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The fight never ends over H-1B visas

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This week, Fierce CIO reports on the latest ruling by a federal judge who refused to halt the Bush administration's extension of student visas from one year to 29 months.

Opponents charged that this policy was a backdoor way for foreign students to get a better shot at an H-1B visa. Proponents said the extension was needed because the visas are generally allocated in early April each year prior to the close of the academic year, making it difficult for new graduate to stay and get hired here.

As this controversy and the broader debate over the number of H-1B visas alloted continues, it's clear that the United States must deal with the vexing issue of foreign workers and the U.S. tech sector.

We hope that a new administration--from whichever party--will see fit to take this issue by the horns and work with Congress to find a way to help tech companies get more qualified workers, while also finding a way of increasing educational and job opportunities for U.S. students and IT workers. It's time for the tech world to get the trained workforce it needs to get the job done. - Judi

Comments

The purpose of the H1-B visa program is to import Cheap Slave Labor and to lay off the US citizen workers.

"Reform" of H1-B would be easy:

1. Make it a rule that, after 1 year, the H1-B worker can change jobs freely. No approval or processing would be needed by anybody.

2. Make it clear that changing jobs will not put the worker "at the back of the line" to get a Green Card.

3. Make it a rule that, during the first year, the employer must pay $90/hour.

Anyone who is opposed to these change proves that they are, in fact, in favor of Cheap Slave Labor.

Agreed. It's nonsense that I should compete for VISAs with code boys?

--A non-U.S. citizen.

so how does it feel to support discrimination against American workers, including African Americans, Ms. Hasson.

Did you ever think you would grow up to be one of 'them'?

I guess it's 'different', when YOU are part of it

search youtube for perm fake to see outright h-1b discrimination

Only the 'pay them $90 an hour' will work, because that will expose the lies that they are the best and brightest we just can't live without. Foreign students are supposed to go home and build up their own countries, not stay here and compete with American breadwinners for scarce jobs. American workers already have tremendous education, experience, and skills - they are simply being bypassed by American companies.

There are plenty of qualified workers; they're just not as cheap as employers would like. The point of the H1B program is to divert money from engineering to executive compensation by replacing professional engineers with inexpensive, young, Indians who are deported if they're fired. When the quality of their product plunges they blame "market conditions" and leave with their golden parachutes.

The H-1B worker is bound to the sponsoring employer. H-1B workers live in fear of losing that employer's sponsorship and will work as hard and as long as employer requires (up to six years). It is the 21st century's version of slavery. Some might argue that these folks come here voluntarily. But if their only other option is the poverty of their home country, there is no option and no choice. Hence, the involuntary aspect of the indentureship. I agree with Dave. After one year with the sponsoring employer, if the H-1B desires, let the H-1B seek employment with another company with no penalties.

Even this fight is still going on. The judge refused to give a PI. The case continues on. The next round is in November. With another round scheduled for December and another for march.

Hello. Agreed, H1b is all about cheap labour, 21 st century slavery. In the technology field, the skills needed changes more frequently than you guys think and to stay afloat one need to constantly upgrade their skills. If you don't possess the skills needed the lay off is certain, its universal. Many of the h1bs upgrade their skills or loose their jobs. Tell me in todays competitive world, global economy, will you hire somebody who has the skills and get the job done on time or wait for the guy to get trained and accomplish the job. Its very easy to say when its not ones own money. If an employee can switch jobs just b'se he gets a high pay and more benefits than their current employer, why not employers hire people with the skills they need and move on. Be rational people. I respect the american government and their policy and have firm beleif they will do the right thing.

The OPT extension is a de facto H-1B increase. Judge Hochberg totally denied that H-1B harmed U.S. workers, and used that to rule that the plaintiffs have no standing.

Everyone in the debate over OPT understands that the extension is just a way to get around the H-1B cap by putting more foreign students in a holding pattern until they can get H-1B visas. The judge's ruling should be easily defeated on appeal because she based it on opinion, not facts.

Putting aside the debate on OPT or H-1B, the extension by the DHS is an unconstitutional subversion of the authority of Congress to legislate immigration law.

This is how the US IT contracting market works. There are three beneficiaries of the game.

