H1B Legislation is Unconstitutional

Family Injustice ^ | 10/25/02 | Kim Berry

[SauronOfMordor]

It's the concept behind H1B which seems unconstitutional, namely the creation of a "serf-class", required to work for however many hours and at whatever pay their lords choose to pay.

If we're going to let people in, it should be on the basis of standard immigration: skilled people moving here with the intention to become permanent residents and citizens. They should have the same rights to change jobs as anybody else. They should NOT have any rights to goodies from the "Welfare State" -- if they are not self-supporting, they need to leave.

[dfwgator]

It's not the H1-Bs that are the biggest worry, it is the moving of technical jobs offshore that's an even bigger threat.

[skeeter]

Why do I never hear anyone complain about the thousands of Canadians who move from Toronto to Detroit or Vancouver to Seattle?

I dunno - maybe because 16 times more Indians and Chinese receive H1B visas than do Canadians.

Do you think we might we discuss this without the race card? Its becoming ineffective anyway.

[1rudeboy]

Can't we develop a just economic system that allows for the division of labor, but prevents the bourgeoise from exploiting the worker? Oops . . . wrong forum.

[null and void]

Interview went VERY well. I think they will be making me an offer. It's a temp job, ~3 months, while their regular engineer is on medical LOA. Could go to permanent, failing that, at least I will have bought myself breathing room for the economy to pick up.

[FlyingA]

Good News null and void, I was hoping you would get back and provide an update. Got my fingers crossed for ya.
3 months will be good. Then see where it goes.

Hang in there.

FlyingA

[doc30]

Why do I never hear anyone complain about the thousands of Canadians who move from Toronto to Detroit or Vancouver to Seattle?

I dunno - maybe because 16 times more Indians and Chinese receive H1B visas than do Canadians.

Do you think we might we discuss this without the race card? Its becoming ineffective anyway.

Actually, most Canadians don't go the H1B route. They will typically get a TN visa. It is $55 at the border and no Dept of Labor certification is required and there are not caps on how many are issued. The TN visa was created under the FTA (before the inclusion of Mexico). My company switched me from TN to H1B in order to process an employment based immigration petition. THis was because TN's need to be renewed yearly and the H1B can be extended to 6 years. Also, employment immigration is a far, far more difficult path than obtaining an H1B.

[Dog Gone]

Once a citizen has chosen and holds a profession, it becomes a constitutionally protected property right. “A law which prohibits a large class of citizens from adopting a lawful employment, or from following a lawful employment previously adopted, does deprive them of liberty as well as property, without due process of law.'' Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 116, 122 (1873) (Justice Bradley dissenting).

You can't use a dissenting opinion as proof of what the law is, since it's the view the court did NOT accept.