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How we got to H-1B and L-1.The L-1 visas program is to ease intra-company critical staff transfers by multinational companies. It does not include the ability to legally outsource an L-1 to another entity. If Ajax has L-1s they can only be used for the operating activities of Ajax. Ajax can not legally rent the L-1 to Exxon. Plus the foreign branch/headquarter must be a physical business the L-1 is coming from and not a mail drop address or secretarial service.
The H-1B classification was designed to and does open the immigration door to some of the best and brightest located outside the United States and in a “specialty occupations.” But, in the majority it is exploited, cheap and abused slaves.
The rules say: (a) sponsor must document a failed attempt to locate an American worker for the position, (b) foreign worker must have the equivalent of a U.S. Bachelor’s degree and (c) the foreign worker must be paid the prevailing wage. Loopholes and no audits permit the rules to be moot. "Doesn't exist" comes to my mind when I thing documentation of attempt to locate local worker. The claimed education institution attended and achieved education often does not exist. There is no such institution and, when the institution exists, the person had never matriculated or never graduated. There is defiance of the “prevailing rate.” The Department of Labor says H-1Bs are paid 25 percent under the prevailing rate. Many H-1Bs are from a country with a tax agreement with the U.S. exempting them from paying Social Security and Medicare taxes (I said exempted from paying, I did not say excluded from collecting). Sponsors are as bold as to advertise for H-1B to transfer to them with a promise to split their wage between U.S. wages taxed and tax free monies sent to relatives. If the annual H-1B visa cap is reached, the worker might qualify for a H-2B and if both caps are reached they can sent to Mexico to cross to the U.S. illegally. If H-1B was eliminated, simply they would come using H-2B visas.
I hate to use the words fraud and criminal. But, it is a crime when a person knowingly falsifies, is aware of falsification on or has advance plans not to live up to (prevailing wage, etc.) what is said on an official Federal document, the H-1B or L-1 application.
What we call the sponsor of a H-1B or L-1 today was called a "padrone" in the late 19th and early 20th centuries.
In 1864, Act to Encourage Immigration. (13 Statutes-at-Large, 386), was passed responding to an increased demand to replace former healthy male labor killed during the War Between the States (a/k/a Southern Insurrection or Civil War) and to get national production rolling again. The government with this act encouraged the padrone system, the legalized and bureaucratized replacing free slaves with a practice similar to indentured servitude. Technically and not in practice this act was repelled in 1868.
In 1885, the Foran Act, Contract Labor Law (23 Statutes-at-Large, 332), was passed prohibiting the importation of contract labor and started a series of anti-Padrone acts. All of the several passed Contract Labor Laws were more as symbolic gestures than enforceable legislation. Officially the ban on employment based immigration lasted till 1952 with the McCarran Walters Act, Immigration and Naturalization Act of 1952 (P.L. 414, 82^nd Congress).
The President’s annual meeting on the opening of the 54^th Congress (54th would be around 1897) referred to the padrone system as ‘this growing evil’ and suggested that Congress should try to find legislation to check it” from a 1981 book "Legislative History of American Immigration Policy 1789-1965".
In 1943, The Bracero Program, Mexican Farm Labor Supply Program (P.L. 45, 1943), the largest and most significant contract labor program of the 20^th century made the U.S. government a managing padrone of workers. This program justified on labor shortage expected as the U.S. entered WW II lasted till 1964 (1964? Wasn't the war over in 1945? Oh, cheap labor!)
Identifying government involvement in illegal aliens and the Bracero Program, President Dwight Eisenhower said, "The rise in illegal border-crossing … (is a relaxation of) … ethical standards extending all the way from the farmer-exploiters of this contraband labor to the highest levels of the Federal Government.”
The problem with H-1B, L1, the 1864 act and Bracero is the amount of contributions going to elected officials and hired lobbyists in Disneyland on the Potomac.
Ken Shields wrote:
*** Please pay close attention when replying to a message on this list! *** If you want the reply to go to the list, use REPLY-TO-ALL *** Recruiters may advertise only permanent employment positions in this list. Hi Everyone The issue of out-sourcing is at the heart of all the lack of adequate employment we're all experiencing these days.Despite all out protestations, and letters to our congress people, the lobbying there is very powerful, and those trends continue unabated.It really would be preferable, if there was a national limit placed on corporations , in respect to how much of their computer and administration work can go overseas.Many of the Newsnet groups, and Job agency websites are responded to on a very regular basis, by those same off-shore outfits, continually trying to scoop up what small fragments remain in the market here.I am a personnel recruiter, and personally spent four decades in the industry. Being a recruiter, and an ex computer professional are not mutually exclusive.Twenty years in, and just about all the jobs in the market were Big Blue related, but it's really a rarity today. As previous articles to this group have shown, having 25 years experience , and excellent educational qualifications are no guarantee of finding work in this slowly shrinking market segmentKeep writing letters to Congress, and don't give up the good fightRegards Ken Shields
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