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The Truth about H1B Visas
FlyingA Productions | 11/17/02 | FlyingA

Posted on 11/17/2002 7:03:27 AM PST by FlyingA

As a consultant, I've been hit by the slowing of the economy and the destruction of the tech sector, I've recently caught myself dwelling over the prosperous times of the late 90's when I was making 6 figures. Being one to want to know the wheres, whats... and particularly the why's... I started researching the issues behind the downfall of the tech sector within the U.S.

While this is hardly a comprehensive explanation of what’s wrong with the economy and every aspect of the tech sector, it is in my opinion the quickest and most obvious thing that’s wrong with it today.

What I found out was that through out the mid & late 90's... Large software corporations were experiencing a very public and published labor shortage of skilled tech workers in America. Companies like Microsoft and Oracle among other large corporations began to lobby Washington to increase the cap on H1-B visas from 65,000 to 130,000 per fiscal year looking to get the bill "American Competitiveness in the 21st Century Act" (S.B. 2045) passed.

This bill received a lot of resistance from 1996, when it was first proposed, through 2000 and looked like it was dead several times. Due to amendments on both sides of the isle it remained alive and in Oct 2000, then President Clinton signed the bill S.B. 2045 into law. Which is effective from 2000-2003 and allows the number of 6 year H1-B visa to ultimately be increased to 195,000 per fiscal year. Over the last 2 years, the number of individuals in America under H1-B visa has risen to 650,000 people.

36% of the unemployed 1.8 million Americans could be working if it wasn't for this law. It seems to me that we as high tech workers need to right our Congressmen & Senators and put a stop to this law.....

FlyingA


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To: FlyingA
Capitalists are not the same as conservatives.

An American conservative believes in conserving traditional American values and customs, one which happens to be a laissez-faire economic system. A conservative believes that America is intrinsically valuable for its history and traditions.

A captialist cares only about earnings per share (EPS). America as a nation, indeed as a concept, only has value when it increases EPS. If an international economic system can be implemented that will increase EPS, the capitalist will support it, even if it involves casting aside and destroying America. A capitalist believes EPS is intrinsically valuable.

To a conservative, America is more important than EPS. To a capitalist, EPS is more important than America.

41 posted on 11/17/2002 9:44:12 AM PST by 1a1b1c5d
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To: 1a1b1c5d
1a1b1c5d, Interesting observation. Also very creative NIC there.
42 posted on 11/17/2002 9:46:08 AM PST by FlyingA
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To: TopQuark
"The only difference is where one serves in the military: your son does it hear and the Chinese person does that elsewhere. That's all."

I like living here and being an American!

To you country doesn't seem to matter.

So why don't you move to Kashmir, India -- same-o same-o all is equal. It is just like the US of A according to your logic. You would only be missing the security factor and you might experience some inconveniences in daily life.

This is also something that you won’t understand but I’ll say it perhaps for others:

Before 9-11 I really didn’t care about the H1-B program. Post 9-11 I’ve talked to my coworkers and everyone says about the same thing – that if things get bad here they’re leaving – there is no committment to America or our ideals of freedom and justice. They like living here but they don’t want to pay to keep it that way.

So the generations of American who have made this country the truly great if you talk to ab H1-B they could care less they are tech mercenaries only – not Americans – "no inconveniences please". This is an important point they have no allegiance to the US of A!

43 posted on 11/17/2002 9:48:58 AM PST by BeAllYouCanBe
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To: Dave S
"This is a global economy and everyone better be able to compete globaly. "

Go live somewhere else if it doesn't matter. We are talking about letting in foreign nationals to work in the US. We are talking about if the H1-Bs help the US and there is more to America than being a member of the "Global Economy".

I want to preserve the US of A not make it another turd world nation.

44 posted on 11/17/2002 9:53:01 AM PST by BeAllYouCanBe
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To: Dave S
"And what percentage of OUR college aid kids have ever served in the military"

Everyone I know. My son and my daughter and all their friends.

I don't know a single H1-B who has.
45 posted on 11/17/2002 9:55:08 AM PST by BeAllYouCanBe
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To: The Toad
I have yet to meet an Indian that was a "genius" compared to most of my American IT friends.

I am all for an "Americans first" policy, but I have to disagree with this statement. I would stack some of my Indian colleagues against any American IT programmer. They're just like anyone else; there are good ones and there are not so good ones. Just as with any potential employee, you have to do a good job screening when you hire.

46 posted on 11/17/2002 9:56:23 AM PST by ContraryMary
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To: FlyingA
If the world labor markets were truely free, you would see an equal number of americans working in Inida and asia. I dont see that. A free market sees labor and resources freely moving BOTH ways.

I dont see millions of american programmers working for Indian companies oursourcing here in America, nor do I see an equal number of american workers going to India to work.

