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April 21, 2008 10:05 AM PDT

Republicans ramp up pressure for H-1B increase

by Anne Broache
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This year, Congress must raise the cap on H-1B temporary work visas beloved by technology companies, a coalition of conservative Republican politicians urged Democratic leaders late last week.

In a letter to Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) on Friday, 30 members of the U.S. House of Representatives Republican Study Committee called for a vote within the next few months to raise the quota. By law, that limit currently stands at 65,000, with an additional 20,000 allocated for foreigners with advanced degrees from U.S. institutions.

Here's a snippet:

Every year, American businesses tell us how they are unable to retain the qualified people that they want to retain because of the artificially low H-1B visa caps and related regulations that do not reflect market realities. This situation is ironic, since most of those unemployable people were educated in the United States. As a country, we are effectively handing these highly educated, extremely desirable individuals a diploma and a plane ticket. The message we are sending is: "You can learn here, but you have to work in another country."

TechCrunch, which first reported the letter, has posted a copy here.

The letter came about a week after U.S. immigration officials announced they received more than enough petitions to fill next year's cap and would be selecting recipients through a "lottery" of sorts.

A spokesman for Pelosi said his office had received the document, but he did not offer up any timeline for action.

"Democrats remain committed to working in a bipartisan way to build support for a realistic and balanced approach to immigration reform, including increasing the cap on H-1B visas," spokesman Brendan Daly told CNET News.com.

A number of bills in Congress would raise the H-1B cap, at least for a few years, by double or triple the existing amount. The Republican Study Committee named yet another bill, known as the Skil Act, that would elevate the number of visas to 115,000 and raise the cap by 20 percent after each year in which that bar was met.

In their letter, the Republicans lamented that the debate over skilled, legal immigrants got mixed up in a more stormy debate over illegal immigration, resulting in the unceremonious death of an immigration system overhaul last year. They urged the Democrats to "decouple" the two issues and move H-1B-related legislation "in short order."

The H-1B system, of course, is . Some American computer programmers, allied under a group called Programmer's Guild, argue that allowing more H-1B temporary workers to work in the United States displaces American workers and depresses their wages. There is another contingent in Congress that argues the H-1B system needs changes to prevent abuse.

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Add a Comment (Log in or register) Showing 1 of 2 pages (67 Comments)
Layoffs on one end and increased work visas on another?
by Bernardo Ortiz April 21, 2008 10:40 AM PDT
Hasn't everyone else noticed that many tech companies such as AMD are laying off people. The economic situation is tight, lay-offs in all industries are occuring. Everyone expects the economy to tighten in the second half of the year, which is likely rock-bottom of this economic downturn. At the same time you want to bring in more tech workers, why, lower pay. Some people beleive that good management is paying people less rather than creating better designs. This is a bad solution for the tech industry which should be looking for good engineers instead.
Reply to this comment
H1b's are a smokescreen, L-1 visas are much worse.
by jas9990 April 21, 2008 11:06 AM PDT
No cap, unregulated, no media exposure.

L-1 visas are the one's Indians are using to colonize America.
not cheap...
by ipashchuk April 21, 2008 11:26 AM PDT
As a former H1B, I am likely to be biased toward raising the H1B visa cap. Nevertheless, please consider my opinion for whatever it is worth...

As part of applying for an H1B visa, the employer petitioning for the foreign individual must prove several things:
1) the individual being hired meets the minimum requirements of the job;
2) the job has been publicly advertised and no U.S. individuals (citizens and permanent residents) applied and met the minimum qualifications;
3) minimum qualifications are, in fact, essential and are not meant to discrimanate against U.S. individuals;
4) the salary offered to the foreign individual is no less than 5% below the industry average for the type of work performed.

Plus, the employer must shell out over $1K for the application and be responsible for transportation costs if the individual is terminated before the end of H1B status, which can be another $1-2K. This is not including legal fees, which, for H1B petitions, normally amount to $2-3K. So, that's a total of $4K just to petition for a foreign individual to work for 3 years.

