    A second reason to oppose more H1-B visas is that it would force Americans to go back to college or get marketable skills another way.

    So less competition for jobs is somehow supposed to push Americans to get more training? Curious logic since generally less competition has exactly the opposite effect. If I don't have to compete for my job, I'm going to have zero motivation to spend money or time on additional education.

    1. Re:Competition for employment by h4rr4r · · Score: 1

      Specific skills would be O1A, H1B is just a slave. They work for less and are tied to one company. I would invite them myself if that whole plan was not just to drive wages down for everyone.

      They are hiring substandard workers, just ones forced to accept low wages. US workers are not the best option as they will want market wages.

      There are plenty of trained americans, but they will not accept low wages and terrible working conditions.

    2. Re:Competition for employment by sjbe · · Score: 2

      Specific skills would be O1A, H1B is just a slave

      H1B visa are for specialty occupations requiring highly specialized knowledge. H1B visas are not for people who pick produce and calling them "slaves" is an absurd comparison. Real slavery is a horrific crime and slaves certainly don't get paid.

      US workers are not the best option as they will want market wages.

      Market wages are the wages that they can get. If others are willing to work for less then your "market wages" then what you are calling market wages isn't. Just because you think you deserve more money doesn't mean a thing if no one will pay you that amount. If you have the same skills and are willing to work for the same price I'm pretty sure a US company will hire you or did you think that Americans are somehow immune to economics?

      There are plenty of trained americans, but they will not accept low wages and terrible working conditions.

      Fair enough. Then I hope these same people will enjoy unemployment

    3. Re:Competition for employment by Vicarius · · Score: 3, Insightful

      So you don't want to sound xenophobic but you really are. Foreign workers contribute to the economy, pay taxes, and bring specific talents that are badly needed by companies but you think we should hire Americans just because they are Americans?

      As a foreigner in USA who worked on H1B, I will tell that, yes law makers should be creating laws that make it easier and cheaper to hire Americans than H1B workers. Don't think of good or evil in terms of "people" or "world", but try to realize that each and every country should focus on their own first and should not be increasing own unemployment just not to look xenophobic. H1B's should be a temporary solution while you are training your own citizens.

    4. Re:Competition for employment by Anonymous Coward · · Score: 0

      I think foreign workers in all jobs are good, but increasing the number of visas granted is bad in an economy like ours.

      So you don't want to sound xenophobic but you really are. Foreign workers contribute to the economy, pay taxes, and bring specific talents that are badly needed by companies but you think we should hire Americans just because they are Americans?

      Google, Yahoo, IBM, etc *should* be forced to hire more US workers.

      You've never tried to run a business have you? Forcing a company to hire substandard talent is literally counterproductive. Companies need to and should hire the best talent they can get regardless of where the person is from. If that happens to be people from the US that is terrific. Companies need specific skills and those skills don't have anything to do with national boundaries. If the US workers are the best available option then I guarantee you that companies will hire them. If they aren't the best then they don't really deserve the jobs now do they?

      A second reason to oppose more H1-B visas is that it would force Americans to go back to college or get marketable skills another way.

      So less competition for jobs is somehow supposed to push Americans to get more training? Curious logic since generally less competition has exactly the opposite effect. If I don't have to compete for my job, I'm going to have zero motivation to spend money or time on additional education.

      Oh come on! You're wearing a blindfold man! Corporations are NOT hiring the "best talent they can get" unless you expand the phrase with "for jr level wages" I've worked at Verizon, at Bank of America, at Citi.. I've been around the corporate block. The people that are hired are jr. developers and it shows in every facet of their performance. The code is sloppy and buggy, the comments are useless, deadlines cannot be hit, estimates are simple guesses or random numbers of hours, and their egos are uncontained. Lets expand on that last one a little. I don't believe they think they have god-like programming skills, just that they are above some tasks or some people by birthright. They will not listen to advice, they will not follow coding practices, and they will not admit to problems they are experiencing.

      Now what I've said contains a LOT of generalizations, and I've certainly worked with a few individuals that were very talented, but can you guess what happens to those people? They work their time, then even if they wanted to come back they couldn't. They have too much experience to be paid a jr developer wage. Now all the experience they've gained returns to their home country with them. These corporations that benefit so much from our government, or infrastructure, all the things that tax paying Americans built for themselves, these corporations are hurting this country and helping another.

      So does this really fit in with your charactorization about corps just trying to hire the best darn talent they can, and gosh darn it those dumb Americans just cant meet our needs! If you're honest with yourself, you'll realize that no, it does not.

      You sound like you're involved in this process somewhere, but I'm on the front-lines.

    5. Re:Competition for employment by KlomDark · · Score: 0

      Whatever, you sniveling fascist. Come talk to us when you move out of your momma's basement and have a family to feed.

      If you don't support American workers getting American jobs, then GTFO of our country. You are nothing more than a traitor to the generations of Americans who have sweated and died to improve the lives of the common person in this country.

      Just a few years ago, companies would hire AND train their workers as a long term investment that paid off for the entire society.

      You are a short-sighted moron with some disgustingly anti-American values. Go be stupid somewhere else.

    6. Re:Competition for employment by Anonymous Coward · · Score: 0

      Google, Yahoo, IBM, etc *should* be forced to hire more US workers.

      Google inventor Sergey Brin is an immigrant from Russia. You want immigrants from foreign be forced to hire more US workers! LoL.

    7. Re:Competition for employment by shutdown+-p+now · · Score: 1

      I'm making over $140k/yr in Seattle on H1B doing what I do. Is that a low wage for substandard work?

    8. Re:Competition for employment by BonThomme · · Score: 1

      if companies are paying competitive wages and can't find anyone, then what they are calling competitive wages aren't.

    9. Re:Competition for employment by sjbe · · Score: 1

      Don't think of good or evil in terms of "people" or "world", but try to realize that each and every country should focus on their own first...

      Countries do not hire (most) people, companies do. Companies have a very limited ability to develop specialized talent. For the most part they need to hire people who already possess certain skills and attributes. These people may come from the same country as the company but quite commonly they do not. Forcing companies to hire people locally who lack critical skills when they are available elsewhere is absurd. The US is a nation of immigrants and pretending it is otherwise is to forget what made us successful in the first place.

      Let's put this problem in perspective shall we? The number of H1B visas is around 120,000 annually. The size of the US labor force is roughly 150 million people. That means the number of H1B visas amounts to less than 0.1% (one tenth of one percent) of the overall workforce. That is almost a rounding error.

      If your argument is that governments should set policies that encourage development of domestic talent then I agree. I think you will find few companies that will argue against such policies. Hiring foreigners is quite an administrative burden and the more local talent that is available the less it tends to cost.

  34. better university classes by globaljustin · · Score: 1

    "You may have to be willing to learn new things..."

    My contention is that, indeed as you say 'the jobs are out there'...however I contend that the avenues to attaining the skills required are not as open as you indicate.

    Yes, theoretically, a random person willing to do the things you list (delve into coding, relocating, entry-level work) could, under laboratory conditions get a job.

    I'm talking about people who don't know that avenue exists, which are many. College is still considered the place to go to become a professional, and as I'm sure you'd agree, getting a job in IT/tech is not degree-dependent like other fields such as teaching or nursing.

    Colleges need to do a better job of teaching tech/IT skills. It is a long-term project to be sure, but it needs to happen. If you put the money there, the techies with good interpersonal skills will come to Academia.