Free market, capitalism, and the bill of rights apply to american citizens, not to the whole world. The playing fields must be eaual, with the same social security costs regardless of worker, the same environmental laws, the same taxes, the same regulation, etc.

An indian working at a dollar an hour, with no taxes, no environmental or child labor law requiremnts, competing against americans, is not free market.

47 posted on 11/17/2002 9:57:20 AM PST by waterstraat
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To: TopQuark
Gang bangers use "envy" as a whacking stick the same way you do, friend.

Upset about gang bangers? Upset about Clinton's many women? Upset about that pimp with two pounds of gold chains and a screaming BMW?

Why that's "Just Envy"! Best be careful. Suppress that troubling feeling, friend. Avoid envy!

Ri-i-ight-o. Jolly, bloody, righto.

48 posted on 11/17/2002 10:06:11 AM PST by bvw
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To: FlyingA
The only "truth" about H-1(b) is that it's a program allowing India to dump its crisis-level underemployment among its college graduates onto the backs of our college graduates - particularly when it's continued during the current minidepression.
49 posted on 11/17/2002 10:10:12 AM PST by glc1173@aol.com
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To: glc1173@aol.com
Hummm. Kinda like minimouse?
50 posted on 11/17/2002 10:21:06 AM PST by FlyingA
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To: CanadianFella; TopQuark; Dave S; All
(1) The H-1B program is not free market capitalism. It is a government intervention into the free market, targeting specific professions. See H-1B Study (All you US Citizen IT Workers are TOAST!) for a long discussion on the disparate impact on the IT profession. Most importantly, follow the link at the top of the article for Dr. Markoffs testimony to congress house judiciary committee. Note that this material has been updated to September, 2002 - so it is not out of date.

(2) Some people have claimed this is a "market response" to "unrealistic salaries". Wrong. The market sets salaries and thus they are never "unrealistic". During the Y2K and dot-com convergance salaries went up. Now they are back down. The aquisition of skills in IT is demanding - similar to engineering, like engineering skills they are not easy to acquire and take years of experience to do well. High tech employers did an "end run" around the market by importing foreign labor.

(3) Some folks feel that the IT workers were or are "overpaid". Based on what? For example - a "typical" IT worker with a Masters degree and 5 years of work experience can expect to be paid $85K in a major metro area. Is this overpaid? It is comparible to other advanced technology college degreed positions in other engineering fields. The H-1B initiative is mainly targeted at IT and is simply an approach to reduce the salaries paid to IT workers - thus it is a government program intervening in the free market.

(4) To Dave S who said: " Get over it. This is a global economy and everyone better be able to compete globaly. That doesnt mean that Americans necessarily have to be paid less but they certainly have to be more productive. If H1-B1's can be purchased for half as much and are nearly as productive than you and your kid, then they ought to get the job. BTW, the work could just be outsourced to India or another third world country. At least this way, the money paid in salaries continues to circulate in our economy."
That is a very interesting statement. Think about it. The reality is that any job in this country can be performed by someone, somewhere, in the 3rd world for 1/3 the money. Accountant? Manager? Computer Operator? Nurse? Fireman? Truck Driver? Each and every one of these positions could be filled by someone from India, Pakistan, Indonesia, or somewhere - and they would be willing to do it for a heck of a lot less money. So....is that what we should do? Because that raises some other questions that then must be answered:

What jobs do the unemployed Americans take - since according to this model any job is open to a 2nd or 3rd worlder who will do the work for 1/2 to 1/3 the wage?
What value is there to being an American citizen of we are just one big "globalist" happy family and turn over all of our jobs to anyone willing to come here and work cheap?
This sounds like the hard core Libertarian party position to me - just open the borders and let everyone in. Is this what we want?

Because that is what the H-1B program is doing.

51 posted on 11/17/2002 10:34:16 AM PST by dark_lord
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To: dark_lord
The reality is that any job in this country can be performed by someone, somewhere, in the 3rd world

Oops. I should have said, any job other than the President of the US - you have to be born in the US for that one. :-)

52 posted on 11/17/2002 10:38:58 AM PST by dark_lord
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To: dark_lord
Thanks dark_lord.
Excellent post.
53 posted on 11/17/2002 10:42:43 AM PST by FlyingA
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To: Dave S
This is a global economy and everyone better be able to compete globaly.

Looks like the global economy isn't really working out so well. Check the stock market or your 401K. There can be no competition if a Chinese worker can make $0.25 an hour because they don't have high taxes to pay and they have a low cost of living over there. An American has an extremely huge government to support ---well over half our incomes are taken right off the bat to support huge government social programs and all the rest. Do you call that competition?

54 posted on 11/17/2002 10:51:02 AM PST by FITZ
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To: FITZ
There can be no competition if a Chinese worker can make $0.25 an hour because they don't have high taxes to pay and they have a low cost of living over there.
Good post, and add to that "and the Chinese / European / Any Socialist-like country will pick up the tab" for other expenses.
I'm thinking in particular of Airbus that can operate w/o making a profit as nebulous government agencies fund it. Sure their countrymen might pick up the bill in 50 years when their economy is wrecked, but where does that leave Boeing and people who play by the rules?

