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Bozita Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 04:32 PM
Original message
Dan Rather Reports - No Thanks for Everything (H-1B guest worker visas)- Part 1/4
 
Run time: 14:58
https://www.youtube.com/watch?v=I2hR4WDIXdA
 
Posted on YouTube: June 17, 2011
By YouTube Member: theratherreports
Views on YouTube: 336
 
Posted on DU: June 19, 2011
By DU Member: Bozita
Views on DU: 7318
 
This simply makes my blood boil.

Bill Gates is now hard at work reforming public education just like he did with America's IT landscape.
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OhioChick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 04:34 PM
Response to Original message
1. Thanks for posting....I've been wanting to see this
Bookmarked for later.

K&R
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liberalmike27 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:27 AM
Response to Reply #1
28. We Really All Need
to stop having children. I'm past that age. But I don't know why anyone would want to raise a child up into this developing dystopia, where our elected officials sell us out on a regular basis. They are deliberately screwing us, and Americans, many here in this post, can't understand the most basic con Republicans, and some democratic politicians use, over, and over, and over again!
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RandomThoughts Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 04:46 PM
Response to Original message
2. That effect is Race to the Bottom.
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spooked911 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 06:09 PM
Response to Original message
3. very interesting and important -- the H1B law needs to be changed
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bbgrunt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 06:31 PM
Response to Original message
4. part 2:
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Sun Jun-19-11 07:18 PM
Response to Original message
5. Ridiculous!
Edited on Sun Jun-19-11 07:22 PM by Neutralator
Sorry folks, this lady is at the very best misinformed and at the worst spreading lies.

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. Companies are penalized with fine and barred from hiring foreign workers if they violate the law.

You cannot lay-off Americans and recruit H-1B worker for the same/related position. The law is very clear. Every company who wishes to hire H-1B worker has to file a Labor Condition Application (LCA) to show American workers are not affected.

----
Follow this link -> http://www.dol.gov/compliance/guide/h1b.htm

* 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).
-----


The ad's showing this video displaying IT workers with no degrees is for position in India from an Indian website. The ad clearly states the position is in Secundarabad/Hyderabdad, India. It is for *Indian* company in India and has nothing to do with Microsoft advt. or it's procedure.

On top of that, there are scams in India to dupe Indian citizens to dole out money in name of sending workers to USA. (Which uninformed Indians falls for) She's reading ads from those scamsters. Gimme a break!

Personally, I find it repulsive that they are showing playing cricket and Indian families in the grocery shops to heighten fear among White Americans. This is straight out of Foxnews playbook and tactics not a good journalism.
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Confusious Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 07:52 PM
Response to Reply #5
6. Yes, the government ALWAYS policed the corporations
under GW, and corporations never lie.

get real.
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Sun Jun-19-11 08:07 PM
Response to Reply #6
9. Learn to read.
Edited on Sun Jun-19-11 08:08 PM by Neutralator
Malpractice is a another story and is different from stating law gives unfair advantage to foreign workers when there are laws to specifically protect American Citizens.

Don't let your prejudice blind the truth.

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Confusious Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 09:31 PM
Response to Reply #9
14. h1b fraud
Edited on Sun Jun-19-11 09:35 PM by Confusious
http://www.eweek.com/c/a/IT-Management/Feds-Bust-Nationwide-H1B-Visa-Scam/

One company doing it. 800,000 hits on google for h1b fraud.

If there is one, there are more. The politicans don't want to make their corp masters mad. daily stories online about fraud, hiring, pay. People having to train their replacements. People applying and not even getting a call back because corps want to pay 30 grand for a masters.

studies have shown that they drive down wages.

"Don't let your prejudice blind you to the truth."

I side with the American worker. white, black, red, green.

who do you side with? seems apparent, but I just thought I would ask.

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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Sun Jun-19-11 11:01 PM
Response to Reply #14
18. Good
Edited on Sun Jun-19-11 11:10 PM by Neutralator
Those companies will pay for it.

Like I said, malpractice exists. Bad apples do exist. If there are loopholes then it needs to be fixed but to blame the entire guest worker program is a long stretch.

