Baltimore Schools Circumvent H-1B limits
Baltimore Schools Circumvent H-1B limits
Date: Monday, January 10, 2005 10:45 PM
JOB DESTRUCTION NEWSLETTER
by Rob Sanchez
January 10, 2005 No. 1175
Baltimore Schools have found a way to circumvent the fact that the H-1B
cap has reached its limit. They do this by bringing in foreign teachers
on J-1 visas instead of using H-1Bs.
Most of Baltimore's new Filipino teachers will enter the
country on cultural-exchange visas, which are good for three
years, because the U.S. government has placed a limit on work
visas, known as H1b visas, until October, she said.
This is clearly a dubious and possibly illegal means to import foreign
teachers because J-1 visas are for students. While they could argue
that these teachers are merely "student teachers" who will eventually
get an H-1B visa, that argument quickly breaks down when they admit the
experience level of the foreign teachers. These don't sound like
student teachers, now do they?
The men and women have an average of 10 years' teaching
experience, and nearly all have at least a master's degree
Ligaya Avenida, the recruiter that made the statement above has been
involved in scams to import foreign teachers before. In the Oakland,
California school district she charged dozens of teachers $3,000 each
for what they thought was a long-term teaching job. Subsequently the
schools dumped many of the Filipinos and now they are demanding their
jobs back. In Ohio a similar scam got the ire of Filipinos because the
schools dumped the teachers because they couldn't get H-1B visas for
them fast enough. To read about that go to the archive and read: "H-1B
Teaching Scandal in Ohio" April 28, 2004 - No. 996.
Employers are required to pay for the expenses to obtain an H-1B visa
but Avenida found a way to get around that requirement by bringing the
teachers in on J-1 visas. Her business dealings with the Baltimore
schools is quite lucrative, perhaps even more so than her scam in
California. This is indentured servitude at its worst and should be
illegal in the United States, but it's not.
... many foreign teachers are willing to pay large sums to
recruiting agencies that connect them to U.S. school districts.
The 45 teachers hired by Baltimore will each pay $5,000 to
$8,000 to a California firm working with city school officials.
The excuse used to hire these teachers is the same tired shortage
shouting that we hear about other professions:
"We had to do something," said Bill Boden, the system's human
resources director. "We know the country, in general, is not
producing enough [teachers] to fill the demand, so you've got
to go outside the borders."
The Baltimore schools are importing these teachers for one obvious
reason - CHEAP LABOR. They are hiring teachers with 10 years experience
but paying them entry level salaries.
Although many officials in those districts report great success,
critics question whether recruiting internationally ignores the
problems in these school systems, including low pay and difficult
working conditions.
The NEA admits that thousands of H-1B teachers are hired. Go to the
newsletter archive to read the following:
"NEA study on H-1B/J-1 teachers" August 18, 2004 - No. 1079
U.S. schools hired about 10,000 teachers from foreign countries
during the 2002-2003 school year, according to the National
Education Association, the nation's largest teachers union.
Articles Used for this Newsletter
http://www.baltimoresun.com/news/education/bal-te.md.recruiting10jan10,1,500411.story?coll=bal-education-top&ctrack=1&cset=true
Schools finding teachers overseas
http://abclocal.go.com/kgo/news/iteam/112503_iteam_filipino_teachers_two.html
Money-Making Scheme?
NOTE: Be sure to watch the video report on this site.
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http://www.baltimoresun.com/news/education/bal-te.md.recruiting10jan10,1,500411.story?coll=bal-education-top&ctrack=1&cset=true
Schools finding teachers overseas
City has signed contracts with 45 from Philippines; Foreigners fill
gaps across U.S.; Critics say problem stems from poor pay, conditions
By Laura Loh and Liz F. Kay
Sun Staff
Originally published January 10, 2005
Struggling to fill openings for teachers in crucial subjects such as
math and science, Baltimore's public schools are turning to overseas
recruiting -- joining a growing group of urban school systems across
the nation.
City school officials have signed contracts for next fall with 45
teachers from the Philippines -- and they are planning another trip to
Manila this month to try to hire more.
For the past decade, school systems with burgeoning student populations
or fluctuating teaching ranks, including districts in New York,
California and Florida, have turned to foreign labor to keep classrooms
staffed. Although many officials in those districts report great
success, critics question whether recruiting internationally ignores
the problems in these school systems, including low pay and difficult
working conditions.
