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H-1B Visa

The Scams and the Problems

The US does not have a shortage of skilled engineers, they would rather pay to import workers at slave wages.

Killing The Middle Class


2016 Dell-EMC to Lay Off 2,000 – 3,000 US Workers after Requesting 5,000 H-1B Visas & Green Cards 2 Import Foreign Workers - How do they get away with this?

2016 Judge sends two to prison for 7 years for H-1B fraud Two brothers were sentenced Friday to 87 months in prison for running an H-1B fraud scheme intended to create a low cost, on-demand workforce, federal law enforcement officials said by sponsoring H-1B workers for jobs that didn't necessarily exist. The visa holders were only paid if the company was able to place them. COMMENTS Here is what happened. H1-Bs must be legally employed all (well most of) the time they are in the USA. To get past that rule, these H1-B shops act as employers and then farm out the employees to other companies. Employers need to pay H1-Bs at least the prevailing wage that is mentioned in their H1-B application. This employer did not. Instead, they reduced wages when the employees were on the bench. That is the violation that they have been convicted for. So this conviction is not that much about H1-B's replacing American workers as much as it is about an unethical employer paying his employees less than the promised wage.


From: Steven Schear steven.schear [at]googlemail
re: Andy Grove's Warning to Silicon Valley
Date: March 28, 2016
Beginning in early 2000s, I witnessed first hand what happens when Silicon Valley tech companies, focused almost exclusively on the near-term bottom-line, bringing in massive numbers of guest workers as a prelude to offshoring later development and manufacture.
Cypress Semi was a leader in convincing Congress that there weren't enough domestic engineers to meet their needs. In fact, there were but many had families and weren't willing to work, day-in-and-day-out, the often very long hours some SV companies desired and even for those that were amenable companies weren't willing to offer adequately compensation. Companies also weren't willing to adequately encourage education and grooming of domestic engineers. Instead, they got the H1B visa program greatly expanded at the same time senior domestic engineers were furloughed many never to work again in tech.
These foreign engineers, mostly new graduates working (in overtime exempt positions) through jobs shops, were (as required by law) paid the same as the domestic engineers they had replaced but they forced to work more hours (often nearly double). For years I would watch these workers on their way back to their flats in the East Bay late into the evening on BART. In this way tech companies were able to stay within the letter of the law (equal pay to domestic workers) while exacting many more labor hours than they otherwise could. Many of these foreign engineers would later return (not all by choice) to their countries where SV companies had set up subsidiaries or made arrangements with local industry to continue follow-on design, development or manufacture.


2015 Gaming the H1B system Large Companies Game H-1B Visa Program, Costing the U.S. Jobs. Data assembled by a young man who was unable to get an H1B visa to keep working for a small shop, showing that a handful of contracting companies have built a business model based on gaming the system for awarding those visas by crowding out applications from the companies actually needing workers

2014 The Techtopus: How Silicon Valley’s most celebrated CEOs conspired to drive down 100,000 tech engineers’ wages
In early 2005, as demand for Silicon Valley engineers began booming, Apple’s Steve Jobs sealed a secret and illegal pact with Google’s Eric Schmidt to artificially push their workers wages lower by agreeing not to recruit each other’s employees, sharing wage scale information, and punishing violators. On February 27, 2005, Bill Campbell, a member of Apple’s board of directors and senior advisor to Google, emailed Jobs to confirm that Eric Schmidt “got directly involved and firmly stopped all efforts to recruit anyone from Apple.” Later that year, Schmidt instructed his Sr VP for Business Operation Shona Brown to keep the pact a secret and only share information “verbally, since I don’t want to create a paper trail over which we can be sued later?” These secret conversations and agreements between some of the biggest names in Silicon Valley were first exposed in a Department of Justice antitrust investigation launched by the Obama Administration in 2010.

The top 10 users of H-1B visas last year were all offshore outsourcing firms such as Tata and Infosys. Together these firms hired nearly half of all H-1B workers, and less than 3 percent of them applied to become permanent residents. "The H-1B worker learns the job and then rotates back to the home country and takes the work with him," explains Ron Hira, an immigration expert who teaches at the Rochester Institute of Technology. None other than India's former commerce secretary once dubbed the H-1B the "outsourcing visa." *

H-1B Visas Goal Is NOT Find a Worker

Immigration attorneys from Cohen & Grigsby explains how they assist employers in running classified ads with the goal of NOT finding any qualified applicants, and the steps they go through to disqualify even the most qualified Americans in order to secure green cards for H-1b workers. See what Bush and Congress really mean by a "shortage of skilled U.S. workers." Microsoft, Oracle, Hewlett-Packard, and thousands of other companies are running fake ads in Sunday newspapers across the country each week.


