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That may be the case, but it sounds from what you're describing, the company is breaking the law. That's what's a bit puzzling, because the law on the H-1B if not the enforcement of it, is pretty explicit, it says the H-1B's can be taken in only if there aren't American citizens to do the job already, and one of the ways to verify that is that the foreign worker must be paid the same as American workers, and receive the same benefits. The law around the visa explicit forbids bringing in a foreign worker if Americans are available. And from what you're saying, the company preferred them because they got lower wages than Americans who could also do the job but would get paid more. IOW violating the law surrounding H-1B hiring. That means a huge risk to the company and extra costs from things like lawyer's fees, which is why I'm puzzled a company would take, basically, an existential risk to bring an H-1B on board for so little savings.
Regretfully, When Leo Perrero sued Disney his attorney Sara Blackwell had to sue where Disney had all of the power. The judge didn't even address the Rico issue presented by the plaintiff's attorney. Americans were replaced by Indians and the Americans still needed their jobs.
Regretfully, When Leo Perrero sued Disney his attorney Sara Blackwell had to sue where Disney had all of the power. The judge didn't even address the Rico issue presented by the plaintiff's attorney. Americans were replaced by Indians and the Americans still needed their jobs.
Afaik Disney eventually relented and re-hired the Americans with back-pay, if no other reason than the PR disaster that was just getting worse. A really stupid decision by the Disney execs to shaft their American workforce, they're an entertainment company and people can take it or leave it, it's not a necessity and people have other options, so with Disney's good name forever tarnished, they've lost millions of customers who will never come back. At least, it sounds like they're trying to limit the damage and shy away from using Indian cheap labor, which just exploits both the Indians and the Americans in the US too. Far too many business execs engage in behavior that's border-line treason, this is the kind of thing that's led to revolutions against elites in past and today won't be an exception if they keep this stupidity up.
The aim of this Visa is getting a captive auduence of employees on low salary. The benefit is in financial terms for American companies. It is not only about IT, Universities are also abusing this Academic H-1B Visa in hiring Ph.D.s or Post Docs at dirt cheap salaries. There is no cap on number of Academic H-1B visa and people coming on them have little idea about tax, in-hand salary, cost of living. There is nothing like minimum salary in University Research environment. Few years ago, a friend of mine was hired as a PostDoc in Molecular Biology department. He already had a good permanent Government job in India- he came to USA after taking leave for 3 years on a fixed contract. His in-hand salary was 1600 dollars per month. He came with his wife and daughter. His Apartment Rent was 600 Dollars, Medical Family Insurance was 500 Dollars. They-Family of 3- were expected to survive on 500 Dollars and they spent lot of their money from their Indian savings to survive. He somehow changed the contract from 3 years to 1 year and was able to get back to his original job in India.
Why did his Professor employ him, because no American Scientist or Ph.D. will work at such little salary. The main aim of H-1 Visa is to get cheap labour from Foreign countries, financially exploit them as much as possible !!!
Other people have no back-up and continue being exploited in the hope of Green card. It is not about Tata or infosys only, American Universities are abusing it in thousands every year.
True and I'm glad you brought up point about universities abusing this visa, not just companies like Disney or FB. A lot of those asst professor, post doc and lab asst jobs are high skilled and used to pay a good living wage, but now the salaries are outrageous low for sometimes 4-5 years in expensive cities, making it tough to make a living. And that's mostly as you say, because the universities dangle carrots in front of these workers from overseas desperate for a green card, forcing them to work 100 hours a week for ridiculous low pay which drags down the pay for everyone. The H-1B and other visas like this, it's basically a war by crony capitalists and crony university administrators against living wages for both Americans and foreign workers, which is insane economic policy with costs of living so high
I pretty much agree with your observations; you, in turn, picked up on the sarcasm in my reference to "capitalism at it's finest." Some of what you write may well be more characteristic of American corporate culture. Certainly there is less of a disparity in wages found within European corporate structures. My general observation - and again, I'm certainly not defending it - is that the executive salaries at the CEO level are "justified" by promises to hit certain earnings targets. Miss them and the executive is potentially out, albeit with generous buy-out packages. And then there is the practice of making stock-options part of executive compensation packages.
Certainly practices like these help create the 1 percent - and, again, I couldn't agree more that the long-term implications can be destructive on the national level.
Where I might differ with you are when visas are used to to retain top scientific talent that is often nurtured in US universities. That I could see being a net plus for the nation as a whole - and for individual American workers if their work forms the basis for new industries that then hire local employees. If visas and justifications for these workers are being used for less compelling hires then, yes, that would be an abuse.