Any case, I wanted to point out the discrepancies in the Dan Rather's piece and it's xenophobic outlook. I'm not here to debate the guest worker program.
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liberalmike27 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:24 AM
Response to Reply #18
27. Not Xenophobia
to want qualified Americans, who've bothered to go to school, and get degrees, to get the jobs available, or for our congress to actually put the Americans who pay their salaries first, ahead of the world. In fact, it's downright unpatriotic to do this, to globaize, to keep on adding free-trade agreements and such, making unemployment problems worse.

It's a deeply rooted republican strategy, and anyone who defends it might as well just join up with republicans. If you want a dystopia here in America, then keep heading in this direction. I wouldn't be surprised if some of the answers here are from Indian and Chinese H-B1 visa workers, trying to defend this policy. Each country should work on lifting itself up, through polics. If their "best and brightest," keep abandoning their own country, then their countries will suffer brain drain also.

You Democrats bordering on accepting this horribly abusive toward Americans' policy need to reconsider and not listen to propaganda. It's just another instance of what went on in Wisconsin, of globalization, or free trade, it's all in the same wheelhouse. Screwing labor.
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OhioChick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 01:01 PM
Response to Reply #27
36. Well stated...
Time to put unemployed, skilled Americans back to work!

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

http://www.computerworld.com/s/article/9133529/U.S._H_1B_workers_outnumber_unemployed_techies

Recession Rocks IT Profession

http://www.govinfosecurity.com/articles.php?art_id=2066

"H-1B visa holders paid less in US"----Indian News Source

http://www.hindustantimes.com/H-1B-visa-holders-paid-less-in-US/Article1-147259.aspx





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scribble Donating Member (129 posts) Send PM | Profile | Ignore Mon Jun-20-11 01:41 PM
Response to Reply #18
38. I take it back ...
You aren't just naive. You are a troll.

I tried to give you the benefit of the doubt this morning, and I tried to be polite. But after reading how this thread has delveloped; I now believe that you couldn't possibly know this much about DoL statutes and policies, and not know how corrupt the situation is for domestic workers today -- especially in the skilled manufacturing and HiTech job markets.


... But keep posting. You flushed out a lot of people who are usually too timid to post. People who have seen terrible things happen over the last few years. People who need to share what they've seen.

Democrats are fully as guilty as Republicans for the job problems we have today -- and for the H1-B corruption we are all experiencing. I personally refuse to vote for Mike Honda, Ana Eschoo, Nancy Pelosi or Diane Feinstein ever again. They have not only allowed the very bad employment situation to develop in their Bay Area districts: They have personally encouraged it, and Diane Feinstein's husband has personally made a fortune from outsourcing good California jobs to India and China.

Your rule quote is bullshit and you know it.


sc
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Serve The Servants Donating Member (187 posts) Send PM | Profile | Ignore Sun Jun-19-11 09:48 PM
Response to Reply #5
15. Oh, go sell it somewhere else, pal
Regardless of what laws are on the books, abuse of this process is rampant. I've seen entire IT department floors of companies filled with nothing but "guest workers" here in the bay area. IT positions requiring no more than mid-level technical skills, while at the same time I could compile a very long list of local out of work and very capable domestic IT workers that I know.

Reeks of corruption and discrimination if you ask me.

Something tells me you benefit from this process, probably much more than I care to know, if I am to remain the least bit amicable with you.
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Sun Jun-19-11 10:35 PM
Response to Reply #15
17. Keep moving the goal post.
I follow American politics closely but I don't live in USA (I used to) so stop your insinuations.

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Serve The Servants Donating Member (187 posts) Send PM | Profile | Ignore Sun Jun-19-11 11:16 PM
Response to Reply #17
19. Well, then get back to us when you are actually invested in this matter
other than presenting an opinion while abroad, seemingly designed to whitewash the well known and documented corruption experienced by those with first hand knowledge.

Myself and others will continue to fight this issue while on the front lines.
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Sun Jun-19-11 11:31 PM
Response to Reply #19
20.  I'm whitewashing? Quote me.
I posted the link to the law designed to protect American workers and it not my opinion.
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Serve The Servants Donating Member (187 posts) Send PM | Profile | Ignore Sun Jun-19-11 11:44 PM
Response to Reply #20
21. Oh, I don't know. Maybe... "RIDICULOUS!" says it best,
followed by "Sorry folks, this lady is at the very best misinformed and at the worst spreading lies."
What, do you know her personally or familiar with what has happened to her beyond this report? I don't, but I know plenty of people like her, so I'm inclined to believe her.

