Skip to comments.US admits it needs H-1B visas to avoid 'disadvantage'
Posted on 04/04/2009 5:40:30 AM PDT by MyTwoCopperCoins
WASHINGTON: In the first-ever indication of its stand on H-1B visas popular among Indian professionals, the Obama administration has informed a court that the US needs this scheme to avoid "competitive disadvantage" the American companies could face otherwise.
A submission in this regard was recently filed by Michael F Hertz, acting assistant attorney general, in response to a lawsuit filed by a group of three US bodies, nine individuals and two students challenging government's decision to extend from one year to 29 months the duration of foreign nationals with engineering, science and other technical degrees who can work in the US on student visas.
This was a policy decision by previous Bush government, which was challenged in a lower court in New Jersey last year and was summarily dismissed. The same petitioners approached the Third Circuit Court of Appeals in Philadelphia last month.
The Obama administration's view point was expressed in its submission before the Philadelphia court on March 23.
"The inability of US employers, particularly in the fields of science, technology, engineering and mathematics, to obtain H-1B status for highly skilled foreign students and foreign non-immigrant workers has adversely affected the ability of US employers to recruit and retain skilled workers and creates a competitive disadvantage for US companies," the US government argued.
Defending the policy of the Bush administration on extension of work permit to foreign students with degrees in science, technology, engineering and mathematics (STEM) by 17 months, the new government argued that this is necessary to retain these foreign students in America.
Otherwise, it said, they would have no other option but to return or go to other countries for employment. With there being great rush for H-1B visas, extension of work permit to those holding F-1 (student visa) is a justifiable way to retain this talent, it argued.
The extension of time simply allows these students to avoid the hardship of leaving the country to change their status and gives the employers ample time to file H-1B petitions on their behalf in due course.
The Acting Assistant Attorney General noted that had the government not extended the work permit of foreign students in STEM category, some 10,000 students holding H-1B visas for the fiscal 2009 would have had to leave the country within 60 days as required by law or extend their F-1 status by enrolling in another course of study.
"As indicated in the IFR (Interim Final Rule) there is an important economic interest for the United States in keeping STEM graduates from going to other countries that are providing increased opportunities to these students," the US government said in its petition.
"The IFR would help attract STEM students to the United States. Otherwise, United States will lose skilled technical workers in great need by high-tech industries."
I’m still awfully suspiscious that the shooter in NY yesterday was an H1B visa holder. From my digging it appears that one of the first reports from PMSNBC claimed he was an H1B visa holder who had lost his job and his immigration status went with it.
Anything but hire and train Americans. That would be awful. /s
As the unemployment numbers increase, more folks are going to become more aware of the illegals problem (separate issue).
If we hadn’t dumbed down the educational process we wouldn’t be needing these folks from outside the country.
Speaking about that...
Pakistani Taliban Claims Responsibility For New York Shooting: Reports
4/4/2009 5:09 AM ET
Saturday, Pakistani Taliban leader Baituallah Mehsud claimed responsibility for the shooting that took place in New York a day earlier, which claimed at least 13 lives, media reports said.
In the shooting incident that took place at an immigration services center in Binghamton, a gunman killed at least 13 people after taking several others hostage. According to authorities, 14 people were found dead in the American Civic Association building.
The gunman was also found dead inside the building, who apparently killed himself with a self inflicted gunshot. The gunman reportedly was an immigrant of Vietnamese origin.
The competitive edge has nothing to do with talent or specialized skills. It's the money.
Those guys will come here from India with their degrees from Sri Lanka U and work for half what Americans will.
With the job market the way it is now, I say all visas should be revoked and no more issued until every American professional in the science, technology, engineering and mathematics fields has a job that wants one.
Government and big business are the axis of evil.
There is no doubt that there are times when H-1Bs are called for to fill positions requiring skills that are in short supply. But the fact is that for the most part the program has been abused by companies and used to bring in people who’s only special skill is the willingness to work for a fraction of what their American counterpart is making.
Yes, I am growing more certain that this guy was illegal in more ways than one.
We gots to spnds mo’ on educatin’ our yuths!