In view of this, I'm not sure how one can argue that H1B promotes cheap labor. What it does suggest is that employers are willing to pay more to get qualified people -- even with the additional costs of hiring foreign individuals.

Please remember that I am likely to be biased as a former H1B but I do want everyone to consider the facts of the H1B process. For details and the actual requirements of H1B, please visit http://www.uscis.gov.
View all 2 replies
End the student visa program
by keith.r.benedict April 21, 2008 10:59 AM PDT
The simple solution to ending the process of handing students "a diploma and a plane ticket" is to end the student visa program.

Are our colleges so empty that we have to import students from other countries? I doubt it. Competition for entry into higher education has never been greater.
Reply to this comment
that might shut down many university programs
by ipashchuk April 21, 2008 11:20 AM PDT
Universities profit from the international students as much as they do from out-of-state students. I'm not sure how the number has changed but about 10 years ago, the average percentage of international students to their U.S. counterparts was 6-10% (the number wa even higher in the most prestigious U.S. universities). Further, the percentage of international students in graduate programs is even higher (from what I understand, in some universities they account for a third or even more). Not allowing international students to study in the U.S. will cause many university programs to shut down and public universities would require more funding or face layoffs. Further, this ban effectively would be a ban on free trade (education, in this case).
View all 2 replies
Check it out yourself
by The_Decider April 21, 2008 12:34 PM PDT
Go to the web site of all the major technical universities. MIT, Stanford, Cal Tech, Carnegie-Mellon, etc.

Look at the list of the current graduate student. Not that many are American citizens.

These schools would either have to:

a) lower standards

b) close shop

Option a would result in option b sooner or later.
View reply
hello
by goodstuent April 21, 2008 2:52 PM PDT
50% of Graduate Students and 60% Phd Students are International students ...who pay 200% tuition.
Republicans representing Indians again.
by jas9990 April 21, 2008 11:04 AM PDT
They have destroyed America's job market with L-1 visas, and are always eager to betray us a little more.
Reply to this comment
Vote them out ?
by pokiri April 21, 2008 9:05 PM PDT
Vote them out ?
Restore the H1-B grant
by pctec100 April 21, 2008 11:15 AM PDT
If they modify H1-B I really hope they restore the educational grant program. I obtained one of these grants and it paid for me to complete Cisco Networking Academy and Microsoft MCSE training.

The grant, because it was funded by the companies who hire H1-B workers, costs tax payers nothing and it put me in a much better career situation than I would have been in otherwise.
Reply to this comment
Boo Hoo !
by csg7 April 21, 2008 11:20 AM PDT
If 65,000 H1 visa are enough to create unemployment in our country, then there is something else wrong than just foreign workers.
Who by the way are hiring these H1's, us americans, right ? Who is demanding more visa, our companies and congress, who are americans too ! So if all of these who understand the need and therefore support the increase, then everyone who just cries based on a few cases of layoff (don't throw unofficial numbers back) are just blindly being so called 'patriotic'.
The only real solution here is too refactor our education system to support science and math so encourage students to go to college.
Reply to this comment
H1b's are a smokescreen, L-1 visas are much worse.
by jas9990 April 21, 2008 11:28 AM PDT
As I already said, H1b's are just a convenient smokescreen for the real problem: The completely unregulated, undocumented, and uncounted proliferation of L-1 visas being used by Indians to invade and occupy our country.
What is more american than greed, right?
by chash360 April 23, 2008 3:39 PM PDT
Its not the education system, hello these workers are educated here.......in our higher education system.

Am I supposed to believe we don't have any americans going to these universities any more?

Is there any incentive to choose the IT field (since most corperations are looking to get rid of expensive americans, for cheap foreigners, or already have, wages in the IT sector have not increased in well over a decade, and every corperation is cutting benefits)

It is greed, greed and more greed.

