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serious research on H-1B issues.
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Letters by Our Elected Officials on H-1B
Boxer 8/5/2002 - from California says that doesn't want industry to be hindered by a lack of H-1Bs.
Bigget - 8/16/2002 - from Illinois says that the shortage of high tech workers won't end anytime
soon so we need H-1B.
Bush's H-1B Press Release was taken offline but it's archived
here. Was it removed from the internet because he supports massive
Letter To Clinton. 7/20/2000 - Clinton's administration didn't even care
that the writer opposed H-1B, they sent the letter writer a form
letter that thanked "you" for supporting the Clinton increase in the
Sen. Larry Craig
- 1/12/2000 - republican Senator from Idaho, justifies immigrant farm labor with arguments
that sound suspiciously like the shortage shouting to justify H-1B for white collar professionals
Crapo - 1/23/2003 - He says he "understands your concerns" but
he obviously doesn't.
Richard Durbin 2/9/2001 - and Fitzgerald end their letters in a folksy and congenial manner by inviting Illinoisans to have coffee with them in Washington
D.C. Apparently the only ones that can afford the trip to D.C. are Illinois businesses that tell him that they "simply can't find skilled workers to fill available jobs." This letter written in February 2001 by Senator Durbin is quite astonishing because he had the audacity to say that there were 1.6 million unfilled high tech jobs.
John Edwards 5/13/2002 - acknowledges that he co-sponsored ACWIA in 2000 and
said that special interests want to eliminate the yearly visa
cap. He thinks that H-1B is a "necessary short term" solution until Americans are educated enough to take high-tech jobs.
Eshoo, 3/30/2002 - Congresswoman from California's 14th Congressional District completely ignores the questions about the problems with NOVA in this letter. She seems to be very proud that she is an H-1B supporter.
Anna Eschoo 12/18/2002 - returned 30 pieces of silver that was paid for her support of H.R. 2215.
Feinstein - 3/5/2002 - Senator from California, says that she is an original co-sponsor of ACWIA.
Peter Fitzgerald 10/23/2000 - from Illinois thinks H-1B should be
increased because there are so many requests for visas.
Rep. Jeff Flake (R-AZ)
2/28/2003 - plans to introduce legislation to bring more "guest workers" into the country while providing temporary visas for illegal workers already present after "appropriate background checks."
Gregg (R-NH) 10/12/2001 - expresses his support for H-1B.
Hastert 5/30/2002 - from Illinois should have mentioned that he voted against worker protections and for an increase in the H-1B limits in 1998
Says H-1B is need to be Globally Competitive - 12/11/2001
- and then he says that
J.D. Hayworth, (R-AZ) 10/19/1998 - congressman and ex TV sportscaster, thinks H-1Bs are
useful because they pay taxes. See his stupid response to a letter from
an American engineer that also pays taxes.
Sen. Kay Bailey Hutchison
(R-TX) 10/12/2001 - thinks there is a shortage of high tech workers,
and H-1B is needed to supply companies with qualified workers.
Sen. Kay Bailey Hutchison (R-TX) 12/2/2005 - reaffirms
her support for H-1B, saying that we need to import workers to be
competitive in the "global marketplace".
Sen. Kay Bailey Hutchison (R-TX) 9/28/2006 - Confirms
her support for the Securing Knowledge and Leadership Act (Skil
Bill). She brags that she is a co-sponsor.
Jay Inslee 1/21/2003 - needs to get his facts straight about H-1B.
Joe Knollenberg 7/30/2002 - from Michigan says that the U.S. needs H-1Bs to be globally competitive.
Carl Levin (D-MI) - explains why he voted against Byrd's
amendment that would have blocked the Senate from inserting an
increase in the H-1B cap by 30,000 in the Omnibus Spending bill of
2005. Levin goes on to say that he supports the H-1B program to help
the "competitiveness" of U.S. companies. Fortunately the effort to
increase the visas failed in the House of Representatives, no thanks
to Sen. Levin!
Letters on Why He is Proud to Co-Sponsor H-1B -
6/21/2001 and 6/12/1998 - McCain sells
himself as a patriotic Vietnam war vetern and POW. While he hides
behind the flag he is also proud that he betrayed American Labor. Read
his callous response from an unemployed American. In a recent
letter McCain explains why he thinks raising the H-1B quota was a good
John Porter 6/15/2000 - from Illinois thinks increasing H-1B
limits is a good idea.