I know a guy from Wachovia- a mid level banker who is in the process of training his Indian H1B visa replacement...what talent does this young Indian lad bring to the bank?...really cheap compensation and of course he can’t leave and take a job elsewhere...take your money out of the banks and put it in credit unions. If you know a company has insourcing, don’t buy their products. These guys are not Americans but despicable creeps...time for a third party to represent average Americans for a change.
HiB’s are the attempt by the gov and their big business cronies to globalize the labor market in the short run. This runs counter to the local nature of any free labor market, which is local in the short run and regional or national over time.
This may be the worst governmental policy in history.
You hit the nail on the head...the Wall Street crowd cries free market but not for the employment sector...nope...no free market there which is why they are all hypocrites and liars. If a company is doing well, then employees are supposed to benefit also...not by these guys business models...nope.
No more H1B visas until unemployment is down and take away the tax incentive for off shoring while you are at it.
I have worked with these Indian H1B visa holders, many are educated in America; in fact they are no smarter and in many cases not as smart as the American guy they replace, but they are cheap...quit blaming the American worker and defending the scum that do this...the job you save may be your own...you can’t be a patriot as your name implies if you advocate giving foreign workers preference over American workers.
Thanks to the stellar work of the N.E.A.!
I’m thinking they are also shown the ropes of the welfare state and how to take full advantage of it
Hear, hear. I love the machinations of the Economic Benedict Arnolds who convolute themselves to justify a totally un-American experiment in globalism and greed that sells out their countrymen for pennies on the dollar. My conservatism ends at the water's edge, they have allegiance to no country - only to the bottom line, the pukes. F them. Other than that, I have no problems with them.
Well Yank, I agree. I guess you haven't started drinking yet today. :)How does it feel to take your head out from under the Federal Boot imposing an immoral labor wage control scheme. Feels good doesn't it? That's the way we "Rebs" feel everyday.
The education process is not the problem - at least not yet. I was personally displaced and my job was outsourced to an Indian firm hiring exclusively Indian workers. For 2 months now, I have been going begging for a job (without a result). The H1 and H2 visas are currently maxed out, which means well over 100,000 American jobs are going to foreign nationals -- and that's not even counting the jobs outsourced in the manner my job was taken.
Now 100,000 is not 5,000,000 -- the total job losses to date... but it's a start and the money those 100,000 would be spending in this country would be a certain stimulus to our economy.
Oh for God sakes...there are plenty of educated Americans, it’s the money... follow the money...all this union bashing hides the central truth...H1B visa is for cheap, cheap workers...I am tired of having some red herring like the NEA thrown into the debate to get us all going after them...yes we must improve education...retraining that’s the key...total BS. It’s all about these corporations screwing their country while maximizing their profits and I am sick of it.
I am sorry, this truly stinks. I think we must boycott companies that do this as much as possible...hit them in the only area they care about their pocketbook...God know they care nothing for this country.
Yup, India and China turn out scientists and engineers. Meanwhile, we get Colorado University (featuring Ward Churchill) and the rest of our social “science” clown shops turning out idiots who can’t even control a broom - but can certainly be elected president.
We do need these folks - else who can actually do some creating around here?
Not the Obamaloon crowd.
Well put...I agree with you completely and am chuckling...you have a way with words.
The companies don’t need the talent...they can find that here. They need the lowered salaries that these folks are willing to work for. H1B visa is a form of indentured servitude. They can’t change companies and seek higher wages, they have to work for the company they were brought in to work for, “the sponsored employer.”
These economic terrorist’s need to be put in their places. You would think people selling out their countrymen would stay off of public forums. I guess greed breeds contempt. I am sure they fly the Stars and Strips “proudly”, gives them cover.
Praying for you, my husband’s job hangs by a thread...he now is expected to work from 5:30 AM until say 7:30 PM-in order to maybe keep his job. He also has to go in on weekends of course. This brave new world populated with H1B visa holders, illegals, extra work for no pay truly stinks. It’s not a world I want to leave my kids-the world brought about by globalization, free trade and corporate greed. Global corporations have demonstrated that they have no love for their country; I would never purchase anything from IBM and other companies like them who have demonstrated their complete contempt for America and her people...they have caused as much damage as the 9-11 murderers-maybe more.
I saw a great bumper sticker the other day...’don’t put my American flag on your foreign car’...now we may agree or disagree about American cars, but the idea that we are some sort of sophisticated global society and sovereignty does not matter is like crack addiction...you feel good for a while (bubbles) but in the end you are completely destroyed.
