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Skilled Foreign Workers Treated as Indentured Servants

theodp writes: A year-long investigation by NBC Bay Area's Investigative Unit and The Center for Investigative Reporting (CIR) raises questions about the H-1B visa program. In a five-part story that includes a mini-graphic novel called Techsploitation, CIR describes how the system rewards job brokers who steal wages and entrap Indian tech workers in the U.S., including the awarding of half a billion dollars in Federal tech contracts to those with labor violations. "Shackling workers to their jobs," CIR found after interviewing workers and reviewing government agency and court documents, "is such an entrenched business practice that it has even spread to U.S. nationals. This bullying persists at the bottom of a complex system that supplies workers to some of America's richest and most successful companies, such as Cisco Systems Inc., Verizon and Apple Inc."

In a presumably unrelated move, the U.S. changed its H-1B record retention policy last week, declaring that records used for labor certification, whether in paper or electronic, "are temporary records and subject to destruction" after five years under the new policy. "There was no explanation for the change, and it is perplexing to researchers," reports Computerworld. "The records under threat are called Labor Condition Applications (LCA), which identify the H-1B employer, worksite, the prevailing wage, and the wage paid to the worker." Lindsay Lowell, director of policy studies at the Institute for the Study of International Migration at Georgetown University, added: "It undermines our ability to evaluate what the government does and, in today's world, retaining electronic records like the LCA is next to costless [a full year's LCA data is less than 1 GB]." President Obama, by the way, is expected to use his executive authority to expand the H-1B program after the midterm elections.

11 of 284 comments (clear)

  1. Was pretty obvious by Lunix+Nutcase · · Score: 5, Insightful

    Is anyone even remotely surprised by this?

    1. Re:Was pretty obvious by Old97 · · Score: 5, Insightful

      Before him it was the Bush Administration. Before Bush it was Clinton. Minions of the ruling class always do their bidding regardless of major party affiliation.

      --
      Very often, people confuse simple with simplistic. The nuance is lost on most. - Clement Mok
    2. Re:Was pretty obvious by roc97007 · · Score: 5, Insightful

      Before him it was the Bush Administration. Before Bush it was Clinton. Minions of the ruling class always do their bidding regardless of major party affiliation.

      Exactly. Let's not get wrapped up in partisanship. It's wrong when either side does it, and both sides have.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    3. Re:Was pretty obvious by NotDrWho · · Score: 5, Insightful

      It's been pretty clear for a very long time now that the entire H1B program has become nothing more than a legal indentured slavery program for U.S. corporations, one that is intended to artificially lower U.S. worker wages and exploit cheap foreign labor without the stigma of "offshoring." This whole pathetic "STEM labor shortage" charade that the big-corps and the U.S. government are colluding on is one of the saddest dog-and-pony shows in U.S. labor history. A lot of degreed programmers can't even get a decent job anymore that pays even a living wage, and still Mark Zuckerberg et. al. are running to Congress crying "We can't get any American workers anymore, give us more H1B's!!!"

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    4. Re:Was pretty obvious by Anonymous Coward · · Score: 5, Insightful

      Technically what EFI did was wrong. But really it wasn't as egregious for the reasons some make it out to be. The workers were brought in for a few weeks to help with a data center move, probably put up in hotels and lived on expense accounts. Were they really "immigrant laborers"? Or just earning their same salary but working temporarily at a different company location?

      Yes, this exactly! I am tired of local authorities telling me that my slaves are illegal in this country. They are beaten daily, fed and raped in accordance with local statutes in the country in which they were enslaved.

  2. Re:But, but, teh STEM talents!!! by Anonymous Coward · · Score: 5, Insightful

    They do. The talent is accepting slave wages.

  3. seems to me by Anonymous Coward · · Score: 5, Interesting

    The best thing to do is replace the H-1B visas that are tied to a specific employer and make them a general limited time employment visa.
    If the employers say there's a specific need for more workers in a field then the govt can grant a few more of the new visas to those wishing to travel to the US.
    This would mean employers would be have to pay the going wage to the newcomers, albeit with the downward pressures on pay that would come from an increased worker pool.
    I could be crazy tho.

    NOTE: All of the above is the view of a simple rustic Northern Irishman with no desire to move to the US. Well, mebbe somewhere with snowboarding. Seriously, I live farther north than Vancouver for fuck sake, but all winter is just rain and wind. An no. I'm not going to Scotland. Our whiskey is better. If i wanted to drink bog water i'd just drink bog water.

