The company, whichever it is, can't displace qualified American worker with H-1B workers. That part is against the law. The argument is about loopholes. The PowerPoint that I posted from the Dept. of Labor lays out that a company must first demonstrate that they searched for qualified American candidates.
Even if we take Disney out of the equation and substitute HCL America in its place, that requirement still falls to HCL America, does it not? They have to demonstrate that there were no qualified Americans in order to use H-1B visa workers. I suppose they would also have to show that it is temporary work, as H-1B is a temporary visa.
It would be hard work to prove that filling a permanent position with a temporary visa-holder is not a de facto replacement, unless Disney and they show that the work and positions had been reclassified from permanent to temporary. You cannot fill a permanent role with a temporary worker unless you plan to cycle new people through it as their visas expire. Disney still owns the positions and the work.
-PJ
You ever hear of “over qualified”? Been there, done that, and wore out the t-shirt.
Was laid off in ‘03 by a major telecommunications firm not long after they attempted to merge with WorldCom and cancelled the attempt. Got a call from someone wanting someone to fill an IT position. After fulfilling all their requirements I was told I was over qualified for the position.
The voice on the call sounded like someone from a foreign country. It only took me a few moments to realize someone was ensuring the “qualifications” for employment could NOT be met by local talent. Those “qualifications” seem to include training level, age and potential salary demands.