IT workers unite, unionize, and march! it is the only way your voice will be heard, over the millions the corperations are pocketing off what they don't have to pay for H1-B's and L1's.

(its not just wages, but benefits too, lack of committment, they can lay H1-B's off for any reason, at a moments notice, and send them home before they can object, thats better than a temp...)
That has already been regulated ...
by csg7 April 21, 2008 11:32 AM PDT
... I know this as I worked with some of the guys from companies who used to bring a lot of people on L1s, but there was a legal check done some years back by the govt and all of them were transfered to H1s.
Now i rarely see anyone come in on L1 unless they really need that.
Reply to this comment
Google says you're a liar.
by jas9990 April 21, 2008 11:38 AM PDT
All it took was 30 seconds of searching to confirm you're a liar.
Correction?
by jayhawk73 April 21, 2008 11:33 AM PDT
Great line -- too bad "HE" is a "SHE"

"A spokesman for Pelosi said his office had received the document, but he did not offer up any timeline for action."
Reply to this comment
The "HE"
by suyts April 21, 2008 10:09 PM PDT
the writer was referring to is the "spokesMAN", not Pelosi herself.
Here's how they fool you: H1B's hide the L-1 visas
by jas9990 April 21, 2008 11:35 AM PDT
The discussion is all about a tiny number of H1b visas, which the majority of people see and decide that opposition to this program is overblown.

BUT HIDDEN BEHIND THE H1B VISAS ARE L-1 VISAS, WHICH HAVE NO CAP, AND ARE BEING GIVEN OUT WITHOUT ANY REGULATION AT ALL.

THUS, AMERICANS ARE LULLED INTO THINKING THERE IS NO PROBLEM WITH FOREIGN WORKERS FLOODING THE U.S. MARKET, BUT IN FACT THE REAL PROBLEM (L-1 VISAS) HAS JUST BEEN HIDDEN FROM THEM BY SOME EXTREMELY CORRUPT AND SNEAKY TRAITORS IN THE AMERICAN GOVERNMENT.
Reply to this comment
I don't buy it
by keith.r.benedict April 21, 2008 11:41 AM PDT
Sorry, I just don't buy it. Is there evidence that suggests that there won't be any US residents to fill those spots vacated by the ones that were taken up by student visa applicants?

As far as the "free trade" argument goes, we're going to "free trade" ourselves into a third world country if we follow that line of reasoning. The only way Americans can compete with third world wages is to accept third world wages. Additionally, you can't have free trade with any country that doesn't have the same rules/regulations as the US. There is an uneven playing field and, unless you're willing lower our standards to third world standards, we will always be at a competitive disadvantage.
Reply to this comment
Don't be dupe!!
by supoman April 21, 2008 11:51 AM PDT
The American people need to realize that we are GIVING aways high paying jobs and leaving McDonald and Wendy for Americans. There is NO reason that Americans couldn't perform call center type work for the same price as India. Walmart already proves that we will take whatever work we can get! No more H1B!!!! Not until American's can get a fair shake at those jobs!!
Reply to this comment
poor economy needs more foreign workers??
by amigabill April 21, 2008 12:15 PM PDT
OK, so our economy is sliding down a hill, people are losing their homes, and they're more interested in giving jobs to foreigners than they are in keeping Americans employed? Someone explain how this helps Americans in need...
Reply to this comment
Yes! It's True!
by kojacked April 21, 2008 12:18 PM PDT
Just like tax breaks for the wealthy helps keep our country out of resession giving businesses cheap labor helps cut costs and fight the resession as well. (or that's what they want us to believe). Funny how it never seems to work out that way. It must all of us lazy middle class people that are at fault some how...
The problem is...
by The_Decider April 21, 2008 1:15 PM PDT
...that these are the types of jobs that requires years of high level education and many more years of experience. keep learning.

If you want to sit in school and then never have to learn anything again, get a business degree, just like many of the people you feel sorry for.