And adding the link to the rule book when you should know damn well the rules frequently get bent and broken.
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Mon Jun-20-11 12:04 AM
Response to Reply #21
22. She said there is no law. I cited the law from DOL. She is misinformed & sounds xenophobic.
Edited on Mon Jun-20-11 12:06 AM by Neutralator
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bfjdilbert Donating Member (7 posts) Send PM | Profile | Ignore Sat Jun-25-11 04:39 PM
Response to Reply #22
46. The person on camera is Correct H-1b LAW allows employers to bypass Americans
It is 100% legal for employers to bypass American citizens and exclusively hire offshore for jobs in the USA. Check your facts before you insult people who have done their homework.
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bfjdilbert Donating Member (7 posts) Send PM | Profile | Ignore Sat Jun-25-11 04:40 PM
Response to Reply #22
47. The DOL LAW you cite only applies to H-1b Dependent Employers not vast majority of H-1b companies
The text in the link you provided is confusing. The KEY term for the added compliance only applies to a very small number of H-1b DEPENDENT employers.
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bfjdilbert Donating Member (7 posts) Send PM | Profile | Ignore Sat Jun-25-11 11:33 PM
Response to Reply #22
50. Troll Alert - misinformed and dismissive comments are abusive
This poster has no knowledge of the facts, the law, or the situation, the law. The accusations of xenophobia are unfounded, unwelcome, and without merit. I suspect this poster is a troll.
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liberalmike27 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:35 AM
Response to Reply #20
29. Laws without teeth
I'm a gonna gum you into submission.

Seriously, you actually think there is anyone watching companies to make sure they don't hire someone for a third of the money, fire American employees, and give them the jobs Americans once had, when the whole program is designed to do so?

Neuro, you need to look up, and try to understand motivation. The motivation of these countries is to hire foreigners, for a third or less of the money as Americans, who are willing to rent cheap apartments, and sleep on the floor. Agreeing with the policy, in effect, puts Americans in competition, and is indeed clearly a race to the bottom.

I might add, even if someone was to question this, an employee would have very few resources, would likely have to go through decades in court, which they can't afford, then finally end up in a con-servative SC, and be ruled against.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Tue Jun-21-11 04:56 PM
Response to Reply #29
44. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
liberalmike27 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:18 AM
Response to Reply #5
25. Neutra
Buying into the propaganda. Yea, and teachers with degrees are "bilking" the american public too, yea, listen and repeat.

You can make an argument for anything. You just need to be smart enough to know you are being manipulated. In truth, they hire these guys for less than Americans. It's all about the dough.

The only real advantage to this would be at least the jobs are here, thus still paying some taxes. Since they pay these folks less, they don't pay as much in taxes. Sometimes they pay these imported employees a third.

It's the same as globalization really, and she's right, there is an unlimited supply of workers, and when Indians and Chinese get paid enough to where they are no longer profitable, they'll be another third world country, and another, and we're just going to go to shit here in America, all because of stupidy of some who believe ever dumbass argument someone makes.
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dotymed Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 10:30 AM
Response to Reply #25
34. I googled the currency exchange rates
between rupees and USD($). It is currently approximately 5 to 1.

I was curious when I saw the employment ads. So, earning 250000 rupees is roughly equivalent to earning $50,000. That was the highest pay I saw advertised. IDK about Seattle, but I suspect that is a pretty low wage for the area.

The low end of the job offer was about $11000 annually.

Of course it is all about screwing people so the corporations can make more profit and pay better CEO bonuses to their buddies.

Just curious, what political party does the great philanthropist, Bill Gates, claim to be a member of? It really does not matter in our current, corporate political party. It is all about the Benjamin's, fuck Americans and America.

This is undoubtedly a "race to the bottom." GREED..

PEOPLE BEFORE PROFITS!

FAIR TRADE NOT FREE TRADE!
LET THE REVOLUTION BEGIN,NOW DAMMIT.
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scribble Donating Member (129 posts) Send PM | Profile | Ignore Mon Jun-20-11 09:58 AM
Response to Reply #5
33. I know you believe this ...
but you are wrong.