    I have a degree in education from the University of Colorado-Boulder and the overlap between current education theory and 'machine learning' artificial intelligence stuff is very interesting and developing. IMHO it is the perfect time to improve technology education in Academia...major overhaul

    --
    Thank you Dave Raggett
  35. Annnnnnndddd.... by Holi · · Score: 1

    There's the jobs bill they promised us a year ago.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  36. AKA The we hate the middle class bill by EmperorOfCanada · · Score: 3, Insightful

    As people above have pointed out there should be a minimum salary for H1-Bs. This salary should be borderline absurd. Then on top of that there should be a special H1-B tax on that salary bringing it down to below what is typically earned in that field. Then 100% of the tax should fund education or training in that exact field. So if H1-B programmers are hired it goes to programming education. If H1-B snake charmers are being hired then it goes to a snake charming school. This way the government doesn't pick winners for educational grants, they pick themselves.

    At no point should it be more attractive to hire a H1-B than it is to hire a local of the same qualification. If the system was properly tuned it would always be a last resort to hire a H1-B not the preferred case as with many exploitative companies. Then in theory there wouldn't need to be a cap.

    Personally I have always thought that any work you hire in cheap countries should have their labors taxed until the domestic company had paid the same as if the work were done locally. So if you have a company in country X that is getting the work done for $0.50(shipping included) per unit because they pay their people pennies and pollute the crap out of some river and the domestic rate is $1.00 per unit then there should be a $0.50 per unit tax. So if you think the offshore company does it better then you get them to do it. This prevents the economic concept of us not only importing their products but prevents the import of their crappy standard of living.

    Oddly enough the above idea encourages simply paying higher wages when you do find yourself having to hire outside help. Thus raising the standard of living in other places.

    1. Re:AKA The we hate the middle class bill by Anonymous Coward · · Score: 0

      Why tax it to below market salary? That guarantees wage depression and is assholish to boot. Your arguments can only make sense if the absurd salary gets taxed back down to no less than market rate (and at that point, don't call it a salary, call it a fee).

  37. To address a shortage by HangingChad · · Score: 2

    This to address the shortage of developers who will work 70 hours a week for $35K a year and are afraid to complain about working conditions for fear of being deported.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  38. Should lower it to 0 by Anonymous Coward · · Score: 0

    Get rid of the H-1B.

  39. Truly outstanding! by Baldrson · · Score: 1

    Only immigration politics could come up with a concept like a "cap" that "would be allowed to automatically rise with demand" during a jobless recovery.

  40. A secret cabal - shhhhh by sjbe · · Score: 1

    The supply of domestic tech workers will never increase until the price (pay) is allowed to rise with demand.

    You seem to think that there is some secret cabal who controls wages for tech workers. When there is sufficient demand and competition for talent then wages will rise. The market sets the rate. Just because wages aren't as high as you think they should be is irrelevant. Tech workers aren't more special than anyone else and there is no small group that controls their wages.

    Screw that! If we need this for anything, it's doctors, since the supply is artificially limited by the AMA.

    The article you reference is from 2005 and is quite out of date. The AMA does not control the supply of physicians in the US - Congress is in charge of that. The AMA is a lobbying group and a professional association but they do not control Congress.

  41. Re:Normally I would agree with keeping the limit l by Anonymous Coward · · Score: 0

    I'm all for increasing green cards for people who want to work and live in the United States, even though that directly competes with me. What I am tired of is seeing jobs that can't be outsourced, being set up with the express point of bringing in lower cost labor, for the specific point of having lower cost labor and to drive down wages. Tech is not a low skill job in most cases, it requires schooling, which is expensive in the United States, and the fixed costs of living in the United States. I am severely underpaid, however I was given a job with no experience, no training, little benefits and no advancement opportunities, it's literally the only thing around and we STILL hire people as H1Bs first even with a ton of people unemployed and more than able to fill slots. H1B is a scam for corporations, plain and simple.

  42. Cap Should be Salary Based by MattW · · Score: 4, Interesting

    Realistically, I view an ability to bring in highly skilled workers as a huge boon for us. Tax revenues, technological innovation, business agility - etc. People who are really driving technology and innovation create way more value than they capture and they become the rising tide that lift all boats.

    But how can you identify them? We all know companies that want to import workers for less skilled jobs carefully tailor the job descriptions to avoid any domestic competition, don't publicize the jobs widely, etc.

    Salary is the answer. We should prioritize H1-B visa imports by salary. The more you are paying the worker you import, the higher on the list they get to be. Any increase in the cap requires a certain number of workers at the top of the salary curve; if your salary would put you in the top 1% of workers in any science or technology field, then come on in; I don't care how high the "cap" goes. As you move toward the middle of the bell curve, the total number of workers we'll import declines. We shouldn't import even one worker below the median salary. I don't think we should move an inch over the current cap unless everyone over the cap is at least in the top 20%.

    1. Re:Cap Should be Salary Based by Anonymous Coward · · Score: 0

      Not salary. Each new H1-B visa should come with employer paying for the equivalent education for an American. If that's a doctor, then it should include all education thru residency, for example.

    2. Re:Cap Should be Salary Based by Your.Master · · Score: 1

      I think that's actually a wonderful idea. As much as I kind of think there should be no cap at all, this addresses all the major arguments for a cap that aren't totally plain racism quite handily.

      You still might have to consider a scaling factor for hiring foreign workers into places with varying costs of living.

    3. Re:Cap Should be Salary Based by AF_Cheddar_Head · · Score: 1

      Replying to an AC but all I can say is Bingo.

    4. Re:Cap Should be Salary Based by Anonymous Coward · · Score: 0

      Interesting. But are you sure this wouldn't cause the international countries to offer the same jobs in, say, Germany or such, and try to move the qualified US staff there, besides the 3rd party highly skilled workers that it could then import to *there*?

      The actually highly skilled workers the USA imports are generally not working for burger flipping salaries anyways, it's mostly a salary just somewhere not too far above an US entry level worker, as far as I can tell. Which is what keeps them happy and makes the act of importing such a worker relatively safely profitable, despite all the risk in pursuing, evaluating and moving foreign talent.

      And for the USA as a nation, it makes its corporations as large more competitive and profitable, and creates a few additional at least average tax payers and consumers with no social security costs or such.

  43. The quality of H1Bs from India has fallen a lot! by 140Mandak262Jamuna · · Score: 1
    Compared to the good old days of 1990s to 2000, the quality of Indians seeking H1B have fallen dramatically. None of the graduates from IITs seek jobs in USA. Their prospects in India has soared. The IITian applicant stream to my company dried up some time back. I never get IIT resumes anymore. Then the REC/NIT grads also stopped coming. I see resumes from these colleges once in a while now a days. Now the only the engg stream from India is from very mediocre engg colleges, unknown even to even Indian - Americans like me. Who has heard of P.T. Lee Chengalvaraya Naicker College of Engineering and Technology?

    The American companies have invested so much in out sourcing, it has achieved a critical mass in India and most of the good ones do not want to emigrate. The only thing that can save the goose here in USA, is the number of world class high quality engg grads in India is quite limited. I would put it at about just 10K to 20K grads per year. Most the rest are no better than a bright high school grad in USA in terms of basic intelligence, skill, perseverance and work ethics. I expect the companies to reverse the out sourcing trend soon. They are losing money in out sourcing to India.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  44. When the whores in Washington.. by Paracelcus · · Score: 3, Insightful

    When the whores in Washington hear the commands of their corporate master, they forget all about unemployed Americans!

