Monday, January 01, 2007

H-1B Immigration: How American Jobs Are Being Stolen From American Workers Through "Reverse Outsourcing"

Much has been said regarding the outsourcing of jobs outside the United States. However, outsourcing is actually a two-way street. Reverse outsourcing, in which foreigners are imported into the United States to take jobs, is permitted by Federal immigration law. Imported workers are generally issued either H-1B visas or L-1 visas. From the website comes brief descriptions of these categories.

H1-B Visas: The paperwork must be filed by the employer. An H-1B immigrant may remain in the U.S. a maximum of 6 years (although foreigners working on special Department of Defense projects may remain for 10 years). The maximum number of H1-B visas granted each year are 65,000, although an additional 20,000 foreigners with Masters or higher-level degrees may be imported outside this cap. Consequently, an overall maximum of 85,000 foreigners may be imported to take jobs in America. The employer does not need to show proof that Americans will not take the jobs that are being offered to the foreigners.

L-1 Visas: Again, the paperwork must be filed by the employer. These visas are awarded to a much narrower category of foreigners. They must have worked for the company in question for at least a year, and it must be an manager/executive position or specialized knowledge staff position (no first-line supervisors or production workers). There are no apparent limits to the number of foreign workers who may be imported under this category. The employer must aggressively advertise the position to Americans unsuccessfully (and be able to show corroborative documentation) before offering the position to L-1 foreigners.

In both cases, the employer is not allowed to fire incumbent workers to make room for these foreign workers. These workers can only fill actual or projected vacancies. However, this rule more often than not is honored in the breach. I've personally read several accounts of software companies in "Silicon Valley" who have terminated American workers to hire foreign workers at 50% or less of what the American workers were earning. At no time did it occur to the employer to offer the American workers the right to first refusal of the job at reduced wages, which would have at least given the American workers some choice in the matter. In several cases, the terminated American workers were subjected to the additional humiliation of being forced to train their foreign successors in order to receive any severance pay. One of the most graphic accounts of this abuse follows.

The website has posted an essay by Simon Jones, entitled "Will India Destroy the United States?", in which he provides a first-person account about how he and his former co-workers had their jobs in the U.S. literally stolen out from under them through "reverse outsourcing". His former employer used H-1B immigration laws to import foreigners from India into the United States, NOT to fill any actual or projected vacancies, but to SUPPLANT American workers. Due to the severance agreement he signed with his former emplyer, Jones is required to change the names of his former employer and co-workers in this essay.

Will India Destroy the United States?

By Guest: Simon Jones on December 30th, 2006

The title to this article may sound extreme. You be the judge. After responding recently to articles about the Indian invasion of America, I was finally encouraged to write an article about my experiences in the high-tech industry. Because of severance agreements, the names of my former company and former coworkers have been changed.

I am a computer programmer, and have been for 15 years. I worked for a company TechnoDataCode in California for 6 years, and I was the director of one of the R&D projects.

About a year ago, most of the other American employees and I were fired and replaced with people from India on H-1B and L-1 visas. The people from India were making only a fraction of what we Americans were making. I was making $110K a year; my replacement, $37K. The people under me were making about $75K; their replacements, about $29K. [Ed. Note: And how do you suppose those Indians live in expensive Silicon Valley on those wages? Why, they probably cram themselves 5-6 at a time into dinky little bedsitter apartments, overloading the safety and sanitary capacity of the facilities and disturbing the peace of the neighborhood.]

To keep my severance pay, I was required to stay on for an additional six months (after the other Americans were fired) to train the replacements. This was probably the most humiliating experience of my life.

What I describe above is happening now every day. Many of my friends in high-tech have also recently been fired, and are being replaced with cheap imported labor from India or China. Microsoft says there is a “high-tech shortage,” which is a lie. Almost every American programmer I know is now unemployed and has been replaced by a cheap import. There is not a “shortage.” Big business only wants more cheap labor.

But the story only gets better....

You would think that the Indians would be appreciative of being allowed to work in the United States, but this was very far from the case. Most of their conversations involved extreme hatred of America, Americans, and anyone of European descent.

Here are some examples of their daily conversations:

* Indians are the real “Aryans.” The Human Genome Project shows that Indians are closely related to Africans. Thus Indians and Africans are the real “Aryans.”
* All people of European descent (i.e. all whites) must be exterminated
* Blond hair and blue eyes are inferior traits. By the year 2090, all people with blond hair and blue eyes will either be bred or executed out of existence.
* One day India will invade and take over. It is India’s destiny to rule over whites.
* Christianity is a disease that can only be cured with a bullet

Although most of the Indians were Hindu, a few were Muslim, and they were quite openly fond of Bin Laden. The Hindus, however, seemed to hate white Americans just as much as if not more than the Muslims. On this they could agree.

And then there is the story about Praveen.

Praveen, a Hindu from Northern India, was often very “touchy” with me and the other Americans. He was always shaking our hands and patting us on the backs. I noticed too that after touching me he often left “red marks” on my clothes, and on others’ clothes.