It's a race to the bottom . . . SEE PAGE 2

Once we built a network
Made it from Your tax dollars and mine
Once we built a network
Now it's theirs
Buddy, can you spare a dime?





Once we built a Highway
Called the Net Gigabytes down the line
Now it just runs one way - Outta here
Buddy, can you spare a dime?
~ annonymous


Doug McIlroy
said, "Any system built without in-house talent produces out-house results."






Bill Tracker No Worries, the journalists who don't investigate and inform the public will also find their skills outsourced to the folks from other lands who won't report on it either. They want to keep the job.

The U.S.'s non-immigrant visa program, particularly the L-1 classification that allows companies to transfer workers from overseas offices to the U.S. for up to seven years while they continue paying workers their home country wage. According to research firm Gartner, Inc., approximately one of 10 U.S. technology jobs will be overseas by the end of 2004." - source


* How H-1B Visas Are Screwing Tech Workers Ironic with the recent launch of, which appears to be the latest in a long series of attempts to push computer science education. A few years ago, the pharmaceutical giant Pfizer informed hundreds of tech workers at its Connecticut R&D facilities that they'd soon be laid off. Before getting their final paychecks, however, they'd need to train their replacements: guest workers from India who'd come to the United States on H-1B visas. "It's a very, very stressful work environment," one soon-to-be-axed worker told Connecticut's The Day newspaper. "I haven't been able to sleep in weeks."
Established in 1990, the federal H-1B visa program allows employers to import up to 65,000 foreign workers each year to fill jobs that require "highly specialized knowledge." The Senate's bipartisan Immigration Innovation Act of 2013, or "I-Squared Act," would increase that cap to as many as 300,000 foreign workers. "The smartest, hardest-working, most talented people on this planet, we should want them to come here," Sen. Marco Rubio, (R-Fla.) said upon introducing the bill last month. "I, for one, have no fear that this country is going to be overrun by Ph.D.s."


Obama’s high-tech labor lies
We have no shortage of skilled engineers. Corporations would just rather import foreign ones on lower wages.


Silicon Valley's and Pharma's constant lobbying to import more foreign engineers under the H1B Visa Program drives down labor rates and is a classic old story for owners of capital, going back a hundred years. The H1B program has allowed American corporations to import of over a million foreign engineers and computer programmers from India, China, Russia and other countries. It’s a simple case of supply and demand. This huge mass influx of foreign labor has caused engineering and computer programming wage rates in America to plummet. Yes, lower wages for engineers raises the profits of Silicon Valley higher powers, just as the importation of African slaves in the 1700's sharpley raised the profits of American cotton and tobacco plantation owners.
But, there are terrible long term consequences. It has hollowed out American engineering schools. American kids who once would have dreamed of a good-paying engineering career now see that American engineers can no longer afford to buy homes or raise children.

No Software Engineering Jobs

The H1B program/scheme profits corporation but it does terrible damage to American society as a whole.

An investigation of recent trade dealings with India by Dan Rather Reports found little evidence to support the prevailing wisdom among Washington policy makers that helping U.S. business giants drum up new customers necessarily translates into new jobs for American workers at home -- at least in the short-to-medium term. Dan Rather …meet the man who started it all…the father of outsourcing in india. You should be worried about the future of the American economy, because our economy really depends on creating high wage, high tech jobs, and many of those are moving offshore.


Critics claim the federal guest worker visa programs are rife with abusive practices and that there's no shortage of the best and brightest talent right here -- especially now with more than 20 million Americans jobless or underemployed.