The previous comments about that H1Bs are forced upon the IT industry are right on target: the government has bowed to industry pressure to bring in cheap labor that can't change their situation.
55 posted on 11/17/2002 11:15:23 AM PST by lelio
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To: dark_lord
Yours is a well-reasoned post; thank you.

(1) The H-1B program is not free market capitalism. It is a government intervention into the free market, targeting specific professions.

It is a free-market capitalism: citizenship is a barrier to an unbridled, completely free market; the government removes that barrier for certain professions.

Some folks feel that the IT workers were or are "overpaid". Based on what? For example - a "typical" IT worker with a Masters degree and 5 years of work experience can expect to be paid $85K in a major metro area. This, unfortunately, is only anecdotal evidence.

Firstly, in 2000 a Ph.D. in engineering with 20 years of experiense made $95,ooo on average. A person with Master's in CS could and was makeing $200,000 at the end of the nineties. Both the mean and the upper limit is much greater in CS than in enginnering.

Secondly, the salary is not everything. Because of negligible barriers to entry in software, great many "Programmers" made a killing by forming their own companies and/or options once the companies were taken public.

Finally, the requirements for "programmers" have become a bit more stringent only recently. Until 1985 there were no ads that would require higher education for the job. None. It was notewrthy that, in mid-1980s, of a sudden "B.S. in computer science is required" began to appear in ads. In comparison, not only education but even certification had been required of engineers for decades.

The reality is that any job in this country can be performed by someone, somewhere, in the 3rd world for 1/3 the money. Accountant? Manager? Not really. Services such as management are perishable and not transpotable: you have to be here to manage a team in this country.

Nurse? Fireman? Obviosly, the same. Computer Operator? Yes, if the computer is located in India. that raises some other questions that then must be answered:
What jobs do the unemployed Americans take - since according to this model any job is open to a 2nd or 3rd worlder who will do the work for 1/2 to 1/3 the wage?
The cost of labor is only half of the story: the other is productivity. If I can hire someone for half the salary but he makes 1/3 of the product, it is not a good proposition for me.

What value is there to being an American citizen

That is were the problem with the arguments usually lie: I not only disagree but resent the implication that having a job here is equivalent to being a citizen.

But, let me return to economics, since this is what we discuss. I believe that the guest workers should be treated differently from the non-citizens in aspects other than salary. For instance, I do not see why they should not be assessed for public education of their children. Their pension benefits ought to be calculated differently, etc.

- just open the borders and let everyone in. Is this what we want? Because that is what the H-1B program is doing. Not at all: this is a very limited program. Our problem is really in the lack of control over borders.

56 posted on 11/17/2002 11:20:44 AM PST by TopQuark
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To: lelio
There's another way this isn't about competition ---if an American or now Mexican would agree to work for $0.25 an hour, they would not be allowed. The least an American can agree to work is $5.15 an hour and a Mexican $0.50 an hour because of minimum wage laws.
57 posted on 11/17/2002 11:24:43 AM PST by FITZ
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To: FlyingA
BUMP!
58 posted on 11/17/2002 11:26:02 AM PST by happygrl
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To: TopQuark
It is a free-market capitalism: citizenship is a barrier to an unbridled, completely free market; the government removes that barrier for certain professions.
Couple things wrong with this:
1) H1Bs are required to stay with their current employer for so many years and can't easily leave this endentured servitude state. There's a barrier to the H1Bs leaving their current situation.
2) H1Bs are targeted mainly towards one segment: the IT industry. Singleling out one profession for government intervention isn't capitalistic.
3) Capitalism doesn't exist in a vacuum, and I believe voiding any sort of citizenship requirements for work in the country degrades the US as a whole. It makes the country more of a port of call for any sort of migrant worker coming through. Why try and flourish in a country where cheap labor is brought in from anywhere w/o restrictions?
59 posted on 11/17/2002 11:50:27 AM PST by lelio
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To: FITZ
Your point about minimum wages laws is taken, but look at the degrees of scale. American minimum wage is around $6/hr. A Chinese worker in a chicken plant makes about $125 a month according to a recent CNBC show. Granted there are some differences, like the worker has to live on the farm (is that considered free rent?) but works a lot more hours.
Anyway it boils down to that a Chinese factory worker will do the job for about 1/10th of an American one. No reduction of a minimum wage law will ever cause someone to work for 50 cents an hour here. The difference in price just gets worse when you move up to skilled labor -- its the difference between $50/hr and $5/hr ($45/hr in costs) in getting some welding done.
60 posted on 11/17/2002 11:54:56 AM PST by lelio
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