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.
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.
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