(Indian outsourcing consutancy firms) have used (the H-1B visa) to further their primary mission, which is to gain the expertise necessary to take on critical tasks performed by Western companies, and perform them in India at a fraction of the cost. Thousands of H-1B visas every year are being won by individuals acting as outsourcing ambassadors. Highly skilled and easily meeting the objective standards for excellence that the law requires, the employees interact with U.S. companies like Morgan Stanley and Boeing, gathering an outsourcing mandate and lubricating the flow of tasks to an Indian back office…

Let's get something straight: There is no shortage of engineers, computer programmers or scientists. I know this from personal experience, since it took me over 15 months to get a single job offer after receiving my bachelor's degree in electrical engineering (with a 3.59 GPA) in 1998.
I probably sent out 120 résumés to ads I saw in the newspaper and got about seven interviews -- so how can anyone in his or her right mind claim that there is a shortage of engineers?
The only ``shortage'' in the high-tech industry is that of honesty. ~ Randle C. Sink


HOW TO FIGHT 11/21/01
There *is* a way to fight this however:
Part of the H1b process is advertising the job. This is called "Labor Market Qualification" and you have to do it for F-1 (student work) visas as well now. The scam here is that they put little tiny ads in the San Jose Mercury News with almost all the words abbreviated and in the smallest type they can find. Any resumes that appear in response to such an ad must be "disqualified" and the INS apparently has access to this paperwork. I remember doing this a few times when I worked at Oracle (not the company I mentioned above, although Oracle has a lot of H-1bs)
So, what everyone who's out of work should do is *answer every one* of those ads that they're even remotely qualified (or overqualified) for. You'll make so much work for these companies, and leave such a long paper trail, that eventually this program will be more trouble than its worth. (keep a record of which ads you respond to, and *follow up on the phone* with the HR department of the company involved. The ads have code numbers on them which you should note down.)
You MIGHT get a job this way (we hired a couple people who did this persistently at Oracle. If an employer can show they hired a respondent for a different position, that gets them off the hook as well). You'll very likely get an interview and that's hard these days.
Make them explain why you werent qualified for the job if they say that. Prefereably in writing. If they wont put it in writing, write down the name of the person you're talking to, and the time and date and a summary of the conversation. Keep records. Just doing this makes it much harder for companines to give away jobs that should be going to people already here.
The important thing to remember is that they MUST disqualify you on some rational basis. And you're likely dealing with an HR flack, not a hiring manager. The hiring manager already knows who they want to hire and hopes there wont be any resumes to respond to.
I think you can probably also file a complaint with the INS about a company that persistently wont hire you. You could certainly send a stack of documentation to your Congressman and they'd likely be interested.
Always be polite. Don't threaten anyone, don't accuse them of being unAmerican or anything like that. Just stick to the facts and write stuff down. You *may* end up working at one of these companies...
If I end up layed off again (could be the 3rd time in a year...), I may do some of this myself... <-jcp->


Sergey Brin, cofounder of Google, is a native of Moscow. Charles Wang, the co-founder of Computer Associates, was born in Shanghai. There is a Growing movement in the startup community to lobby for the creation of a Startup Visa, which would be issued to any founder owning more than a threshhold amount of a VC-funded, accredited startup.The blog was put up to start organizing the energy and enthusiasm around this idea. The current proposal is to modify the EB-5 visa, which allows immigration for wealthy foreign investors who put at least $500,000 of their own money into an American company, to also cover foreign founders.

Debunking the Myth of a Desperate Software Labor ShortageIn a July 13, 1999 column by Nathan Cochrane in an Australian publication, Fairfax IT, computer graphics guru Carsten Haitzler noted, "Be wary of H1-B visas in the USA - you basically get shackled to a company... Being a non-American in the USA is almost like being a second-class citizen."'

Security experts join list of most-wanted migrants
" The list of jobs on the MODL has shrunk to a dozen, from a high of 26 last year, mostly centred on big-ticket e-business implementations and operating systems expertise, and is expected to fall to just a handful in the next few weeks."

Visa O1. The O1 is generally given to top-tier classically trained musicians, professional athletes, and Nobel Prize winners.

2006 Kill the Skill Bill - Daily Kos
The SKILL Act of 2006 has been designed to devastate the careers of  professionals all across America.  The SKILL Act of 2006 is actually two bills.  One in the House of  Representatives (HR5744) and one in the Senate (S-2691).
The legislation will:

  • A) Immediately double the number of H1B visas, which are allowed each year to bring in low paid computer professionals from other countries.
  • B) Increase the number of H1B visas allowed by 20% each year indefinitely into the future.
    This act will provide unlimited guest worker visas to devastate the American middle class.  Programmers and engineers are not the only jobs targeted.  The H-1B, H-2B, F-1, and the new F-4 visas are focused on all professional occupations.