    --
    I killed da wabbit -Elmer Fudd
  45. Obviously we see what's going on here... by Anonymous Coward · · Score: 0

    The Republicans are doing it because they're bought by big business interests. The Democrats are only doing it because they love people and want everyone to enjoy our freedoms.

  46. H-2B or not 2B by smugfunt · · Score: 4, Interesting

    I noted with interest a recent advert in one of the newspapers here in Belize. It was offering Belizeans jobs in New Jersey driving ice-cream trucks for $8.50 an hour. On a six-month H-2B visa.
    I realize $8.50 is not a whole lot but can they really find no Americans to do it? Incidentally, a laborer in Belize makes about a quarter of that and a hot meal costs about $2.00.

    1. Re:H-2B or not 2B by Anonymous Coward · · Score: 1

      They can't find anybody local.

      Speaking of NJ. Ever go to Wildwood in the summer, within the past three or four years? It used to be that local high school kids would work the minimum-ish wage jobs running amusement park rides and selling hamburgers and whatnot. Now there are no more local high school kids in that income bracket -- housing costs have increased such that basically everyone living there is a wealthy retiree. So Morey's Piers (among others) abuses the student visa program to bring over "student workers" and houses them in the cheapest hotels on the island.

      You're going to start seeing this in every resort area -- it's a symptom of increasing income inequality. Cost of living near the resort increases much faster than the income you can get working at the resort (or most nearby businesses). The resort owners could increase the amount they pay -- or they can import seasonal labor, housing them in the surplus hotel space.

    2. Re:H-2B or not 2B by phantomfive · · Score: 1

      I realize $8.50 is not a whole lot but can they really find no Americans to do it?

      Probably not, think of the kinds of people you see working minimum wage jobs in the US. There are unemployed people, but a lot of them will not be willing to work for $8.50 an hour because they make more than that in unemployment benefits.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:H-2B or not 2B by Anonymous Coward · · Score: 0

      Yes, there are people in the US willing to do that. I know college graduates with high GPAs for whom that'd be a sizable raise.

    4. Re:H-2B or not 2B by Lije+Baley · · Score: 1

      A hot meal in New Jersey probably costs $8.

      --
      Strange things are afoot at the Circle-K.
    5. Re:H-2B or not 2B by Anonymous Coward · · Score: 0

      Belize is far from one of the poorest countries in the world. There are 79 countriest with less GDP per capita than Belize even if we adjust for differences in cost of living.

  47. Re:Normally I would agree with keeping the limit l by greg_barton · · Score: 1

    If that's your employment situation then you should seek another employer. Unemployment among tech workers is half of the national average, and among some tech categories it's as low as 1.7%: citation

  48. Re:Normally I would agree with keeping the limit l by greg_barton · · Score: 1

    Low unemployment would translate to higher wages if tech workers organized and stood up for themselves.

  49. The U.S. has an H-1B visa cap of 65,000... by Anonymous Coward · · Score: 0

    ... and they all work in Redmond.

    And 90% of them are hired because they're cheap, or because they speak the same dialect of Hindi as the hiring manager, not because they're any good.

    I can't count how many times I've seen an Indian manager "manage out" or outright fire a white guy to replace him with an incompetent guy who just happens to be from the same region of India.

    1. Re:The U.S. has an H-1B visa cap of 65,000... by Anonymous Coward · · Score: 0

      Certainly you are mistaken, my friend. That sort of thing is racism, an attribute exclusive to white people only.

  50. Re:Normally I would agree with keeping the limit l by Paul+Carver · · Score: 1

    What is your source on the "Tech Salary" percentage? Is that the "standard" salary increase given on average across everybody for doing the same job overall? If so then it should be as close to zero as possible after accounting for inflation. If you're doing the same job today as you were doing six years ago then you SHOULD be making the same amount after adjusting for inflation.

    Salary increases that beat inflation year over year should only be for those people who increase the quality and/or quantity of their work year over year.

    If you increase the pay of everybody regardless of their performance we have a word for that. The word is "inflation" and the old phrase "a rising tide lifts all boats" is relevant.

    Generally what people are interested in is how to increase their pay relative to other people, but in order to do that in a fair and honest economy requires increasing your own output relative to other people. You shouldn't expect "everybody" to receive increases that beat inflation because if RELATIVE wealth doesn't change then the numerical values of the pay figures don't matter.

  51. 300,000? by PPH · · Score: 1

    There are only 100 senators. 100 H-1Bs is all we'll need to replace them.

    OK, throw in another 435 visas for the House.

    --
    Have gnu, will travel.
  52. Bad for future generations by Anonymous Coward · · Score: 5, Informative

    It's the same as with outsourcing - it enriches companies and short-sells Americans. Expanded H1B program would make unappealing to invest in education in America. There would be no more need to invest in future generations if company could get workers you need w/o spending any money. In addition H1B workforce's living expenses are lower than of American workers which in turn depresses salaries of American workers.

    For example, right now my friends company is paying 50% of her expenses to finish her MBA, it costs them $20k. If company could import someone they would be net ~$20k profit (maybe more if they can pay less for the same job) and my friend would be either unemployed or less educated.

  53. Slave-wagers by ThatsNotPudding · · Score: 1

    This is all about (and always has been about) driving down the cost of US knowledge workers to immigrant levels.

    I wonder if the pennies on the dollar H-1B folk have un-forgiveable student loans in the five to six figure range?

  54. Charliemopps for U.S. Senate by Anonymous Coward · · Score: 0

    This guy gets it.

  55. Can you say by Anonymous Coward · · Score: 0

    do you want fries with that code?

    1. Re:Can you say by BonThomme · · Score: 1

      now you're making me want to interview for one of those ridiculous positions that demand all kinds of experience for 30K/yr just so I can use that line in an interview

  56. Because it represents huge losses for the US by Marrow · · Score: 1

    1. The foreign workers send their money home instead of spending here in this economy
    2. The foreign workers take what they learn here and send it home making us less competitive in the long run
    3. The education system here will continue to decline because we are boosting our productivity with foreign trained workers. It hides symptoms.
    4. The foreign workers now trained here can be sent back to their home where they can seed outsourcing more labor.

    Conservative used to mean "Stingy and Self-Sufficient". What does it mean now?

    1. Re:Because it represents huge losses for the US by LordLimecat · · Score: 1

      Thank you (and others) for giving good answers. I suppose a lot of it boils down to how you view the role and nature of government; all of this is good food for thought.

      Conservative used to mean "Stingy and Self-Sufficient". What does it mean now?

      Conservative means to me that generally I am against trying to fix all of the world's problems through government intervention.
      In this case, I viewed it as government intervention that actually perpetuates world problems (rather than allowing workers to freely enter and exit); but I think there are good points I had not considered regarding short-term status + long term damage.

    2. Re:Because it represents huge losses for the US by TheGratefulNet · · Score: 1

      and so you would prefer (as a so-called conservative) that government helps corps. I see. I understand.

      government helping regular people: bad

      government helping corps create lower wages and enrich themselves even more: good

      gotcha.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Because it represents huge losses for the US by shutdown+-p+now · · Score: 1

      Not all foreign workers do that, but only those that don't immigrate. So restrict the program to immigration only (and fine people if they start the process and then leave before it's over without any good reason).

