August 5, 2005 5:55 PM PDT

H-1B applications for 2006 piling up

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Employers have applied for 49,040 H-1B guest worker visas for next fiscal year, more than 75 percent of the program's annual cap of 65,000, according to U.S. Citizenship and Immigration Services. The tally, made July 31, suggests the limit for the controversial visas could be reached near or on the first day of federal fiscal year 2006, Oct. 1. This fiscal year, employers hit the annual cap as of the first day.

Applications are coming in more slowly for the extra 20,000 H-1B visas reserved annually for foreigners with advanced degrees from U.S. institutions. As of July 28, employers had applied for 10,150 of these visas for this year, according to USCIS. As of July 31, employers had asked for 7,884 of these visas for fiscal year 2006. H-1B visas allow skilled foreigners to work in the United States for up to six years.

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H1B Visa's must be stopped!
With hundreds of thousands, if not millions of IT workers unemployed or underemployed why do we need to import workers? These stories about there being a shortage of workers is BS. There is only a shortage of people willing to work for 40% of what they were paid a few years ago. As an impetus to hire American, the federal, state, and city goverments should only contract with companies that have American citizen work forces. Do we really want people from terrorist countries running and designing our most sensitive computer systems? Check out the 4'th season of the show "24" on dvd to see what might happen.

<a class="jive-link-external" href="http://jmaximus.blogspot.com" target="_newWindow">http://jmaximus.blogspot.com</a>
Posted by jmaximus9 (86 comments )
Reply Link Flag
People on H1 are paid the same as Americans
As predictable, clueless people complain again...
People on H1 are paid the same as Americans. They have to be by law.
Posted by JoeF2 (1306 comments )
Link Flag
If H1B is stopped, Silicon Valley will disappear, LOL
The IT industry is filled of non-America born workers, without them, China and India can easily catch up in the near future. Think about that.
Posted by joelam888 (300 comments )
Link Flag
Really sad you cannot save your job
Hi,
I am not sure about why u r worried about all these H1-B applicants.If you are good enough you should be able to CLING to your job.
I can see how frustated you must be, because there must be thousands of people who can do your job better than you.Wake up to reality, what goes round comes round.
Cheers
Posted by (1 comment )
Link Flag
only morons complain
theres a reason why those unemployed ppl are unemployed..is CUZ THEY SUCK.

we dont need drones in the company when a perl script can do their job..thats why they are out of a job. they are so worried about keeping their job they dont bother to do their job.

maybe instead of complaining and watching TV you should polish your skills.
Posted by (1 comment )
Link Flag
False sense of 'nationalism'
H1B workers and their families add more $$$'s to the US economy than the average burger-flipper, or dope-doer on the side walks. Let's face realities: THey work long hours to make the AMERICAN DREAM come true, like much of today's generation's OWN grandparents did NOT SO LONG AGO. They pay Social Security taxes and DONT GET A CENT BACK in benefits. Most, if not all of it goes to treat the overdosed junkies working off State benefits.

So, reality is, H1B workers are economic engines.

Also, the USA is a land of immigrants. So, adopting this 'holier than thou' attitude is shameful. Just ask the Irish in Boston,
Posted by (1 comment )
Link Flag
It is clear, Employer's want cheap H-1ber's not the expensive ones
It is clear that employers are not looking for foreign nationals that graduated from American Universities. And Why? Because these people know what they are worth. These are the people who are most qualified, with Master Degrees in their areas of expertise, But industy is quite Ho-hum (more hush-hush) to hire them.

How can the software industry WHINE! about not having enough skilled workers, when they can't even bring themselve to hire people with right skills (frankly more than qualified), but the wrong knowledge (common U.S. street-smarts) about what they are worth in the U.S. economy?

But the software Industry has no problem, claiming all the bachelors or greater H-1b slots for next year. Even before they are released. And Why? Because people outside the U.S. don't have an inkling of what the real cost of living is in the U.S.

And, these H-1ber's are far less likely to switch jobs (because they don't have contacts in the U.S. and they possess only a bachelor's degree, and they need a Green Card).

It is clear that it isn't about skill, it's about $$$/hr. And that's it.

If industry could get away with paying people minimum wage to write software, they would (and they do in places like India). And by flooding the U.S. economy with H-1ber's that is exactly what industry is trying to do here.

And you know the prevailing (what H-1ber's are paid) wage is never anywhere near the actual free-market value of most of these worker. It is usually 20-30k less.

