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devilgrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:41 PM
Original message
Kerry's "Plan for America" and H-1B visas.
Hi all, a good friend sent me this (sorry, it's long...) and I thought I would share it with you all. Let me know what you think and what can be done about it.


---------------<<<>>>---------------
JOB DESTRUCTION NEWSLETTER
by Rob Sanchez
August 03, 2004 - No. 1071
---------------<<<>>>---------------

Presidential hopeful John Kerry just published a 263 page "Plan for America". Go here to see it: http://www.johnkerry.com/pdf/our_plan_for_america.pdf

It's a long document that contains no direct reference to H-1B. Considering the length of the document it's disappointing that so little is said about such an important topic. In addition to avoiding H-1B, Kerry skirts most issues of outsourcing and immigration.

This is a summary of Kerry's plan as it pertains to nonimmigrant visas and offshoring.

1 - Kerry supports the H-1B program and believes there are shortages of engineers.

2 - Kerry will give amnesty for "undocumented workers" who have worked in the United States for 5 years. I assume this would include most out-of-status H-1B and L-1 visa holders.

3 - Kerry will remove some minor tax breaks given to companies that move overseas.

4 - Kerry will give a huge tax break to almost all American corporations, including those that employ H-1B and L-1 visa holders, and "undocumented workers", and those that employ foreign workers overseas.


The rest of the newsletter discusses each of these four points in more detail. I don't pretend to have read the entire document so there are probably more passages of interest that may be discussed later.


1 - Does Kerry support H-1B?

All politicians who support H-1B and/or L-1 say that a better job should be done to protect American workers. These promises are nothing but "feel good" rhetoric to placate angry workers. We need better enforcement of the regulations, but enforcement alone cannot compensate for the fact that these guest-worker visa laws are full of loopholes that were intentionally put in to give companies the ability to reduce salaries by replacing American workers. The statement below by Kerry has been repeated by every major politician that has voted for H-1B:

"Our worker visa system should be fixed so it protects the wages and working conditions of U.S. workers and temporary workers. (p 214)

Kerry believes that the U.S. is falling behind China and India because they graduate more engineers. Kerry doesn't consider the quality of those engineers - only the total number and he then stretches logic by concluding that we have a shortage. These countries have vastly larger populations so it stands to reason that they will graduate more students of all kinds. That doesn't mean that we are falling behind anymore than it means that Germany or Switzerland are falling behind us because the U.S. graduates more students.

Today, Americans compete with workers on every continent. Information flows across oceans. High-wage jobs are more dependent than ever on high-level skills. In America, 60,000 engineers graduate a year - about one-tenth the number produced by India and China. No wonder we are falling behind in the competition for high-skill jobs. (p 88)

The last sentence in the following paragraph is a wholesale endorsement of H-1B. It sounds very similar to the numerous editorials that have been recently planted by CompeteAmerica that want to exempt foreign students from the H-1B cap. Kerry seems to think that Bush is putting too many restrictions on H-1Bs despite the fact that Bush wants H-1B to be unlimited. Kerry doesn't say specifically why he thinks Bush is restricting H-1Bs but seems to be complaining about the new security screening being done for workers who are applying for H-1B visas and foreign students who want visas to go to our universities. It's not clear if Kerry understands that H-1B and student visas have been used by terrorists, or perhaps he doesn't care.

President Bush and his administration are compromising our future on each of these counts. By employing inappropriate immigration practices, they are turning critical scientific talent away from our shores. (p 86)


2 - Does Kerry support amnesty?

Democrats and Republicans tend to support amnesty for different reasons, at least as far as their rhetoric is concerned. Republicans tend to use faith-based trade rhetoric, while Democrats tend to use "we are the world" blabber. Rhetoric aside, their real agenda is strictly a corporate cheap-labor agenda. Kerry wants to help everyone in the world with opportunity but he doesn't seem to see a distinction between U.S. citizens and everyone else. Globalists such as Kerry tend to view all workers in the world as equal and therefore think that it doesn't matter where jobs are created.

