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Disney Replaces Longtime IT Staff With H-1B Workers

Lucas123 writes: Disney CEO Bob Iger is one of eight co-chairs of the Partnership for a New American Economy, a leading group advocating for an increase in the H-1B visa cap. Last Friday, the partnership was a sponsor of an H-1B briefing at the U.S. Capitol for congressional staffers. The briefing was closed to the press. One of the briefing documents obtained after the meeting stated, "H-1B workers complement — instead of displace — U.S. Workers." Last October, however, Disney laid off at least 135 IT staff (though employees say it was hundreds more), many of them longtime workers. Disney then replaced them with H-1B contractors that company said could better "focus on future innovation and new capabilities." The fired workers believe the primary motivation behind Disney's action was cost-cutting. "Some of these folks were literally flown in the day before to take over the exact same job I was doing," one former employee said. Disney officials promised new job opportunities as a result of the restructuring, but the former staff interviewed by Computerworld said they knew of few co-workers who had landed one of the new jobs. Use of visa workers in a layoff is a public policy issue, particularly for Disney. Ten U.S. senators are currently seeking a federal investigation into displacement of IT workers by H-1B-using contractors. Kim Berry, president of the Programmer's Guild, said Congress should protect American workers by mandating that positions can only be filled by H-1B workers when no qualified American — at any wage — can be found to fill the position."

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  1. Used to work at an immigration firm by speedlaw · · Score: 5, Informative

    IAAL. Learned in a stint at an immigration law firm, that H1B means you write a job description that only your candidate can fill. For example, if I wanted an airplane engineer who knew jumbo jets, I could get a thousand Americans for the job. If I needed a jumbo jet guy who also could work on Bleriot biplanes, that might be a lot less. If I also said he needed to be fluent in Mandarin and Farsi, I've just written an H1-B for my candidate. The key to success is making sure that only your guy can meet the job description that YOU create. Had a friend who was H1-B, even though he was raised in the states...he never bothered for the green card, took the easy way through school, etc. Had a falling out with his boss, and the H1-B went "poof". This essentially American had to relocate to Europe, and when he didn't self deport, was excluded for five years. H1-B means your employer owns your ass. Sadly, it is now a means to "on shore" a docile labor force.

    1. Re:Used to work at an immigration firm by Antique+Geekmeister · · Score: 5, Informative

      The classic video of how employers can commit H1B fraud is at:

                          https://www.youtube.com/watch?...

      What they describe is how to skirt the law, but still hire the less expensive H1B that an employer wants. to quote:

      "Our goal, clearly, is not to find a qualified and interested US worker."

  2. Re:Lesson for workers : Keep skills sharp by Required+Snark · · Score: 5, Informative

    Everyone is expendable, from the CEO to the janitor.

    I suggest that you leave your parent's basement and visit the real world some time. in the real world everyone is expendable except for the CEO and their cronies.

    Look at all the big US companies after the 2008 crash. No CEOs, C-anything-O or boards of director were out and out fired. A very few CEOs (for example the head of Bank of America) were "retired", but given their fat golden parachutes they still ended up outrageously wealthy. There is no negative penalty, even for complete failure, for anyone at the top.

    Corporations only have one goal: making the upper management as rich as possible. They will throw anyone under the bus to achieve that end: employees, stockholders, customers. If it's ever a choice between stockholders and management, stockholders get screwed.

    For example: Deep Misalignment Between Corporate Economic Performance, Shareholder Return and Executive Compensation

    For the vast majority of S&P 1500 companies, there is a major disconnect between corporate operating performance, shareholder value and incentive plans for executives. New research details an over-reliance on accounting metrics that do not measure capital efficiency, and how total shareholder return obscures a line of sight to the underlying drivers of economic performance. Economic performance explains only 12% of variance in chief executive officer (CEO) compensation.

    What universe are you from? How can you make a statement that is so clearly false? Did someone pay to say that, or are you a free lance idiot?

    --
    Why is Snark Required?
  3. Re:H1B-er here: my opinion on the subject. by rch7 · · Score: 5, Informative

    There are E1 and E2 immigrant visas for your case. I.e.:
    E1 1: Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise.
    E1 2: Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
    E2 1: Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
    E2 2: Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

    If you or your employer can't meet E1/E2 requirements, sorry, maybe there is nothing so special about your skills.
    H1B or L temporary worker visas are fraud and abuse most of the time, that can't be controlled and should end completely. They destroy any incentive for US persons to pursue career in IT or in STEM in general.