The prevailing wage is simply an estimate of the median wage of workers (as estimated by the employer or the employer's cronies), and they always estimate low.

Back when Oracle was hiring h1-b QA people for 48k /year, it was more typical for QA people to be paid 60-100k/year. So the prevailing (H-1B) wage IS B.S., and is not a true measure of anying but the fact that the H-1B program is indentured servitude for the sake of GREEN CARD.
Posted by (80 comments )
Reply Link Flag
People on H1 are paid the same as Americans
It is not hard to understand, but some people continue to perpetuate the myth of cheap labor.
Posted by JoeF2 (1306 comments )
Link Flag
Are you a technician looking for 100K?
You probably think we're still in 1999 or 2000 with insane salaries, right?
Posted by joelam888 (300 comments )
Link Flag
Prevailing wage is Consistent with headhunter inquiries
What was your sample size for measuring the accuracy of the prevailing wage that you used to support your statement that H1-Bs are just cheap labour? Im an H1-B and I can confirm that the prevailing wage is consistent with the pay ranges attached to inquiries Ive received while being head hunted for similar jobs.

Also, a little FYI for everybody else -- the prevailing wage clause dictates that employees supporting and H1-B visa application must pay that employee at minimum 95% of the prevailing wage. Also, when measuring the prevailing wage, variable pay does not count towards the meeting that requirement, but it does get counted when the prevailing wage is determined by the INS. As such, this often benefits the employees as they may also qualify for a variable pay over and above the prevailing wage which is based on the total wage (both vaialbe and base) of non H1-B workers.

Also, to my knowledge H1-B holding foreign nationals can transfer to another company so long as that company is comfortable taking over the H1-B and meeting the requirements.

- Wannabe resident alien.
Posted by Intejer (1 comment )
Link Flag
If have seen dozens of examples where H-1bers were payed less
I've been in on hiring discussions, and I have seen actual salaries offered to h-1b candidates, at the 2 companies that I have worked for in the last 10 years. I can tell you this, both companies payed and offered H-1b candidates significantly less than what was being offered U.S. candidates with similar qualificiations.

The amount offered to an h-1ber was typically 20-30% less than that of a U.S. candidate.

One of these companies is a house hold term. The other is growing rapidly.

For example, a U.S. candidate was offered 95k/year, a similar H-1b candidate was offered 72k/year for the exact same job. And this is but one example, I have many more such examples.

It was not atypical to consider H-1ber's when there was a call by the company's upper management to scale back wages. This was done to save time, as finding a U.S. candidate at the paltry rates being offered was considered to be a waste of time.

And I am not blaming the U.S. candidates. If I had been hired at the rates offered to the H-1ber's, I'd still be in an apartment, I'd still be driving my broken down car.

Living in Silicon Valley is a very expensive proposition.

And if you ask, why didn't I report this?

Well if I did, then I'd risk being black-listed by recruiters, who got me both jobs.

I know, from a person who is very close to me, and worked at the highest level in HR, that such a black-listing can cause a career to end rather abruptly.

So watch out, it's a lot better to part with your employer on good terms, because head-hunters and recruiters have big mouths, and they like to back you against a wall when they negotiate. And if your black-listed, they don't even want to talk to you.
Posted by (80 comments )
Link Flag
Very few of them would be IT workers.
How many of those are IT workers? I doubt if any IT workers from India want to come here considering that wages are going off the roof there and they only have indentured servitude to look forward to here.

KM
Posted by (5 comments )
Reply Link Flag
H1 is not indentured servitude
Your complaint may have had some value in the 90ies, but the laws have changed since then and people on H1 can change jobs very easily.
Posted by JoeF2 (1306 comments )
Link Flag
This debate is meaningless
Who cares about H1B now? The jobs are going where qualified, skilled and HARD WORKING people are available at REASONABLE cost. By the turn of the millenimum the labour fanatics imposed restrictions on H1B in terms of CAP (!). They did great favor to India. The companies said they can't take this BS any more. They can't be hostage to aging, lazy, over paid American labour who refuse to change with times. They enmass migrated to countries like India.
There is one more thing I want to add to the benefit of these idiots. It is China and India who are buying all those expensive aircrafts and mobile phones and what not. These two countries will decide the destiny of our world in 21st century.
If American and European labour do not heed the lesson and change along with times, they will be left far behind. The era of $120,000.00 salary for Java programmer is over and will never return. Those kind of salaries are reserved for managers, scientists, doctors and not for workers who call them selves knowledge workers but are really workers
Posted by (1 comment )
Reply Link Flag
Correct
Except that the dot-com lunacy was $120K for VB programmers and Web designers...
Posted by JoeF2 (1306 comments )
Link Flag
go pray to allah
and be thankful you're employed.

it will always come down to the golden rule. the h1b program benefits the wealthiest. period. legalized offshoring/outsourcing is another example of the widening of the wealth gap.

show me a muslim worker who's going to buy that $50,000 SUV on a 30-40% salary of the prevailing IT wage.