He will recreate an America that provides opportunity to all at home or abroad who can help us make progress together. (p 86)

Kerry avoids addressing H-1B directly, but not so with amnesty. He thinks that if illegal aliens have paid taxes for five years they should get amnesty. Kerry probably didn't question how these "undocumented workers" pay taxes without making fraudulent social security cards. Since out-of-status H-1B and L-1 visa holders probably meet the 5 year criterion it's probably safe to assume that Kerry wants to give them amnesty also.

We support giving undocumented workers who have lived and worked here for five years, who pay taxes, and who are successfully screened for security purposes, a path to citizenship. (p 38)

3 - Will Kerry penalize the offshorers?

Kerry's plan to cut some tax loopholes for companies that move overseas sounds like a "get tough" attitude, but it's all bluff and very little substance. These tax deferral's will not discourage companies from going overseas as long as foreign labor is 1/10th the cost of labor in the United States. Lou Dobbs has often made the comment that most of these companies don't pay taxes so Kerry's removal of taxes is somewhat meaningless. If offshoring companies have to pay a few more taxes they will just consider it another cost of doing business overseas.

Close the foreign tax deferral loophole that encourages companies to send jobs overseas,

The tax loopholes that Kerry wants to close is not going to discourage companies from going overseas because it's a minor part of the tax breaks that corporations get.

This, in a nutshell, is why John Kerry's proposal to reduce the export subsidy will have almost no effect on the offshoring of U.S. jobs:

But GE's clout stands out. Of one provision eventually worth $2 billion a year, GE will reap an "overwhelming percentage," said John Buckley, chief tax counsel for the Democratic staff of the House Ways and Means Committee.

"They're getting a lot more out of this than they ever had" from the export subsidy.


(to learn more about this, read the newsletter "GE Lobbyists Mold Tax Bill" July 15, 2004 - No. 1055)

4 - Will H-1B employers get a tax break?

Kerry puts very few restrictions on this massive tax subsidy to rich corporations. Since Kerry didn't specifically disqualify companies who employ foreign labor by using guest-worker visas and "undocumented workers", and since Kerry doesn't have a problem with the hiring of foreign workers, I assume that these employers will qualify for Kerry's corporate hand out. Most surprising is that Kerry's tax break doesn't appear to disqualify companies that outsource to foreign countries as long as they hire a few people in the U.S.

Second, I will invest the savings from reform in new incentives to create new, good paying jobs here and to lower corporate taxes by 5% to make all our companies more competitive.


Conclusion: This letter should in no way imply that I endorse Bush or Kerry. I think we all need to examine both candidates objectively before we decide who to vote for. So far I cannot see a dimes-worth-of-difference between them on the issues of immigration, nonimmigrant visas, or offshoring. Since Bush is not about to change his attitudes on these issues it still seems that Kerry is the only hope for change, but only if he can be convinced that his pro H-1B and amnesty policies are not popular with the public and could cost him the election.


**************************************
YOU CAN STILL CALL THE KERRY CAMPAIGN
**************************************

If you call, be sure to insist that the H-1B limits should be lowered, not raised. Do not let them get away with telling you that Americans are somehow protected against replacement or salary degradation. If his campaign people continue to plead that they don't know what H-1B is, tell them that Kerry voted in the year 2000 to raise the yearly cap on H-1B to 195,000 - and then ask why they haven't heard of it.

Kerry campaign headquarters is at: (202) 712-3000.

Email is less effective but give it a try. [email protected]

Document your experiences when you call because I may use them for future newsletters. Be sure to indicate to me whether you wish to remain anonymous.

- - - - - - - - - - - - - - - - - - - - - - - - - -
www.ZaZona.com
Support this Newsletter and ZaZona.com by donating:
www.zazona.com/Donations.htm
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NewYorkerfromMass Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:44 PM
Response to Original message
1. Let's cut through the bullshit here
Kerry's (and Edwards) understanding of America's economic problems is superior to Bush's. Vastly so.
This is GOP propoganda you are posting here.
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devilgrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:46 PM
Response to Reply #1
2. No, it's not GOP propaganda...
however, it is an issue that should be discussed, don't you think?
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sangh0 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:49 PM
Response to Reply #2
3. It's not GOP propoganda, but it's not true either
Basically, the author expects us to believe his/her characterization of Kerry's economic plan without providing any info to back it up besides "Kerry's plan is really long"
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JHB Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:59 PM
Response to Reply #3
9. It doesn't matter if it's true...
If it is, then lobby Kerry & congress after he wins.