Not only that, they require constant education. Most people don't have the background or drive to go into fields that demand you

These are not jobs at Mcdonalds or Walmart that can be learned in an hour. Or other jobs that can be trained on the job.

People are losing their homes because they foolishly got in over their heads while the greedy banks looked the other way. Live within your means and keep your skills up to date so you are in demand is the solution.
View reply
thoughts...
by pen-sword April 21, 2008 12:20 PM PDT
Just a few thoughts...
1) End Student Visa program: Do it, and tell me how far the US education system goes few years down the line.
2) Increase Fee: The international students already pay more than out-state tutions. Wonder you ever attended college!
3) Cheap labour: I don't recall a successful company built on cheap labour rather than on hard working, smart individuals, be it any nationality
4) H1B Program abused: Fully agree. But it needs reforms than just scrapping the full thing.
5) Do you really think 65000 people can make the whole american population of smart individuals unemployed?
Reply to this comment
Foreign students maintain US ed system?
by keith.r.benedict April 21, 2008 12:25 PM PDT
"1) End Student Visa program: Do it, and tell me how far the US education system goes few years down the line."

I don't understand this line of reasoning. Why would removing non-US residents from our education system hurt our education system? Do you really think there aren't enough US residents to keep our schools open? That's completely bogus.
View reply
re. thoughts....
by suyts2 April 21, 2008 2:14 PM PDT
I'm not totally against a student visa program but do believe that we'd be fine without one.

It is not a mere 65,000 people making the whole population unemployed.....I hope no one is making that assertion. However, it is adversely effecting the job maket in the tech field here in the U.S. "...limit currently stands at 65,000, with an additional 20,000 allocated for ..." is 85,000 (not 65,000) and not just once, but year after year. That is just the H1Bs, there are, of course, many other types of visas that allow entry to the tech job market here in the U.S. As a result, we, as a nation, have literally imported over 1,000,000 workers in the tech industry over the past several years. There is no job market in the U.S., or any other nation for that matter, that can absorb that many arbitrarily injected workers without causing unemployment/underemployment and lower wages.
How many high school seniors...
by The_Decider April 21, 2008 12:38 PM PDT
...can walk onto campus next fall and do well in calculus, digital circuits, chemistry, general physics, etc?

If 1 in 10 can, that would be amazing, yet this is the level of work required in freshman level tech and science courses.

I see it every day, American kids are woefully uneducated.
Reply to this comment
So the solution to this problem...
by keith.r.benedict April 21, 2008 12:50 PM PDT
...is to sell-out our kids and let non-residents take their places in college? Why not fix the problem? Why don't we fix the school system? Calculus, chemistry and general physics aren't even acceptance requirements for most state-run colleges.

Frankly, I suspect a lot of bright kids aren't getting into school that belong in school. Don't blame kids because of our lousy education system.

I still don't buy your assertion that lowering of standards to allow our supposedly poorly educated US residents will be the death of US colleges. If there are people willing and able to attend college, they will.

Maybe if schools have a drop off in applications, they'll be forced to look at not only their acceptance standards, but they may have to look at their outrageous tuition fees as well.
View reply
At least one.
by suyts2 April 21, 2008 2:30 PM PDT
My daughter, as a 1st semester senior in HS, got an A in calculus at the local college. I credit it to good genetics. :-)
View reply
RE:
by mr3vil April 21, 2008 3:45 PM PDT
I think the problem is in the way we teach math and science to our students. I'm no dummy, but I never did well in High School Math classes because the teachers didn't care at all to make the class engaging thus discouraging me from taking higher level elective math and science courses. I think what else hurt it for me was the fact that the class crawled along at half the speed of smell. That and the textbooks were total crap.
View reply
No Child
by zclayton2 April 22, 2008 7:25 AM PDT
Left Behind - so they all fail together. It's a sad commentary on our education system when real education is pushed into the last two months of school. This is so the teachers can teach the rote learning test answers so the school system can earn a "passing" grade and not be sanctioned.