Short term, self-gain for stock holders, board of directors, ceos.

meanwhile, out of work american IT workers sit back and whine rather than unifying and lobbying and fighting back. the problem is, too many of us are ***** to keep income rolling in. so we passively sit back, train our towel-headed replacements, and then whine as we move into the under-employed labor pool. 5% national unemployment? maybe. maybe because too many of us are now underemployed working at the mall and selling off our houses.
Posted by bubbawny (5 comments )
Link Flag
software Industry
How can the software industry WHINE! about not having enough skilled workers, when they can't even bring themselve to hire people with right skills (frankly more than qualified), but the wrong knowledge (common U.S. street-smarts) about what they are worth in the U.S. economy?

But the software Industry has no problem, claiming all the bachelors or greater H-1b slots for next year. Even before they are released. And Why? Because people outside the U.S. don't have an inkling of what the real cost of living is in the U.S.

And, these H-1ber's are far less likely to switch jobs (because they don't have contacts in the U.S. and they possess only a bachelor's degree, and they need a Green Card).

It is clear that it isn't about skill, it's about $$$/hr. And that's it.

If industry could get away with paying people minimum wage to write software, they would (and they do in places like India). And by flooding the U.S. economy with H-1ber's that is exactly what industry is trying to do here.

And you know the prevailing (what H-1ber's are paid) wage is never anywhere near the actual free-market value of most of these worker. It is usually 20-30k less.

The prevailing wage is simply an estimate of the median wage of workers (as estimated by the employer or the employer's cronies), and they always estimate low.

Back when Oracle was hiring h1-b QA people for 48k /year, it was more typical for QA people to be paid 60-100k/year. So the prevailing (H-1B) wage IS B.S., and is not a true measure of anying but the fact that the H-1B program is indentured servitude for the sake of GREEN CARD.


Davis,
<a class="jive-link-external" href="http://www.my-credit-cards.co.uk/" target="_newWindow">http://www.my-credit-cards.co.uk/</a>
Posted by ip_fresh (59 comments )
Reply Link Flag
The myth of cheap labor
People on H1 have to be paid the same as Americans.
And, a lot of them have more than a Bachelor degree. And they can change jobs very easily. "Not having contacts" in the US is yet another myth. How do you think they got their jobs in the first place?
Posted by JoeF2 (1306 comments )
Link Flag
The H-1B Prevailing wage does not equal the competitive wage
And the competitive wage is much closer to actual value of a U.S. worker, given that employers who pay low wages have a high turnover.

The prevailing wage is not the same as the competitive wages.

U.S. workers will take a job for a while at low wages, if they have no choice, but then typically leave when they are offered a competitive wage.

In Silicon valley, the prevailing wage can vary from 40-60k in the outer area. To 90-120k in the central portions of the valley. When you average these areas, you get an absurd wage level which can be used to calculate the prevailing wage.

It was typical (at my previous job) for U.S. workers to be paid 90-100k and for H-1Ber's (doing the exact same work) to be paid 60-70k.

Employers want H-1Ber's because they can (practically) name the salary. Employer's prefer this to U.S. workers, who are not afraid to move on, for more money. And U.S. are not afraid to hold out for a larger salary.

U.S. workers (in good times) can negotiate, and this typically raises there starting salary.