The one thing you KNOW is: If Bush wins, everything will get worse.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:50 PM
Response to Reply #2
4. The site supports Tom Tancredo, Republican racist of the year
Edited on Wed Aug-04-04 01:51 PM by nothingshocksmeanymo
and the site is located in Arizona where they were able to defund unions via Right to Work for NOTHING laws...they fucked themselves thinking AZ's population would stay low and keep wages higher..but as AZ's population has grown they are getting screwed.


One MAJOR flaw...those tax breaks are not minor
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devilgrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:53 PM
Response to Reply #4
5. Really? Thanks for the info!
I'll pass along this info and the rest of the comments! Thanks for everyone's responses.
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sangh0 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 02:13 PM
Response to Reply #5
12. The next time, you should check your sources
Always check your source. The home page of that site has a big icon for Tancredo. It was hard to miss
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devilgrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 03:19 PM
Response to Reply #12
20. I never heard of Tancredo before this...
hey, you learn something new everyday right? :shrug:

I'm passing everyone's comments to the person who sent this to me - he probably doesn't know gory details either.
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 02:11 PM
Response to Reply #2
11. So what is your problem with H-B1 Visas? They allow people from other
countries to work in the US for a limited amount of time. I believe the length of time allowed is one year.

We get tons of students in Florida on H-B1 Visas who are essentially on a working vacation. Mostly they do hotel/motel housekeeping work.

The bad thing about this situation is that organized crime, both in this country and perhaps the Russian Mafia, are now on the scene bilking the students out of $$$$ and not giving them even reasonably living quarters and transportation as provided for in their contracts.

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aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 03:12 PM
Response to Reply #11
19. The length of time is six years (2 consecutive three-year periods)
The typical pattern for foreign students coming to US schools in F-1 (student) status is to complete their academic program and enroll in one year of what is called Optional Practical Training". In this program, the law allows them a period of 14 months in which to complete 12 months of on-the-job work experience in the field for which they just received their diploma. They receive a special work permit that looks essentially like the adjustment of status work permit, but marked as being strictly for Optional Practical Training. Typically, during this one year period they will also seek employment in the US in the area of the job skills in the H-1b category and file an H-1b when their one year of OPT expires. If they have the good fortune to find an employer to hire them, they can apply for two consecutive periods in H-1b status. At the end of the six years, they must depart the United States unless they can file for permanent residence and have a form I-485 on file. In the latter event, they may acquire a work permit while their green card is pending, but are no longer required to have H-1b status.

Personally, I think the H-1b program is fine, but there are abuses. The Form ETA 9035, Labor Condition Application that must be filed with the H-1b has allowed one abuse loophole that noone wants to address. It involves the prevailing wage issue. The employer in the region where the Form 9035 is filed must attest to the fact that the wage offered meets the regional prevailing wage that that occupation. If it doesn't, the application gets rejected. But the loophole is that the employer can simply check a box saying that their information is according to their own employer's survey. This allows their application to go through, even though no employers that I know ever bother to do a survey. It's a lie, in other words. But it does suppress the wages of US workers.

If not for this loophole (which could be remedied if politicians wanted to risk disappointing the corporate lobbyists), I think the H-1b visa is a great idea. Look through any scientific paper published in a major scientific or engineering journal. You will find that most of the cited footnoted papers have authors from China, India, or Japan working at US universities, most probably in the H-1b category. The contribution of the Chinese especially to such fields as chemistry, biochemistry, electrical engineering and so many others is awesome. Many of these students are studying in the United States and making world class contributions to science. Chinese universities such as Tsinghua are becoming major world class scientific institutions which groom these scholars. The Chinese are truly top notch and getting even better. The H-1b visa, by which almost all of the foreign Postdoctoral Research Scholars remain in U.S. universities and work after obtaining their Ph.D. is extremely valuable and it is helping to establish an international, peaceful, and cooperative exchange of knowledge and advancements in virtually every field of science and engineering. Not all H-1bs are used by technicians with a bare Bachelor's degree in computer science. The H-1b is a mainstay of U.S. universities to retain scholars for up to 6 years after they obtain the Ph.D., working on research projects from funding from such entities as the National Institutes of Health, to DARPA, and the Department of Energy, among many others.
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democrat_patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 05:28 PM
Response to Reply #11
24. My wife is here on an H1-B visa from England
and she had to jump through hoops - proving no American could do her job. The company had to interview americans first, and only than could they look outside vian an H1-B.