Okay, the student can pass the test - like a kidney stone. Can they think and make connections?
Our Kids and schools are doing all right
by netmenders April 26, 2008 8:50 AM PDT
K-12 Educational System Bashing: Another Myth?

http://immigration-weaver.blogspot.com/2008/04/k-12-educational-system-bashing-another.html
Dumbed Down Education
by georgiarat April 21, 2008 12:56 PM PDT
We have dumbed down our education system to allow for illegals,
social feel good efforts, and indoctrination not to mention the
fine work of the ACLU to make sure we do not have discipline in
the schools so what do we expect from our schools. We have
many fine teachers but many poor ones who are just protected by
their unions.

We can rant all we want but nothing will change.
Reply to this comment
I believe H1B program in general is good for USA
by pokiri April 21, 2008 9:01 PM PDT
Otherwise the congress might have cancelled this program long ago. I understand there are some opposing it vehemently, but i believe they are a minority. In USA , the majority wins. The minority can whine on...
Reply to this comment
fair enough ... let's see a vote
by CPCcurmudgeon April 21, 2008 9:40 PM PDT
I'd like to see the call for more H-1B (and L-1) visas go up for public referendum, such as is done in California propositions. Let each side present its arguments. I'd like to see what the outcome is.
h1b tarrif
by fixusa April 21, 2008 10:14 PM PDT
I'd vote for any candidate that proposed 40% tariff on jobs awarded to H1B workers. US companies should not mind extra cost as they swear up and down they simply can not find qualified citizens to fill these crucial jobs and the money could go into fund to subsidize engineering tuition for citizens. U.S. can not compete with countries that subsidize their educational systems to produce engineers at below what it costs in America, so there should be a tariff. I have nothing but respect for India whose wise leadership has figured out that by investing in education of it's citizens, they can own us in this age of global economic warefare.
Reply to this comment
Great idea!
by kojacked April 22, 2008 1:28 AM PDT
But I'm sure Bush & friends will say it will hurt the economy (read: their friends wallets). Now whose watch did the economy go into resession twice now? I'm sure it was the democrats fault anyway.
View reply
Don't believe corporate hype because there is NO tech worker shortage
by Jake Leone April 22, 2008 6:42 AM PDT
The count is growing, only because industry wants cheap, indentured, labor.

I am a development manager, in the Silicon Valley.

In the last 6 months I ran 2 java/C++ developer job adds, each recieved in excess of 20 resumes, many candidates were qualified. I had my pick, and in the end the only factor was would they come in at the right (AKA lowest) price.

There is always tremendous pressure, when your a manager, to keep salaries as low as possible, especially.

Further, companies like Microsoft, Google reject 99% of resumes that come in. I have been very successful in development (been at my current job for 8+ years), and I have applied to both companies, (for non-Senior programming jobs), and I haven't heard from either company. At the same time, several people who knew someone on the inside of these companies were interviewed and hired.

Don't believe corporate hype, period. There is no tech-worker shortage, there is in fact a glut of tech workers out there.

If you believe that there is a tech worker shortage, then you probably also believe that oil companies aren't making a killing off the U.S. economy right now.

Why am I writing this?

* Although I manage a development group, I am also a technology worker.
* U.S. Tech workers are skilled, experienced, and efficient. I want business to be efficient, so let's not fool ourselves into thinking that cheap labor equals efficiency.
Reply to this comment
Java/C++
by The_Decider April 22, 2008 2:13 PM PDT
Is fairly low level simple work. Most H1B's actually fill high tech jobs, not API monkey positions.
View reply
These URLs, from respected sources, show H-1b damages the U.S.
by Jake Leone April 22, 2008 6:49 AM PDT
It is a fact that the h-1b Visa is being used to hire the cheapest workers, don't believe me, read the words of various recuiters, who have publicy posted to the web (and said they hired h-1b workers because they are cheap):

http://mcpmag.com/columns/article.asp?EditorialsID=1974

http://blogs.computerworld.com/node/6482

Most h-1b visas are wasted on starting-level IT jobs:

http://www.cis.org/articles/2007/back407.html

Green cards are being issued to people without even trying to find a U.S. citizen. I have seen this first hand, where Green cards were issued to people in Software Quality assurance (jobs a game tester could do). But if you don't believe me, see the video by the immigration attorneys used by the client of "Compete America":

http://www.youtube.com/watch?v=TCbFEgFajGU

A report from the National Accounting Office of the United Stated has found that people on h-1b Visas are regularly being paid 20% less than their U.S. Citizen counterparts.

