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How Outsourcing Companies Are Gaming the H-1B Visa System (nytimes.com)

New submitter shakah writes: The NY Times has a straightforward summary of how the H-1B Visa system is being gamed by companies inside and outside of the United States. Particularly interesting for me was their clarification on the argument that "VISA holders have to make prevailing wages, so they won't depress wages." Quoting: "Under federal rules, employers like TCS, Infosys and Wipro that have large numbers of H-1B workers in the United States are required to declare that they will not displace American workers. But the companies are exempt from that requirement if the H-1B workers are paid at least $60,000 a year. H-1B workers at outsourcing firms often receive wages at or slightly above $60,000, below what skilled American technology professionals tend to earn, so those firms can offer services to American companies at a lower cost, undercutting American workers."

22 of 284 comments (clear)

  1. A better idea by alvinrod · · Score: 5, Interesting

    How about H1-B Visa holders get paid 110% of the prevailing wage so that only the companies who seriously need a specialist and legitimately can't find any local talent will hire them. Also, give H1-B holders a ten year window to work in the U.S. that isn't dependent on staying with a single employer. If someone else hires away your H1-B employee, that's your company's problem.

    1. Re:A better idea by khasim · · Score: 4, Insightful

      I like that idea.

      The corporations would try to game it by using job titles that don't fit the job. Like "junior apprentice programmer" requiring 20 years of experience.

      So we need a way to correctly reflect either the job or the skills. We could base it upon the median salaries of the people with the same certifications living within 100 miles. But not everyone has certifications.

      Any better ideas?

    2. Re:A better idea by nine-times · · Score: 4, Interesting

      Pretty much plan isn't going to work if you allow for blatant rule-breaking. Make it so if you have a "junior apprentice programmer" that has 20 years of experience and is running the project, the company gets fined and the hiring manager risks jail time. Have random audits to confirm people are following the rules. Enforce those rules.

      Besides, if someone is applying for an H-1B visa for a "junior apprentice programmer" on the basis that they need a specialist that isn't available in the US population, that application should be rejected on it's face.

    3. Re:A better idea by fahrbot-bot · · Score: 5, Insightful

      Have random audits to confirm people are following the rules. Enforce those rules.

      Sure, but that requires *more* government -- to enforce those rules and punishments -- and, as we all know, that would be bad and a "job killer", unlike easy access to cheap, foreign H-1B workers ... oh, wait.

      --
      It must have been something you assimilated. . . .
    4. Re:A better idea by taustin · · Score: 4, Interesting

      Pretty much plan isn't going to work if you allow for blatant rule-breaking. Make it so if you have a "junior apprentice programmer" that has 20 years of experience and is running the project, the company gets fined and the hiring manager risks jail time. Have random audits to confirm people are following the rules. Enforce those rules.

      And watch the auditors start buying expensive boats and cars, and taking long vacations in exotic resorts, because then the game is to get your competitor in trouble with accusations of wrongdoing, true or not.

      There is no rule that can't be gamed. The only benefit to changing the rules is that it forces the game players to learn the new rules. Sometimes, it might even change the winners. But it'll still be gamed, and still to the advantage of those at the top.

    5. Re:A better idea by tempmpi · · Score: 5, Interesting

      The real prevailing wage is hard to check. Companies will just not mention some of the special skills of that person and then they can hire a very skilled person for more than 110% "prevailing wage", when they are really paying 80% prevailing wage. Or they are paying 110% prevailing wage but expecting 200% working hours.

      I think a much simpler solution would be to change the random lottery to a list that is ordered by wage and give the H1B only to people on the top of that list. That would make it hard to abuse H1Bs to drive down wages and give priority to the people that would likely really contribute the US economy. It could also potentially drive up wages for us workers: If companies are required to offer 200k per year to a foreigner with a certain skillset to guarantee him a H1B, then us workers with the same skillset will also notice what their skills are worth and will demand higher wages. And if the lowest wage that still qualified for a H1B is too low, then you just reduce the number of H1Bs.

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      Jan
    6. Re:A better idea by ranton · · Score: 3, Insightful

      How about H1-B Visa holders get paid 110% of the prevailing wage

      The corporations would try to game it by using job titles that don't fit the job. Like "junior apprentice programmer" requiring 20 years of experience.

