Posted on 08/28/2007 10:06:47 AM PDT by VeritatisSplendor
Businesses looking for H1-B employees can now do a job-search in secrecy and hire foreign workers without considering American candidates. If they were required to operate openly, American job-seekers would have a better chance and public pressure might lead to a change in company policy. This is a letter I sent to my congressman and Rep. Tancredo, and I ask you to do the same (after editing the first paragraph to fit your personal circumstances), and to send a shorter version to the editor of your local newspaper.
Dear Mr. Tancredo:
My husband was recently laid off. Many of the jobs advertised in his field have as their responding address “Backlog Elimination Center, Bala Cynwyd, PA.” These are ads placed by companies who have a particular H1-B candidate in mind, and are placing the ad to comply with regulations but have no intention of hiring an American worker.
You may have seen the videos on the internet of the Cohen and Grigsby law firm’s Immigration Law conference, where they openly tell companies how to get around the law and disqualify American candidates.
I request that you introduce a bill requiring that the name of the employer (not a hiring agency) be printed in these advertisements, along with the statement that they have not yet found a qualified American worker. This should be public information because the companies are asking for a special privilege under the Federal program allocating H1-B visas, and American workers are adversely affected. In fact, this should apply to all “work visa” programs, not just the H1-B program.
This way American job-seekers will have a chance to see if these companies are truly making good faith efforts and the companies will no longer be able to hide under a cloak of anonymity.
This would be a minimal and unburdensome change in the law and would serve to give our citizens the information they need to advocate for themselves.
Such a bill should also have a provision that companies must place the ads in English, in the highest-circulation English-language newspaper or newspapers in the area in which the job is located, as a condition for obtaining any work visas.
Mrs. VS
Indeed.
Employers are supposed to look locally before looking elsewhere. I have no problems with enforcing the intent of the H1-B law.
bump
I’m not convinced the answer is to pass more laws.
This particular law will have a clear impact. These ads already exist and follow the existing regulations carefully, according to a detailed template; the new law would simply change the requirements to force the ads to say which company the job is with, in addition to the other things it is mandated to say.
If the employee truly has a unique skill set that American workers don't have (like the H1-B program is advertised as) it won't bother the employing company. On the other hand companies which are just wanting to hire cheap foreigners will be screwed over, which I don't have a problem with.
My husband is in IT and the way the ads are worded give away the intent of the hiring companies, very dishonest. There needs to be accountability.
Hi Sam, Duncan:
This issue gets under my skin like no other. Is there an official campaign response or position on the H1B Visa program?
It’s not a burdensome law in any way. It requires one more line in the newspaper ad.
If such a bill ever was proposed, companies wouldn’t dare fight an openness requirement openly as a burdensome regulation. They’d do their best to sink it quietly, as would all the immigration lawyers who are raking it in helping the companies jump through the hoops.
Mrs VS
The video for those of you haven’t seen it yet. This is excerpts. There were complete videos on the law firm’s website which were even more revolting, but they were pulled after the publicity.
http://www.youtube.com/watch?v=TCbFEgFajGU
Mrs VS
Good idea. I believe that H1B also helps some employers practice age discrimination, but that is very difficult to prove. Some employers do not want to hire older US workers, even if they will work for the same wages as aliens. They don’t even ask what a US worker will accept in wages and benefits — they find an excuse not to get that far.
I guess unfair hiring practices have been going on forever. Some of our older women can tell us all about it.
I know I will get flamed for pointing this out, but a newspaper ad is not required for an H-1B visa. And there is no requirement to look for an American employee before hiring an H-1B visa holder. Ads are for Labor Certification and green cards. Maybe people who are the subject of Labor Certification already have an H-1B visa, of course.
Sure it would. But, instead of patching up bad laws, I'd rather see a level playing field. Government should get off the backs of business and remove whatever laws and regulations cause U.S. employers to look overseas for cheap labor.
Frankly, if someone in a far off land has the skills and the willingness to do my job for less pay than I get, that's my problem; I don't mind competing against him. But, when government adds to the cost of hiring me (e.g. Social Security), that's beyond my control and puts me at a competitive disadvantage.
As is too often the case, big government is not the answer as much as it is the problem.
I find this on a search for H1-B employer requirements, at http://www.globalvisas.com/usa-h1b-visa.html
As an employer led process, applying a for a USA H1B visa also stipulates that companies wishing to bring foreign nationals to the United States through this system should meet certain requirements. In America, visa applications of this kind from a company whose work force already includes successful H1B visa applicants, may require a position to be advertised in the United States before the process of petitioning for a foreign national can begin. In companies where H1-B American visa workers make up 15% or more of the workforce, this will be required.
I haven't located the government regs yet.
Mrs VS
My point has nothing to do with this particular law being 'burdensome.'
See #14. Laws and big government are the problems, not the answers.
One of the gimmicks these companies use with these H1-Bs is to put them on salary, work them 60-80 hours a week, but bill the client for only 40 hours. (An Asian Indian female programmer told me that's how her husband was being used.) The guy was trapped because of the existing law that he had to stay with that company. Your proposal would go a long way in solving that abuse.
Interesting, is it not, that the same people who are constantly flapping their lips about “free markets” and “free trade” are so eager to restrict the flow of information within the same markets they advocate? This is one example...opposition to country of origin labeling is another.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.