Large employers can and do carefully create a hiring bias in favor of H1-B workers. I wish you could spend just one day each, visiting Google, Cisco, Yahoo, Oracle, Microsoft and some of the other large HiTech companies I've seen over the last five years. Just one day.

Walk though those offices (particularly technical offices) and you'll see about a quarter of those people are foreign-born today. Some percentages are MUCH higher. Where did they come from?

I am often the second or third interview for a Contract -- the person a company interviews in order to satisfy the H1-B requirement that they are considering American Citizens for the positions they create. Then they hire the H1-B applicant they had already selected.

You are correct, though; when you say that H1-B workers are scammed: They are, and most of them don't know it. They are lied to; it's just different lies.

You are very naive if you believe a single sentence of what you wrote. Do you work for the DoL? That would explain it -- the DoL has been out of touch and useless for years.

sc
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Mon Jun-20-11 09:19 PM
Response to Reply #33
40. I'll respond to you since you are polite than the others.
I DO NOT SUPPORT replacing American workers with Guest workers and I never said anything like that in the original post either.

I wholeheartedly support reforms that will (more) protect American workers. But I do not support spinning the story using misinformation and misinformed to make your blood boil. Also I condemn open display of Xenophobia in that video. Replace Indians with black people in that piece, you've got a classic racist tone. oh well brown ppl, who cares right?

"Unrecognizable. I cannot recognize the community...."
"I cannot go into the super market without feeling like I'm in an another country..."
"You can't see people that you are used to seeing...."
"There are 30 Indian restaurants in Seattle..."

Probably those words have come out Sarah Palin's mouth to recognize the Xenophobia?

Indian probably consume 25% of the guest worker program. Why single out Indians and attack them for something they don't control? Why personally attack me for pointing out these things?

Attack the politicians who can make the change... Go support Sen. Grassley who has been going after guest worker program for many years.

Stop shooting the messenger.
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OhioChick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-21-11 11:02 AM
Response to Reply #40
42. If you're going to pull the "Go support Grassley" spin......
I better catch you up to speed. Grassley also has the support from Sen. Durbin (D) and Sen. Sanders (I).

Oh, and Sen. Schumer (D), as well...


Senator Schumer: H-1B use undercuts pay, discourages tech enrollments

Schumer said the H-1B program has morphed into program used to hire foreign tech workers "willing to accept less pay than their American counterparts."


http://www.computerworld.com/s/article/9180646/Senator_Schumer_H_1B_use_undercuts_pay_discourages_tech_enrollments

Nearly half of H1B visa holders from India: US report

http://articles.economictimes.indiatimes.com/2011-01-16/news-by-industry/28428170_1_h-1b-visa-h-1b-programme-h-1b-hiring

Senate's H-1B foes begin new attack


Computerworld - WASHINGTON -- With the cap on H-1B visas reached last week, proponents have renewed calls for a higher cap. But two leading critics of the program may be getting ready to seek new restrictions on the use of foreign labor.

U.S. Sens. Charles Grassley (R-Iowa) and Richard Durbin (D-Ill.) sent a letter Monday to Secretary of the Department of Homeland Security Janet Napolitano that outlined their concerns with the H-1B program. They were responding to a Government Accountability Office report this month that recommends reforms to the visa program.

Among the changes the GAO is seeking is better accounting of H-1B use. The government doesn't know how many H-1B workers there are in the U.S. or how many stay after their visas expire, the watchdog agency said.

The the senators wrote, "We are deeply troubled that DHS has no idea how many H-1B visa holders are working in the United States at a time when millions of Americans are unemployed."

http://www.computerworld.com/s/article/9207458/Senate_s_H_1B_foes_begin_new_attack





Google is your friend.
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daggahead Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 02:36 PM
Response to Reply #5
39. Hi!
Are you a recruiter for an Indian IT company, or just one of the HR people that try to justify screwing Americans that are fully qualified for these kinds of jobs?



