@Ridiculous statements are not fact, only one person’s opinion. This person's statements are inaccurate, misleading, and omit material facts.
Neutralator, please check your facts before insulting Mr. Rather and accusing "this lady" of spreading lies.
FICTION/OPINION
"And Dan Rather is totally wrong with the quote from labor dept. In fact, Department of Labor and Immigration department has multiple checks to make sure Americans have priority and are not displaced/replaced. The H-1B workers are treated equally as an equal opportunity employer only after they are hired. Before hiring all the priority is for the American workers.
OMISSION - No source cited these statements.
FICTION - The “Department of Labor and Immigration department” is not a US Government entity
FICTION - What is the official source for your statements on EEOC legal compliance and effective date?
OMISSION/FICTION?: Statements DO NOT apply to non-dependent H-1b employers
<Only H-1b Dependent> Companies are penalized with fine and barred from hiring foreign workers if they violate the law."
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FICTION: You cannot lay-off Americans and recruit H-1B worker for the same/related position".
FACT: U.S. Department of Labor Strategic plan Fiscal Years 2006-2011 (pg. 35) states:
"... H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of the foreign worker."
FACT:
http://grassley.senate.gov/news/Article.cfm?customel_da... “Congress created the H-1B visa program so an employer could hire a foreign guest-worker when a qualified American worker could not be found. We’ve long argued that the H-1B visa program is plagued with fraud and abuse and is a vehicle for outsourcing American jobs. This report backs us up. Especially at a time when millions of Americans are unemployed, the H-1B visa program should complement the U.S. workforce, not replace it.”
FACT:
http://www.democraticunderground.com/discuss/duboard.ph... Grassley and Durbin contend that current law allows companies to "legally discriminate against qualified Americans by firing them without cause and recruiting only H-1B workers to replace them."
FACT:
http://www.gao.gov/new.items/d11505T.pdf H-1B VISA PROGRAM Multifaceted Challenges Warrant Re-examination of Key Provisions
United States Government Accountability Office Testimony Before the Subcommittee on Immigration Policy and Enforcement, Committee on the Judiciary, House of Representatives
"The H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company—a company that contracts out H-1B workers to other companies."
OMISSION "Follow this link ->
http://www.dol.gov/compliance/guide/h1b.htm " @Ridiculous omits material facts - these requirements ONLY apply to H-1b dependent companies. H-1b dependent employers are a very small number number of companies, large companies with over 15% H-1b workers, and TARP companies (as of 2009)
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-- FOR H-1B Dependent Employers Only --
* The employer will not displace any similarly employed U.S. worker within 90 days before or after applying for H-1B status, or an extension of status for any H-1B worker;
* The employer, before applying for H-1B status for any alien worker pursuant to an H-1B LCA, took good faith steps to recruit U.S. workers for the job for which the alien worker is sought, at wages at least equal to those offered to the H-1B worker. Also, the employer will offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker. This attestation does not apply if the H-1B worker is a "priority worker" (see Section 203(b) (1) (A), (B), or (C) of the INA).
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FACT
http://icert.doleta.gov/library/ETA_Form_9035_2009_Revi... Additional Employer Labor Condition Statements – H-1B Employers ONLY
Information regarding the additional attestations required of H-1B-dependent employers—non-displacement and recruitment of U.S. workers-can be found at 20 CFR sections 655.738 and 655.739. For information regarding those employers who are recipients of such funding, go to
http://www.treas.gov/initiativeseesa/transactions.shtml .
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FACT:
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdf... Which employers are subject to a “no displacement” provision?
The displacement prohibition generally applies to an H-1B-dependent employer (see WH Fact Sheet #62C), willful violator employer (see WH Fact Sheet #62S), or an employer receiving funding described in the Employ American Workers Act (EAWA) which hires a new H-1B worker during the period from Feb. 17, 2009 to Feb.16, 2011, (see WH Fact Sheet #62Z). The displacement provision applies both to an employer’s own workforce and to the workforce of a secondary/other employer with which the H-1B dependent employer, willful violator employer, or identified EAWA employer, places an H-1B worker.