But why am I not seeing any posts from the anti-H1B crowd about the lawsuits they are filing? There is legal recourse for what you are alleging, and yet not once have I seen someone seek redress. Is it easier to just complain, or is there more to the individual stories than people let on? This is an honest question, and not an accusation.
There are some civil cases pending including one's against SUN and Microsoft. In general most IT professionals do not wish to file such suits because after filing such a suit one is completely unemployable in the industry an dmost of these people do not hold to the "Class action" lawsuit ideal. Further there is a problem with standing to bring actions. Since the primary transaction for getting in an H1B worker is between the employer and the INS there is no standing for a job applicant to bring suit.
Now as to those companies that are supposedly using the H1B program in a fair and necessary way I say they should prove that is the case. In short the burden of proof must be on the company. They are the one's who wish to import a non-citizen to work in this nation. They should prove the absolute need. We can then reinstitute a very limited program to address those needs. If we are to have hardships endured by Americans let it be by those who wish to import foreign nationals rather than by Americans who seek to work.
Suppose you do want to seek legal redress? Let's take a look at the problems:
(1) Try finding a lawyer to take this on continency. Good luck. They want money up front and by the hour. But you are unemployed, right? And what is going to be your payoff? This is not like a personal injury suit.
(2) If you win, what do you get? A job with the prospective employer you just sued and won? Oh, that'll be great. Talk about a hostile work environment.
(3) And how do you prove your case? Most corporations aren't hiring H-1Bs directly. No, the H-1Bs work for body shops (mainly Indian) who then make the workers available for contracts. The corporations have figured out is cheaper to hire workers on 3 to 6 month contracts rather than as full time employees. Try basing your case on saying that they should hire you instead of contractors. Good luck.
Legal redress is useless -- for the most part, everything being done is legal (for the American companies.) For those Indian bodyshops, they have all kinds of legal violations, but you don't have "standing" to make a case against them. The government does (specifically the Labor department) but does not seem interested.