Now that were married, she had to change her name. She can't leave the country for 9-12 months, ore else she won't be let back in.

Her visa runs for 3 years and than she has to be sponsored by the company again.
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:58 PM
Response to Reply #1
7. And the other BS in this
is that it repeatedly makes assertions that are simply false. For example:

The last sentence in the following paragraph is a wholesale endorsement of H-1B.



A bold statement. So what is the sentence that the author characterizes as 'wholesale endorsement of H-1B' ?

No wonder we are falling behind in the competition for high-skill jobs.


:eyes:


I'd say when examined critically, it looks less like a mischaracterization, and more like a blatant lie.

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DaveFL99 Donating Member (301 posts) Send PM | Profile | Ignore Wed Aug-04-04 01:53 PM
Response to Original message
6. It's on John Kerry dot Com
so he's gotten his last donation from me. I'm gonna need the money since he'll replace me with an H-1B.

But I'll still vote for him. Maybe I'll have health care and social security when I'm unemployed.
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 01:59 PM
Response to Reply #6
8. Rob Sanchez is lying about John Kerry
see my post above.
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DaveFL99 Donating Member (301 posts) Send PM | Profile | Ignore Wed Aug-04-04 02:19 PM
Response to Reply #8
13. Thanks.
But I'm out of $$ anyway
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sybylla Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 02:04 PM
Response to Original message
10. Immigration issues are far to complicated to discuss
in the realm of political soundbites. I spend parts of seven years helping a friend from Belgium convert his H1-B visa to Permanent Residency status so I know what I'm talking about.

The content of the "newsletter" is more or less hyperbolic obviously with the intent to get the anti-immigrant faction all stirred up. I doubt very seriously that Kerry has made any specific statement upon which the author can say conclusively that this is how Kerry will act. The immigration is just to complicated for that.

In general, the H1-B visa program is a decent one. The problem is with the large corporations who abuse the system without retribution or perhaps only a slap on the wrist. (violations of most worker visa laws brings only a $1000 fine to a company}

As far as tax breaks, I assume the author is talking about bringing some kind of tax penalty upon corporations who hire foreign workers because I know of no tax break for companies who do.

You can find out more about immigration code and the visas he is talking about at the INS website which I believe is http://www.ins.gov or http://uscis.gov/graphics/index.htm

In the end, I think outsourcing is a bigger problem. Foreign workers here on a visa pay taxes here. Workers in East Asia don't. If you want to shoot something back, I'd steer toward that direction.
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DaveFL99 Donating Member (301 posts) Send PM | Profile | Ignore Wed Aug-04-04 02:24 PM
Response to Reply #10
14. I can't agree with you on the program
This is one of the few things I'll reduce to Shrub like simplicity because I've seen it so horribly abused by a number of companies.

There are 3 copanies that I've done business with that simply replaced their entire IT departments, sizeable departments in the triple digits, with H1-Bs. Not outsourcing, on-site H-1Bs.

The way I've seen it used it's an indentured worker program.
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sybylla Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 03:01 PM
Response to Reply #14
17. Indentured worker program - Agreed!
That's some of the abuse I'm talking about. But companies who do this have to go through a large number of employees (unless chimpy changed the rules) because there are restriction on how long an H1-B visa worker can be employed here in a 10 year period. As I said, the only exception would be if they are keeping them by helping them apply for a status change from temporary worker and that is costly as well. I don't mean to say it cost prohibitive. It may very well pay for companies to invest in a lawyer on staff to do just that. I'm just saying it gets complicated. But that would be the second kind of abuse I'm talking about.