I have never met ANY H-1Ber (and I've known and worked with dozens over the years) who quit their job and left for another U.S. company. It simply doesn't happen very often, because any amount in U.S. dollars seems immense to them. And they all want a green card, and won't do anything to jeapardize this process.
Posted by (80 comments )
Reply Link Flag
Of course it does
The prevailing wage is determined by what employers report to DoL as the current wages for people working in that field in the different areas in the country.
I suggest you learn about this before you post BS.
Posted by JoeF2 (1306 comments )
Link Flag
If you know of violations, report them
I am always amazed at these people who whine about that H1 people at their job got less money, but were a) in no position to know the salary of other people and b) have not reported such salary discrepancies to the DoL.
If there are real violation, they should be reported. The form is <a class="jive-link-external" href="http://www.dol.gov/esa/forms/whd/WH-4.pdf" target="_newWindow">http://www.dol.gov/esa/forms/whd/WH-4.pdf</a>
DoL investigates, fines violating companies and orders them to pay back wages to the affected employees.
But unless you have reported violations, you are just a whiner.
Posted by JoeF2 (1306 comments )
Link Flag
One word, Greed
I also never met any human being who doesn't want more money.
Posted by joelam888 (300 comments )
Link Flag
I was in position several times, to know exactly what h1-bers earned
Once in a management role at my previous company.

Another time came when a manager (at my previous company) confided the salaries of several workers to me (actually trying to talk me out of leaving, and keep me happy with my current salary).

And there was one other time when I was in HR (changing benefit plans), and saw the h-1b reqs for several co-workers, by coincidence only. Truly a mistake on the part of the HR person, but hey knowledge is power.
Posted by (80 comments )
Link Flag
Unemployed C workers are screaming here again
Show us the profiles of the unemployed IT workers, like how much salary they're looking for, what skill sets, experience or education they have.

They're probably looking for 100K as a 10+ years of programming experience in C or C++ while employers are now looking for 3-year Java/C# developers.
Posted by joelam888 (300 comments )
Reply Link Flag
Unsupported Conjecture
You might be surprised, then again you might be validated. Either way, until such data is produced in a reliable way, nobody actually knows.
Posted by Shoa_Creek (79 comments )
Link Flag
So where do I get "I Heart H1-B" T-Shirt?
I love the H1-B program. It has given me and my friends a lot of opportunities and has helped the company I work for immensely.

All the H1-B people I know are very hard and conscientous workers and are interested in the well-being of their sponsoring company. Can't say the same about their US counterparts - they're only interested in making money, and as soon as the going gets tough they pack and leave.
Posted by zab_ (2 comments )
Reply Link Flag
Your statements about U.S. workers are quite bigoted
I've known enough H-1B people and U.S. workers to know that your statements are the typical bigotry that is thrown at U.S. workers.

I think you really need to get to know some of these h-1bers. Have dinner (with an H-1b employee) at there house (I have on several occasions), before you can make statements about one being the ideal over the other.

I remember one friend who completely bashed his employer (during a lunch conversation), for paying him 20k less per year than the employees at the company, his company was contracting with. He was very upset, but what could he do? Loose that job, and loose out on 30k in savings over 3 years?

Everyone has hopes and feelings, and just because some americans are brash, doesn't make another group better.

Although I am against the current H-1b program. Let it be known that I am not anti-immigrant. And if there wasn't so much obvious fraud in the H-1b program (especially in the software industry), I could support it to some carefully controlled extent.
Posted by (80 comments )
Link Flag
Really?
I would bet that your American colleagues that pack up and leave either (a) got a better job elsewhere with a company that pays competitively or (b) were sick of wasting their talent on their employer and left to start their own company that will eventually be in direct competition with the company you work for (quite possibly with a better product).
Posted by Shoa_Creek (79 comments )
Link Flag
yes and no
I agree - there *are* people who are like that. Then again, the same goes for H1B workers as well. I met a russion guy who lied his way into his position - faked it for as long as he could then moved to another position somewhere else. Turns out he's a job jumper, makes a living off of lying about his skills.

I also work with H1b people daily and their work is shoddy - not all of them care!

And of course, there are the exceptions - I do know some Indians who kick ass at their jobs - very good people. There's not enough of them though.

Point is, there are good AND bad no matter where the workers come from....
Posted by eyepoker (169 comments )
Link Flag
The biggest fraud in American History
About 10 years ago, the biggest fraud in the history of this country was perpetrated when employers like IBM, MicroSoft, Motorola, etc. aggresively continued to tout the fact that there weren't any American workers to take up these "highly skilled" jobs. Guess what, the governments and INS fell for it and allowed the largest stealing of American jobs to continue.