  57. Talent must be documented and quantified... by Anonymous Coward · · Score: 0, Flamebait

    H1-Bs are the IT equivalent of on-shore sweat-shops only they're legal.

    I'm applying for an H1-B next year... with a salary around 140k I think there's a chance my sweat-shop will have air conditioning :)

    Seriously, I had the option of US, Canada, England, Germany, France or work from home. I picked the US well, at random, but also because I think it's a good career move (at least California is still pretty big in the IT industry).

    Am I specially talented? Maybe? I get good grades and there's probably a reason my starting salary is so nice...

    But I'm not an exceptional genius, and I'm not sure how I would go about documenting my skills..

    If immigration was harder I would bother with it... I got plenty of options.
     
    Am I a temporary worker? I don't know... If I manage to find a pretty girl, things could become fairly permanent.

    Oh, and don't worry about me nagging on your non-existent social services, if that was I career path I was considering I'd most certainly stay in Europe :)

    1. Re:Talent must be documented and quantified... by Ironhandx · · Score: 1

      You are the exception, not the rule. I've talked to people that are IN the sweat shops I'm talking about. The H1-B program does get a few folks like you in, but if your skills are that desirable there are other programs they can bring you into the US under. Specifically programs more focused on keeping you in the US.

  58. H1-B overly complex by TheSync · · Score: 2

    My wife is a software product manager. Her product development is split between the "tough stuff" and closely synchronized systems interfacing work done by American citizens, and the "easy stuff" which is mainly HTML and JavaScript web GUI stuff done by a large Indian consulting company. The Indian company (an investor in the product) keeps a project manager for their Indian folks in the US to coordinate on the product better, and the actual coders are in India.

    The Indian project manager has been in the US for years with his family (I suspect his kids feel as American as Indian). But his H1-B is around to run out. He and his family has to go back to India.

    But not to worry! The Indian consulting company is sending a new H1-B guy over for project management.

    My great-grandmother stepped off a ship with no skills, looked around for work, and then got citizenship after a few years. It is insane that we are bringing skilled folks (and their smart kids) into the US and kicking them out again.

    I've been involved in several incidents where immigration rules have messed with my industry. There was a German engineer who had to do the "go back to Germany" thing for a few years because of a screw up. I've seen Canadian tech people turned around at the border by immigration when going to fix a system in Detroit. This is not helping us.

    1. Re:H1-B overly complex by Anonymous Coward · · Score: 0

      The Indian PM willingly was employed in the US following H1B restrictions. He, nor the company is victim here; his family is victim of his naivety.

    2. Re:H1-B overly complex by TheSync · · Score: 1

      The Indian PM willingly was employed in the US following H1B restrictions. He, nor the company is victim here; his family is victim of his naivety.

      And Rosa Parks knew sitting in the front of the bus was against the law as well.

      Some laws are stupid. Our immigration law is stupid.

  59. Real reason: more Christians and less liberals by Anonymous Coward · · Score: 0

    Instead of dealing with libertarians, democrats and non-theists (most of the US universities makeup) those states rather import foreign Christians instead of accommodating the Americans and diluting their voter base.

    Just look who is proposing it: Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.), and Chris Coons (D-Del.)

    1. Re:Real reason: more Christians and less liberals by Anonymous Coward · · Score: 0

      Really dude? Is your head that far in the clouds? What percentage of H1-B workers do you think are Christians?

      We have Hindus and a few Buddhists from India, Buddhists and Athiests from China, nominal Catholics from Latin America (meaning, they might go to Mass on Christmas and Easter), Muslims from the middle east and parts of Africa. There are no doubt a few Christians mixed in, but to say H1-Bs are about bringing Christians in to offset the liberals is crazy talk. Oh yeah, and don't forget H1-Bs can't vote, not being US Citizens.

    2. Re:Real reason: more Christians and less liberals by Anonymous Coward · · Score: 0

      Yes, I meant Catholics. I've met plenty in Luisiana (working for energy sector). All recruited by Baptist missionaries. I don't know the scale of it but it's a good theory considering how conservatives operate.

  60. Re:Normally I would agree with keeping the limit l by TheSync · · Score: 1

    Most inflation-adjusted compensation over the last 10-15 years has been in nontaxed benefits, not wages, especially health insurance.

    Look at Nonfarm Business Sector: Real Compensation Per Hour (COMPRNFB).

  61. Two conditions by Todd+Knarr · · Score: 2

    How about we agree to that cap increase, but only if H1-B visas have two conditions attached:

    1. The visa is only valid as long as the applicant is employed. If he's unemployed for more than 30 days, the visa is no longer valid.

    2. The visa is granted to the employee, not the company, and goes with the employee if he accepts another job.

    Companies want to bring in foreign applicants because they can get them cheaper than hiring locally (otherwise, why go through the hassle?). Change the economic rules so they can't low-ball salaries without risking other companies poaching their employees with better offers and I'll bet H1-Bs become a lot less popular.

    1. Re:Two conditions by Anonymous Coward · · Score: 1

      #1 is actually a less harsh condition than we have today. If you're unemployed, you have to leave immediately. Which is clearly impractical.

      #2 would be a fantastic change.

    2. Re:Two conditions by Todd+Knarr · · Score: 1

      Yes, and that's why #1 exists: to insure that an employer can't fire an H1-B hire the moment they realize the guy's gotten a better offer. Under current rules they can do that and force the H1-B out of the country before he can accept and get the paperwork processed. The grace period makes that kind of shenanigans on the part of the current employer impossible.

  62. Why not auction them? by Ichijo · · Score: 1

    Instead of allowing the cap to rise automatically with demand, why not allow the price to rise automatically with demand? In other words, eliminate the "shortage" by selling the visas at auction. Then we'll find out which companies genuinely need those visas.

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    1. Re:Why not auction them? by Anonymous Coward · · Score: 0

      This is a good idea. One big question: how do you set the supply? Should it be at a point where the goverment gets maximum revenue?

      Really this program is because the powers that be hate intelligent, educated US citizens that do not conform to their norms/expectations.

  63. Re:The quality of H1Bs from India has fallen a lot by Anonymous Coward · · Score: 0

    This:

    "most of the good ones do not want to emigrate"

    When I was in India two years ago, I was speaking with people on the train that were living abroad (in western countries) and had come home to look at where they can live in India because (a) job prospects have improved (b) their family is there (c) the value of the USD is no longer what it was (d) there are new residential developments there so they can live in a modern community.

    All of above mean that not only is it harder to get top people from India out, but the better ones are going back.

    300,000 H1Bs? Dime a dozen now that they're so cheap, easy and worthless.

  64. Re:Normally I would agree with keeping the limit l by AK+Marc · · Score: 1

    But that's not how it works. I got three promotions in that time, and am making nearly twice what I was in 2006. And 3 newcomers started that are pay well below that, and that's how averages are done. A person gets much more than the average, as more people are joining at low levels or retiring from higher paying jobs, dragging the average down. In fact, it's mathematically possible that the average raise was 10%+ when the industry average wage increase was below 1%.

  65. That's not a work ethic. by jeko · · Score: 1

    That's desperation and a horror right up there with the "Saw" movies.