      Just enforce the rules. The IRS can take the time to determine if a company is abusing tax law during an audit, so a government agency should be able to determine in a company is gaming the H1-B program. I think most people would be willing to accept some small abuses would happen, as long as blatant abuses are prosecuted.

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      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    7. Re:A better idea by Raseri · · Score: 4, Interesting

      We all know that this won't change, and the only vote that matters is the one you cast with your wallet. The actual solution is to not do business with companies that use H1-B workers at all, whether those workers are employees of the company or "contractors" who are actually employed by InfoSys, Tata, and so on. For example, Harley-Davidson got rid of its IT department and contracted InfoSys to do the work. And, of course, InfoSys brought in nothing but Indians for the jobs. Not surprisingly, someone brought a discrimination suit against them, but I don't know how that turned out; more than likely InfoSys bought the judge. H-D can then claim that they just hired InfoSys, and InfoSys is the one hiring the workers. In this way, H-D's hands are clean, legally.

      What we actually need is a comprehensive list of companies that have done this (think Disney, etc), to facilitate boycotting those companies.

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      Writhe your naked ass to the mindless groove.
    8. Re:A better idea by Copid · · Score: 4, Interesting

      My proposal is simpler: Just auction off the visas and allow them to be traded on a secondary market. If it's typical to underpay an H1-B holder by $10K per year, that $10K gets built into the price of the visa automatically, removing the incentive. The market price would also be a useful indicator of actual labor shortages (i.e. if companies are paying the equivalent of a $50K per year premium, it's a sign that there really is a shortage of a particular skill set). Having visas with different expiration dates on the market would even provide a skills "yield curve" that you could plot to get in idea of future demand for different skills. It also guarantees that scarce visa slots go to the most valuable workers.

      It wouldn't exactly be a visa at that point so much as fungible work authorization token, but I don't think that would be the end of the world. Markets are very good at solving these sorts of problems.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    9. Re:A better idea by Hognoxious · · Score: 3, Interesting

      The solution to that is to have the worker own the visa, not the employer.

      If they have 20 years' genuine experience and you try to pay them like a junior they'll soon sling their hook and fuck off somewhere else if the option's open. And all power to their elbow.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    10. Re:A better idea by parkinglot777 · · Score: 3, Insightful

      ... to work in the U.S. that isn't dependent on staying with a single employer. If someone else hires away your H1-B employee, that's your company's problem.

      This part is a misinformation. Currently, this is already included in H1-B visa deal. A person who is holding H1-B visa CAN change employer; however, the new employer must file for another H1-B petition (or transfer) as if it is a new petition except the remaining visa time may stay the same or get extended -- http://www.immihelp.com/visas/...

  2. Ummmm ... DUH? by gstoddart · · Score: 4, Insightful

    Now, show of hands ... who the hell is surprised to find out that this whole thing is being misused? Anyone?

    The whole bloody point is to drive down wages and replace American workers.

    Anybody who tells you otherwise is lying to you.

    How anybody could possibly be shocked at this 'revelation' is mind boggling.

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    Lost at C:>. Found at C.
  3. Re:Must be more jobs 'murcans wont do I guess... by Coren22 · · Score: 3, Interesting

    In the farming, I have heard from people who live in those areas, the farm owners won't even hire an American, as they can demand minimum wage, but an illegal will work for dollars a day and can't complain.

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    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  4. Re:Didn't know that prevailing wage loophole exist by gstoddart · · Score: 5, Insightful

    Go find another job and give the company the finger.

    Companies don't want that, which is why the H1Bs work the way they do ... because that's what industry wanted.

    If they're using an H1B to fill jobs they can't find people for, wages should be going up. Instead they're bringing in cheaper labor to drive down American salaries and displace Americans.

    If those people had any ability to fight back or demand more, they just might. This way they're exactly what they're supposed to be .. cheap labor with fewer rights.

    Seriously, this didn't happen by accident. It was bought and paid for by industry.