Baltimore began recruiting in the Philippines after starting this
school year with about 200 vacancies, many in science, math and special
education.
"We had to do something," said Bill Boden, the system's human resources
director. "We know the country, in general, is not producing enough
[teachers] to fill the demand, so you've got to go outside the
borders."
In their first trip in November, city schools recruiters hired a group
for mostly math and science, and nearly all of those hired have
master's degrees and teaching experience. The second trip this week
will focus on hiring early childhood educators.
Overseas recruitment is feasible even for cash-strapped school systems
like Baltimore's because recruitment firms transfer the cost of
searches to successful applicants. The Washington, D.C., school system
hired 15 Filipino special-education teachers this school year and is
recruiting in Puerto Rico for next year.
No other school systems in the Baltimore area have traveled to other
countries to recruit teachers. Anne Arundel County and Carroll County
school officials said they have been solicited by recruitment firms;
Anne Arundel officials said they are considering the possibility.
U.S. schools hired about 10,000 teachers from foreign countries during
the 2002-2003 school year, according to the National Education
Association, the nation's largest teachers union.
Similar to nursing
The hiring trend parallels a similar movement in the nursing industry.
For decades, nursing graduates from the Philippines, India and
elsewhere have been recruited to fill jobs here, experts say, because
American nursing programs produce too few candidates to meet the
demand.
School systems usually focus recruiting efforts in countries where
English is widely spoken, including England, Canada, India, the
Philippines, West Africa and some Caribbean nations. Recruiters and
school officials say they give preference to teachers who can speak
English without a heavy accent.
Salaries are a major draw for some foreign teachers. In the
Philippines, the average annual pay for a teacher is about $10,000,
according to a 2002 UNESCO report. Baltimore teachers, by contrast,
earn an average of $47,000 a year. The starting salary for a city
teacher is $34,000.
As a result, many foreign teachers are willing to pay large sums to
recruiting agencies that connect them to U.S. school districts. The 45
teachers hired by Baltimore will each pay $5,000 to $8,000 to a
California firm working with city school officials.
Critics of overseas recruiting, however, say finding teachers abroad is
only a short-term solution to the cyclical problem of teacher
shortages. Instead, they say, schools need to focus on improving
working conditions and salaries so teachers want to remain in the
classroom.
"There's a choice here," said Richard M. Ingersoll, a University of
Pennsylvania associate professor of education who has studied teacher
shortages. "You could improve that job and have no trouble recruiting
and retaining people here to become a teacher. Well-respected,
well-paid jobs do not have shortages."
Ingersoll and other experts question whether there is a real shortage
of teachers. Some school officials say the uneven distribution of
teachers is the problem, leaving high-performing school districts with
waiting lists of applicants and urban or rural districts without
candidates to fill vacancies.
Maryland education officials say the state also faces a rising number
of teachers nearing retirement and a growing student population in some
districts.
The State Department of Education projects school districts will need
to hire nearly 6,000 teachers for next fall but will fall short in some
areas. They estimate districts will find 409 fewer special-education
and 191 fewer math teachers than they need.
Another area of need is early childhood education, because the state
has instituted a significant expansion of kindergarten services.
Baltimore is the first school system in Maryland to address its
recruitment needs with such a large contingent of foreign teachers,
though a few districts have done some overseas recruiting in the past,
state officials said. Montgomery County schools have recruited teachers
from Spain for some years to run Spanish language immersion programs.
For their part, state officials are studying ways to make it easier for
experienced teachers from other countries to become certified in
Maryland. Foreign teachers have to take the Praxis test, which assesses
basic skills, knowledge of subject matter and teaching expertise. They
also must undergo an assessment by a firm that specializes in
evaluating foreign credentials, said Joann Ericson, the state's chief
of certification.
City school officials believe the teachers they have hired will be able
to easily obtain certification. The men and women have an average of 10
years' teaching experience, and nearly all have at least a master's
degree, said George Duque, one of two human resources specialists who
traveled to the Philippines in November.
'All experienced'
Ligaya Avenida, president of a San Mateo, Calif., recruitment firm
working with the Baltimore school system, said she screens thousands of
candidates in the Philippines before presenting them to school
districts.
"The teachers that I bring are all experienced teachers," said Avenida,
a retired human resources director for the San Francisco Unified School
District who began recruiting in her native country six years ago. "I
make sure the teachers ... will have no trouble meeting the [state]
standards."