Harry Reid (D-NV) - 11/4/2005 - Says that we need to do
a better job of training Americans so that they can compete. He
repeats the myth that American workers are protected because
employers must look for U.S. workers first.
Stump - 10/4/2000 - Bob Stump, republican congressman from Arizona, puts
principle above big money in these two letters. He describes the fraudulent
nature of H-1B and explains why an increase in the quota is a bad
Wilson, New Mexico congresswoman, 10/30/2001 - thinks that importing
H-1B medical personnel fills the need.
H-1B News Articles
This archive contains newspaper articles that are of major
importance to the H-1B debate.
servants for high-tech trade: For a rich fee, companies called
"body shops" supply waves of unwitting immigrants to the
nation's computer industry. Baltimore Sun Feb. 21, 2000
- How many visas?
we don't know - Counting errors prompt an outside audit at INS.
Baltimore Sun Feb. 21, 2000
- Cashing In: Former
immigration officials siphon millions from a program to entice
foreign investors with the promise of green cards. Baltimore Sun
Feb. 21, 2000
Program Open to Abuses - The sordid story of an H-1B prostitution ring. San Francisco Examiner Jan 22, 2000
- Getting in on H-1B
- About 60% of all H-1B visa professionals are being grabbed up by only 20 companies. How do you get in on the action? Try these shortcuts around the red tape
Computer World November 8, 1999
- New H-1B Visa Cap
Increase Sparks Debate - The new version of the law increases the cap from 65,000 to 115,000 in 1999 and 2000.
PC Week November 16, 1998
- White-Collar Visas: Back Door for Cheap Labor?-
Washsington Post Saturday, October 21, 1995r
- H1-B safety net fails IT workers:
AIG fiasco described by Linda Kilcrease PC Week November 18, 1998
- IT pro's age puts him at unfair disadvantage in job hunt:
Interview with Gene Nelson - November 16, 1998
Labor": Programs place Americans low in the pecking order
- Mother Jones
- 11th-Hour Victory For Tech
disgusting story detailing how Silicon Valley and Senator Barbara Boxer, D-Calif bought off Al Gore to support H-1B. Senator Harkin's heroic battle against H-1B was no match for Boxer's money
machine and the lobby power of the ITAA. San Francisco Chronicle October 16, 1998
Collections of various documents
Hampshire I-129 - Petitions filed for L-1 visas in the
State of New Hampshire
- Labor Condition Application posted at an Arizona state
office for an H-1B to work in the Arizona State Parks Board in a
museum for $17.19 per hour.
Arizona State University LCA - Labor Condition
Application posted at ASU for a post doc biophysicist. Salary: $25
Visas: Bonus or Bogey - a debate between Rob Sanchez and
Srikant Sharma on the H-1B issue.
Cisco job ad
-- a bogus job ad for rejecting qualified Americans is forwarded to
the Fragomen Law Firm
Moneyline "Exporting America" - Lou Dobbs
reports on H-1B and said that working men and women in America are
CBS News, "60 Minutes" 'North of the
Border' - Lesley Stahl, reporting, October 3, 1993. Stunning
admissions that H-1Bs are replacing American workers.
Caucus of the 108th Congress - A list of it's 182 members.
They are the Benedict Arnolds of the American middle-class.
Caucus of the 108th Congress - Mission Statement and By-Laws.
Their mission is to thwart all attempts to stop the offshoring of
jobs, and to increase the number of NIVs that India can send to the
Letters to USINPAC - letters to the US-India PAC from
Democratic presidential candidates. They assure USINPAC that they
believe in offshoring jobs to India and they voice support for H-1B.
Why Indian H-1Bs Are Not Superior And Aframericans Are Not Cry Babies by Tony Brown.
Blacks, Latinos, women, and Americans over 40 are all being discriminated against
when owners of US companies utilize the H-1B program.
Pigging At the
Trough - See this letter from the Association Business
for Legal Immigration (ABLI) that was sent to all of the House of
Representatives. The ABLI and 418 companies plead the House to
increase H-1B quotas.
