This ad sought applicants for a java developer job, specifying H-1B visa holders only.
Posted on 06/19/2017 12:59:58 PM PDT by NobleFree
An Iowa information technology staffing company last week posted an ad that essentially told American citizens they need not apply.
The ad by American Technology Consulting, posted to the recruiting website ZipRecruiter, sought a java developer to work in San Diego. Initially, it stated “H1B Only,” a reference to the H-1B guest worker visa program for high-skilled workers. The company changed the ad and deleted reference to the H-1B visas, but critics said it likely violates the Civil Right Act, which prohibits discrimination on the basis of citizenship and national origin.
“It’s explicitly against the law,” said Mark Krikorian, executive director of the Center for Immigration Studies. “This isn’t some gray area. But it does tell you what this company is about.”
Krikorian, who retweeted a screen shot of the original ad on Friday, said it should attract the attention of the Department of Justice to see if the company is complying with employment laws.
"It doesn't matter that the ad doesn't say that anymore," he said.
Tara Jose, the president of American Technology Consulting, blamed the ad on a third-party vendor that improperly included the H-1B language. She said her company ordered the ad changed immediately and audited other advertisements in its name. From now on, she said, ATC will place its own ads directly.
"Being a U.S. citizen myself, I completely agree with you," she said. "Once we became aware of it, it came down immediately. That's not what we do at all … It's unacceptable. It's not what we do or how we work."
Jose said her company has workers of a variety of backgrounds and does not turn away citizens seeking jobs. The company's website has a slideshow presentation explaining how H-1B workers can transfer their visas from their current employers to ATC.
John Miano, an employment law attorney who wrote a 2015 book about abuses in the immigration system, said most companies have been savvier about favoring guest workers from foreign countries.
"The fact is that this has been going on for a long time, but now it's largely been driven underground because of all the attention," he said. "The ads used to be a lot more common."
The Justice Department announced in April that it would pursue companies that use the H-1B program to discriminate against Americans. U.S. Citizenship and Immigration Services officials also launched a website, ReportH1BAbuse@uscis.dhs.gov, seeking tips on alleged violations.
This ad sought applicants for a java developer job, specifying H-1B visa holders only.
The ad later was changed, removing references to H-1B workers.
It is unclear how many, if any, investigations are underway. A spokesman for the Justice Department said the agency does not comment on pending cases.
Donna Conroy, director of the advocacy group Bright Future Jobs, said companies are not as blatant as they once were. Her group published a report in 2014 highlighting four help-wanted ads posted on an Indian job portal from October through December 2013 by Experis IT India, a subsidiary of Manpower Group. There were no comparable ads on U.S. job portals during that period, according to the report.
Conroy said her organization's report worked — for a time. Then she started seeing them again until the Justice Department announced it would examine possible discrimination cases.
"Just after the executive order went out, I did notice they're gone. Public pressure does work … If you call them on it, then they'll behave."
"Quietly, they were revising those ads," she said. "Then they returned. Just after the executive order went out, I did notice they're gone. Public pressure does work … If you call them on it, then they'll behave."
Sara Blackwell, who has represented a number of workers making claims against companies that use H-1B workers, said relying on guest workers does not just hurt U.S. citizens; it also hurts legal permanent residents with green cards.
"You are discriminating against foreigners in the United States as well," she said.
Krikorian, of the Center for Immigration Studies, said when a company is advertising for H-1B workers en masse, the reason likely is a desire to keep wages down.
"It's exclusively about cheap labor," he said. "When you're on that volume, that's just about cheap labor."
Blackwell said there is another reason. Workers on H-1B visas offer employers more control since the companies sponsor the visas and can withdraw them, and guest workers cannot easily switch jobs.
Blackwell said it would be great if the Justice Department investigated firms. But she said companies have a great deal of leeway to bypass Americans in favor of guest workers.
"Most of the things that these companies are doing that are so horrible for American citizens and legal immigrants, it's legal," he said. "Most of this stuff is legal."
When I screened the newspaper ads for programming jobs 15 years ago, half of them wanted a response to Bala Cynwyd PA. No, not a massive software company, a massive H-1B clearing house. NANA.