Then the market crashed, thousands of people were (and still continue to be) out of Tech jobs. There weren't any more excuses. Now they are at it again.. and from the looks of it, seem to be going at it ever more aggresively. When are these politicians that we voted for going to realize that there IS NOT SHORTAGE OF SKILLED LABOR, BUT A SHORTAGE OF CHEAP LABOR! I personally work in the tech industry and it's amazing to see the H-1 B people coming in - MOST of them don't even have the skills, what's even worse, they blatently LIE on their resumes and fake their work experience knowing fully well that US companies cannot effectively check foreign references. Have you heard about how easy it is to get a FAKE B.S in India? There have been countless instances of employers hiring H1-B workers coming into the US with "MBA in Computer Management or B.S in C.S" from agencies only to realize that the college doesn't even exist.

When is our government going to realize that they are stiffling the brain power in this country and putting a strangle hold on the very fabric of American creativity by killing the tech industry and effectively stopping the flow of American students into Computer Science degrees?
Posted by (3 comments )
Reply Link Flag
And yet again, the myth of cheap labor
People on H1 have to be paid the same as Americans. That's the law, and companies follow the law. There are of course always some unscrupulous companies, but they are the exception. Again, the H1 is NOT about cheap labor. Outsourcing abroad can be seen as companies looking for cheap labor, but companies keeping jobs and taxes in the US should be cheered, not ridiculed.

Besides, the biggest frauds, Enron and MCI, had nothing to do with H1s...
Posted by JoeF2 (1306 comments )
Link Flag
Re:The biggest fraud in American History
What use is it to the company to hire such unskilled ,ignorant workers?

Please elaborate on that before going into your conspiracy theories!
Posted by (2 comments )
Link Flag
Yes, when...
WHEN they can get the evidence to do so. That is VERY important! Just because your employer may have been honest with you, Joachim, doesn't mean that run of the mill employers don't play the system for all it's worth!
Posted by Shoa_Creek (79 comments )
Reply Link Flag
RE: What's your problem?
The post, one up, is in reply to "What's your problem" by Joe Feise.
Posted by Shoa_Creek (79 comments )
Link Flag
Again, report it
Anybody can accusing somebody of doing something wrong. That doesn't make it true. In fact, it could be libel. And that's what I see people do here by claiming that "run of the mill" companies underpay H1 workers.
Only because YOU don't like the H1 program, you can not go around and willy-nilly claim widespread abuse. Even the anti-immigrant groups, who have tried for years, haven't found any widespread abuse. There of course may always be some companies that abuse the H1 program, but that's what laws are for, to punish the occasional abuser.
In particular, the vast majority of H1 employers pay H1 workers the same salary as their American counterparts. If they didn't, the negative PR would outweigh any short-term savings...
Posted by JoeF2 (1306 comments )
Link Flag
Life Experience
Please dont ask us to disregard real-life work experiences. I worked for State Farm ($44 billon/Fortune 15 company) for 3.5 years at their HQ. The site has more than 8000 people  about 35-45% are from India. Not only are they not paid a fair salary, they often work for nothing. Are you willing to drop a dime and risk becoming unemployed? Obviously you are employed.
Posted by (8 comments )
Reply Link Flag
How do you know?
How do you know what they earn? I don't ask my coworkers about their salary.
If you in fact know about violations, why don;t you report that to DoL? You can do that anonymously as well: <a class="jive-link-external" href="http://www.dol.gov/esa/forms/whd/WH-4.pdf" target="_newWindow">http://www.dol.gov/esa/forms/whd/WH-4.pdf</a>
Posted by JoeF2 (1306 comments )
Link Flag
H1B - Modern-day slavery bit us in the bottom...
Reactions like those before me make me giddy...

Outsourcing didn't really take flight until the U.S. -- after years of benefiting from the intellectual and financial *contributions* of the cream of non-US crop -- started enforcing the return of these modern-day slaves to their own countries after they were laid off when the Internet bubble burst...

It seemed smart at the time... after all, here we had these 'cheap' people, educated abroad at another taxpayers' expense, the best of their schools, to fill the labor shortage gap during boom times.

We gave them an H1B visa that did (and does) not allow for job hunting or changing employers. Thus beholden to their H1B job sponsors aka slave-masters... we were sure we could get rid of them when things turned sour. As a side benefit, we got ourselves a great mechanism to drive down wages for all!

Yep yep. So smart.

We gave them a visa that did not allow them to become citizens, picked their brains, took their tax contributions to fill our social security coffers *without* allowing them to ever take out what they put in...

