Thursday, May 28, 2009

The Big Danger to the Whole H1B Visa Program & Working in the US - How Can You Survive the New Laws?

Senator Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) recently introduced legislation to Congress regarding the H-1B visa and L-1 visa programs. This bill at it's core is anti the H-1B visa program, anti-immigration and since the US is founded upon and crown to prosperity via aggressive Immigration throughout its history, I guess Anti American as well.

While the main bullet points used to sell the legislation seem harmless and on the face of it make sense the devil is both in the details and the alarming language used throughout the bill.

  • Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers.
  • Prohibit the blatantly discriminatory practice of "H-1B only" ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50% of their employees are H-1B and L-1 visa holders.
  • Permit DOL to initiate investigations without a complaint and without the Labor Secretary's personal authorization;
  • Authorize DOL to review H-1B applications for fraud;
  • Allow DOL to conduct random audits of any company that uses the H-1B program;
  • Require DOL to conduct annual audits of companies who employ large numbers of H-1B workers.

The bill also states that;

"Some claim that the H-1B program helps to create American jobs, but it is currently being used by some companies to outsource American jobs to foreign countries."

"Employers can legally discriminate against qualified Americans by firing them without cause and recruiting only H-1B guest-workers to replace them."

Now let's take these two points and actually look at some facts for the two Senators who seem to have little grasp of reality.

Over the past decade over half of the Silicon Valley Startups were by Immigrants. Iconic brands like Google, Yahoo and eBay have founded by immigrants and both directly and directly being responsible for hundreds of thousands of jobs in the United States. This intern becomes massive tax revenue for the US Government which goes on to benefit the entire US economy an it citizens with spending on education, health and infrastructure.

Durbin and Grassley only enjoy all their massive Government perks of high salary, benefits like private cars and travel and not to mention a lucrative health insurance policy because of these tax revenues.

Some US politicians and media try to blame the tiny minority (65,000 H-1B visas annually) of foreign workers for all the US economic problems and divert blame from themselves. All the banks and insurance companies were not only headed up by Americans but had US people all across their boards. Then of course all the US media companies who were complicit in all of this happening are all owned by US citizens. Finally of course, all politicians in the US who must share a lot of the blame are also US citizens

So the easy scape goat for all of this becomes the foreigners when in reality they have so little to do with the failures of the economy and much more to do with the success (as mentioned above) and ability of the US economy to recover. Of course these foreigners can't vote so Durbin and Grassley can enjoy their benefits of their hard labor while exploiting them and taking away their rights at the same time without fear of recrimination.

CJ explains the US Immigration system better than anyone else in the world so foreigners don't have to spend money on expensive attorneys to understand the US visa system.

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