    We, as a people, in MY country, forced a young woman to work right into the grave. We might as well be Pharoahs running the blocks right over anyone who weakens and falls.

    Why is it we can give pharmaceutical giant Amgen 500 billion dollars for free in the cliff deal, but we can't find a way to let a helpless young woman die in peace?

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
  66. Re:A secret cabal - shhhhh by Anonymous Coward · · Score: 0

    The AMA does not control the supply of physicians in the US - Congress is in charge of that.

    Citation oh-so-needed. The licensing of physicians is a state matter, not federal.

  67. H1B here, top student, but no Green Card by Anonymous Coward · · Score: 0

    H1B here, posting as AC since I am afraid of getting identified in any way.

    Been in this country for 15 years. Engineer from top school in India. MS/PhD from top school in the USA. Working in a blue chip company for a six-figure salary.

    Can't get Green Card, No Sirrrrr! Stuck in EB-2 queue for years. EB-1 rules are too draconian, if followed to the letter.

    I absolutely love my job and have no plans of moving, but dread what will happen if I get laid off. Since I filed my Green Card application with my current company, I have ZERO movability (if I switch jobs, my green card application will get tossed). If I want to found a startup, zero chance of that happening.

    This country does not want really skillful immigrants to get a Green Card. It wants them stuck in their respective company jobs. Which suits the companies very well.

  68. Protip by Black+Jack+Hyde · · Score: 1

    If you're getting crushed by competition in your job field from H1B workers, it's time to find a new field or to start your own business. You're not going to beat back a tide of cheap labor that's backed by Congress and multiple law firms specializing in getting those workers into American jobs.

  69. Yeah, that's informative by Anonymous Coward · · Score: 0

    Dat Repubwikin took mah jerb!

    You voted for it. Now suck on it.

  70. Re:A secret cabal - shhhhh by AF_Cheddar_Head · · Score: 1

    If tech workers would quit thinking they are all above average and form a union you can bet your ass the wages would rise and working conditions rise.

    Imagine if your IT department went on strike. Try hiring a bunch of scabs that could quickly come up to speed on the existing architecture without the assistance of incumbent staff.

    Yeah your smart and could support your own desktop but what about the router, switches, VOIP call manager and various other appliances that make the network work. Who do you call when the ISP has a connection problem, who is your ISP?

    Same goes for System Architecture type guys, unionize and get yourselves some bargaining power. But NO you all think you are special and better than average. Try to remember half are above the mean and half are below.

  71. or... by schlachter · · Score: 1

    you will be given a management job...to interface with foreign customers.

    --
    My God can beat up your God. Just kidding...don't take offense. I know there's no God.
  72. Re:Normally I would agree with keeping the limit l by KlomDark · · Score: 1

    I think you're right. I used to be quite against the idea of any kind of IT association was a bad idea, but that was when I was young and dumb and hadn't realized how badly the deck was stacked against us.

  73. Re:Normally I would agree with keeping the limit l by AF_Cheddar_Head · · Score: 1

    Actually if as the H1B advocates claim is true: There is a shortage of qualified IT workers

    Then: According to the law of supply and demand the salary for the same position should rise faster than inflation.

    If there is a shortage of workers and the salaries do not increase faster than inflation something is depressing wages.

    Think it might be H1B workers?

  74. Re:A secret cabal - shhhhh by timeOday · · Score: 1

    You seem to think that there is some secret cabal who controls wages for tech workers... Tech workers aren't more special than anyone else and there is no small group that controls their wages.

    Are we even reading the same article? The H1-B legislation and its backers are nothing but a cabal to manipulate the wages of tech workers, by targeting them with specific regulation to increase the supply of talent so wages don't get out of hand. It doesn't even purport to be anything else.

  75. job needed by Anonymous Coward · · Score: 0

    Unix Tactical Tech Architect / System Admin Sr / San Storage Network Deployment

                  Took time off in 2005 and wanted to go back to work in 2007 Vacation of a life time...

                    Worked 2 months as a consultant on a server room migration project killed/delayed by unreasonable goals.

                      Found work hard to find.

                      Bought a bar and have been running it to keep food on table. ( one plate only ) PS: I average 3 drinks per week....
                      A great education in many useful skills, but not a money maker.

                      Pro: I have good experience.
                                    A four year degree and reasonable salary expectations.
                                    H1-B wages are still okay !
                                    I will relocate, not tied to a location.

                        Bad: I was once charged (NOT CONVICTED) with a felony ( spanked my son for repeatedly stealing and running around all night as a 13 year old)
                                        I am looking for a place that has clue about what they are doing with IT.
                                        There will be a moving delay while I closeout the business.

    Hire an American before a H1-B visa candidate.

    I can get more done in 40 hours and make it look easy than a H1-B worker that looks busy for 75 hours a week

    Contact me on Monster

  76. Race to the bottom by bl968 · · Score: 1

    Translation: "we want to allow the outsourcing of 300,000 American Jobs as an insidious tool to force down wages for skilled labor in America." It's the race to the bottom. There's no shortage of trained IT people in America, there is a lack of desire by these companies to pay the wages and benefits required to hire them.

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
  77. Advanced Degree H1B Visa Create More Jobs by Anonymous Coward · · Score: 0

    Why do you think the service industry went to India in the last decade. Sure its cheaper, but companies couldn't important enough talent. So they went to where the talent was and was cheaper: India & China.

    I remember 5 years ago someone did study and equated that each H1B visa resulted in anywhere from 2.5-3 new jobs in the US. Also the US has the lowest average age among industrialized, first world nations. Its because we have a robust immigration policy.

    If you cannot get a job, become more competitive. Don't complain and be a negative nancy and hold back the rest of the country.

  78. other govermnets have more trades based education by Joe_Dragon · · Score: 1

    other govermnets have more trades based education as well.

  79. IT should not need 4+ year degree with skill gaps by Joe_Dragon · · Score: 1

    IT should not need 4+ year degree with skill gaps it needs more tech and trades schools.

  80. Who really wants to move to Missisippi? by Anonymous Coward · · Score: 0

    It's simple really. Those states are not very hip and they have a hard time to retain American telent. The talent is there but the company would most likely have to relocate..to a blue state. The solution...H-1B.

  81. Tie the cap to the wages by onyxruby · · Score: 1

    Want to get real about this and show this isn't just the same old story of employers refusing to pay living wages to Americans and paying a pittance to people who come over her on H1B?

    Tie the cap to wages and benefits that are being earned for each given field. If there is truly a shortage of 'database administrators' than the average pay of 'database administrators' will have risen as the market worked it's magic. For every 10% they want to raise the H1B visa rate they need show that the market has raised the average pay of a certain job by 10%.

    Let the market do it's work, quite outsourcing the kinds of jobs that government is in every other scenario /desperate/ to create and let those who want to come here come here.

    One more thing, if the best an brightest want to become true immigrants and not simply take our jobs we should encourage that. Make a fast track to citizenship that is tied with the H1B. Allow someone on H1B to fastrack the citizenship process and then terminate the visa of anyone that doesn't earn their citizenship within that given amount of time. Now instead of having 'foreigners' taking jobs, we have the best and brightest becoming Americans and having a personal vested interest that they otherwise would never have.

  82. Ditch H1B... by Anonymous Coward · · Score: 0

    ... provide skilled workers a pathway to citizenship instead. And while we're at it, let's increase the efficiency of our immigration system. I call that "leveling the playing field".