"Last year, Stanford University awarded 88 Ph.D.s in electrical  engineering, 49 of which went to foreign-born students...." [ 4/6/06 - Businesses Make a Push For High-Skilled Foreign Workers*]
begs a question about admission policies and the shortage of native engineering grads. Did Stanford get only 39 applications from US citizens who met its minimum eligibility requirements? Or did it turn down eligible US citizens in favor of foreigners with sexier applications? For 30 years I've been hearing it gets 10-20X more applications than there are slots so I suspect it's the latter.  It's a private school and can do pretty much what it wants but I think the question is quite relevant to taxpayer-supported schools.

The Foreign Labor Certification Data Center is the location of the Online Wage Library for prevailing wage determinations, and the disclosure databases for the temporary and permanent programs. Skills Page .Online Wage Library OES Search Wizard
OES Quick Search
SCA Search (from
Foreign Labor Certification (FLC) disclosure data are available for the Permanent, H-1B and H-2B programs.

Copies of "Stolen Jobs" Series Available Free to Media
WASHINGTON (27 May 2003) — If you're a policy maker or an investigative reporter, you've got to see “Stolen Jobs.” Produced by WKMG-TV, Local 6, in Orlando, Fla., “Stolen Jobs” provides an in-depth look at how some employers take advantage of loopholes in the nation's immigration laws to replace U.S. engineers and computer scientists with cheaper foreign workers on H-1B and L-1 visas.

T.O.R.A.W. The Organization for the Rights of American Workers
"The Organization for the Rights of American Workers" is a grass-roots initiative demanding that U.S. jobs be preserved first and foremost for U.S. citizens. Off-shoring, near-shoring, H-1B, L-1 and many other Visa types, have displaced millions of American workers and students throughout the country. Decisions made via political policies which cater to corporate interests are not in OUR best interest. Join our cause to reverse the loss of jobs, the lack of employment opportunities and the ineffectiveness of educational advancement.

e-Week -- CWA Calls for Repeal of H-1B Program 
Claiming that the H-1B visa program has "proven to be abusive of domestic workers in several ways," the Computer Workers of America union has passed a resolution condemning program abuses and called for the program's immediate repeal.
The CWA has had reservations about the visa program in past years, union officials said, but the straw that broke the camel's back was President Bush's FY 2003 budget proposal, [\ which proposes the elimination of a technical skills training program for American workers that is funded by the $1,000 fees paid by employers that file for H-1Bs. The Bush administration wants to shift some $138 million out of the current H-1B visa-generated training account and apply it, and all future funds, to faster processing of permanent foreign labor certificationsa move the CWA derided in its resolution as adding "insult to injury."

Layoffs at Sun prompt inquiry over H-1B visas

By Jennifer Bjorhus Mercury News
The continued use of the H-1B visa program during one of the tech industry's most severe downturns, when thousands of people have lost their jobs, has heightened renewed criticism of the program. It is a hot-button issue with many U.S. engineers who fear the country is giving away its tech jobs. Santiglia told the Justice Department that Sun discriminated against U.S. citizens during its layoffs and in its hiring since then. In an interview, he said he thinks the company favors H-1B visa holders and suspects those workers may be paid less and may be more pliable. Santiglia said the U.S. Department of Justice's civil rights division in Washington, D.C., ``has asked for the citizenship status of every Sun Microsystems employee before and after the layoffs.''

No talent shortage in U.S. (7-29-2001)
"I am not shocked by the content of the Mercury News' recent article ``Tech Talent Alarm Sounded'' (July 22). However, I am shocked that Congress and much of the media are accepting the pro-immigration lobby ``party line'' without question.
The cold, hard truth is this: Many U.S. companies have outsourced their talent-recruitment to third parties who refuse to hire qualified U.S. scientists, programmers and engineers because they are perceived to cost more than imported H1-B replacements.
There is actually a huge surplus of high-tech brains in America, but we have zero social capital. That is why we can be discriminated against with impunity. I personally spent seven years in poverty while looking for high-tech employment. How did I escape? By removing my Caltech master's degree and my six years of NASA experience from my application.
By pretending to be a mediocre worker instead of a genius, I was suddenly offered work by the same companies that had refused to consider me before.
Yes, in the 21st century it has become necessary to lie on the résumé and pretend to have lower qualifications in order to avoid being discriminated against by the anti-genius, anti-U.S.-worker high-tech establishment.
~ Tom Nadeau Dickson, Tenn. Honesty is what's in short supply

