** FOR IMMEDIATE RELEASE **
Guild Response to H-1b increases proposed by Mark
Programmers Guild asks its members to become active on the FWD.us Facebook page
respectfully refute Mark Zuckerberg’s
www.FWD.us agenda with
facts and personal accounts – seems appropriate to use FB against
https://www.facebook.com/fwdus Facts can be found in the January 2013 press release at
www.programmersguild.org – and in the yellow box below.
FWD.us Double Standard
essentially advocates open border anyone who wants to come
to USA and work in STEM should be admitted. Fair enough –
as long as Facebook institutes a policy “any American with a STEM
degree and at least a 3.5 GPA that wants to work at Facebook shall
be hired.” You would find a double-standard – Facebook wants to
remain exclusive who it lets into its borders: You would find blatant
age discrimination. You would find favoritism given to “friends of
Until key STEM employers agree to hire all
qualified U.S. applicants that apply, Congress should reject their
calls for increasing the quota foreign workers coming to the USA. Facebook,
Google, Microsoft and others are rejecting tens of thousands of
highly qualified U.S. applicants each year without even conducting
an interview - often without a hiring manager or even a human -
reviewing the qualifications.
Analysis of FWD.us
FWD.us is an organization founded by several
multi-millionaires that advocates for a wide range of CIR
objectives, including Amnesty, the DREAM act, and H-1b
The website includes a statement by Mark Zuckerberg –
bemoaning that the U.S. offers “so few H-1b visas” Mark does not suggest what the H-1b quota should be and
ignores BLS data on the number of STEM jobs being created each year.
Mark doesn’t address any of the substantive H-1b issues: That most
are “entry level skill”; That H-1b are being hired for a lower
salary even when more qualified Americans apply; That the top users
of H-1b are foreign outsourcing firms; That DOL and USCIS are
currently conspiring to reserve 85,000 U.S. job openings for foreign
workers until October 2013 without disclosing those openings or ever
allowing qualified Americans to apply for them.
Mark fails to think
outside of the box to fully grasp the problem and consider
alternative solutions other than “raise the cap.” He states that
“each H-1b creates two or three American jobs” – failing to explain
why hiring American STEM workers would not have the same effect.
(Very few H-1b are doing the “innovative” work that creates any jobs
– “H-1bs create jobs” is an industry PR myth.)
A letter signed by 100 CEOs including Zuckerberg has the same failing – they call for
“more visas” rather than for reforms that would increase the percent
of exceptional workers within the current cap.
Mark fails to explain why U.S. taxpayers are
funding the education of foreign nationals in the first place:
Posted by Mark Zuckerberg on April 11 2013
To lead the world in this new economy, we need the most
talented and hardest-working people. We need to train and
attract the best. We need those middle school students to be
Given all this, why do we kick out the more than 40% of
math and science graduate students who are not US citizens
after paying to educate them? Why do we offer so few H1B
visas for talented specialists that the supply runs out
within days of becoming available each year, even though we
know each of these jobs will create two or three more
American jobs in return? Why don't we let entrepreneurs move
here even when they have what it takes to start new
companies that will create even more jobs?
We need a new approach, including:
- Comprehensive immigration reform that begins with
effective border security, allows a path to citizenship and
lets us attract the most talented and hardest working
people, no matter where they were born
The website doesn’t call for any specific H-1b reforms –
Comprehensive immigration reform that allows for the hiring of the
best and brightest.
That could be achieved by implementing the Programmers Guild
proposal of setting H-1b minimum wage at $100,000 –
consistent with what Microsoft claims to pay a “typical new hire for
a Microsoft programmer or software-engineer position.” But I suspect
that’s not what Zuckerberg has in mind (not as if he cannot afford
to pay a fair wage.)
400,000 Americans get STEM degrees each year - Already H-1b are filling most of
the new STEM jobs being created in the USA!
400,000 Americans graduate with a STEM
degree each year
77,830 "Computer and Mathematical
Occupations" jobs are projected to be created each year
85,000 H-1b enter the job market each year
Where is the "shortage" of STEM workers?
In calling for “more STEM graduates” FWD.us ignores that 400,000 Americans graduate each year with STEM degrees – far more
than the job market needs.
BS STEM) and
http://www.nsf.gov/statistics/infbrief/nsf10324/ (showing that
of the 380,000 BS STEM grads, only about 20,000 are foreign
students.) Add the Americans in graduate and PhD programs, and the
number is close to 400,000 Americans each year.
Meanwhile BLS projects that only about 77,830 “Computer and
Mathematical Occupations” and 25,280 “Architecture and Engineering
Occupations” jobs will be created each year between 2010 and 2020.
There is nothing exceptional about this increase: Healthcare,
Community and Social Services and Construction sectors are projected
to have a higher rate to growth:
currently giving away most new American STEM jobs to foreign
Zuckerberg's vision of using
his wealth and power to undermine democracy leaked to Politico
Money should not buy legislation
in DC. But Industry has the money, and Congress continues to pass
bills beneficial to Industry without the impacted U.S. Citizens
having a voice in the matter.
Quoting from Politico - April 4, 2013:
. . . That plan, sent to board members and staff, was written by Joe Green
— one of Zuckerberg’s Harvard roommates and the man the
young billionaire tapped to lead his group. But before the
group’s unveiling, Green has apologized for the plan’s
phrasing and several claims which he now says aren’t right.
