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Sloan West Coast Program on Science and Engineering Workers The H1B Program and Labor Certification:

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20 CFR 655.740 (1) Certification on labor condition application. ... McDonalds, Discover, and others. The issue I am facing is L-1s now more than H-1b visas. ... – PowerPoint PPT presentation

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Title: Sloan West Coast Program on Science and Engineering Workers The H1B Program and Labor Certification:


1
Sloan West Coast Program on Science and
Engineering Workers The H-1B Program and Labor
Certification Attestation and PERM Friday,
January 18, 2008
  • MR. KIM BERRY
  • PROGRAMMERS GUILD

2
H-1b Influx is independent from labor market
2000-2004 record H-1b influx
  • Tech workforce's ranks shrinking
  • By Deborah Lohse and Mark Schwanhausser San
    Jose Mercury News
  • Friday October 8, 2004
  • Battered by the technology bust, half of the
    Californians working in tech in 2000 have left
    the field, a new landmark study of 1 million
    workers shows. Nearly one-fourth of the tech
    workers have taken non-technology jobs that often
    pay less, according to the study by the Sphere
    Institute, a Bay Area public policy research
    firm. Another 28 percent have fallen off
    California's job rolls altogether.
  • www.mercurynews.com/mld/mercurynews/business/98669
    21.htm
  • MARKET-BASED CAP WILL NOT WORK

3
H-1b Labor Certification Process is a Due
Process Sham
  • 20 CFR 655.740 (1) Certification on labor
    condition application. … the regional Certifying
    Officer shall certify the labor condition
    application unless it falls within one of these
    categories
  • When the Form ETA 9035 or 9035E is not properly
    completed.
  • (ii) When the Form ETA 9035 or ETA 9035E contains
    obvious inaccuracies.
  • What purpose does posting at the job-site
    serve? On what basis could U.S. workers challenge
    a posted LCA? IT NEEDS TO BE ON A PUBLIC
    WEBSITE IN REAL TIME

