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."
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?
http://www.youtube.com/programmersguild
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.
I read in most accounts that he was actually a US citizen who emigrated from Vietnam 27 years ago (??).
I know some here are desperately hoping that this guy be a h1 visa holder (maybe not you, CC).
The presence of a large, striving, hopeful middle class has always provided the underpinning of political and social stability in this country. It's what my parents taught me: work hard, be honest, pay your bills (yes, taxes included), treat others with respect, get an education if you can, and you'll be okay. By and large, it has worked. When it no longer does, the wheels come off.
He was an IBM employee...this area is the one losing jobs to India...IBM is getting rid of Americans and essentially moving to India...this is not a company that needs to cut costs either...they did ok last year... let them go and then tariff the hell out of them.
Well can you at least post something on the "short skirts" part? Pics?
I’m not agreeing with the situation, I’m just telling it like it is. I work in technology consulting and see this stuff first hand. I don’t ask for company funded training because if I’m sitting in a classroom I’m not billing customers. If I’m not billing customers I’m not generating revenue for my company. So I do that on my own time, but that’s just me. My company charges north of $200/hr for my services, but can charge less than $100/hr for bodies from India to do some of the work. There’s nothing we’d like more than to get a bunch of red-blooded Americans to do everything, but the few companies that are making investments to save money down the road aren’t paying the rate.
That leaves worker bees like you and I caught in a very untenable position. Something’s got to give.
I’ll add in an unrelated side note that the vast majority in my industry don’t get it. If you’re not directy involved in generating revenue, then you’re overhead. Overhead eventually gets replaced by less expensive overhead, be it a machine or a cheaper worker.
Nike has sweatshops in Vietnam too that uses “jobs that belong to America.” Maybe, this guy should have blown up a “Famous Footwear”? What’s the logic?
Point is, was he on h1 as some have claimed? Maybe he was was - if so, I’m mistaken.
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