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Joe - You know that this is a very hot topic to me...

I'll add a couple of quotes from immigration lawyers, who currently represent ALL non-immigrant workers in visa matters and view the estimated 12 million illegal immigrants in this country as potential clients...

Legal Rejection of U.S. Workers
http://www.ilw.com/articles/2000,0424-Stewart.shtm
<Quote>
  "Employers who favor aliens have an arsenal of legal means
  to reject all U.S. workers who apply" (Joel Stewart, "Legal Rejection of
  U.S. Workers," Immigration Daily, April 24, 2000).
</Quote>

From the web page of Greg Siskind, another well-known immigration lawyer:
www.visalaw.com/04dec3/2dec304.html
<Quote>
 "Another advantage to the H-1B
 category is that the employer does not need to demonstrate
 that there is a shortage of qualified US workers and,
 consequently, a labor certification process can be avoided."
</Quote>


Of course, there are the Bill Gateses of the world who say that the law
requires the employer to:
(1) verify that the H-1B worker is being paid the prevailing wage for the work being performed
AND
(2) that employment of a foreign worker is not harming conditions for US workers.


As for (1) It's easy to underpay H-1B workers...just change the job title...See this page:
How to Underpay H-1B Workers:
http://www.colosseumbuilders.com/Guild/h1b/howtounderpay.htm


As for (2), this principle ONLY applies to H-1B DEPENDENT employers, which represents approximately 50 of 50,000 employers of H-1B workers in the USA. See:
http://www.immigration-lawyer.com/visa/H1B/H1B_dep.htm
<Quote>
When is an employer considered H1B dependent under ACWIA? Under ACWIA, an employer is H1B dependent if it has in the U.S.: 25 or fewer full-time equivalent ("FTE") employees and more than 7 H1B employees;
between 26 and 50 FTE employees and more than 12 H1B employees; or
at least 51 FTE employees and a number of H1B employees equal to at least 15% of the employer's FTE employees. In counting the number of FTE employees for this purpose, H1B employees are included.
</Quote>

And, I should note, large companies such as Microsoft, Intel, and Dell typically use H-1B workers for displacing only highly-paid TECHNICAL workers in this country, so they don't often fall within the limits specified above, and thus are not considered H-1B Dependent employers, and therefore don't have to attest that they displaced American workers with H-1B workers.

The H-1B Dependent employers are more likely the Indian "body-shop" consulting firms that provide consultants to U.S. employers.


Much of the information given above was gleaned from a recent newsletter from Dr. Norm Matloff, one of the leading authorities on the use and abuse of H-1B and L-1 visas in the USA. See:
http://heather.cs.ucdavis.edu/Archive/H1BRequirements

Regards,
Steve Landess
Austin, Texas
(512) 423-0935


----- Original Message ----- From: "Joe Pluta" <joepluta@xxxxxxxxxxxxxxxxx>
To: "'Midrange Systems Technical Discussion'" <midrange-l@xxxxxxxxxxxx>
Sent: Tuesday, December 20, 2005 8:16 AM
Subject: Lest ye get too complacent


A little Christmas cheer:

Just in case you think your jobs are safe, and that the moguls of the world
aren't trying to squeeze every last penny out of you, please take note of
the latest close call in which Arlen Specter and his cohorts tried to tack
an amendment to the Budget Bill that would award green cards to 350,000
temporary workers and also add 30,000 additional H-1B visas for high-tech
workers onto the cap, along with some seriously terrible wording allowing
H-1B visa holders to bring their families with them (why would a temporary
worker bring their family?).

Luckily, the folks at ZaZona and NumbersUSA and some other immigration
watchdog groups were on their toes and mobilized thousands and thousands of
people to send faxes and make phone calls; because of this, the amendments
were defeated.

Who was the real champion of this bill?

Quoting Bill Sanchez at zazona.com:

'Today I talked to Roy Beck of NumbersUSA to get some inside information
about why the Senate Judiciary approved more H-1B and green card visas. He
said the word is out in Washington DC that this was the result of intense
lobbying by Microsoft. Last week lobbyists from Microsoft went to every
Congressional office to lobby for more visas. Some people on Capitol Hill
are actually referring to the Senate proposal as the "Bill Gates" bill.'

You might think the quote above is sort of second-hand, but if you think
Bill Gates cares about American workers, feel free to Google on '"Bill
Gates" immigration' (remove the apostrophes, leave the quotes). You'll see
that he's quite interested in abolishing the H-1B cap because according to
him there aren't enough smart people in America.  So, rather than use his
billions of dollars to, say, build up the American public school
infrastructure, he'd rather give that money to building up the library
systems around the world and then hire foreign workers for next to nothing
via an H-1B program.

Is such a plan philanthropy or just an investment in reduced labor costs?
You have to decide.  I'm just reporting the facts.

Joe


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