    I work for a fortune 500 company. 65% of my department's IT force is contract labor, mostly from India. Our full-time programmers do very little actual programming. This is not a question of lacking talent, it's a question of how our budgetary expenses are divided and shared in this huge company. We are a resource, regardless of our citizen status, but as citizens we do not have a competitive advantage because the bottom line is, well, the bottom line.

  83. it would be consistent... by Anonymous Coward · · Score: 0

    Consider:

    • President Obama and a number of Democrat senators are demanding a debt limit (the limit on the nation's borrowing authority) that rises with demand too.... it wasn't much of a limit to begin with given that both parties have always raised it (with just a bit of rhetoric about how irresponsible all the borrowing is) each time.
    • The congress (bi-partisan) increased the "limit" on the length of copyright when their funders in hollywood demanded it.
    • Even on matters like immigration where there are legal limits, they just look the other way and do not enforce the laws ... in-effect creating a cap that rises with demand.

    NONE of these things are limits.... and all are dishonest by design; The politicians put in a limit (so they can tell some of the voters there is a responsible limitation) but then they violate the limit (so they can deliver something some other block of voters wants). This is no accident. It's planned and it's cynical and it will keep happening as long as the majority of the voters tolerate it. The politicians think the public are to stupid to figure it out and at least for far... they are.

  84. We're a nation of immigraints? by Anonymous Coward · · Score: 0

    "We're a nation of immigrants" ???

    Isn't every country in the world? Except maybe Ethiopia?

  85. The negative one act? by colinrichardday · · Score: 1

    Does anyone in Congress know what i squared is?

  86. Re:IT should not need 4+ year degree with skill ga by mabhatter654 · · Score: 1

    And those are in India... Here the H1-b workers come from. They don't have to pad half their education with expensive non-core classes to make the Colleges feel happy.

  87. subject by Legion303 · · Score: 1

    Well of course. There is a huge lack of American workers who have 10 years of Windows 8 experience, for instance. I'd use visa workers too.

  88. H1B by voxner · · Score: 2

    H1B drives foreign student enrollment in STEM in American Universities. In mid-tier schools like SUNY Buffalo most of the professors, graduate students in Computer science are foreign. You can spot an occasional American, but the graduate/research programs are more or less sustained by foreigners. Take away H1B and the students & some of the professors will be gone, the money (either from the foreigners or from the NSF) will dry up and the whole program will just collapse. I don't see how that can be good.

    The Princetons & Harvards may not face the problem, but a lot of non-ivy league schools will. H1B sustains an entire academic ecosystem in the U.S. Any reform of the program should consider this aspect for there are entrenched interests in sustaining the status quo.

  89. CALL YOUR REPRESENTATIVE AND by Tablizer · · Score: 1

    Tell them to shove this bill. Even though the actual representative won't answer the phone, a clerk likely will, and will tally your concern. It doesn't always work, but it does often enough.

  90. New spirit of bipartisanship? by Lord+Kano · · Score: 2

    I preferred it when the Democrats and Republicans in congress were too busy fighting with each other to fuck with my income.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  91. Orrin Hatch by Anonymous Coward · · Score: 0

    Anything this guy touches I automatically reject. 300,000? What kind of cap is 300,000? Who is old Hatch working for today? Usually its Disney, or the RIAA/MPAA, but I guess whoever gives him ca$h.

  92. A matter of where you are born by tlambert · · Score: 1

    Its not really debateable that if you allow historically lower-paid individuals to enter a higher-salaried job market, the average salary will fall. One would expect it to reach a middle ground somewhere.

    But Im not understanding why we should prevent that scenario, so that we might make more money and they less, simply by merit of where everyone happened to be born.

    I think it's more to do with where the businesses are started and run. Information Technology businesses tend to start and thrive in the US due to the regulatory environment. The US has a better environment for these businesses to be started and run than other countries, and so they are started and run in the US.

    Regulations in this sense include enforcing all laws without favoritism, and government offices being responsive and egalitarian, again without favoritism.

    In terms of difficulty of starting any kind of business, it's easier in the US than in almost any other place in the world, save 3. The US ranks #4 in the world out of 185 countries, and, for example, India is down at #133; that means that India is in the bottom 30% of countries A lot of this has to do with graft and corruption in business processes there -- which is why Russia, a fairly modern country with demonstrable software talent, is down at #112. See: http://en.wikipedia.org/wiki/Ease_of_doing_business_index

    The jobs are in the US because the businesses are in the US.

    I think it is therefore less where you are born, than locations where people are willing to keep their government under control, rather than allowing their government to control them.

    One of the arguments against granting H1B visas for economic reasons, rather than true lack of locally qualified workers is the general feeling that the economic refugees from poor business climates should perhaps be home making their local business climate better.

    1. Re:A matter of where you are born by bingoUV · · Score: 1

      Ok, so what can be said about import of labour can be said about export of goods and services. Are you making a case for other countries setting up import duty walls for goods and services from the US, including subsidized American agricultural goods ? The US has historically fought this tooth and nail, it has no moral standing being "protective" now about labour.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
  93. So this is insourcing? by Anonymous Coward · · Score: 0

    So this is insourcing? I guess that's a good way to drive everyone's wages down locally without the security, export restrictions, and tax problems of outsourcing.

  94. Terminal by phorm · · Score: 1

    One wonders if it was "terminal" or just "terminal on the medical plan I have and what I can afford"

  95. Sounds good by phorm · · Score: 1

    This sounds like a good thing to me.
    If you have an H1B holder convert to a GC holder/Citizen, then you're (generally) adding a productive citizen who is familiar with the laws/environment and has useful work experience.
    Sounds a lot better than letting somebody in on a resident permit only to find that their skills/experience are only useful in allowing them to work as a cab driver or in a fast-food joint. This seems to happen a lot in Canada as in the big cities a log of places prefer immigrants (more power, easier to control, less knowledge of labor laws), illegals (work under the table for less), etc, and those skill jobs that do hire at market rate prefer locals (more local knowledge of culture, better english, etc). You end up with people coming in as "skilled workers" but then not being able to find a job that makes use of said skills, or at least not for several years.

  96. Yankies go home by Anonymous Coward · · Score: 0

    If only Americans would stay in their own country too..

  97. No H1-Bs, only green cards by boddhisatva · · Score: 1

    I firmly believe that a good portion of the H1-B positions in this country are fillable by people too skilled, too experienced or - virtually the same thing, too expensive. If we actually need someone with a skill from another country, we're going to bring them over here, give them on-the-job-training and experience, then give them a green card, let them become citizens and stay here as part of the American work force. The "I can't find anyone here to do the job" requirement is a joke. No one in required to prove anything of the sort. Work in Engineering for 30 years and then try to find a new job. ER hiring standards are not based on anything even close to factual evidence. It is pure prejudice.

  98. perspective of a former H1B by Anonymous Coward · · Score: 0

    I came to this country as an immigrant on an H1B. Now have a Green Card... so I have a bit of personal knowledge.

    While a small minority of people have skills that may not be available in the country (scientists, doctors, engineers) , it is MASSIVELY abused by companies to recruit low wage IT workers. I have no doubt in my mind. Most of these H1Bs do not have any special skill... that a citizen cannot learn on their own... given training by their employers... or hard work on their own.