4
Department of Labor does not try to match U.S.
workers for LCA jobs
Most Labor Condition Applications (LCAs) are
filed Electronically and thus are immediately in
the DOL Database. DOL does not release this list
of 200,000 U.S. jobs (new and renewal) until
after the jobs have been filled by foreign
workers several months later. These U.S. jobs are
never opened to U.S. workers! CONTRARY TO DOL
MISSION The Department of Labor fosters and
promotes the welfare of the job seekers, wage
earners, and retirees of the United States by
improving their working conditions, advancing
their opportunities for profitable employment.
http//www.dol.gov/opa/aboutdol/mission.htm
5
H-1b salary does not indicate a labor shortage
Congresswoman Lofgrens document
acknowledges p.13 Newly arriving H-1B
nonimmigrants in computer-related occupations had
median annual salaries of 50,000 in FY 2005,
down from 55,000 in FY 2001. http//migration.u
cdavis.edu/wcpsew/files/CRS_52307pdf.pdf Adjust
ed for inflation, 55,000 in 2001 60,652 in
2005, thus over a 20 real drop in
wages http//data.bls.gov/cgi-bin/cpicalc.pl
6
Most H-1b fill average jobs at below average pay
San Francisco Region LCAs granted in FY 2004
www.programmersguild.org/sfh1b/
7
The largest H-1b users admit to underpaying their
H-1b workers
Tata Consultancy Services (TCS) Vice President
Phiroz Vandrevala "Our wage per employee is
20-25 per cent less than US wages for a similar
employee. Typically, for a TCS employee with five
years experience, the annual cost to the company
is 60,000-70,000, while a local American
employee might cost 80,000-100,000.
http//programmersguild.blogspot.com/2007/05/in
dia-now-denies-their-prior-admission.html
8
The Majority of LCAs are filed at DOL SKILL LEVEL
ONE
DOL LEVEL I Beginning level employees who have a
basic understanding of the occupation through
education or experience. They perform routine or
moderately complex tasks that require limited
exercise of judgement… www.flcdatacenter.com/skill
.aspx Does that sound like "BEST AND
BRIGHTEST? Detailed info about how prevailing
wage is set is here www.prweb.com/releases/2006/
7/prweb407549.htm
9
Examples of Level One Prevailing Wage
Area Code 41940 Area Title SAN
JOSE-SUNNYVALE-SANTA CLARA, CA OES/SOC Code
27-3022 OES/SOC Title Reporters and
Correspondents Level 1 Wage 14.34/hour -
29,827/year www.flcdatacenter.com/OesQuickResult
s.aspx?area41940code27-3022.00year8source1
Area Code 40900 Area Title
SACRAMENTO--ARDEN-ARCADE--ROSEVILLE, CA OES/SOC
Code 15-1031 OES/SOC Title Computer Software
Engineers, Applications Level 1 Wage
24.06/hour - 50,045/year www.flcdatacenter.com
/OesQuickResults.aspx?area40900code15-1031.00y
ear8source1
10
H-1Bs are hired even when qualified Americans are
available
My personal observation In every case of an
H-1b being hired that I've witnessed in the past
four years, there were plenty of qualified
American applicants available to fill the job.
Generally the H-1b was hired because they had
more of some arbitrary skill requirement (e.g., 3
years of Oracle) or their bill rate was lower.
11
Americans are being displaced by H-1bs lack of
U.S. worker recruitment
Testimonials collected from www.HireAmericansFirst
.org Exult My husband lost his computer
programming job when his company imported cheaper
programmers from India. Lucent Technologies I
was displaced from my contract position in August
2001 while the H-1B guest workers were retained.
PGE (San Francisco) My company was actively
hiring Indian contractors through Tata and
Infosys at the time I was let go. Cognizant The
company is phasing out American consultants, and
later this year, American employees of that
company.
12
Testimonials page 2
MMO and SnapOn Replaced by H-1B. Spouse replaced
by guest worker too. General Electric
Healthcare I am now retired from GE Healtcare,
Milwaukee. I was forced into retirement at age
60, and eventually replaced by H-1B workers.
Several American engineers have been replaced at
GE by H-1B and green card workers. ATT/TATA In
October 2001 our office was notified that come
Jan 1, 2002 the office would be closed. Within
days of the closing, foreign nations were being
bused in to the vacated center. The University
of Chicago Laid off, lost valuable benefits while
H-1b workers retained. Not interviewed for 81
positions while at same time U.S. Labor Dept. of
Labor approved 208 foreign nationals to work at
same employer
13
Testimonials page 3
Lincoln Financial Applied for an Actuate
Developer job at company and was turned down.
However, they did hire a colleague of mine for
the same position who was an H-1B worker and who
I had trained and mentored at a previous
employer. Mastercard In 2001, lost contract as
company moved away from Americans to H-1B
contractors McDonalds, Discover, and others The
issue I am facing is L-1s now more than H-1b
visas. L-1 are being used to bring a foreign
workers over for training and then the company
eliminates higher cost employees and consultants.
Phillips Semiconductor In 1998 I was replaced
by an H-1b from India while working at Phillips
Semiconductor in Mountain View California.
14
Testimonials page 4
Cognizant Technologies Indian Consulting firms
set up phony interviews with the objective of
gaining salary information. PERM FAKE ADS I
applied for many positions listed in ads only to
find out that the position listed were mostly ads
to justify H-1B positions of people working for
companies whose H-1B positions were being
renewed. IBS US (El Dorado Hills,
California) H-1B workers never complained about
working weekends without pay, as they were faced
with losing their Visa if they lost their job.
Laid off in 2001 while H-1B holders were
retained. IBM After 30 years as an IT
professional, I cannot get so much as an
interview.
15
Testimonials page 5
Anthem Blue Cross California As a programmer at
Anthem Blue Cross, I was among many who were
coerced into taking early retirement in lieu of
losing our retirement benefits. This made room
for more H-1b visa programmers from
India. Fiserv Company laid off all American
programmers and kept foreigners H-1Bs and other
visa holders. WiPro InfoSys I just finished my
M.S. Degree in Computer Science. I continue to
see U.S. Citizen's jobs outsourced or offshored
or both to India and China. My current company
employs Wipro InfoSys. They are laying off U.S.
workers and hiring "contractors" from these two
companies to do their job in the U.S. (under visa
program) or in India.
16
WHY ARE AMERICANS BEING DISPLACED BY H-1B AND L-1
WORKERS?
BECAUSE IT IS LEGAL There is no requirement to
first consider qualified U.S. worker applicants
17
U.S. companies object to first considering
qualified American applicants
Robert Hoffman, VP for government and public
affairs at Oracle and spokesman for Compete
America says that a requirement for U.S.
companies to try to hire American workers first
doesn't make sense. "To focus on that is missing
the whole point of the program," he says. Hoffman
says that tech companies face a shortage of
skilled workers so they should have the latitude
to hire talented employees, wherever they're
from. http//www.businessweek.com/bwdaily/dnflas
h/content/mar2007/db20070326_868213_page_2.htm
Business Week 3/27/2007 Immigration Reform
Americans First?
18
Indian Consulting Firms object to first
considering qualified American applicants
A requirement to hire Americans first would
present particular problems for Indian
outsourcing companies that operate in the U.S.
Wipro and Infosys Technologies are among the most
active users of H-1B visas, typically to bring
Indian employees to work in their U.S.
operations. "That kind of proposal may not work,"
says Sridhar Ramasubbu, chief financial officer
for the Americas and Europe at Wipro. "Companies
need to go and get talent wherever it is
available." (NOTE Only a small fraction of
their workforce consists of U.S.
workers.) http//www.businessweek.com/bwdaily/dnf
lash/content/mar2007/db20070326_868213_page_2.htm
Business Week 3/27/2007 Immigration Reform
Americans First?
19
Industry opposes 1,200 annual fee to fund
15,000 scholarships
In response to a Senate Bill that would have
charged 1,200 per year for each H-1b worker - to
be used to provide 15,000 annual scholarships
for American college students, Oracle VP-
CompeteAmerica Robert Hoffman said "We're open
to paying a little more if that's what's needed,"
Hoffman said. "But to more than triple the fee is
ludicrous." After pressure from Compete America
and others, the Senate killed the fee
increase. http//money.cnn.com/news/newsfeeds/arti
cles/newstex/IBD-0001-21601556.htm They claim
there is a shortage of Americans studying STEM,
but then they kill a nominal fee that would have
provided substantial scholarships?
20
Intel Folsom has unreasonable Job Requirements
that exclude U.S. applicants
  • INTEL position 484041 (posted in 2005) Minimum
    seven years developing web applications? Not many
    people have been consistently developing web apps
    in Windows prior to 1998. Perhaps 90 of
    otherwise qualified applicants are being filtered
    out by these arbitrary "qualifications"
  • Qualifications You should possess a Master or a
    Bachelor of Science degree in Computer
    Engineering or Computer Science with minimum five
    to seven years of application development
    experience in Windows-based web applications.
    You must have recent IT-related work experience
    and familiarity with IT business systems and
    processes. Additional qualifications include
  • Must have experience in .NET as a core
    competency as well as web development skills
    including ASP, Component Object Model (COM),
    Extensible Markup Language (XML) and/or XSL, and
    SQL server. Advanced scripting skills in Perl,
    and Windows Scripting Good understanding of
    relational database design principles, data
    modeling and database programming Advanced
    knowledge in developing SQL databases and of
    SQL Enterprise Manager Software engineering
    skills (requirements gathering, analysis, design,
    programming and/or development, testing,
    troubleshooting and debugging skills) Strong
    Project Management skills, process and detail
    oriented and documentation skills
  • http//www.programmersguild.org/docs/intel_hiring_
    software_engineers_or_not.html