1) The American client(includes Indian majors): Saves a lot of money by hiring a contractor, instead of paying the benefits associated with a full-time position. Prefers to look the other way with regards to all activities taking below his/her own domain of influence. Prefers to hire candidates with at-least 5 years of experience on paper in a myriad of technologies. Doesn't care to check if the experience is genuine or fraudulent, wants to avoid doing costly background checks.
2) The Indian(desi) vendor: The middleman who takes advantage of his/her green card/citizen status, by acting as a pipeline between the client and the employee. The green card is an immigration platform for the H1B holder, which if s(he) loses is subject to deportation. Bills twice the amount to the client and pays half to the H1B holder.
3) The Indian employee: Usually the most gullible of the three, is scapegoated into faking a resume, with the requisite 5 years of experience in the plethora of sought technologies, often learning all of those in a rapid-track training session, does it with impunity due to need to kickstart an IT career and the lure of earning dollars. The fresh graduate, usually a masters or phd student, again takes refuge in the Indian vendor, for escaping the clutches of the immigration law, which deems that s(he) is subject to deportation immediately on failure to have/maintain a job. Currently F-1 OPT regulations allow a grace of 90 days to find a job, H1B does not have a single day grace period. As direct hire positions are very less in number for international students and due to the stringent OPT time-frame of finding a job, often they (usually of Indian origin) take the Indian vendor route. Of course, international students of other nationalities also sometimes take this route.

Vulnerable Indian job-seekers get exploited further by NOT KNOWING OR UNDERSTANDING THE LAW. The truth is prospective US - IT job seekers willing to get a H1B are much more than the demand in the US market. Indian vendors (can be a tier-one Indian consulting company-the biggies, but usually a mid-sized staffing/placement company located anywhere in the US), by virtue of the owner(s) having a green card/US citizenship, have the power to sponsor(for immigration purposes) candidates for jobs. What the Indian vendor provides is a immigration platform for the Indian employee, because US immigration regulations stipulate that the moment(not even a day's grace period is allowed) a candidate loses his job, he is subject to deportation to the home country. Of course, upon reaching the USA, it is revealed that there is no job available and job-hunting with a real American client begins then. The Indian vendor exhorts the employee to pads his/her resume for the minimum 5 year requirement imposed by the American client. All's well that ends well, no questions asked!!!!

Get a clue Judi. Did you ever think that part of the whole financial implosion in this country - mortgages, car loans, credit card deficits and foreclosures are because many people have lost their job and have had to take a lesser job because of this influx of cheap labor? It's labor dumping plain and simple.

Government employees are next to see layoffs and pay cuts because the middle class who were making $80K to %$130K are now making 2/3 less. They cannot buy cars, they cannot re-finance houses, they cannot go out and spend money because they don't have it to spend. Do some research and connect the dots.

Cities are starting to see layoffs and budget cuts. WHY? Because the revenues are not there anymore. Economists don't seem to undersrand the interrelationships. Stop looking at unemployment numbers and start looking at underemployment of skilled and degreed people.

H1Bs do NOT re-circulate money in this country either. IF they send half of it home - that is even more money taken out of our economy. Cheap labor? Dream on.

Another anonymous said, "In the technology field, the skills needed changes more frequently than you guys think and to stay afloat one need to constantly upgrade their skills."

This perpetuates the lie that Americans are being let go because their skills are stale. And that companies cannot afford to spend time cultivating their employees. I'm old enough to remember the golden age of American business, when we were the undisputed world leader in technology and engineering. No waves of docile foreigner workers then, companies groomed and trained American workers - and turned a huge profit and became the leaders of the world.

American companies no longer train their own people, they simply discard American workers and bring in planeloads of foreign workers who claim to have the latest skills. The American workers were kept crazy-busy and given raises to tranquilize and beguile them until the pink slip came. I know many American workers who kept learning and training in spite of their companies' reassurance, only to get a pink slip along with the rest when the time came to dump Americans. Worst of all, many American workers have actually been forced to train their foreign replacements before being let go. How bad could they have been?

Our nation is now in financial meltdown. Back in the day, a man who worked for a company could count on being rewarded and not stabbed in the back. Those were America's most prosperous times. Now everyone is a short term contract worker whether they know it or not, and our society is collapsing. Cheap foreign labor is the toxin that killed America.

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