The h-1b program is being used to out-source U.S. jobs:

http://www.iht.com/articles/2007/04/12/business/visa.php?page=2

There is no shortage of qualified technology worker, just a shortage of technology workers are the low-low prices.

With rent in Silicon Valley at typically at 2000$/mth how can a Technology worker live on less than 40k a year, yet many h-1b visas are issued for far less than this.

http://www.bendweekly.com/Opinion/4670.html

Check out the following:

http://www.businessweek.com/bwdaily/dnflash/content/feb2007/db20070208_553356.htm

http://www.msnbc.msn.com/id/17048048/

The typical U.S. citizen is being saddled with 9 trillion dollars in National debt, by the Bush Administration.

Typical U.S. citizen is born with more cost in debt service per year than the wages of your typical Indian programmer.

Gasoline is prices are going the roof. Because of Corporate lobbying groups. Hey I am spending more driving to work, now, than the average Indian worker.

And the lobbying group "Compete America" is crass euphemism (double-speak) for the continuing fire sale that is destroying the U.S. economy.

http://mcpmag.com/columns/article.asp?EditorialsID=1974
Reply to this comment
Republicans ramp up pressure for H-1B increase
by tcj5002 April 22, 2008 5:17 PM PDT
This should not happen. We should not allow foreign workers to take our jobs on our soil. The very thought of it is ludicrous. Especially once you have seen this scary news bit I found. Tuberculosis has made a comeback in our country due to improper screening of people coming to this country. It can be found here:

http://www.mercurynews.com/ci_8975501?nclick_check=1

I'll summarize the article for you.
In California, Ninety percent of Santa Clara County's 241 TB cases in 2007 were in students, immigrants, temporary workers with H1B visas, tourists and others born in other countries. At the same time, the number of multi-drug-resistant cases in the county - bacteria resistant to isoniazid and rifampin, the first-line TB antibiotics - jumped from two to seven. "During the dot-com boom, we in Alameda County and I know other Bay Area counties saw a dramatic increase in tuberculosis among the (H-1B) visa immigrants," said Benjamin, the Alameda County TB control officer.

The cost of every TB case to local taxpayers is significant. Santa Clara County spent an average of $18,000 a case in 2007 - about $4.3 million total - for drugs, testing and for the labor-intensive contact investigation required for families, co-workers or schoolmates who have contact with an infectious person.

Considering that many of the cases were students or people here on H-1B visas. The same visas that Bill Gates went in front of a Senate hearing to beg the Senate to increase the "cap" which is currently set at 65,000 per year because as Gates puts it "there's no Americans qualified for the IT jobs he wants to fill!" Imagine that, the worlds richest man wants to hire foreigners and bring them here because they'll work cheaper than we will!!!

We can NOT allow our demise to continue on the path which President Bush has chosen for us. We must contact our Representatives and Senators telling them to vote NO on H1B visas.
Reply to this comment
other visas need more attention
by chonnom April 23, 2008 5:12 PM PDT
It takes 1-3 months to process an H1-B visa but USCIS can't seem to make time to process my wife's visa to get her here legally. I work for my state's department of human services and I'm forced to provide services to illegal aliens on a daily basis yet it takes a year or longer to get a visa for my wife. Why? The government hands out benefits to illegals but try and do things the legal way and you are penalized by enforced separation from your loved ones. There is something extremely rotten with the system.
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