Things DID turn sour, a and after years of integrating into American society, where they experienced "true" capitalism, learned about the way things work around here, our dependence on the service industry, our labor costs, inflexibility of the work force, our strengths (i.e. talking smack aka marketing) and weaknesses (i.e. executing and educating)... WHOOPSIE we kicked them out...

Guess what, when they arrived back home they didn't turn stupid.
Posted by TomTester (21 comments )
Reply Link Flag
The H1 allows easy job changes nowadays
That has been a fairly recent change, in response to somewhat justified complains in the 90ies. Job changes while on H1 are quite easy nowadays and are common.
Posted by JoeF2 (1306 comments )
Link Flag
Open requests to US workers?
There's a piece over at Infoworld about the Dept of Labor stonewalling a request by the Programmers' Guild to publish nearly 28000 jobs being targeted for H1-B visas so that US workers could apply as well.

The program seems more and more to be a push by businesses to hold down labor costs by threatening to replace experienced domestic IT staff with lower-paid offshore talent.
Posted by rkhalloran (40 comments )
Reply Link Flag
Anti-immigrants
The so-called Programmers Guild is an anti-immigrant group. They don't represent programmers. Their agenda is to get rid of the H1 program.
Posted by JoeF2 (1306 comments )
Link Flag
H1 B writes...
Hiring of H1B results in so many other things getting benefited,
1. Lot of work for the lawyers.
2. Lot of money into USCIS coffers(much of the money goes into retraining US workers).
3. Remember, H1Bs too buy cars, rent apartments, have children and need to send them to school.
4. All that the american society offers need consumers, right otherwise, your portfolios will just melt away.
5. As written in the most recent post, H1Bs contribution to Social security and Medicare is money down the drain as far as the immigrant is concerned.

So, relax, H1B's too are contributing to run the economy and it sounds too "protectionist" when americans write that H1Bs are stealing jobs. Not to forget, the immense sacrifices that a H1B does to disclocate himself from homeland to seek fortunes elsewhere, ISNT THIS HOW AMERICA WAS CONCEIVED BY FORE FATHERS?

All this is convoluted, companies bottom lines are increasing, they are reporting profits, your portfolio is growing better and better every quarter, your nestegg is growing, why should anyone complain?

Yes, it is about money. As with everything in business and life, there are black sheep. Some are taken advantage of (even i was underpaid at one time), I dont regret it nor have anything to complain...I saw it as working on the shop floor, learnt it the hardway and today, every dollar that is being to me is worth the salt...Most of what is written about H1Bs is true here and NONE of them complains and are willing to hang their heads down and work for the sponsoring company until the green card comes through(4-5years)...this is a precedent set by other immigrants.
Posted by (1 comment )
Reply Link Flag
stop the invasion!!!
turn the cap off and increase work for people in the US for crying out loud... everyone's coming here for jobs - we can't become dependant on these foreign workers... who knows how much sensitive and personal information has been leeched to criminals.... its bad enough indian help-center people are stealing personal info - there's a serious security issue with these guys having access to everything via their IT jobs....
Posted by eyepoker (169 comments )
Reply Link Flag
And Americans are not stealing???
Yet another clueless xenophobe...
Posted by JoeF2 (1306 comments )
Link Flag
Re:Stop the Invasion !!!
Your country is a land of immigrants. I urge you to remember that.

Moreover look at the business practices of your companies that operate in all parts of the world.

I accept that the so-called skilled workers are not geniuses. But the reason your IT industry is moving at a rapid pace is due to large number of foreign manpower.

And if there are loopholes in the system, they are caused by your 'honorary' statesmen &#38; politician primarily for the purpose of making money through rich donor companies. Don't curse the immigrants for exploiting these loopholes.

Moreover I do not segregate between indians, americans &#38; chinese. For me all are humans &#38; if you cant learn to co-exist, I can only be sorry.

America is a great country, truly a land of dreams. Don't tarnish that image!
Posted by (2 comments )
Link Flag
The Truth About the H-1B
Here is the TRUTH about the H-1B visa:

There is no reason to bring in more H-1B workers. There never was a shortage of qualified software professionals in the USA, and there certainly is NOT a shortage now. The H-1B is used to drive down wages which turns college students in the USA away from the industry.

The H-1B is damaging the competitiveness of the US tech sector.