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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Tue Jun-21-11 01:00 PM
Response to Reply #5
43. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
bfjdilbert Donating Member (7 posts) Send PM | Profile | Ignore Sat Jun-25-11 04:30 PM
Response to Reply #5
45. @Ridiculous - Dan Rather's Facts are Accurate - Proof
H-1b visa laws are as clear as mud,.. Shockingly, even the members of Congress who passed H-1b legislation mistakenly believe that employers cannot bypass Americans and exclusively hire offshore for USA jobs. Sadly they can.

The DOL text in the link you site is confusing http://www.dol.gov/compliance/guide/h1b.htm. The additional compliance requirements (e.g. LCA) are ONLY required for H-1B dependent employers (>15% workforce large companies) NOT the vast majority of companies using H-1b visas


Here's the law
“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,”
Source US Department of Labor Strategic Plan, Fiscal Years 2006-2011

Facts - As of June 2011, US H-1B law
Does NOT require employers to hire America Citizens

Does NOT place any "priority" to seek American citizen before hiring offshore

Companies CAN and DO layoff American citizens and recruit H-1b workers for the same/related position.

Companies ARE NOT required to file Labor Condition Applications for H-1b Visa workers.




*** Additional requirements for H-1b Dependent Employers *** http://www.dol.gov/compliance/guide/h1b.htm
H-1b Dependent ONLY are required to file the following

The H-1b Dependent 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 H-1b Dependent employer will not place any H-1B worker employed pursuant to the LCA at the worksite of another employer unless the employer first makes a bona fide inquiry as to whether the other employer has displaced or intends to displace a similarly employed U.S. worker within 90 days before or after the placement of the H-1B worker; and

The H-1b Dependent 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.

**** Note, unfortunately these added compliance requirements ONLY apply to a very small number of employers. Employers are under ZERO obligation to hire American citizens and can layoff Americans and hire foreign replacements without penalty. ***
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bfjdilbert Donating Member (7 posts) Send PM | Profile | Ignore Sat Jun-25-11 11:19 PM
Response to Reply #5
48. @Ridiculous Mis-information, here are the facts
@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."
----------------------------------------------------
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)
----------------------------------------------------
-- 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).
----------------------------------------------------
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 .
----------------------------------------------------
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.
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davidwparker Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 07:54 PM
Response to Original message
7. kick for later
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 07:59 PM
Response to Original message
8. I just finished all portions of this program. It is well worth the time.
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Sen. Walter Sobchak Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 08:28 PM
Response to Original message
10. The H1B's aren't the interesting part of this story
Edited on Sun Jun-19-11 08:30 PM by Sen. Walter Sobchak
And a lot of what the woman says is incorrect at best,

It is the job listings seeking candidates with B1 or B2 visas, that is explicitly illegal. One can't work with a B2 visa period and the work one may do with a B1 visa is extremely limited and has to be done as an employee of a foreign company. A US company can not directly employ a foreigner with only a B1 visa.
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sulphurdunn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 08:51 PM
Response to Reply #10
12. I think
a company like Microsoft can pretty much do whatever it wants. If it gets caught and slapped on the wrist...well, that just the cost of doing business.
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Sen. Walter Sobchak Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 08:59 PM
Response to Reply #12
13. I don't think that was Microsoft
But it was US employers explicitly advertising jobs to ineligible visa holders.
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sulphurdunn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 10:20 PM
Response to Reply #13
16. I was just looking
for an opportunity to badmouth Microsoft. Microsoft has made Bill Gates rich by retarding the development of software technology for the last 20 years. The guy never stops spouting off about the "best minds", although I'm not sure how he'd recognize one, being as how every time he opens his mouth he reveals his inability to distinguish between hubris and intelligence.
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liberalmike27 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:38 AM
Response to Reply #16
30. Allowing the "best minds" is the propaganda
yet hiring the cheapest employees for a third of the money is the aim of the law, once again, which makes it ridiculous to think the congress or anyone is going to do anything to stop them from skirting the letter of the law. Allowing them to hire cheap foreign labor is the real purpose.

