Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: stylin19a
They fail to mention that one of the requirements for the H1 category is that they must be payed the prevailing wage and employment of a foreign worker does not harm conditions for US workers. So......are any of you US workers being harmed ?

In theory...in theory. But not in reality. The reality is this:

(1) The "prevailing wage" is defined in bands for general positions. This means they can pay 100% of the H1-B's the absolute bottom wage for the the band.
(2) They can "define down" the title of the position to use a lower wage band. And they do.
(3) There is no checking up on them. Basically, they can declare a position to be whatever title they want. No one comes and tells them -- you wrongly allocated this title. Therefore, there is no sanction on this behavior.
(4) Many, if not most, H1-B's work as contractors. Thus the company that hires them doesn't hire "them", they have a contract with a contracting firm. Therefore, none of the above (1) to (3) apply, because contracts are not subject to the same criteria as employees. I can create a contract opportunity tomorrow, contract someone for 3 months at 1/3 the wage of what I would pay an employee, and keep extending the contract. Since the person filling the position is not an employee, I can pay what I want. If there is a violation of the law...well, heck, it isn't ME that is violating it, it is the contracting firm. Which, by the way, is often a small 10 - 20 person body shop which flies under the radar, or a foreign owned firm anyway.

So...the theory and the reality do not correlate. I speak from real world, practical experience on this.

51 posted on 02/20/2004 5:23:54 PM PST by dark_lord (The Statue of Liberty now holds a baseball bat and she's yelling 'You want a piece of me?')
[ Post Reply | Private Reply | To 20 | View Replies ]


To: dark_lord
Good grief.....thanx for the eye-opener.
54 posted on 02/20/2004 8:53:30 PM PST by stylin19a (Is it vietnam yet ?)
[ Post Reply | Private Reply | To 51 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson