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Sun Apr 29, 2012, 07:37 AM


U.S.: H-1B workers outnumber unemployed techies (2009)

As unemployment among tech workers increases with the recession, the U.S. government is raising broad questions as part of a federal case over H-1Bs about the connection of visa fraud to the unemployment of IT workers.

Visions Systems was included in a sweep that led to arrests of some 11 people in six states. The government, in announcing its action, said the companies and people involved were "displacing qualified American workers," but didn't identify how many. In court papers filed last month, the U.S. indicated it may be getting ready to do just that.

The U.S. said it is "prepared to demonstrate to the court the manner in which the defendant's schemes, along with similar schemes by similar companies have substantially deprived U.S. citizens of employment." The government then points out that "in January of 2009, the total number of workers employed in the information technology occupation under the H-1B program substantially exceeded the 241,000 unemployed U.S. citizen workers within the same occupation."

In the case of Vision Systems, the U.S. said the company "consistently hired only foreign workers in order to fill information technology positions within the United States." The government said "although the exact amount of loss to U.S. citizen workers has not yet been determined, there is no question that the amount of lost wages and benefits to U.S. citizens has been substantial."


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Reply U.S.: H-1B workers outnumber unemployed techies (2009) (Original post)
HiPointDem Apr 2012 OP
fasttense Apr 2012 #1
WilmywoodNCparalegal Apr 2012 #2
liberalhistorian Apr 2012 #3

Response to HiPointDem (Original post)

Sun Apr 29, 2012, 08:37 AM

1. This is why you see so many ads for good jobs, yet you can't get one of those jobs being advertised.


They are required by law to advertise these H-1B jobs in the US before they can hire a visa worker. But you can submit your resume all day, and may even get an interview every now and then, but you will never get the job. The personnel department carefully weeds out all US citizens based on one fabricated reason after another. Then tada... there are no US citizens who qualify.

And then you pay the H-1B visa slave, I mean worker, half of what you have to pay a citizen.

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Response to fasttense (Reply #1)

Sun Apr 29, 2012, 09:41 AM

2. Wrong... there is no advertising requirement for H-1B visas

There are advertising requirements for the labor certification (PERM) process, which is when an employer wishes to pursue a green card (lawful permanent residence) for an employee already in the U.S. on a visa (which could be one of several types, not just the H-1B). The framework you can use to reject applications and resumes at this stage is very narrow and not as broad as you think.

Moreover, employers who wish to sponsor someone on a H-1B visa must pay at least the prevailing wage for the job occupation in the same geographical area. The prevailing wage used by 99% of employers is the one published by the Department of Labor which is freely available online.

This is not to say that there aren't employers who don't follow the law. However, as I have done hundreds if not thousands of H-1B visas (and other categories), I can tell you that all were paid well above the prevailing wage, all had the same benefits as other workers and all had the same rights. Not all were from India or were in IT occupations. Any occupation that can be only be performed by someone with at least a bachelor's degree (or its foreign equivalent) or above is eligible for H-1B classification. This includes architects, designers, physicians, teachers, engineers, accountants, lawyers, etc.

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Response to WilmywoodNCparalegal (Reply #2)

Sun Apr 29, 2012, 09:50 AM

3. You obviously have not seen

the videos of immigration attorneys training employers on how to "disqualify" American applicants so as to be able to hire non-Americans, no matter how qualified and able the American worker is. And with twelve million Americans desperately searching for work, there is no need or reason for H1-B's right now. How you can help non-American workers get jobs here when millions of our citizens are desperate for work and running out of options, but being ignored by American companies, is beyond me.

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