All the facts are taken from the following research done at University of California, Davis by Norm Matloff, Ph.D <a class="jive-link-external" href="http://heather.cs.ucdavis.edu/matloff.html" target="_newWindow">http://heather.cs.ucdavis.edu/matloff.html</a>

<a class="jive-link-external" href="http://heather.cs.ucdavis.edu/Summary.html" target="_newWindow">http://heather.cs.ucdavis.edu/Summary.html</a>

And the full, 100+ page report:

<a class="jive-link-external" href="http://heather.cs.ucdavis.edu/Mich.pdf" target="_newWindow">http://heather.cs.ucdavis.edu/Mich.pdf</a>

1)The H-1B visa is used for cheap labor:

# UCLA study; 33% pay gap.16

# Cornell University study; 10.4-29.6% pay gap.17

# UC Davis study; 15-20% pay gap.18

2) H-1Bs are typically de facto indentured servants, thus exploitable:

# Still immobile if sponsored for green card, in spite of 2000 legislation.

# The Immigrants Support Network (www.isn.org) said that the H-1Bs are "...indentured servant[s]...modern day slave[s]."

3)H-1B workers are NOT the "best and the brightest":

# I have always strongly supported bringing in the "geniuses" from around the world. But only a tiny percentage of H-1Bs fit this description.

# 99% of computer-related H-1Bs make less than $79,400 per year, certainly not genius-level pay in a field in which the median salary for all Software Application Engineers in 2001 was $70,210.26

# Of 54 recipients of the ACM System Software Award through 2001 (this is the award most closely associated with innovation in practice), only two have been foreign-born.

# Foreign computer science/engineering doctoral students in the U.S., who often later become H-1Bs, have generally been of ordinary quality, not "geniuses." The foreign students are disproportionately enrolled in the academically weaker universities, and their representation in the ACM Dissertation Awards has been proportionally lower than their enrollment numbers.

# True international recognition, not merely the possession of a doctorate or publications, should be the criterion for "best and brightest." The current National Interest Waiver system works well, though the related O visa might need updating.

# Industry lobbyists often cite a study extolling the entrepreneurial activity of immigrants in Silicon Valley. However, the study does not claim that immigrants are more entrepreneurial than natives, and in fact the study data show that the rate of immigrant entrepreneurship is less than immigrant representation in the tech workforce. Similarly, immigrant-founded companies have generally not made pathbreaking advances in technology.

4)H-1B workers are NOT better educated:

# The industry statement that 40-50% of U.S. doctorates in computer science are awarded to foreign students is accurate but misleading.

# The Ph.D. issue is a red herring in the H-1B debate. Only 1% of computer-related H-1Bs have a doctorate.

# we get a rough estimate that about 7 percent of computer-related H-1Bs have Masters degrees in computer science from U.S. schools.
Posted by (9 comments )
Reply Link Flag
Matloff has been shown wrong a long time ago
Repeating his flawed data doesn't make it any more valid...
But it is obvious that you rather listen to some anti-immigrant than getting informed by real sources, e.g., economists.
Posted by JoeF2 (1306 comments )
Link Flag
Grim Reality
I think that the grim reality is that the people in the neat offices
are just concerened with their next bonus and the politicians are
just concerened with the next election. So they're busy playing
pocket pool with each other. They're only concerened with how
big a pile of cash they can accumulate in a very short time.

The competiviness of America is all mumbo jumbo.

It's a strange world when the last Democratic President balanced
the budget and the conservative Replublicans are busy doubling
the government and spreading democracy around the world.
Except for America where it's bad for business.

Can't do much about the business guys. But we can sweep the
politicians up for midterm elections out of office. Naturally
whoever replaces them will propably be ethically challenged
also. But we'll have their attention.

What's Globalization done for you lately?!?
Posted by waynehapp (52 comments )
Link Flag
Good Job, Blue Dun
Your post confirms fact and studies about the H-1B visa. I will use these facts to counter my employer's H-1B hiring practices. Joe Feise's arguments seem pointless compared to the research that you posted.
Posted by (2 comments )
Link Flag
is this facism?
its certainly not socialism.. or globalism... I guess if a good corporate citizen wants some creedo and of course... a better future.. the monster.com user will blow the whistle and enact policies to be an "equal opportunity employer".. and I dont think inflation rates and all that jazz conducted by fertinity elected monitary policy mongers will give thier elitist ways any menuverability when they hold their hand up in the air of the court of god. yah.. now they want to run off to the race track with that 401k..
Posted by (187 comments )
Reply Link Flag
Irrelevant
1. tech (cnet idc) pubs recycle this story every year. It looks good and really gets their readers all 'het' up under the collar

2. We're all poor schmucks, only some of us realize why, 2 million jobs disappeared after 2000 what's that vs. stupid H1B 65K.