    I myself had a masters degree in computer science, but I was horrified at how some of my fellow countrymen I met here ... as they seemed .... .... insufficiently educated / skilled. A lot of them can barely speak english or write coherently. It was shocking to me, coz most of my classmates in my masters program were so much better that I have wondered where they get these people. I feel there must be some kinda of criteria before handing someone an H1B. .. like a standardized test or something. Perhaps there should be a different category for IT workers. And these should be rare - say 25,000 per year. No more.

    I feel the solution to the immigration problem is as follows:
    Any foreign student who completes their Masters in science, math, engineering etc should be given a green card along with their degrees .. provided they get a minimum GPA.
    Any foreign student who successfully completes their PhD should be given a green card along with their degrees if they want it.
    Any foreign worker in the IT should provide a certificate proving they have an engineering degree or a masters degree in Math, science or computer science before they are given an H1B.
    Once they get an H1B and work here for 2+ years, they should be free to start their application for green card on their own (independent of their employers if they chose to). At the end of 5 years, if they have worked consistently and have shown they are productive members of the society and can contribute the american society, should be able to get a green card.
    Any foreign student who successfully completes their MBA should be given an H1B automatically with their degrees with the expectation that if they accrue 5+ year of experience here in the USA, they would get a green card if they can show they are productive members of the society and can contribute the american society .

    Once immigrants become citizens, only their wife and children should be able to get on come over. Their parents, siblings, in-laws etc should NOT be able to use their newly minted citizenship to transfer a truck load of non-productive siblings, in-laws etc. Their parents / in-laws could be allowed a green card after the original recipient completes 10 years of citizenship. Till that time, the parents should be able to visit on visitor visa as anybody else. But the parents should not be able to bring over additional children (who may or may not be deadbeats in their own country) using this new citizenship.

    my 2 cents
    anon

  99. Yeah. A similar point by Marshall Brain by Paul+Fernhout · · Score: 1

    http://marshallbrain.com/robotic-freedom.htm "With most of the rank and file employees replaced by robots and eliminated from the payroll, all of the money flowing into a large corporation has only one place to go -- upward toward the executives and shareholders. The concentration of wealth will be dramatic when robots arrive."

    Some solutions I've cataloged: http://www.pdfernhout.net/beyond-a-jobless-recovery-knol.html
    The most obvious is a "basic income" like they have some of in Alaska with the Alaskan Permanet Fund: http://www.basicincome.org/bien/aboutbasicincome.html
    http://en.wikipedia.org/wiki/Alaska_Permanent_Fund

    It's kind of surprising how much politicians think they can get away with now in the USA. There is still massive unemployment and they think they can push through legislation like this. Why not instead, say, just mandate that all US companies be willing to pay for two months of employee training a year, to level the economic playing field and promote the growth of the US workforce? And also mandate vacation time as well?
    http://www.salon.com/2010/08/25/german_usa_working_life_ext2010/
    ""Were You Born on the Wrong Continent?": America's misguided culture of overwork ... Germany's workers have higher productivity, shorter hours and greater quality of life. How did we get it so wrong?"

    Personally though, I'm all for throwing open the borders. The issue is making H1Bs second-class citizens. If you want to import workers, make them citizens when they step off the boat. And give everyone a basic income. It's an experiment, but its hard to imagine doing much worse than what we have.

    What ever happend to "Give me your tired, your poor, your huddled masses yearning to breathe free"? Why not ake the USA into the "Australia Project" Marshall Brain wrote about in Manna?
    http://marshallbrain.com/manna1.htm

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  100. H1Bs replaced contractors & oldsters first by Paul+Fernhout · · Score: 1

    It used to be decades ago that when a US company really needed people without making a commitment to training, they would hire US citizen contractors earnign about 2X to 3X the prevailing wage (beyond overhead). The tradeoff was you had less job security as a contractor, got no training which meant skills could go obsolete, and had little time for chit chat. So, contractors are really what H1Bs have replaced more than employees.

    Another casualty has been the older employee, who was previously either employed at higher wages or became the contractor, rather than in general a pervasive age discrimination that has emerged in the IT field (and hiring of young H1Bs is a generally ignored part of that). Related:
    http://tech.slashdot.org/story/11/12/03/1435217/half-life-of-a-tech-worker-15-years
    http://developers.slashdot.org/story/12/11/18/142222/its-hard-for-techies-over-40-to-stay-relevant-says-sap-lab-director
    http://tech.slashdot.org/story/12/11/28/017239/silicon-valleys-dirty-little-secret-age-bias

    As Cringely points out:
    http://news.slashdot.org/story/12/10/26/1837214/cringley-h-1b-visa-abuse-limits-wages-and-steals-us-jobs
    "It's not hard to suppose from this information that an influx of H-1B workers representing an average 20 percent of the local technical work force (those 500,000 H-1Bs against a 2.5 million body labor pool) would push down local wages. There's plenty of anecdotal evidence that it does, too, but most of the more rigorous academic studies don't show this because there is no easily available data."

    At the upper limit, at 300,000 H1Bs a year, in seven years the US IT workforce would be entirely foreign with 2.1 million more H1Bs plus 500,000 already. So much for national security. If we do need that many technical immigrants in the USA, at least make them citizens when they arrive so it is more fair for everyone. And then the USA can still tax them when they move out of the country like the US government would if my family moved abroad to lower our living expenses. :-)

    As a consequence of H1Bs (and some other trends to be fair, including stuff H. Ross Perot and EDS lobbied for to make it harder to be an independent contractor, and also the rise in people calling themselves programmers), the contractor market in most IT has nosedived over the past two decades. Driving down regular wages and working conditions is just an extra bonus for companies, given now they can get contractors for employee rates and not have to train them or make any commitments to them (including working conditions like office space, assistants, vacation, personal time, and so on). As a domino effect, things have gotten worse for regular professional employees. Just watch some old movies of office life like "Desk Set" to see what many larger corporations used to be like as far as professional employees having more personal and social space at work -- while still leaving their job at the office at 5pm. Some few companies are somewhat exceptions these days, like Google or SAS, but not many. Still, there are other trends as well, so H1Bs can't be blamed for all of that -- they are just part of it. So, while it used to be that being a contractor meant you got paid much better; now the employee position tends to be better compensated overall. Some of that history used to be in comments on Janet Ruhl's "Real Rates" site archive as one place where I watched it all slowly play out over the last two decades, but unfortunately the site had technical problems and most posts disappeared:
    htt

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  101. rich getting rich by NewYork · · Score: 1

    No, this is crony capitalism

    I think it is Oligarchy.

    I believe work visa and outsourced projects must be pegged to Human rights/Caste system in CHINDIA.
    http://www.rediff.com/business/slide-show/slide-show-1-tech-apple-workers-forced-to-sign-no-suicide-pledge/20110504.htm
    http://news.rediff.com/report/2009/sep/29/un-says-indias-Caste-system-a-human-rights-abuse.htm

    Otherwise it's "rich getting rich"
    http://www.businessinsider.com/profits-versus-wages
     

  102. H1B is exploitation by Anonymous Coward · · Score: 0

    I could never understand how its even constitutional to create a second class of indentured workers with limited civil rights. I can see how big companies love to have workers who will do anything just to stay emplyed in the hopes of getting a green card.

