Joe Pluta wrote:
By using that pool to deflate costs, MS (and any other
company that abuses the H-1B laws) is profiting by what
they are not paying American workers.
Joe -
You made a slight technical error with your statement above - one commonly
made by our media, but more importantly our lawmakers. I know that you know
the truth about what I'm writing below, but those who read what you wrote
above may interpret it the wrong way, so I'm going to correct you.
I'm not an immigration attorney, but you don't have to be a rocket scientist
(or a lawyer) to figure out that American companies are don't abuse the H-1B
visa: They are simply USING it because of the numerous employment loopholes
that the H-1B law provides. (BTW, I believe this fact was pointed out by
Ron Hira in the Chapter 1 video).
Here are the primary reasons that American employers prefer H-1B guest
workers:
1) There is no labor market test for H-1B visas like exists for LPR
(green-card) workers. As the H-1B law is written, American employers DO NOT
have to first attempt to fill the position with an American citizen, as
evidenced by the Cohen & Grigsby video from last year.
I repeat, there is NOTHING in the H-1B law that requires employers to give
preference to American workers...
2) The 'prevailing wage' provision of the H-1B law is also easily (and
usually) exploited by simply changing the title of the person's job from
something like 'software engineer' to 'systems analyst', thus allowing the
employer to legally pay substantially lower wages to the H-1B worker. The
law also allows the employer to do the salary survey to establish the
'prevailing wage'.
This is why the H-1B guest workers are so cheap...employers don't have to
pay 'Market' salaries...
All told, when Congress passed the H-1B visa legislation in 1990, they sold
out U.S. technical and professional workers just like they sold out
manufacturing plant workers in 1992 with NAFTA...
- sjl
midrange.com