Admitting Immigrants to the US for Economic or Employment Reasons
by Philip Marting for SoftPac
Americans were replaced by H-1Bs - by Larry Richards for SoftPac
Programmers - For $5 An Hour. Larry Richards of SoftPac
showed just how few protections US workers have when he got an this
Memo - Motorolan's are forced to take mandatory vacation.
All Motorolan's except the H-1Bs.H-1Bs are protected by federal law.
Bradstreet Memo - Corporate memo that tells American
employees to consider their H-1B replacements as part of the team.
They name Wipro and Cognizant as their bodyshops of choice.
says that they want to recruit H-1Bs that have been recently laid off.
They never mention in this article whether they would hire a US
Advertisements - U.S. citizens need not apply for these jobs
Applications - See applications for H-1Bs made by major American
- see why labor certifications for work-based green cards are a farce.
Schaerfl, director of US Employment Services in 1994,
wrote a letter that explained that companies don't have to prove need
to hire an H-1B or to give preference to American workers, contrary to
Years, Thousands of Dollars - This advertisement was run in Michigan to alert Michigan voters that Sen. Spencer Abraham was selling them
out by supporting huge increases of H-1Bs and easing worker
protections. He was toppled in the election.
Fake Diplomas, Legal Visas -
Investigative documents about an individual who was proven to have a fake diploma and falsified job experience.
He is now working in the U.S. on an H-1B visa.
Reverse Brain Drain
- Edwin S. Rubenstein discusses various aspects of the
Can Immigrants Save Social Security?
- Edwin S. Rubenstein discusses how many foreigners, including highly-skilled employees here on H-1b visas,
avoid paying social security and income taxes.
University Flyer - a flyer was sent around campus to
protest H-1B, but some students complained that distributing it was a
racist "hate crime".
Tempe, Arizona Contract to buy TaxMantra . Sales Tax and
Licensing System. No competitive bids were allowed for this $1.3
million contract with the Indian-owned bodyshop Tata Infotech.
City of Peoria, Arizona Contract to buy TaxMantra. Sales Tax
and Licensing System. No competitive bids were allowed for this
$830,000 contract with the Indian-owned bodyshop Tata Infotech. This
is page one of a six part contract.
AMERICA FOR? Issues and Facts About the Economy, and Actions You Can
Take To Fix It by JJ Kuhl July 2003. This paper contains
some excellent research on the sordid voice vote in 2000 to raise the
H-1B cap to 195,000 H-1B visas.
Congressional Record House - H8663 October 3, 2000. This is
a companion document for "Who is America For". Pertinent passages are
marked in yellow highlighter.
Microsystems LCAs -- Labor Condition Applications that were
obtained from Sun by Guy Santiglia
This is a collection of
legal court documents
Vision Systems vs. U.S. Government --
Vision systems has been indicted for fraud. They are being charged
with using H-1B to discriminate against Americans.
is very interesting because it shows that the number of H-1B workers
outnumber unemployed technical workers.
has some counter arguments from Vision Systems.
Gopi Vedachalam vs.
Tata International - 2/14/2006 A class action lawsuit
alleging that Tata Consultancy (TCS) bilked their nonimmigrant
workers by withholding too much US and state income tax.
et al., Plaintiffs, VS. Wilco Systems, INC., Defendant -
lawsuit filed on 12/13/03. Wilco is accused of discriminating based on
Action Complaint by Shah and Barrett vs. Wilco -
6/18/02. This document describes in detail how Wilco discriminated
against American citizens. This complaint shows how On April 1, 1998
Sona Shah, and American citizen, was replaced with a foreign worker.
Kai Barret, a British national, was paid less than prevailing
salaries at Wilco. Wilco management claimed that American workers
don't make quality workers, they're stupid, and they're e too
expensive and difficult to control.
Melendez v. Quantum Business Engineering
- In this case, William Melendez claims that his former employer,
Quantum Business Engineering, discharged him because of his age and
because of his national origin. He alleges that Quantum hires
illegal aliens and sometimes uses fraudulent H-1B visas.
Melendez v. SAP Andina
- This is a discrimination case in which William Melendez claims
that his prospective employer, SAP ANDINA, failed to hire him
because of his national origin and age. This complaint was filed in
the US District Court of Puerto Rico.