BTW word predict on my tablet does not predict H-1B until I’ve actually typed it once.
Is that an H-1B ping list? Can I get on it?
In the Bay Area, hundreds if not thousands...
I talk to 3-4 staffing vendors daily.
99 out of 100 are Indian/Pakistani.
I’ve changed the name on my resume to Kodedad Khan.
Yup. Real Iowans.
Whatta laff.
Just a bunch of racists, running a game on the pale people called “we gonna get your jobs, whitey”
How does a "temporary" guest worker become an "integral part of our team?"
-PJ
Don't know if there is an H-1B ping list.
Perhaps Whenifhow can tell us.
PINGING.
Good post!!
[Don’t know if there is an H-1B ping list.]
Someone has pinged the H1b list before, but still looking for who that is.
The war on IT workers started during the first Bush administration.
Probably so. Bill Clinton ramped it up, too.
If foreigners can do it any American with 3/4 of a brain can be taught on the job.
This nonsense was supposed to stop under Trump.
If Sessions was anything other than a retarded fossil he would hold a press conference and announce he was going after any company that is discriminating against Americans.
And that goes double for the likes of this elitist douchebag from Dartmouth.
Donald Trump’s Executive Orders Don’t Fix the U.S. Skills Gap
Matthew J. Slaughter
May 03, 2017
Slaughter is dean of the Tuck School of Business at Dartmouth
...Few Americans will dispute these aspirations. Yet implicit in such rhetoric is that America does not need immigrants to meet its talent needs. This notion is mistaken. The data reveal a far different reality: American students trail their peers in too many countries, and American companies struggle to fill too many high-skilled positions that would allow them to thrive.....
America’s performance was worst in math, scoring an average of just 470 — a full 20 points below the OECD average. High performers in math included Singapore (564) and Hong Kong (548), but also Japan (532), Switzerland (521), and Germany (506)....
The under-performance of American students relative to the needs of companies is not a new story. The foreboding “Nation at Risk” report, which equated eroding educational attainment with “an act of war,” was published by Ronald Reagan’s National Commission on Excellence in Education in 1983. But given how long this story has been playing out, its costs today have become very large. Slow productivity growth, wage stagnation, falling rates of entrepreneurship: all these related and intractable problems reflect, to varying degrees, too many American students being too unprepared for the modern workforce....
The desire to create good American jobs at good wages is indeed a worthy one. But no presidential executive order can simply will that desire into reality. We all need to start from the bracing facts. America faces a yawning skills gap that will take a lot of time and approaches to close. Any reform to the H-1B visa program should start with ensuring full enforcement of all existing laws and regulations, and then should be guided by the principle of expanding America’s access to the skills of the world.
Nonexistent - there are 5 million un- or under-employed American STEM workers. Corporate globalists are willing to gut the American middle class with underpaid Third World drones to further fatten their wallets ... and the Uniparty is kneeling in front of them servicing their desire.
” ...America’s performance was worst in math, scoring an average of just 470 — a full 20 points below the OECD average. High performers in math included Singapore (564) and Hong Kong (548), but also Japan (532), Switzerland (521), and Germany (506)....”
You have to watch statistics like this and take them with a grain of salt when comparing to American educational performance. All of the countries named in that above quote are demographically very homogeneous when compared to the USA. I would like to see the USA scores broken out demographically before I get to upset about them.
Strongly agree.
Forgot to post the link.
http://time.com/4758661/h1b-visas-trump-executive-order/
This sanctimonious scumbag SOB really has a problem with Americans being taught on the job.
Typical of the Ivy League elitists who are running amok.
It isn’t that difficult to program, if you are trained.
Bunch of greedy degenerate bastards, still busy squeezing the last penny out of the middle class.
Trump was hired to stop this nonsense, lets hope he gets the H1-b’s down to ZERO next year.
notice “white dudes” need not apply.
Seems they are milking the h1b low pay gravy train.
slave wages for personal profits.
Honest question:
It seems to be illegal to say “H1B only” in an ad.
Is it legal to say “no H1B applicants” in an ad?
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