3. No jingoist red-neck training a "**********" is a significant factor in terms of net job gains/losses for the whole economy.

4. Whole R&#38;D and engineering support departments at local Silicon Valley Fortune 500 tech companies have been off-shored.

5. New jobs are going to foreign divisions or suppliers.

6. Don't read tech mags for labor and economic issues

7. Learn to see the big picture even if it hurts.

Cheers,

That's a 15min. I'll never get back!
Posted by (6 comments )
Reply Link Flag
Ongoing tech market problems
(a) businesses offshore expecting to save money; this has had mixed success depending on controls.

(b) businesses import workers on programs like H1-B expecting to get them in at lower wages than domestic workers.

(c) A and B are aggravating the glut of unemployed/underemployed tech workers left over from the dot-bust, many of whom are still dreaming of the glory days of the 90's when they could make buckets of money with little experience. Most of these folks need a loud wake-up call, but some are getting slammed simply for the sake of quarterly earnings reports.

The Fortune 25 company I work at has done both A &#38; B, and cut back noticeably on the in-house development staff. It's certainly been good for the bottom line, but it's left the IT staff looking over their shoulder at 4Q every year waiting to see if they'll still have a job.

Joe Heise, you can say what you like, but this appears to be the reality of the US IT market right now. It was manufacturing in the 80's, it's IT now. Are we setting ourselves up to be a nation of low-end retail workers and project managers to offshore firms? I have to wonder...
Posted by rkhalloran (40 comments )
Reply Link Flag
Premise is wrong
People on H1 have to be paid the same as Americans, so since your premise is wrong, your conclusions ar wrong as well.
Posted by JoeF2 (1306 comments )
Link Flag
Change H1-B
I think they should make a minor change in the H1-B program.
Simply allocate the 65,000 visas for those people with Masters
degrees from accredited US universities with preference for
those with both Bachelors and Masters from US colleges.

This would actually retain valuable US educated brain power and
encourage those who have already made a serious investment in
this country.

It would also short circuit most of the anti-immigrant cracker
commentary we see here.

Yowza!
Posted by (6 comments )
Link Flag
the tech industry economy
the technology industry has evaporated. As a result internet
bubble workers are deemed inexperienced. Otherwise
experienced workers don't have the "right skills."

So we're a third world service economy with first world cost
structures. And as long as politicians aren't held accountable by
everybody our structural problems will continue.

Wait hold on I have order a large screen TV with the credit card
check that just came in the mail.

Yowza!
Posted by (6 comments )
Link Flag
Fired
If I get fired after reporting it, will you hire me?
Posted by (8 comments )
Reply Link Flag
Whistleblower protections
If you would get fired after reporting violations, you would get rich. That what whistleblower protection is for...
Posted by JoeF2 (1306 comments )
Link Flag
Often, when an employer pays an H-1B worker a lesser wage than that paid to U.S. citizen workers doing exactly the same work/duties, there are laws broken and fraud occurring. Government oversight and enforcement as to H-1B wage fraud has been lax, and this has facilitated employers' fraud and unlawful underpayments of H-1B workers.

Notwithstanding the government's lack of oversight, underpaid H-1B workers themselves often have legal (civil and govt/administrative) enforcement mechanisms available that have a lot of teeth. H-1B workers' use of these existing laws could force many employers to stop unlawful underpayments and/or fraud, if more H-1B workers were aware of these laws and knew how to go about pursuing their legal rights.

For example, if a fraudulently underpaid H-1B worker filed a federal fraud complaint, applicable law may allow triple damages (three times the lost wages or other monies) that the worker suffered due to the employer's fraud.

If many more H-1B employers were faced with H-1B workers seeking these significant legal rights and damages/monies, I believe this would depress H-1B underpayments, help equalize wages between H-1B and U.S. workers, and help realign the H-1B program to what it's intended to do (have specialized workers working in specialized areas of need at appropriate wages). Of course, it would also help immensely if there were more government oversight of, and action against, H-1B fraud.

There is more information about H-1B underpayment issues, and H-1B workers' legal rights, at this blog site, which is authored by an immigration attorney and myself (I am an employee-rights attorney):

http://h1blegalrights.com.
Posted by h1blegalrights (1 comment )
Reply Link Flag
 

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