H1-B visa employees either have to be from a refugee class, have experience or education in a field in demand, a demand that has to be demonstrated (unless chimp changed that too) or have education or experience that would qualify them for employment in the "shortage" areas like some medical fields. If your companies had offices overseas and these employees came from there, the employees are likely L-1 visa employees, not here under H1-B status. L-1 allows companies to shift employees in and out of the US between companies at any time for any duration, bypassing the requirements of H1-B status. L-1, in my book, needs to be done away with.

My experience ended when my friend got his permanent status in early 2002. We were still operating under Clinton administration rules at that time. I know things have changed somewhat and it wouldn't surprise me if things have changed to favor corporations. But I can guarantee you if there was a way around 7 years of paperwork, thousands of dollars in legal fees and a hundred headaches, we'd have taken it.

All I can say about your experience is that you need to check out the INS website if you doubt my experience with H1-B visas and the hoops for change in status.
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aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 04:19 PM
Response to Reply #17
22. L-1s have nothing to do with H-1bs - Completely different creature
L-1s are for intracompany transferee managers or executives. L-1 holders are primarily managers of personnel. H-1bs are primarily what the law describes as "professionals", with a Bachelor's degree or equivalent, or higher, who perform technical and professional duties. The H-1b is generally precluded to any managers. Examples of typical H-1bs are computer software designers or other computer experts, accountants, engineers, biochemists, architects, marketing specialists, etc. But L-1s don't even require any degree whereas H-1bs must have at least a Bachelor's degree and often have Masters or Ph.D.s. The ranks of L-1s are primarily taken up by foreign workers who have worked in a foreign parent company that transfers its personnel to a US subsidiary. I don't completely understand the objection to L-1s. The facts are that the foreign companies that open up US subsidiaries would simply not open them up at all if they couldn't transfer their top executives or mangers from abroad. Therefore, the L-1 position is in general not one taking a job away from a US worker. In fact, the foreign company opening up a US subsidiary is creating wealth in the US by hiring lower level warehouse workers, secretaries, receptionists, and also pumping money into the US economy by renting office space, buying office equipment, and spending money in the U.S. I don't really understand the objection to the L-1 visa, other than the fact that there is a great deal of fraud involved and there are many visa overstays. The fraud is quite simply the fact that many US subsidiaries are created specially by the parent company to acquire an eventual green card for the transferred executive. The natural extension of the L-1 within the permissible 6 years of stay is to file as a first preference immigrant visa petitioner under INA 203(b)(1)(C), for Intracompany Executives and Managers. It's generally the same type of petition as an L-1, only it's for permanent residence. The fact is, many of these executives go out of business and fold the subsidiary once the green card is acquired. In fact, in many cases, the foreign parent doesn't even exist but is just a paper company. This way, a rich foreigner can fabricate a fake foreign parent and a US subsidiary to be transferred to, just to create a green card. This is why the USCIS has been very tough on L-1s, now requiring enormous documentation from the foreign parent to prove their legitimacy, including foreign tax returns, foreign bank accounts, proof of wire transfers of foreign funds from the parent company to fund the US subsidiary, etc. The same heavy documentation to prove the legitimacy of the US subsidiary is also routinely required now. Even then, there are foreign parent companies that create a pass through mill for phoney executives who get transferred to the US, with money passing under the table in exchange. It is said that many Chinese generals in the Peoples Army get rewarded by being made Presidents of Chinese parent companies but never actually show up for work (the L-1 requires affirmation by the parent that the transferee has worked at least 1 year in the last 3 in the parent company in a managerial/executive position) and then get transferred to a US subsidiary as an L-1 and then later for the green card.

The point is, the L-1 involves fraud abuse. But I don't really think it displaces American workers. I don't think it can be criticized for doing the latter.
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sybylla Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 04:59 PM
Response to Reply #22
23. I didn't say they were the same thing.
But I appreciate your clarification.

I remember a year or so ago reading an article laying out situations where companies were abusing the L1 visa program by claiming employees who were not management as management and shuffling them out of their cheap labor companies to the US where they were essentially indentured servants, not making enough money to return home and unable to quit their jobs. Perhaps with the new enforcement efforts, these kinds of abuses have ceased.