I basically agree w you, I have no problem with visas for top talent but these are rare in reality, things like the O visas, IIRc are used for this. But the big majority of H-1B and other visas like it are just cheap labor and as you said correctly, used to funnel even more wealth upward to the born-rich 0.1% who already have more than they could ever spend, by crushing American living wages even more while costs of living go thru the roof for housing, healthcare and college. The h-1B visa has become a dirty blunt instrument that benefits no one but the born-with a silver spoon crowd, both American workers and immigrant workers suffer heavily for it. The arrogant elites get use it as a wedge to push wages down, pitting desperate workers from India against Americans who have bills to pay, and in fact it's esp. cruel to the Indians in the way it's used as a dangled carrot for a green card. Like some posters were saying, the Indians often accept the horribly low wages and being forced into debt (H-1B's in America have US costs of living after all, not Indian costs of living) because their true "income" is more the dangling carrot of a green card in the future. So all workers and strivers, the people who do the real work and have the ambition to build America, get the shaft.
This is also points the way to real solutions for the H-1B abuse, beyond a moratorium or, abolishing it, which would be a smart thing to do too with all the abuse.
1st, go back to the original law and strictly enforce that the H-1B is a temporary visa only and cannot be extended or used as "bridge" for a green card. This will prevent companies from being able to dangle the carrot of a future green card to H-1B visa holders in return for depressed wages, and thus H-1B applicants will be higher quality and demand better wages up front, reducing the ability to use H-1B as a wedge to push down wages with slave labor.
2nd, demand that employers who take on H-1B' pay a premium, something like $50,000 above the prevailing wage in the US, not just at the prevailing wage. This will help that the H-1B really does what it was intended, like you say bring in truly talented people paid a premium, not cheap labor.
3rd, increase fines and even jail time for employers who post up fake job ads like the one in that video with the Cohen and Grigsby law firm openly talking about ways to BS the job ads to demand impossible qualifications and hot hire Americans. This is pure treason and open fraud, I saw in Europe they have harsh penalties for this and companies engaging in this BS get shut down and their execs go to jail for intentional fraud against the public. We need to do that here too, it'll encourage companies to hire and do some training for younger Americans and retain older Americans instead of what Disney did in 2015.
4th, increase processing fees and put H-1B visa in hands of the immigrant, not the employer. This will help too make sure the immigrant is truly talented and very valuable to company, not just cheap labor. This will help, like you're saying, make sure it's only truly talented people brought in as was original intent, not cheap labor which hurts Ameircans and immigrants alike, and keeps out talented people by using all the visas for slave labor.
they prob make decent money- but not as much as a non H1B worker should make.
you maybe right but there is only a limited time that the employer could "profit/abuse" these H1B holders.
i had a neighbor frm the Philippines with a working permit. he did maintenance for servers. he can do it remotely but he also travels around the US a lot.
he was provided free housing and car. and from the looks of it, doesnt seem to be struggling considering that his wife couldnt work.
after he got his green card, after 2 renewals of his work permit, he ditch his employer for a higher pay and immediately bought a house
you maybe right but there is only a limited time that the employer could "profit/abuse" these H1B holders.
i had a neighbor frm the Philippines with a working permit. he did maintenance for servers. he can do it remotely but he also travels around the US a lot.
he was provided free housing and car. and from the looks of it, doesnt seem to be struggling considering that his wife couldnt work.
after he got his green card, after 2 renewals of his work permit, he ditch his employer for a higher pay and immediately bought a house
lol have to admit one of my own Filipino relatives did something like this, to be fair about it he came on a true high skilled visa so he was hired with high pay to begin with and controlled his visa unlike the H-1B, but yeah once he was known enough in the market he went with highest bidder, can't blame him for it and at least he wasn't pushing down wages by taking a job from an American for less pay
Having been through the L1A process personally, being illegal would have been a whole lot easier.
L1 visas still have to go through a work certification and an affidavit, so abuse has consequences if people speak up. As far as the pay, the company is required to report to Immigration the salary, along with the US equivalent as part of the investigation.
That's good to know thanks for sharing, while the abuses and problems with H-1B are reported all over the L-1 seems to have slipped under radar, but sounds like from what your saying it's more carefully regulated and oversight than H-1B has been.
That back door to a green card needs to be slammed shut permanently.
Yes that's got to be one of the center pieces of reform, long as the H-1B can be used as a route to a green card, too many Indians are tempted to accept low pay, humiliating conditions and long hours in return for "deferred salary" of a green card. Close the back door permanently, make it clear the H-1B is a temporary visa only with no chance for a green card except returning home and re-applying from scratch, and then H-1B hires won't be able be "paid" with a green card later on, they'll demand greater salary up front so the Tatas and Wipros won't any longer be able to basically work as body shops providing slave labor bbeing tempted by the carrot of a green card
the reform i would like to happen is that only immigrants (green cards) should be able to bring their families.
if you are just H1B, just come for yourself.
and no petitioning of parents or brothers and sisters once you are citizen
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