There was also a break room that only a few Americans frequented (Indians never visited it). And Praveen was always in there tampering with the coffee machine.

After seeing him one day pricking himself with a safety pin to make himself bleed, it all came together. He was trying to transmit his blood to others - either by direct contact or by putting it in the coffee machine.

Come to find out, he was HIV+ and was trying to transmit it to the Americans.

Praveen went back to India shortly after that, so no criminal action was able to be taken. But a few of the other Indians did transmit HIV to a couple of the American women - and seemed very proud of it.

Management of the company was informed of this, but they did very little to look into it. When I told our CEO that I suspected that the Indians were spreading HIV around the workers, he called me a “racist” and told me to be quiet.

I’m sure he was aware of what was going on - but simply did not care. Cheap labor is cheap labor, that that is the bottom line for big business.

The only loyalty of big business is profit, and they could care less about American workers, American values, or the well-being of the United States.

And what about the future of America?

Are we going to auction off every American job to low-paid imports until there are no good American jobs left? Are we going to let third-world hordes take over our high-tech sector until not a single American is left in any important position?

The only effective and patriotic way to stop this is by massive deportations of all the cheap labor from India and China. Otherwise, with the help of big business, we are well on our way to becoming a third-world country.

The law firm of Sheela Murthy, which provides immigration advice to clients, has posted their interpretation of this law on their website:

H1B Prevailing Wages

The employer must attest that it will pay "no less than the greater of the following:”

1. The actual wage level paid to all other individuals at the worksite with similar experience and qualifications for the position in question; OR

2. The prevailing wage for the occupational classification in the area of intended employment. [Ed Note: The prevailing wage for a senior computer programmer in Silicon Valley is a bit more than $37K]

In any of these wage determination situations, the employer will need to keep on file for inspection the documentation upon which the company relied to determine the wage to be paid. The Labor Condition Application (LCA) can be filed no earlier than six months before the beginning date of the period of employment, as indicated on the LCA.

The LCA is valid for a maximum period of three years. This means that the validity period of an LCA may not exceed the validity period of an H1-B petition, which is also three years.

Working Conditions

In addition to attesting to the appropriate wage, the employer must attest that prospective employees will have the same working conditions as others similarly employed and that the employment of prospective H1-B workers will not adversely affect other employees.

If there are no similarly employed workers in the company, then we must be able to show the conditions are similar to those existing in like business establishments in the area of employment. Working conditions include hours, shifts, vacation periods, and fringe benefits.

Additional Obligations for H1B Dependent Employers

For so-called H1B-dependent employers (defined below), there are additional promises or "attestations" that must be made on the LCA: that no U.S. workers in similar positions have been or will be displaced within 90 days; that if the worker will be placed at another employer site, the petitioner has inquired of that other employer and found that no U.S. worker has been or will be displaced within 90 days (if this displacement does take place, the petitioning employer could be held liable); AND that the company has recruited for a U.S. worker to fill the position and has offered the position to any such worker who is as qualified as (or more qualified than) the H-1 beneficiary. These requirements will go into effect after the final regulations and a new version of the LCA, which is yet to be published, are issued.

Please note that if the beneficiary holds a master's degree in a relevant field, or will be paid $60,000 or more, then the H1B beneficiary qualifies as "exempt" and these additional attestations are not required, even if the employer meets the definition of "H1B dependent." Also, for a beneficiary who would appear to qualify in one of the "EB1" immigrant categories, the recruitment attestations would not apply. Under the law it is unclear what type of proof will be required so that the beneficiary could qualify for that exception.

So it appears the law allows employers to replace American employees with H1-B immigrants, as long as the employer gives 90 days notice. However, to terminate American employees at an American company merely to hire cheaper foreigners specifically imported from outside the United States for that purpose is beyond despicable - it's economic treason. Got rope?

It's also questionable whether the salaries for the H1-B workers reflected the mean within the occupational classification in the geographical area of employment. Perhaps $110K for a senior computer programmer in Silicon Valley may be a bit high, but $37K? That's unrealistic in that area.

Also note the reported attitude of the foreign workers. They acted like mercenaries or conquerors, showing no gratitude to the nation that opened its borders to them. If a crisis developed between the U.S. and India, we know what side they would take - and it would not be ours.

It is time to completely phase out the H1-B and L-1 categories altogether, over a period of three to five years to allow employers time to adjust. And adjust they will, even if they kick and scream every step of the way. They will be forced to find Americans to do the job, and they'll be successful, just like Swift was when some of their meat-processing plants were recently raided. To make up for the lost foreign workers, Swift advertised for replacement workers, and surprise - Americans lined up in droves to apply for those "jobs that Americans won't do".

Rep. Tom Tancredo (R-CO) has introduced HR 1325 to end H-1B immigration. Click HERE to read more about this effort.

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1 comment:

  1. Great blog entry. That was very informative. Thanks.