You've got to realize this, and it's true of almost everything. There is what they tell you, and there is the truth. You know what they tell you. But being smart enough to glean the truth, the seamy underbelly if you like, well, that's up to you. Either you repeat their bullsquat, or you think a bit and say...hmmmm...that just doesn't sound right, I think someone is trying to pull the wool over on me.
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roxiejules Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:20 AM
Response to Reply #13
26. Kinda like the corporations who recruited illegal
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sulphurdunn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-19-11 08:48 PM
Response to Original message
11. H1-B workers
can be hired instead of qualified Americans? H1-B workers can REPLACE American workers? Now, there's a campaign issue the Democrats could ride into huge majorities in Congress. I'll bet they're gearing up to do that very thing. :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm:
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bfjdilbert Donating Member (7 posts) Send PM | Profile | Ignore Sat Jun-25-11 11:30 PM
Response to Reply #11
49. H-1b isn't democrat/republican its corporate greed vs middle class
Lawmakers on both sides of the aisle receive generous political contributions, mis-information, and influence from greedy corporations to influence H-1b policy. Sadly the people affected by H-1b and other alphabet soup corporate visa laws, everyday hard working American citizens, many laid off, are unable to fund efforts to get our voices heard. This is why we are so grateful that Mr. Rather has LISTENED and giving us a chance to tell our side of the story.
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roxiejules Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:13 AM
Response to Original message
23. Wikileaks: Large-scale documentation fraud in India
Publicly leaked Wikileaks cables from the U.S. Consulate in Chennai suggest that fraudulent visa applications in India are on the rise

http://www.hindu.com/2011/04/21/stories/2011042153301100.htm


After sifting through visa applications received by consular offices in India during 2008 and 2009, the United States Consulate in Chennai, where the country-level coordination office for Fraud Prevention Programme is located, found that the volume of fraudulent applications was on the rise. In a cable sent from Chennai ( 229319: unclassified, dated October 13, 2009), the States of Gujarat, Punjab and Andhra Pradesh were identified as hubs of such fraudulent practices. Hyderabad in particular was seen as a centre of large-scale documentation fraud. This affected visa processing not only at the Hyderabad centre but also in other offices in India, the cable said.

This cable, along with two cables ( 195313: unclassified, dated March 5, 2009 and 216420: unclassified, dated July 14, 2009) sent from New Delhi and Mumbai respectively, listed different types of fraud, described some key incidents, and named some agencies and people involved.

In the case of the business visa, some applicants submitted “fraudulent experience letters and fake document packages, which include passport copies of false relatives, bogus financial documents, and affidavits of support.” “Many student applicants, even legitimate ones,” presented “fraudulent packages of bank statements and land documents in their interviews.”



http://www.littleindia.com/news/128/ARTICLE/8071/2011-05-12.html


Peddlers of fraudulent documents abound and operate quite openly in major Indian cities and even some of the smaller towns. Government officials are not above fraudulent issuances either. Virtually all birth certificates, death certificates, and marriage registration documents can be purchased from corrupt local government officials or brokers...”

The number of B1 (business) and B2 (pleasure) visa fraud cases doubled from 1,089 to 2,121 in first six months of 2009, according to the report.

The state of Andhra Pradesh, and in particular its capital of Hyderabad, has been identified as a large center of documentary fraud which affects all India posts…. In the 18 months prior to the start-up of consular operations in Hyderabad, FPU Chennai investigated 150 companies in Hyderabad, 77 percent of which turned out to be fraudulent or highly suspect.



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islandspirit Donating Member (28 posts) Send PM | Profile | Ignore Mon Jun-20-11 12:18 AM
Response to Original message
24. overriding issue
I think the issue is about age discrimination and our policy
regarding healthcare.
As workers get older, their premiums with companies rise
making them more costly for premiums & potentially
illnesses.
Getting rid of them and replacing them with much younger or
foreign cheaper workers drives down the costs for the company
and increases the return on investment for shareholders.
Until we understand that healthcare is SO broken in this
country and adopt a single payer, or not-profit system, it is
only going to get worse, a lot worse.
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liberalmike27 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 12:43 AM
Response to Reply #24
31. That happens too
But I don't think it has anything to do with what is going on here.
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dotymed Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 11:13 AM
Response to Reply #31
35. liberalmike27
IMO, at age 50 and in, not-so-great health, I think you greatly underestimate the financial incentive that hiring these younger/healthier workers has to these companies.

It is my experience that if, in addition to your age, a company "discovers" that you may be a liability on their health care premiums, forget it. You will not be hired. It doesn't matter how much experience and/or education you have.

