H-1B visa program needs deep scrutiny

Date: Friday, March 28, 2003 9:32 AM

H-1B and JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

This article espouses the idea that H-1B was a great idea that just
needs a little reforming.

Here are some comments (I posted this to their website, but so far they
haven't published it):

"It has also allowed a lot of good people to come here
to the United States and support themselves and their
families while sharing their skills and learning others."

COMMENT: H-1B has forced a lot of good people out of their jobs because
companies wanted to exploit cheap labor instead of using American
citizens. There are many documented cases where American workers were
forced to train their H-1B replacements so it's obvious that they are
not sharing skills with Americans.

"But it is a program that needs some additional oversight"

COMMENT: Milton Friedman said that H-1B is a corporate subsidy. He is
right and that fact won't be changed with oversight. H-1B is a corrupt
cheap labor program that should be abolished.

"The visas were handy during the go-go 90s, when it was
difficult to get enough workers of any kind"

COMMENT: It was never difficult for companies to find workers in the
90s. H-1B was handy to have in order to discriminate against older
workers and to force salaries down.

"The Government Accounting Office, whose job it is to
investigate and evaluate government agencies and programs,
and the U.S. Dept. of Labor, which is charged with
looking out for workers have both issued reports critical
of the H-1B visa program."

COMMENT: Neither the GAO or the DOL is charged with defending workers,
although they have both published reports that were critical of the
H-1B program. The DOL and EEOC have only defended the rights of H-1Bs,
not American citizens. I have yet to see a single court case that
proves otherwise.

"Aside from perceptions that it could be taking jobs
from U.S. high-tech workers"

COMMENT: It's not just a perception or opinion that workers are being
replaced. In 1996 the GAO wrote a report that
discussed how H-1Bs were displacing workers. There are too many
documented stories of this worker replacement to marginalize it as a
"perception".

"there are questions about whether it allows H-1B
workers to be paid much less than U.S. citizens and
allows them to work under less than favorable
conditions."

COMMENT: There is no question that H-1Bs can be paid less. Again, even
the GAO acknowledges that. Go to this link to see just one of many
lawsuits that proved that H-1Bs are not paid prevailing salaries.
http://www.ilw.com/lawyers/immigdaily/dol_news/2002,1022-kutty.pdf

"High-tech workers are also critical of the program
because they say many people with H-1B visas go back
to their country after several years here, taking any
skills they learn here back home with them. But one
local user of H-1B visa holders says that 90 percent
of those with visas apply for their green card.

COMMENT: We also complain that they get green cards so that they can
permanently displace American workers.

http://www.nashuatelegraph.com/main.asp?SectionID=31&SubSectionID=358&ArticleID=75263

H-1B visa program needs deep scrutiny

Saturday, March 08, 2003
By

The H-1B visa program, which allows foreign high-tech workers to come
here through corporate sponsorship, has been a boon in many ways to
high-tech companies and skilled foreign workers here and around the
country.

KEY POINTS
BACKGROUND: In the 1990s, the federal program that allows foreign
professionals to work in the United States helped fill a labor gap.
CONCLUSION: With the high-tech industry in a slump, the program
continues, but no federal agency has a handle on it and U.S. workers
justifiably complain it unfairly deprives them of jobs.

It has also allowed a lot of good people to come here to the United
States and support themselves and their families while sharing their
skills and learning others.

But it is a program that needs some additional oversight, either by the
federal Immigration and Naturalization Service or the U.S. Dept. of
Labor because there shouldnt be any programs that operate without
government knowing exactly how many people are here on any visa.

And that is one of the problems with the program it has very little
oversight by any agency.

No one in government seems to keep track of exactly how many people are
here on H-1B visas. They know how many visas are approved every year,
but they dont track whether theyre being used and by whom.

The visas were handy during the go-go 90s, when it was difficult to
get enough workers of any kind, never mind high-tech workers. Now that
the economy seems stalled and high-tech workers rate high amongst those
laid off, it is just as well as that the number of H-1B visas that can
be issued this year will drop from 195,000 to 65,000.

This is a good time to thoroughly study the program, while a scorching
need for workers is not placing undue pressure on the government or
legislators to keep the status quo or add to the number of visas that
can approved.

The Government Accounting Office, whose job it is to investigate and
evaluate government agencies and programs, and the U.S. Dept. of Labor,
which is charged with looking out for workers have both issued reports
critical of the H-1B visa program.

Of course those two government entities are not the only critics of the
visas U.S. high-tech workers believe that visa holders are taking
precious technical jobs and during an economic downturn, those feelings
will only become stronger.

Aside from perceptions that it could be taking jobs from U.S. high-tech
workers, there are questions about whether it allows H-1B workers to be
paid much less than U.S. citizens and allows them to work under less
than favorable conditions.

The GAO report said that H-1B visa holders rarely complain that they
are being mistreated or underpaid, but in the instances they did
complain, investigators found labor violations in 83 percent of the
cases.

High-tech workers are also critical of the program because they say
many people with H-1B visas go back to their country after several
years here, taking any skills they learn here back home with them. But
one local user of H-1B visa holders says that 90 percent of those with
visas apply for their green card.

Now, while the economy is in a holding pattern and there isnt the
high pressure of an intense labor shortage, is the time to take a
second look at this program and determine if it needs to be revamped.

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