21
Intel sponsors H-1b workers while laying off
American Employees
More cuts at Intel's Folsom Campus Tuesday,
September 12, 2006 http//sacramento.bizjournals
.com/sacramento/stories/2006/09/11/daily13.html
Another 61 employees at Intel Corp.'s Folsom
campus will receive layoff notices between now
and Sept. 24, bringing the total number of jobs
cut here this summer to 191. Earlier this summer
in Folsom, 53 information-technology and
human-resources employees received layoff notices
and 77 management jobs were cut. Of the 191
layoffs, only the management jobs were
immediately cut. All other employees are being
"redeployed," meaning they get a chance to look
for another job within the company. If they don't
find one within two months, their jobs will be
terminated.
22
Intel LCAs for Software Engineers FY 2005
23
Intel Claims that they are not hiring Software
Engineers in 2005
In May 2005 Intel acknowledges that many U.S.
Software Engineers are out of jobs, claims they
are not hiring, but then files dozens of LCAs
for Software Engineers.
24
SYSTEM IS BACKWARD Hire First - Recruit Later
While there is no requirement to consider U.S.
applicants when hiring an H-1b, when they convert
to green card the position must be advertised to
demonstrate that no qualified Americans are
available. This is the PERM recruiting of Cohen
Grigsby on YouTube stating that Our objective
is to NOT find a qualified and interested U.S.
worker and proceeded to explain the means of
excluding even highly qualified Americans in
order to get the PERM application approved.
http//www.programmersguild.org/docs/youtube_medi
a.html
25
Programmers Guild H-1b Reforms
  • True prevailing wage of at least what average
    Americans earn within the same job
    classifications.
  • H-1b and L-1 LCAs only approved after the
    employer has conducted good faith, transparent
    recruitment, and was unable to find any qualified
    U.S. candidates, at any price.
  • H-1b only granted to U.S. business entities with
    as direct hires - not to consulting firms (Indian
    or otherwise) to be re-shopped against American
    job seekers.
  • H-1b to include a 1,200 annual fee that would
    be used to fund 15,000 scholarships for American
    college students in STEM programs - consistent
    with legislation that Senator Sanders has
    introduced twice.
  • www.programmersguild.org
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