It is just another indicator of America's "unfettered capitalism" that a company legally has access to your financial "report" and "W's" "medical privacy laws" made it much easier for the same company to get a copy of your health records. This was just another Orwellian named bill that does the exact opposite of what its name implies.

Seriously, the sooner that American's realize (as most other nations have), that our only recourse is to end this current (Robber-Baron) tyranny that passes for government, the better.

Government has to be taken over by the majority of Americans (as was the initial intention), and capitalism (at least) well regulated along with the recognition and enforcement of obvious inalienable rights, such as universal health care and Life, Liberty and the Pursuit of happiness for all, no matter what their sexual preference is; the sooner we can begin rebuilding America.

The republicans overtly state that we must "shrink" government. Of course, that allows them to oppress people even more. Government actually needs to expand and enforce "just" laws that are in the interest of the governed. Of course, an end to money in politics and "corporate person-hood" are essential.

We must "take to the (pot hole filled) streets" and not leave until we get our government back.
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Neutralator Donating Member (90 posts) Send PM | Profile | Ignore Mon Jun-20-11 01:53 AM
Response to Reply #24
32. You are very right. Age discrimination is a big factor in these cases.
Corporation definitely target older employees and the reason why we see few younger American employees complaining in these situation.

The other important factor often ignored is training. With the rapid changes in technology sectors, what is hot skill becomes outdated in 3 years and one has to keep learning all the time. Training yourself become very difficult because the companies don't put focus\money on training and also as an employee stays longer with the company, because of workload he has less time to train himself. Especially during recession companies don't take time to train the employees. I have seen this happen in 1997 Asian crisis, 2001 dot-com crash and now with the financial crisis. They go for easy/immediate solution which is to fire employees.

I definitely sympathize with these people who find it hard to get back on track. I blame American companies culture, management and methodologies. Lot of management still operate on the principle of "Hire and Fire". The people affected include guest workers. Companies are driven/scared by wall street and don't look any further than the immediate quarter. What needs to change is the American management principles and not scapegoat guest-workers program.
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Citizen Worker Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 01:35 PM
Response to Original message
37. In business schools this is known as "flexible labor markets." Flexible in that wages are driven
relentlessly downward.
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ChromeFoundry Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-20-11 10:19 PM
Response to Original message
41. The best solution is to scrap the entire program.
Start over. Institute a program that promotes citizens over corporations. A program just like they promised in their campaign speeches!

The next solution is to stop voting for politicians that are bought and paid for by these corporations. Politicians get the message really quickly when they know they are not going to have a chance in hell at another term without the support of the people.

The final solution utilizes pitchforks and screaming, but I don't think we want to go there just yet...
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Donna Conroy Donating Member (1 posts) Send PM | Profile | Ignore Mon Jun-27-11 11:51 AM
Response to Original message
51. I was on Dan Rather; DOJ is with us
I'm Donna Conroy, director of www.brightfuturejobs.com. You can see me discuss how companies are going to any length--including breaking the law--in order to avoid hiring Americans for their US job openings. This coverage is because we technical professionals are standing up and shaping the circumstances of our lives.

But it's been doubly difficult when our fellow Americans didn't seem to understand the problem. While sometimes it has felt as if we are all alone, we in fact have a powerful ally in the fight to end corporate discrimination: the Department of Justice.

They are recommending that Congress rewrite H-1B visa law, requiring companies to seek local talent first and "to hire any equally or better qualified U.S. workers who apply." They are concerned that "U.S. workers...have been impermissibly replaced by H-1B visa holders" and are seeking to "identify employers who may be engaged in a pattern or practice of discrimination against U.S. workers."

But they aren't just talking; they are ready to stop this corporate discrimination by reaching out to our members through a conference call on July 8th at 8:00pm. Please sign up here:
http://wfc2.wiredforchange.com/o/8711/p/salsa/web/common/public/signup?signup_page_KEY=6065

This conference call is but one of our chances to shape the circumstances of our lives. Of, by, and for the people is our deepest aspiration; now is your chance to tranform this aspiration into action by "partnering" with the DOJ to end this discrimination.

Donna Conroy
http://brightfuturejobs.com/dan-rather-visa-loophole/
Bright Future Jobs
Chicago, IL
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