You are correct...I had not thought about it this way. They are economic terrorists.
Clearly if you were college educated you would know that every major university has a college of Math-Eng-Sci. There are American students studying the "hard" sciences who make fun of the libtards in humanities (although their chicks are always hotter). It is a real S-sandwich to compete with H1-B brought in to decrease your leverage at graduation.
You are completely clueless about the real world and the effect of such globalization on this country...just wondering why would you want your countrymen replaced with foreign workers...like my friend at Wachovia...you think we don’t have enough mid level bankers maybe?
The thing is, IBM and their likes have enough patented technology, no matter what you buy, something from it goes to them.
Also, as you probably remember, the Mid West is hit really hard with globalization problems...I’m telling you something is going to break, and it won’t be good. I already hear the money honeys on CNBC (really hate them;parading about in their short skirts and pretending to have a brain) worry about ‘social unrest’ us beneath their contempt unwashed masses going to revolt...horrors. You know what they have reason to worry, people are really angry.
The problem with car buying is like the “paper or plastic” question at the check out line. The game is rigged: Do I buy a car with a foreign badge made by my Southern compadre’s or a Yankee union made car with a US label? It is impossible to answer, so I have one of each.
Interesting, can you post something on that?
I will keep my old computer and keep fixing it up. Also, they are going to be hammered when a third party emerges and I think it will pretty soon. What these jackals don’t understand is that they are destroying their market. Ford created his auto market by paying his employees enough to afford to buy his products. These people never learn from history. It was the middle class that made this country great and if the middle class is destroyed so goes the country.
High wages are not a problem. High wages are a policy goal. If, in an ideal world, a number of businesses go bankrupt because they cannot pay the prevailing wage, but unemployment is low overall and wages high, then nobody needed those businesses in the first place.
This is all about money. They want to import people who will work for the lowest wage possible. It is true that people from countries such as India are highly qualified, I won't debate that but bottom line this is just greed.
This type of stuff is pushed by the anything-to-make-a-buck-now crowd that rejoices at bailouts, TARP funds, Kelo vs. New London and amnesty for illegals.
>>>>>> Im still awfully suspiscious that the shooter in NY yesterday was an H1B visa holder. <<<<<<<
Me too, in fact I’d call it utter nonsense since Vietnam has zero to very little H1B relations with the United States.
The guy apparently came to the U.S. as a refugee, like most Vietnamese.
That’s not H1B.
Thanks very much — interviewing this week, so your prayers are certainly appreciated — I sure don’t mind hard work for hard times, but it’s hard to get a foot in the door when the room is already crowded with people you didn’t know would be on the guest list.
I’m a well educated Silicon Valley AMERICAN engineer ... and have been unemployed since October. I have not seen an open position in my discipline or even one in a related discipline since summer last year, We need the H1B’s like a hole in the head
So, I learned two things. Deal with Americans who have a stake in the situation. Next, put a price tag on inaction. You know, the old money talks, everything else, well, you know...
I don’t know where to find it; I’ll try. I have heard it on the Fox and CNBC shows where they discuss the situation in Europe and worry that as the jobs situation worsens, it may cause similar unrest and outright revolt, rioting etc...they had one discussion where the theme was could it happen here? I have heard it more than a few times.
That's the rub. On one hand, companies don't want to train people. They want to hire people that are already trained. Do you know what happens to people who get lots of company funded professional training? They go and get better paying jobs with other companies. On the other hand, if a company invests tens of thousands of training dollars in an H1B that's a safe investment. It's not like an H1B can go get a better paying job.
The H1B visa companies make sure to write their advertisements for jobs to discourage America workers from applying and put them in publications you are unlikely to read...all part of the H1B visa scam. There was a video about this one H1B visa company advising other companies how to skirt the law.
They do in fact train these H1B visa workers...they have to. I’m telling you, they are not that smart.
OK-no explain to me why it’s ok to pay out huge salaries to keep financial talent...but not tech or other industries?
I sent the partners of Cohen & Grigsby a really nasty email after seeing this video. They are utterly contemptible, bordering on brazenly felonious.
I know my husband is thankful he has a job even as tough as it is right now...he doesn’t even see our kids during the week...but he has a job...prayer and hope heading your way.