I'm very familiar with H1B visas and who tends to use them. I'm also just as certain that there are corporations who are abusing both and likely displacing American workers wherever they think they can get away with it. That's been happening for decades. Though I wouldn't say they should be banned entirely, there certainly needs to be adjustments in the rules and greater efforts made in their enforcement.

Regardless, I doubt anything John Kerry has said or failed to say about immigration came even close to precisely addressing the problems. As I said in an earlier post, and as you have clearly demonstrated, the immigration laws are just too complicated to address with a mere snippet in a platform.
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the_outsider Donating Member (258 posts) Send PM | Profile | Ignore Wed Aug-04-04 02:35 PM
Response to Original message
15. Kerry is right in supporting F-1 and H1B programs
Edited on Wed Aug-04-04 02:40 PM by the_outsider
These visa programs are cornerstones of American open and legal immigration policy which is one of the greatest strengths and competitive advantages of American economy and culture. A misuse of F1 by a few terrorists (which could be easily avoided if the different security agencies were talking among each other) or an economic downturn (Bush's economic policies should take at least a part of the blame) should not be used as excuses to change those programs. These are just RW talking points to steal some votes cheaply. Another strategy is to lump this together with "undocumented workers" as if they are the one and same issue. Typical republican use of fud.

Most of the H1b visas are used by young foreign students after they graduate. Most of them want to become American citizens and currently they eventually do that after a very lengthy, inconsistent and unpredictable legal adjudication process. The process is a mess and badly needs to be simplified and made more efficient.

The admission standards of American schools are high. The foreign students who meet those standards and who are willing to make the adjustments and sacrifices needed to be successful in a new country are, in general, smart, open-minded and hard-working. The American companies that hire them do so for that reason, not because they are just cheap. They deserve a chance - the same chance given to every generation of immigrants to USA irrespective of the country they came from. Also they bring with them different cultural and historical perspectives which USA could definitely use at this point.

The reality is there are not enough science and engineering students graduating from US universities compared to the number of available jobs and the jobs that will have to be created in this sector to maintain US leadership. A large number of the best science/engg graduates in top schools are foreign students. In a competitive global economy, it's in USA's best interest to keep them in USA, increase their stakes in the system, make them invest in USA and eventually help them becoming US citizens. All of this add value to US economy. H1b program is a necessary stepping stone - in between a student visa and American citizenship/permanent residency. This should be heavily controlled of course (both quantitatively and qualitatively) , but cannot and should not be eliminated/reduced/weakened. The regulation and adjudication processes need a lot of improvements and streamlining. I am confident that Kerry administration will do a much better job than Bush administration.

The only other alternative is deep and wide outsourcing which, in my humble opinion, is a lot worse for USA in the long-term. Of course Bush and his corporate cronies may like it in the short-term because of corporate bottom lines. But once that becomes the dominant trend and there aren't enough science and technology jobs getting created inside the country, there would not be a whole lot of motivation for American students to pursue science and technology. The next generation of technology ideas and innovations will emerge from Asia and before long (my guess it will be a couple of generations) they would stop working for Microsoft(India) or Intel(China) and will rather create the next Microsofts and the next Intels.

IMHO, eliminating/reducing F1/H1b specifically and advocating "closed borders" (a popular right-wing talking point),in general, are suicidal for US economic growth and leadership in the long run.

I think Kerry has a much better understanding of this than Bush.
Did you need another reason to vote for Kerry? :)
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DaveFL99 Donating Member (301 posts) Send PM | Profile | Ignore Wed Aug-04-04 02:42 PM
Response to Reply #15
16. Not even close
"Most of the H1b visas are used by young foreign students after they graduate"

Nothing could be further from the truth. Most of these visas are used by consulting companies to bring in workers not by recent grads.
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the_outsider Donating Member (258 posts) Send PM | Profile | Ignore Wed Aug-04-04 03:03 PM
Response to Reply #16
18. I agree some consulting companies abuse them
and that needs to be stopped. Abuse of programs does not mean the programs are bad.

