General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat progressives need to understand about about the H-1B program.
* It is not only for truly "high skilled" workers, despite the program usually being referred to as "high skilled visa".
* Many employers abuse the program to get controllable workers who are more easily abused than Americans.
* In my direct experience, the H-1B program has zero to do with compassionate immigration policy. The people who arrive on these visas are generally from the higher classes in their home countries. These workers are coming here to get what is an enormous salary to them based on the exchange rate (at the expense of their family life in the home country of course). (To my knowledge there is no preference or consideration given under the H-1B program to circumstances warranting asylum or protection under other programs.)
* EVERY job filled under the H-1B program, removes an opportunity from the "opportunity pool" that could and instead should be directed to creating opportunities for historically oppressed and marginalized people in this country. << I would expect progressives to support creating better opportunities for African-Americans and other groups that are at a disadvantage in our society.
The below article illustrates one of the more insidious factors of the program as currently implemented (emphasis added):
https://news.bloomberglaw.com/daily-labor-report/h-1b-workers-put-in-long-hours-to-reach-the-american-dream
Yup, being sent back and probably not being able to get back in, due to the lottery system.
That's not exactly an equal power balance, huh?
That requirement was based on the idea that H-1B workers conditions would be improved to match U.S. labor standards, Sarasota, Fla., attorney Sara Blackwell told Bloomberg Law. Instead, it appears that employers are downgrading those standards across the board, she said.
Um, ya THINK ????
Okay, that was a naive fantasy to begin with. Here's an example of how it really works:
Another former H-1B worker at TCS said he put in almost 12 hours a day for most of the time. Only eight or nine hours were actually worked in the officebut employees were expected to log into the online system once they went home, and again on the weekends, he told Bloomberg Law.
Workers earned $60,000 to $65,000 per year, based on a 40-hour workweek, he said. But the concept of overtime didnt exist, and no extra pay was allocated for working up to twice that amount of time, he said.
The same worker said employees were provided paid sick and vacation leave on paper, but were never actually allowed to take it. Anyone who called out sick was still expected to log in and work from home, he said.
Choudhary says these conditions not only exploit H-1B workers but create an industry that drives out everyone else. A normal American would never be able to work for them, he said.
Please read the full article at the link:
https://news.bloomberglaw.com/daily-labor-report/h-1b-workers-put-in-long-hours-to-reach-the-american-dream
And this is just focusing on the work hours aspect. There is much more about the program and its consequences that is highly anti-labor.
And yet, when I searched DU to see if this article had already been posted ... I gave up after reading just a few threads on the H-1B topic ... so much misinformation - and in some cases a dismissive attitude that "these jobs pay well, so why should progressives care about this?"
- this is why I sometimes want to give up on Democrats. Except republicans are evil. But then, for people who don't care about the other things I care about (environment, women's rights, LGBTQ and minority rights, etc), the attitude of not giving a shit about workers, even workers that make a decent salary (let's not talk about hourly rate though), is one more nail in the coffin of them EVER voting for a Democrat. You don't care about me? Why the HELL should I vote for YOU?
For what it's worth, I will always vote for the better option on issues across the board, and it's been a very long time since I've seen a republican even pretend to be better than the Democrat on most issues. But in any primary, the only Dem that gets my vote, has to be a supporter of workers' rights, including understanding the H-1B program and wanting appropriate changes to it.
exboyfil
(17,862 posts)No need to have fake job ads. No tying to a single employer. Only restriction is no taking advantage of the social programs. Fee of $50k/yr. If a US can't compete under those conditions, they are.in the wrong position.
Dream Girl
(5,111 posts)Labor than give underserved people of color a decent education and skills trading. Think about all the black men housed in prison who with decent opportunities and trading could do those jobs. This isnt the way it has to be.
MH1
(17,595 posts)mention, at least in the near term.
*** BUT ***
those jobs are not out of reach for people at the next skill level down, who could be upskilled by training and mentoring. When that person gets promoted into the good job (instead of the good job being outsourced to a foreign worker), that makes an opportunity for the next skill level down. And so forth, until the people you are talking about get the opportunity to get on this train.