Avenida and other recruiters say they are providing cash-strapped
school systems with a valuable service at no expense, since fees paid
by successful job applicants cover the cost of the search. The firm
also pays for the travel and lodging of school officials who go on
recruitment trips if a school system hires more than 10 people.
Avenida charges successful applicants $5,000 or $8,000, depending on
the type of visa they need. The fee includes transportation to the
United States and immigration, certification and housing assistance.
Most of Baltimore's new Filipino teachers will enter the country on
cultural-exchange visas, which are good for three years, because the
U.S. government has placed a limit on work visas, known as H1b visas,
until October, she said.
Duque, who will be taking a second trip to Manila this week, said he
has been impressed by the credentials of the job candidates.
One of the teachers he hired is a 44-year-old man from the Manila area
who has 11 years of teaching experience, a doctorate in educational
management and a master's degree in math education.
The plan, school officials said, is to have the Filipino teachers
arrive in June so they will have time to undergo training before the
start of school in September. The system is designing a summer
orientation session to help them adjust to teaching in Baltimore.
"Obviously, there's a cultural difference," Duque said. "We'll try to
prepare them. Hopefully, it's not going to be that [difficult] a
transition for them, at least from a pedagogical standpoint."
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http://abclocal.go.com/kgo/news/iteam/112503_iteam_filipino_teachers_two.html
Money-Making Scheme?
I-Team Follow-Up
(ABC7)
Nov. 25 - There is angry reaction tonight from the local Filipino
community. The ABC7 I-Team has exposed a school district that hired
dozens of teachers from the Philippines, only to let them go just
months and sometimes weeks after they arrived. Dan Noyes reports.
Local Headlines
More local news...
These teachers left family and friends behind -- traveled 7,000 miles
for the promise of a better life. Now, they are stranded in the U.S.,
trying to figure out their next move, and Filipino Americans living in
the Bay Area are upset about what's happened.
Daz Lamparas, community activist: "Well, I'm outraged because this is
basically scamming the poor Filipino teachers back home."
The Bay Area is home to the largest Filipino population outside of the
Philippines - 400,000 people. We found widespread concern for the
newest immigrants.
Rudy Asercion, executive director Phil-Am Voters: "And that is the
thing that is really more painful than any thing else, it's that
they're victimizing their own people."
Dozens of teachers paid recruiter Ligaya Avenida and her associates
$3,000 each, for what they thought was a long-term teaching job at
Oakland Unified.
Documents obtained by the I-Team under the California Public Records
Act show the district hired 76 teachers from the Philippines from the
year 2000 through 2002, but terminated 54 of them.
Ligaya Avenida, recruiter: "A district has no obligation to keep them,
they can just terminate them."
Dan Noyes: "But, are these qualified people that you're bringing?"
Ligaya Avenida: "Sure, uh-huh."
Former Oakland Unified employee Mike Helms says there was no reason to
let the teachers go. He selected many of them on a trip to Manila in
August 2001. He believes the pursuit of money led to misconduct in the
recruitment program.
Mike Helms, former OUSD employee: "I was told to terminate all the
teachers that we had hired. Then, finding out three days later that
someone from our district was on their way to the Philippines to hire
the same number, that just didn't sound right to me."
So now, dozens of teachers are stranded here with no jobs - teachers
like Blugenia, who left behind two young children and a disabled
husband.
Blugenia, former OUSD teacher: "I was really devastated right now. I
was really depressed. What's going to be happen to me?"
Lillian Galledo, Filipinos for Affirmative Action: "It's inhumane, it's
really exploitive and looking at these people as being something other
than human. I mean, it's not treating them in a human way."
Filipino community activists are calling on the district to do the
right thing, and rehire the teachers. Mike Helms resigned from Oakland
Unified over this issue, but he is willing to help the district
straighten out this mess.
Mike Helms: "That's exactly what I was trying to do in human resources
when I was working there is get these types of teachers, and to give it
a black eye like that is just real sad."
Ken Epstein, OUSD spokesman: "We really need to get to the facts of the
case, and if the facts support what he's saying, then we'll take
action."
Lawyers for the district say they investigated the recruiting program
last year and found no wrong-doing - that the teachers were on
probationary status, and were subject to termination at any time. Mike
Helms says Oakland Unified should rehire the teachers, who were already
making a difference with their students.
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