aside Solution to Fixing the HIB VISA Abuses, PART VIII


disney brazil it-sector-creates-majority-of-jobs-in-brazilPersonally, I want to see solutions being proffered that realistically address the issue of U.S. undocumented workers and the abuse of the H1B visa program by too many U.S. companies. The abuse that has been amply documented, occurs when companies fire U.S. tech professionals who are then replaced by foreign H1B visa holders at much lower wages from outsourcing contracting companies, based mostly in India.

Doug Blatt has proffered some interesting ideas to consider as possible solutions, “Issue Position: American Jobs, Offshore Outsourcing, H1B Visas, and Immigration,” which has been published in a “Vote Smart” publication. The following are some excerpts: 

“We all agree that when here in the United States, we should all have a fair chance at jobs that we are qualified to perform.”

DISNEY H-1B VISAS I4753125_orig

‘The problems arise when people and companies violate the laws of the land. We have immigration laws that many people have adhered to while others haven’t. To be fair, those that have adhered to the laws should not suffer because others haven’t obeyed those very same laws. That is true of immigrants coming across the border illegally, as well as those that have overstayed their visas. If I were to go to another country illegally or stayed beyond my visa, I wouldn’t expect to be able to get a job. When employers hire people illegally, it is just as unfair to the legal workers as it is to the company’s competitors that are obeying the law. When employers are looking to hire a worker they are required to first try to find a legal US citizen or resident alien (green card holder) before asking for a visa for a foreign worker. If they are unable to find a citizen or legal resident when trying to fill a position, then they are allowed to request a visa for a foreign worker. If they hire a foreign worker, who requires a visa, the employer is required to hire them at the prevailing wage of citizens and other legal residents. Those are the laws of the land, yet there are many cases when they weren’t obeyed.”

‘While there are immigration and work visa laws that I would change, I would still expect the current laws to be enforced and obeyed until they are changed. The first change I would make would be to eliminate the part of the law that says an H1B visa holder can’t switch jobs while still on the same visa. This one clause makes it possible for employers to take advantage of H1B workers; such as paying them lower wages because they know that the employee can’t leave without having to go back to their country of origin. That is tantamount to indentured servitude.”

DisneyBreakFlickrJimDeLa protest

“There are plenty of out of work citizens and resident aliens that need jobs. I would like to institute a database of those workers and their skills that employers would have to search and interview from before asking for a visa for a foreign worker. Some people would consider this protectionist; I consider it a mechanism or system that aid in enforcing existing laws. If the employer did request a visa for a foreign worker and decided to hire someone from another country, they should have to prove that person is more qualified than anyone in the out-of-work workers list.’

‘Undocumented workers, or as some call them …illegal immigrants, are here because they can’t support their families back home. I don’t have a problem with them. If we have as many undocumented workers as we have been told, finding them all and sending them home is going to be logistically, nearly impossible. We need to find a way to accomplish our goal without breaking the bank. We need to locate them and make them legal and punish the employers for hiring them, without declaring amnesty. I believe offering those workers work visas and getting them documented, while fining the employers for hiring them illegally would be possible. If all of those workers were legal, they would be paid legal taxable wages. We could also require those employers to search the out-of-work worker list. Once we have full employment, even the economist’s full-employment rate of 95%, we can then afford to hire foreign workers. When we are all employed, the economy rolls along nicely and grows well, but when we aren’t all employed the economy tanks.”

disney WageDifferenceSCEdisonStudyH-1b-500x251

“Next, I would like to have a plan to consider companies that have more employees overseas than they do here as a foreign company. We probably would have to set up some sort of classification that puts them into a separate category from companies that have a majority of their workers here in the U.S. and separate from companies that are headquartered elsewhere. I am not sure what these classifications would affect but I am betting that foreign companies aren’t allowed to have certain kinds of contracts with the government when national security is involved. I do not know if this would stop off-shoring of American jobs, but it might draw attention to companies that do follow the practice.”

“Why do I care about these things? I care, because American workers care about these things. I care, because I once lost my job due to offshore outsourcing. I care, because I have seen many cities and towns in the Midwest seriously hurt by plant closures. Some of my views may be more conservative than some would like, while others probably won’t think they are conservative enough. I just want to make it fair for the people of the United States.”


Comments are closed.