2000 - On the Sidelines H-1B Visas Leaves Minority Workers on Sidelines
Carrie Kirby, Chronicle Staff Writer Thursday, October 19, 2000
William Kramer didn't want to blame racial prejudice for his failure to find an engineering job. But after a year of job hunting in Silicon Valley's booming economy, he began to wonder what was going on. Despite his credentials -- he is a master's candidate in physics with experience at Lawrence Livermore, Lawrence Berkeley and Los Alamos national laboratories -- Kramer (who did not want his real name printed) couldn't land a job. Then, one day this spring, his phone started ringing with all kinds of promising job offers. It hasn't stopped since. Kramer isn't sure what made the offers start pouring in, but he has a theory: Shortly before the calls started, the year's supply of 115,000 H-1B visas was used up.
  • Tech companies only start to hire minorities when they can't get any more foreign workers. H-1B visa is like giving company welfare.
  • President Clinton signed H-1B program bill to bring 195,000 foreign workers. African Americans, Latinos, women, older workers and other groups are loosing opportunities. There are no provisions requiring employers to try to recruit from minority groups first before hiring a foreigner.
  • Local Graduates of Community Technology programs want entry level jobs so they can advance in a company, but are can't compete with foreigners for that job.
  • The Shortage is Bogus. Tech companies don't hired as many women, members of minority groups and people with disabilities as other industries do.
  • African Americans and Latinos only 3 percent of tech workers, about 10 percent of the U.S. workforce.
  • Women nearly half of the U.S. workforce, only a fifth of U.S. science and technology workers, from lack of encouragement for women to enter this field in the education system and society as a whole
  • Older tech workers of all races and both sexes often report being underemployed.
  • American University Professor Laura Langbein studied this phenomenon and found that for every year of age, it takes an engineer an additional three weeks to find a new job.
  • Companies don't bother to follow the rules of first hiring a US citizen.
  • Intel and other high-tech companies seek out H-1B workers because those workers tend to earn less and because visa holders are less likely to job hop than Americans. It's like getting cheap slave labor. H-1B rules say visa holders should be paid the same as Americans for the same jobs, but that rule is unenforced.
  • On average H-1B holders earn less than other workers. H-1Bs earned a median salary of $47,000 in 1998 and 1999. The median salary for all computer programmers in 1998 was $53,400, and for systems analysts it was $54,110. Bay Area, programmers made around $65,210 in 1998, and systems analysts made $61,860.
  • Have you thought of the H-1B visa issue as simply a numbers game? When Congress last month nearly doubled the number of H-1B visas for temporary foreign workers for the next three years, Silicon Valley's high-tech companies cheered. But the lawmakers' quick fix did nothing to tackle the fraud and abuse that plague the program and little to prevent backlogs that leave workers and companies in limbo.


U.S. Tech Firms Abusing Visa Program, Critics Say By JUBE SHIVER Jr. , Times Staff Writer
WASHINGTON -- Amid a massive wave of tech layoffs, U.S. firms obtained government approval to bring in a record 163,200 foreign workers under a controversial program that critics say is being abused to hire cheaper overseas talent.
Although the number of visas approved under the H-1B program fell short of the 195,000 allowed annually, the hiring binge in the fiscal year that ended Sept. 30 has caused a furor in an industry that has experienced more than 600,000 layoffs over the last 10 months.
"At a time when hundreds of thousands of Americans are out of work, many employers are rubbing salt in the wound by hiring foreign workers," said Dan Stein, executive director of the Federation for American Immigration Reform, a Washington group that has long sought to curtail immigration to the United States.
The record applications for foreign workers--the majority of whom take jobs in the high-tech industry--come more than a year after Silicon Valley mounted a multimillion-dollar lobbying effort to persuade Congress to expand the program to satisfy skyrocketing demand for highly skilled workers.



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