    If we need people, we should be granting citizenship. No slaves. Plus it will be hilarious when the new citizens start asking for a better salary too.

  103. For Sale by PrimeNumber · · Score: 1

    Go to OpenSecrets.org, find each candidate, select 2012, select the industry tab, then the "Campaign Cmte & Leadership PAC Combined" option. Note the combined Computers/Internet amounts.

    Orrin Hatch
    $290,200

    Amy Klobuchar
    $148,879

    Marco Rubio
    $129,157

    Chris Coons
    $67,950
     
    They are all whores, doing the bidding of their masters. But it should be no surprise to readers of Slashdot, that if Orrin Hatch likes it -- you probably won't.

  104. Forming a union indicates a failure to communicate by sjbe · · Score: 1

    If tech workers would quit thinking they are all above average and form a union you can bet your ass the wages would rise and working conditions rise.

    A better option is to work with and, if necessary, become management. You form a union when you have no realistic opportunity for employment elsewhere and conditions are truly unfair and a danger to your well being. While there are companies out there that treat their IT employees badly, there is plenty of data that indicates jobs in IT are plentiful and mostly they are treated pretty well. My sister actually works for an IT staffing firm and they have no lack of job opportunities available. There are times when forming a union is appropriate behavior (some companies really are kind of evil) but that is very much the exception in IT. I have never seen a situation in IT where a union would have improved the prospects of the company or the people who worked there in the long run.

    Imagine if your IT department went on strike. Try hiring a bunch of scabs that could quickly come up to speed on the existing architecture without the assistance of incumbent staff.

    I have an IT department. If my IT department went on strike I would see to it that they would no longer be employed at my company as soon as it could be managed. Why? Iif they have a grievance I expect them to talk to me first about it. If it is a reasonable request and I can do something about it I will. If I cannot accommodate their request there is probably a good reason and going on strike will not change that reason. Most IT workers are paid well, work reasonable if sometimes demanding hours, and have a decent working environment. I invite any IT worker who thinks his work environment is terrible to work in a steel mill or in a coal mine for a week. Forming a union basically is an admission by employees (and indirectly by management) that they are not willing or able to communicate and negotiate in good faith.

  105. Limiting H1Bs does not eliminate wage compeition by sjbe · · Score: 1

    Oh come on! You're wearing a blindfold man!

    I assure you I am not. I run a manufacturing company and about 10% of my work force at any given time has green cards or work visas. Professionally I am a degreed engineer and also a certified accountant.

    Corporations are NOT hiring the "best talent they can get" unless you expand the phrase with "for jr level wages"

    You aren't quite there. The full phrasing would be "the best talent they can get given the financial situation of the company". In case you had forgotten the point of a corporation is to make money, not to produce the prettiest code. Competitive forces necessarily mean that companies will attempt to get the necessary work done for the least cost.

    The skill level needed to accomplish a task has to be balanced against the financial constraints and often the highest quality of work possible costs more than the quality of work that is necessary. In IT work the largest cost typically is labor. You can reduce labor costs by reducing headcount or by hiring individuals willing to work for lower wages. If local workers are unwilling or unable to work for competitive wages then either companies have to relocate where the talent is (offshoring) or bring in talent from abroad (consultants or foreign workers on visas). Either way, workers are potentially in competition with a wider labor pool than those who happened to be born within the boundaries of the USA.

    So does this really fit in with your charactorization about corps just trying to hire the best darn talent they can, and gosh darn it those dumb Americans just cant meet our needs!

    I don't think Americans are dumb at all. Quite the opposite in fact. However I've been to China and they have 4X the people we do in the US. Think there might be a few smart ones over there? Think they might usefully contribute to the US economy if we can persuade them to work here? If you want people who aren't just "junior level" talent, you have to look for that talent wherever it might be and sometimes the best people for a particular position are not people who happened to be born in the USA.

    Let me put this issue into some sort of perspective. The number of H1B visas issued is around 120,000 annually. The size of the US labor force is roughly 150 million people. That means the number of H1B visas amounts to less than 0.1% (one tenth of one percent) of the overall workforce. Even acknowledging the fact that H1B visa holders work disproportionately in IT this furor over H1B visas is incredibly overblown. Even tripling the number of H1B visas would have a most a modest effect on wages and employment of US workers. The risk to IT workers to wage competition with foreign talent is not at all mitigated by reducing the number of H1B visas. All that does is force companies to send the work elsewhere to be done at the lowest cost.

  106. Re:Forming a union indicates a failure to communic by AF_Cheddar_Head · · Score: 1

    Who decides if it is a reasonable request?

    What if you can negotiate a lower fee for the company to move to a different but less well managed 401k program, I know my company moved, if we had a union stuff like that would negotiated. Company got bought, several guys in IT lost benefits, again a union might have been beneficial. The company posted record profits right before the buyout so the loss of benefits wasn't due to the economy, oh wait it was because jobs were scarce elsewhere.

    Forming a union is not an admission of the workers not being willing to communicate but a relization that without a union management has all the power and has been abusing it. It usually takes several decades of abuse before workers wise up to form union.

  107. Communication by sjbe · · Score: 1

    Who decides if it is a reasonable request?

    Ultimately management does, whether or not a union exists. That's not to imply that management is always right (they demonstrably aren't) but any action ultimately needs management to approve it.

    What if you can negotiate a lower fee for the company to move to a different but less well managed 401k program, I know my company moved, if we had a union stuff like that would negotiated.

    A union is not needed to negotiate that sort of thing. Merely sufficiently interested and motivated employees who are willing to walk away if it is sufficiently important to them. You (probably) don't actually need to form a union, merely talk among yourselves and then go talk with management regarding what you want. The only real thing a union can do is to go on strike which is basically a threat to the existence of the company. The problem had better be rather severe for that to be a reasonable step. (sometimes a strike is an unfortunately necessary action) A union is pretty much regarded as something close to a suicide bomber by management. Unions threaten to take the company down unless management gives in to their demands. While I won't argue its effectiveness, negotiation through ultimatums is not a tactic that will win hearts and minds.

    Bear in mind that when you request the company to pay additional costs on your behalf you are asking the owners of the company to take money out of their pocket and put it in yours. It's ok to do that but put yourself in their shoes for a second and consider your request. Is this something they can afford? What is the full cost to the company and its owners? Does this hurt the company's competitive position? How important is this request really? etc. If the workers really are getting an unfair deal then it is time to negotiate. Bear in mind that unless you have a BATNA, you can live with then you are not in a strong negotiating position.

    Forming a union is not an admission of the workers not being willing to communicate but a relization that without a union management has all the power and has been abusing it.

    Re-read what I wrote. I said "willing or able". Often workers are willing to communicate but are ineffective in doing so. (the reverse is true as well, often management is seriously lacking in communication ability) I've worked with many unions and quite a few are unwilling to negotiate in good faith with management. I've seen union contracts where someone can show up for work drunk multiple time before they can be terminated. Many unions make it virtually impossible to get rid of genuinely bad employees - see this flowchart for the steps required to terminate a bad teacher in New York. Unions tend to quickly change from protecting worker rights to extortion rackets. (nice company you have there - shame to see anything bad happen to it...) Management almost never has "all the power" because most employment is at-will. You can leave anytime you want for any reason or even no reason at all. And frankly if working conditions really are so bad that a union seems like a genuinely good idea, do you really want to stay there any longer than you have to?