Watson v. EDS and Bank of
America, US Dept. Of Labor ARB. Department gives
a description of two cases: Watson v. EDS and Watson v Bank of
America. Mark J. Watson alleges that EDS displaced him with an H-1B
worker and then hired another H-1B worker without first offering him
the job. He alleges that Bank of America refused to interview him
because they hired three H-1Bs for positions he was quaified for.
The DOL describes their rational for declining to investigate all of
the complaints, and to dismiss all charges. Basically they claim
that they don't have jurisdiction.
Watson v. EDS,
Dismissed with prejudice, July 20,2005. Watson’s case is
dismissed. If that’s not bad enough, the court demands that Watson
pay EDS $1,348. EDS says that they want money from Watson as
retribution for charging them with discrimination based on national
Watson v BofA
Dismissed – June 14, 2005 Court dismisses case against
Watson Petition for Writ of Certiorari, June 8,
2007. A federal claims court in Texas
dismissed the Watson case and wouldn't allow appeals. Watson now
moves his battle to the Supreme Court.
Bernard Ficq v. Texas Instruments - June 18, 2002.
Bernard Ficq was an engineer in the company’s Wireless Business
Unit. He filed this lawsuit because he believes that Texas
Instruments replaced him by a foreign worker on an H-1B visa. TI
continued to hire additional foreign workers while the
company was having mass terminations. A large disproportionate
number of U.S. Citizens or Permanent Residents lost their jobs
because they were also replaced with H-1Bs. Ficq claims that he was
unlawfully terminated on the basis of his "status as a U.S.
Bernard Ficq v. Texas Instruments - Dismissed with Prejudice.
Appeal filed in 2004.
Ishai Biran against JP MORGAN CHASE & CO., September 11,
2002. Biran, a software developer with more than 18 years experience
and a United States citizen, alleged that consulting firms used by
JP Morgan abused the H-1B visa program, and that the employer and
the consulting firms disproportionately hired H-1B visa holders,
thereby discriminating against United States citizens of comparable
skill and experience, in violation of 8 U.S.C. § 1324(b). Chase's
motion to dismiss the complaint was granted on the basis that there
is no legislative history of the Immigration and Nationality Act to
support the proposition that Congress intended to create a citizens
private right of action.
Shanti vs. Janet Reno, Attorney General of the United
States, February 16, 1999. The "Fine Indian Cuisine Restaurant" in
Minnesota tried to hire an H-1B named Ms. James from Bangladesh who
had a business administration degree from Tejgoan College, at the
University of Dhaka in Bangladesh.and eight years experience. The
petition for the H-1B was denied on the basis that the position of
"restaurant manager" didn't qualify as a specialty occupation. The
court upheld the denial of the H-1B.
Jane Chako vs. Texas A&M University, 1977. In 1997 Jane
Chako, a Canadian, was hired as an H-1B for the position of "Student
Specialist". She commenced work but was sent home after a
staffmember complained about hiring "foreigners." The point in
question is that there was never an opportunity for this position to
be offered to an American citizen as the position was never posted
or advertised and that by arranging for this H-1B visa there was
another U.S. citizen that could possibly have been qualified for the
position out of a job at $ 23,000 a year. Chacko alleged that she
had been discriminated against on the basis of her national origin.
Chacko's case was dismissed with prejudice.
Californians for Population Stabilization (CAPS) vs. Hewlett Packard
and Tata Consultancy, 1997. On October 4, 1993, CAPS
alleged that the bodyshop Tata had committed acts of unfair
competition by engaging in statutorily prohibited conduct and unfair
practices. The second cause of action alleged that H-P was aware of
Tata's unlawful and unfair business practices and was liable for
conspiring with Tata to violate California law. The court found CAPS
had failed to raise a triable issue of material fact as to H-P's
knowledge of or participation in the alleged unlawful practices, and
denied all the charges against Tata on technicalities. The 1997
document lists the details of the case.
Dr. Matloff Newsletters
|Dr. Norman Matloff is a professor of computer science at
the University of California at Davis, and was formerly a professor of
statistics at that university. His rebuttal to claims of a software
labor shortage titled "Debunking
the Myth of a Desperate Software Labor Shortage" is the best
study on this subject. Professor Matloff sends a regular e-mail
newsletter on subjects important to computer professionals such as age
discrimination and how it relates to H-1B. This library contains
archives of some of his writings that specifically touch on H-1B issues.
In order to subscribe to his newsletter send him an e-mail request at