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US Law Allows Low H-1B Wages; Just Look At Apple (networkworld.com)
An anonymous reader writes: If you work at Apple's One Infinite Loop headquarters in Cupertino as a computer programmer on an H-1B visa, you can can be paid as little as $52,229. That's peanuts in Silicon Valley. Average wages for a programmer in Santa Clara County are more than $93,000 a year, according to the U.S. Bureau of Labor Statistics. However, the U.S. government will approve visa applications for Silicon Valley programmers at $52,229 -- and, in fact, did so for hundreds of potential visa holders at Apple alone. To be clear, this doesn't mean there are hundreds of programmers at Apple working for that paltry sum. Apple submitted a form to the U.S. saying it was planning on hiring 150 computer programmers beginning June 14 at this wage. But it's not doing that. Instead, this is a paperwork exercise by immigration attorneys to give an employer -- in this case, Apple -- maximum latitude with the H-1B laws. The forms-submittal process doesn't always reflect actual hiring goals or wage levels. Apple didn't want to comment for the story, but it did confirm some things. It says it hires on the basis on qualifications and that all employees -- visa holders and U.S. workers alike -- are paid equitably and it conducts internal studies to back this up. There are bonuses on top of base pay. Apple may not be paying low wages to H-1B workers, but it can pay low wages to visa workers if it wanted. This fact is at the heart of the H-1B battle.
L visas let the employer pay the foreign employee's home town wage for up to a year while in the US. When I lived in China for a couple of years I interviewed with the local IBM office about database consulting. They wanted to fly me to the US on an L visa while paying the local wage of about $1K USD which would be OK there in town but not in L.A. The hiring manager assured me on the 3rd level interview that they did it all the time and it was no problem. Then I mentioned that as a US citizen I couldn't be sent on any kind of visa and I couldn't work in the US for sub-minimum wage. He hung up and I couldn't get him to answer when I called back. Since they wanted to hire and send me immediately but an L visa requires a prior year of employment, minimum, they were obviously quite handy at lying on the paperwork. Think about this the next time big blue sends in a consultant from another country.