Do you have real statistics on what percentage of H1b holders do not have US degrees and were never on F1 visa ? I do not at this point, but I will try to look up.

The major technology companies like Microsoft, Cisco, Oracle and Intel that employ the largest number of workers on H1b typically hire foreign students straight from US universities. Most of their H1b workers have degrees from US schools. H1b is needed by them to keep them in USA, because getting permanent residency takes 4-5 years. The only other alternative is to export jobs which I think is worse.
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DaveFL99 Donating Member (301 posts) Send PM | Profile | Ignore Wed Aug-04-04 03:57 PM
Response to Reply #18
21. No I don't have current stats
I try not to look anymore but I will tell you that Oracle and the companies you mentioned are not the top users of H1-Bs. The top users are are Mastech, SYNTEL, Computer People, Sai Software Consultants and TATA and they bring people in to work in what are essentially clerical positions maintaining accounting and inventory programs written in COBOL. That's the reality of it.

The people who come in on non-immigrant visas work under indentured servitude status, they either work for the company that sponsored them for 5 years (depending on their country of origin) or they have to go back home. That's not capitalism, that's not competition.

I work in the business and I know the reality of the situation. Sorry to be blunt, but what you've presented here is a theory that's been fed to the media by Harris Miller and the ITTA.
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the_outsider Donating Member (258 posts) Send PM | Profile | Ignore Wed Aug-04-04 06:10 PM
Response to Reply #21
25. Found an old list (2000)
Edited on Wed Aug-04-04 06:11 PM by the_outsider
http://www.garamchai.com/TopH1b.htm. Looks like a representative list to me.

1.Motorola Inc 618
2 Oracle Corp 455
3 Cisco Systems Inc 398
4 Mastech 389
5 Intel Corp 367
6 Microsoft Corp 362
7 Rapidigm 357
8 Syntel Inc 337
9 Wipro LTD 327
10 Tata Consultancy Serv 320

Out of the top 10, at least 5 are major US technology companies and one can't get a job there just because she is cheap.

I do not think the "indentured servitude status" is entirely correct. They can always find another company in USA to hire them and transfer their previous H1B visas. They prefer to stay with the same company because often that company sponsors their permanent residency which takes 4/5 years. Also as aint_no_life_nowhere pointed out, H1b is used by universities and research organizations to keep foreign PHds and post-doctoral researchers in USA which is important. Abuses should definitely be stopped (I personally think L1 is more easily abused than H1b), but attacking visa programs as a whole is not correct IMO.
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DaveFL99 Donating Member (301 posts) Send PM | Profile | Ignore Thu Aug-05-04 01:09 PM
Response to Reply #25
27. A more current list shows mostly body shops 2000 was a long time ago
The thoery is that they are bringing in 'execptional individuals' for high tech positions. The reality is they are bringing in run of the mill business programmers by the thousands. They'll usually put 6 of them in a 2 bedroom apartment. They are indentured servants because they have to sign notes for the expenses of bringing them over and sponsoring their visas. I've never seen one of them switch companies. Please get with the reality and not the theory of how this program is being used.


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HEWLETT PACKARD CO SUNNYVALE CA 94086
GOLDMAN SACHS NEW YORK NY 10004
AMERICAN MGT SYSTEMS FAIRFAX VA 22033
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LARSEN TOUBRO FORT LEE NJ 7024
INFOSYS TECHNOLOGIES LIMITED FREMONT CA 94538
THE SABRE GROUP INCORPORATED FORT WORTH TX 76155
INTL SOFTWARE GR PRINCETON JUNCTION NJ 8550
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ATLANTIC DUNCANS INTL CHANTILLY VA 20151
ACS INTL RESOURCES WILMINGTON DE 19808


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sadiesworld Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-04 06:56 PM
Response to Reply #21
26. Thank-you for your responses to this post.
I am weary of the "you're anti-immigrant" refrain whenever someone questions the increasingly tilted playing field American workers are being expected to play on.

It saddens me to see dems cheer the destruction of the middle class and the exploitation of foreign labor.

Your imput is appreciated. :)
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