The prospectus, obtained Thursday by POLITICO, states that
Microsoft founder Bill Gates and Silicon Valley investor
Marc Andreessen are founding members of a group named “Human
Capital” and details how the technology executives would use
their companies to “control the avenues of distribution” for
a political message in support of their efforts.
Under a section called “our tactical assets,” the prospectus
lists three reasons why “people in tech” can be organized
into “one of the most powerful political forces.”
“1: We control massive distribution channels, both as
companies and individuals. We saw the tip of the iceberg
“2: “Our voice carries a lot of weight because we are
broadly popular with Americans.
“3. We have individuals with a lot of money. If deployed
properly this can have huge influence in the current
campaign finance environment.”
. . . After being told the plan had leaked Thursday, Green
issued a statement to POLITICO apologizing for the language
and inaccuracies in the prospectus.
Why Zuckerberg favors granting Amnesty to 10 million
predominately unskilled illegal workers without first giving
unemployed Americans a chance to fill this jobs escapes me. Very few
illegals are doing "farm labor" - very few are doing jobs that
"Americans cannot or will not do."
FWD.us in the news:
CIR is not "Comprehensive” unless it ends "anchor baby"
My personal view regarding CIR is that any comprehensive reform should end
“anchor baby” and the practice of pregnant Chinese tourists arriving
with the primary intent of having a “U.S. Citizen baby” – but this doesn’t seem
to be on the gang-of-eight’s table: CIR is being driven by industry
lobbyists who are pushing to maximize the guest-worker low wage
workers that will be available to further enrich themselves.
Mr. Kim Berry
Private Cell: 916-769-4170 (Media only please)
The Programmers Guild advocates for the interests of U.S.
computer programmers and other tech professionals. The Guild is
advocating for some basic U.S. worker protections within the current
Industry push to expand the H-1b program. See
http://www.programmersguild.org for more information.
Programmers Guild Platform
Comprehensive H-1b Reforms that FWD.us Failed
a) Fix the flawed prevailing wage that allows wages 25%
below what average-skilled American would earn.
Guild advocates for minimum wage of $100,000 for H-1b
workers - this is a fair wage for "best and brightest
innovators with skills beyond what Americans possess."
It's absurd that H-1b quota is being filled to bring in
$5/hour kitchen help. 
b) Add requirement to first transparently recruit Americans
before a position could be filled by an H-1b, L-1, or OPT
c) Programmers Guild opposes the "lottery"
 which gives
equal preference to $12/hour pharmacy technicians as
$70/hour genetic researchers. Instead USCIS should accept
applications for 60 days and then give priority to the most
highly skilled (determined by salary).
d) Oppose stapling green cards. Roughly 400,000 Americans
graduate with STEM degrees each year, but they find a
difficult job market for "entry level" skills. "stapled
green card" foreigners possess no special skills. They have
no work experience. The current proposal does not
distinguish between a truly exceptional candidate and a "C-"
student that few employers would hire - Congress makes the
false presumption "because they are foreigners they must be
brilliant - because they muddled through an MS program they
must be brilliant."
e) End the financial incentive for employers to hire OPT
foreign grads over Americans: Currently employers are
exempted from contributing Social Security (FICA) and
Medicare tax on these foreign workers, creating an unfair
advantage against Americans.
f) Getting a green card should be decoupled from employer
sponsorship: Employers are not deciding who to sponsor based
on whether the person is an "exceptional innovative"
candidate, but rather on a desire to keep that worker
indentured in their current job. It has created the absurd
situation of foreigners working at foreign corporations
sponsoring each other for U.S. citizenship. Instead
expand the "extraordinary green card" process - not perfect,
but better than the current sham of PERM recruiting abuse
and indenturing workers at wages and conditions that
Americans would not accept:
DOL approving H-1b for a low as $5 per hour
NBC News article on Extraordinary Green Card Process
Large H-1b user acknowledging in 2006 that ability to
pay H-1b 25% below market wages was their "competitive
advantage" against firms that hire American workers
Programmers Guild alternative to Lottery proposal in
Hire Americans First – Hundreds of H-1b Harm
Testimonials by American workers
Lawmakers hear from CEO opponents of H-1Bs
STATEMENTS BY OTHER ORGANIZATIONS CRITICAL OF H-1B INCREASE
[Profiles/Photos of the dozen
FWD.us is an organization started by key leaders in the tech
community to promote policies to keep the United States and
its citizens competitive in a global economy—including
comprehensive immigration reform and education reform.
Improving Our Future
FWD.us believes the global economy is changing and America
must make significant changes to stay ahead. We will work to
encourage Congress to focus on policies that maximize the
potential of our country’s workforce to contribute to the
This campaign will harness the best of new and old
organizing tactics. We will use online social organizing,
which many of our founders pioneered, to build a movement in
the tech community, while engaging in direct advocacy at the
state and district level to support members of Congress,
regardless of party.
Comprehensive immigration reform that allows for the hiring
of the best and brightest.
Education reforms that produce more graduates in the
science, technology and math fields and ensure all
children receive a high quality education from effective
teachers and accountable schools.
Support for scientific research, which seeds the future
innovation of our knowledge economy, and breakthrough