  4. Abuses on all sides by tompaulco · · Score: 5, Insightful

    There are abuses on all sides of this program. Just end it. The tech worker shortage is a lie. This is no longer about cherry picking the best and brightest scientific minds. It has become a system of replacing local workers with lower cost indentured servants.

    --
    If you are not allowed to question your government then the government has answered your question.
  5. the bottom dregs for the cloistered elite. by nimbius · · Score: 5, Insightful

    Companies like Verizon, Cisco, HP, and Walmart contract employment because direct-hire is nearly impossible. These companies insist you work in armpits like Bentonville Arkansas or Decalb Georgia so your salary can be shuffled down the chain to 40 grand a year not under the implication that your services are worthless, but under the assertion that the "cost of living" is so inexpensive you shouldnt need a respectable wage. American workers caught on to this shifty crap pretty quickly and now in the race to pedal labor in general into the earth, contract companies are picking up the slack. Cognizent and Infosys are two companies that actively avoid american labour capable of contesting wage theft and frivolous litigation in court. They avoid it by specifying explicitly the requirement for an H1B in order to incense foreign workers to apply. If you receive a call as an american, its generally from a roaring indian callcenter with poor diction and once your salary comes up, the call ends.

    H1B is the new slave-ship, and because corporations control the general direction of american government, it isnt likely the H1B process will get any more reasonable.

    --
    Good people go to bed earlier.
    1. Re:the bottom dregs for the cloistered elite. by clintp · · Score: 5, Insightful

      Slightly offtopic...

      These companies insist you work in armpits like Bentonville Arkansas or Decalb Georgia so your salary can be shuffled down the chain to 40 grand a year not under the implication that your services are worthless, but under the assertion that the "cost of living" is so inexpensive you shouldnt need a respectable wage.

      As a midwesterner, I'd like to tell you firmly to go fuck yourself ... but also I'm far too polite to do that.

      Instead maybe realize that wage costs are only part of having your business in the "armpits" -- and a pretty small one at that. Real estate, utilities, shipping, taxes, buildout costs, and a lot of other factors make flyover states a financially beneficial place to locate a business. With tech jobs there's no geographical need to pick a particular location other than space, power and bandwidth -- and those can be bought. Why not go cheap?

      --
      Get off my lawn.
    2. Re:the bottom dregs for the cloistered elite. by t0rkm3 · · Score: 5, Interesting

      Hmmm... from my salary, which is about 15% off of what the average InfoSec guy with 20yrs of great experience can draw in the Bay area. I wonder at your supposition. In fact, I may spend the day wandering around my 75acres of well wooded land, or perhaps I'll ponder while I watch the soybean farmer that leases the other 75 acres is doing, or perhaps while I wander about my 4600 sqft home...

      I lived in SoCal for 10 yrs. My wife is from the West Coast. I make a good living, and live a good life. Every now and then I get a nice offer from some west coast or other company to move and take up the urban life style. We consider it, and then pass. You can't trade knowing the people in your farmer's market by name, having conversations with the local coffee shop about roasting methods over a cigar and whiskey, all while enjoying an evening in which the background noise lacks cars but more than makes up for it with owls, crickets, cicadas, whipoorwills, doves, and all manner of other creatures.

      When we want to go to the city... We drive and stay a week, or a weekend. We figure that the money we save on the home (my payments on a 30 yr note on the above property are just above 1100/mo insurance and tax included) and the time on the commute can be used on mini-vacations to the city.

      There are things that we miss (an excellent dance school) but not a lot. We have a tutor that teaches my children Mandarin, and piano. They swim at the Y a few times a week, play indoor soccer on weekends. My wife acts in the local theatre companies (one of which is one of the longest continuously running theatre companies in the country). I can still go to the local gaming store and hang out with comic book nerds...

      So... If you're pissed about the wage depression, you should probably look at a different profession, or another circumstance. From here, in Cali or any where else, I've never had a problem getting a good wage for the job that I do, nor have I had a problem getting offers for a damn good wage to live in the Bay, or Denver, or San Diego.

      All of the above aside... The H1-B program is designed for abuse. It was designed by politicians. It falls under the same type of shit that had all computer workers classified as management/professionals to prevent hourly pay and/or overtime. The above was to point out that if you look somewhere other than the Bay, you can still build new stuff, and have a much better life. The Bay area is a technological sweatshop. Leave. When you leave, take your skills and desire to build with you. Make some other place in the country a great place to innovate. Austin is great, and not a terrible city (esp compared to the West Coast), Houston isn't bad either, lots of great places to live. When you build your customer base, move to a smaller town and enjoy your life, you only get one shot.