Or think of it as a ladder. "Ladder of Opportunity". Hiring H-1Bs at the upper rungs removes those rungs, and keeps people on the lower rungs from moving up, and thus prevents opening up the rungs below them.
Dream Girl
(5,111 posts)MH1
(17,595 posts)because people need to understand it's not as simple as "person from country X took a job from this poor American", because it isn't usually a direct thing - that specific American could not have done that specific job. But SOMEONE already here could have, and opened up a chain of opportunities resulting in a new opportunity to offer to that specific American.
whathehell
(29,067 posts)and it's abuses. It was written about 20 years ago by pulitze prize winning journalists, Barlett & Steele and is WELL worth reading if you haven't yet done so
P..S. I share your frustration with the low level of attention giiven workers and economic issues in the present day democratic party.
MH1
(17,595 posts)20 years ago this problem was known about.
Progressives should think about all the lost dreams and lost potential of American workers who didn't get those opportunities.
There are Democrats who do care and give attention to these issues. But not enough.
whathehell
(29,067 posts)One of the reasons I like Bernie and Elizabeth Warren so much is they've brought attention back to those issues.
area51
(11,905 posts)MH1
(17,595 posts)The page you linked doesn't seem to be up to date. But their Facebook page is active. Right now, active with lots of people regretting their votes for Trump.
Because Trump at least gave lip service to supporting American workers. (Hillary did not, but as in my last couple statements of my o.p., I don't base my vote on just this issue. Dems need to understand, and stop throwing American workers under the bus.) But of course Trump is and always was, a complete fraud who cares only about Trump. So anyone who actually thought he was going to fix H-1B was seriously deluded. Still it is always fun to see a bunch of them coming to that realization.
stuffmatters
(2,574 posts)jxla
(201 posts)In case anyone thinks the average small employer has a chance with this process. But employers do not have to file anything with the DOL or USCIS to hire Asylees, Refugees or DACA recipients - just check their employment authorization docs.
https://www.aila.org/infonet/dol-fact-sheet-changes-eta-form-9035-9035e
https://www.aila.org/infonet/dol-invites-stakeholders-webinar-eta-9035-9035e
https://www.aila.org/File/Related/18121411a.pdf
https://www.uscis.gov/i-129
https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker
https://www.uscis.gov/i-129Checklist
https://www.uscis.gov/i-129-addresses
https://www.uscis.gov/i-907 Request for Premium Processing Service $1,410 as of 10/1/19
Premium Processing Service provides expedited processing for certain employment-based petitions and applications. Specifically, USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee.
Adjudicator's Field Manual - General Requirements for H Petitions https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13593/0-0-0-13680.html#0-0-0-509
Adjudicator's Field Manual - H1-B Classification and Documentary Requirements. https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13593/0-0-0-13813.html#0-0-0-511
I retired from the Nebraska Service Center in late 2016 after 28 years in the Records division. It was time. My unit acted as liaison between mailroom/data entry/file room contract employees and the Adjudications division to deal with problem cases that didn't fit into the contractor's standard processing guidelines.
We also entered Premium Processing request data into a tracking database that a coworker created, and matched up the PP requests with the the underlying Petition so Adjudications could get the case worked within the 15-day deadline.
MH1
(17,595 posts)Sounds like you agree that this is not a program that benefits small employers; it is for the big players only.
I contend that it is also very harmful to workers. Especially American workers that are displaced, but I don't think it is beneficial to create a major financial incentive to break up families who are not persecuted or otherwise disadvantaged in their home countries.
IronLionZion
(45,423 posts)This line is just the tip of the iceberg.
I encourage DUers who are truly interested in reforming the program, to try working for companies like TCS. It will rock your world in ways you can't even begin to imagine. It's doable, they recruit US citizens fresh out of college and more experienced US citizens too. They never last more than a few months, but it would be a real education for folks to find out why.
And the most progressively shocking thing about this whole problem is that many IT workers are unionized in India, not here. TCS has had strikes in India, workers in the US wouldn't even dream of it.