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    Lost at C:>. Found at C.
  5. Re:A better idea, just needs better implemenation by mileshigh · · Score: 5, Interesting

    How about a flat $50K/year tax payable straight to the gov't? Think of that as a tariff or duty. This would have several advantages:
      - Simple & stupid, can't game a flat fee
      - That kind of revenue wold keep the gov't interested in enforcing the program
      - Makes the process of hiring offshore much more expensive. Remember, the idea is that hiring offshore is supposed to be a *last* resort, so $50K wouldn't deter someone who truly needed a particular skill.
      - Makes it impractical to hire offshore lower-level employees, the kind that we already have plenty of and who are blatantly being replaced with foreigners just to save money.

  6. Scrap H1B use EB-1 by oh_my_080980980 · · Score: 3, Interesting

    The H1B program is broken in it's current form. It needs to be scrapped. Like other countries, e.g., Germany, the guest work visa program needs to be tightly monitored. No company should be allowed to flood the application process. No outsourcing or contractor companies should be allowed to apply, period. The reality is there is not shortage of STEM applicants. Plenty of qualified people. If you want to hire people from 3rd world countries, thereby undercutting labor rates, then locate your business there. You'll do more to help that country raise their standard of living by doing that. Not that you were truly interested in doing that.

  7. Simple solution by saigon_from_europe · · Score: 5, Insightful

    As there is currently more visa applications than available visas, the solution can be very simple. Instead of lottery as it is done now, I would simply give visas to companies that plan to pay the highest salary. That would make companies to raise salaries if they really need applicants. That would also solve problems with definition of "prevailing wage" etc.

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    No sig today.
  8. Re:A better idea, just needs better implemenation by ThomasBHardy · · Score: 3, Insightful

    Flat fee issue:

    Do you really want to incentivize the government to have offshore workers by making them profit centers for the government itself? How is that an incentive to avoid destroying domestic jobs?

    I'd think more like saying "H1B hires cost 3x the prevail wage for a job as determined by industry". Anyone not willing to pay up triple the cost can hire back the same folks they are firing now to save a buck. Anyone claiming this is not about companies saving a buck is being disingenuous. If there is truly not a single domestic worker able to fill the role, then paying extra for it should not be a problem. Looking at employment rates, and layoff/offshoring announcements I think these problems would fix itself pretty quickly given the right financial incentive.

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    Warning: Teh poster of this messaeg is lysdexic
  9. H1-B program die die die by Gavrielkay · · Score: 3, Interesting

    If there really were a shortage of tech workers, which I don't believe for a moment, the H1-B program is still about indentured servants. They should speed up/open up proper permanent residencies for these people so they come in with all the same rights and expectations of the Americans they are currently displacing. Holding them hostage to one company, training them to work well with Americans and then sending them home to lead off-shored teams is so bad for American workers that it's ridiculous.

  10. Re:A better idea, just needs better implemenation by swb · · Score: 4, Insightful

    Do you really want to incentivize the government to have offshore workers by making them profit centers for the government itself? How is that an incentive to avoid destroying domestic jobs?

    You earmark the flat fee to go towards funding the enforcement of the H1B program rules. Any surplus goes to fund worker re-training programs.

    This way enforcing the rules of the program is self-funding, and congress can't defund enforcement "because business" and the larger and more popular it is, the more enforcement can be funded.

    Plus, you're basically forcing employers who "need" to hire cheap offshore help to also (provided there is a surplus, and at $50k per, there should be) fund worker retraining so the people needed to do the job can be found at home.

  11. What is the end game to gutting the middle class? by swb · · Score: 4, Insightful

    Just what is the end game to gutting the middle class, anyway?

    Is the whole goal here just to have like 3 people who control 99.99999% of the wealth?

    Surely once the the middle class is denuded, they'll start going for the "HENRYs" (high earners, not rich yet) and find a way to strip them of their earning potential and wealth, too.

    At least in ancient Rome the emperors would stage feasts, festivals and games.

  12. Make the job be posted and vetted by the gov by tompaulco · · Score: 3, Interesting

    The job that they want an H1B for must be presented to the government and a $10k fee paid to the government to cover expenses. The government will interview qualified candidates and if the company does not take one of them, they do not get an H1B either. If no qualified candidates are found, the salary is raised until a qualified candidate is found, up to a maximum of 3 standard deviations from the average salary for the position. If there are still no qualified candidates, then you can have an H1b.

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    If you are not allowed to question your government then the government has answered your question.