September 11, 2009
Congress' H-1b program is displacing
daughter of Programmers Guild president out of the job market
(Please also see
email to a Sacramento employer who is running a PERM ad to
demonstrate that "no Americans are available" to sponsor an H-1b worker
for a green card.)
For years the Programmers Guild has been
calling for some
basic reforms to the H-1b program. Now the harm of the H-1b program
is hitting home.
In May 2009, Kim's daughter Stephanie graduated from the
of Southern California (USC) with dual STEM degrees. (U.S.
News ranks USC Engineering school 7th in the nation.) Stephanie completed both
degrees in only four years and worked at summer internships. She has
incurred student loans approaching six figures.
Her resume is here -
and Stephanie is willing to speak with reporters.
M.S. Civil Engineering, Structural Engineering
B.S. Civil Engineering, Building Science
National Honor Societies: Chi Epsilon, Tau Beta
Pi, Mortar Board (Webmaster), Phi Kappa Phi
In spite of a diligent search for work through the
summer, she - along with many of her USC classmates - is unable to find
a job. This is a typical response:
On Wed, Sep 2, 2009 at 9:54 AM:
Hello Stephanie Ė
Thank you for your resume, it is very
impressive. Unfortunately, as Iím sure
youíre aware, the state of the economy
is not good, and Las Vegas especially
has been hit harder than most. I would
truly like to bring you in for an
interview and hire, but we just donít
have the workload capacity to hire
anyone right now.
Yet, even in this worst job market in 25 years, in
October 2009 Congress will flood in another 65,000 H-1b workers. In 99% of these jobs Congress did not even
require that employers first try to fill these jobs with American
Currently, these 65,000 jobs are unfilled. In the past, USCIS and U.S. Department of Labor (DOL)
have refused to disclose these job openings - effectively reserving U.S.
jobs for foreign workers:
Consistently, DOL has not posted the FY 2009 Labor Condition Application (LCA) records on the DOL website:
They will wait until after the jobs have been filled by temporary
foreign workers - because Congress does not require that the records be
disclosed prior to the jobs being filled.
Complete H-1b LCA records for prior years
are on this DOL
FY 2008 file is the source of the Excel extract in the following link.)
FACT: Stephanie is qualified to fill many of these
jobs that DOL is reserving the H-1b workers.
An Excel file containing the
Civil Engineering and
Architectural categories of approved
for FY2008 is zipped here. The jobs that pay $40,000 or less (or
$20/hour or less) are highlighted in pink. The jobs within the
Sacramento region are highlighted in green. You can sort by zip code,
wage, or other fields to analyze this data. There are over 8000 approved LCAs within this job category. (Note that not all LCA jobs are
subsquently filled by H-1b workers.) These jobs require a minimum of a
BS degree in a technical field, and presume that the candidate also has
Here are a few:
|ARCHITECTURAL DESIGNER - $13.55/hour
Daniel Chudnovsky, A.I.A. Architects, Inc.
1964 Westwood Blvd.
Los Angeles, CA 90025
|ARCHITECTURAL DRAFTER - $15.38/hour
Winter & Company
1265 Yellow Pine Ave
Boulder, CO 80303
|ARCHITECTURAL DRAFTER - $28,600/yr
Ted Tokio Tanaka Architects
11307 Hindry Ave.
Los Angeles, CA 90045
|DESIGN ENGINEER/CAD SPECIALIST - $28,800/yr
Team 7 International
1648 Union St. #101
San Francisco, CA 94123
|CIVIL ENGINEER - $40,000/yr
Atlantic Engineering Laboratories
41 Murray Street
Rahway, NJ 07065
These jobs all fully comply with the DOL's
"prevailing wage" requirement - because the DOL prevailing wage is a
sham. Stephanie is likely a stronger candidate than the H-1b workers who
are filling these jobs. This is likely true of the thousands of jobs
that DOL is currently reserving the H-1b workers to fill next month as
FACT: Stephanie and other new graduates could
easily find work if Congress executed a few simple emergency steps:
Immediately suspend the H-1b program and require
that USCIS and DOL publicize the 65,000 current U.S. job openings.
Require that all jobs currently held by H-1b
workers be re-opened for U.S. applicants.
Reform the H-1b program to require that employers
first try to recruit U.S. workers, and to pay a prevailing wage at
least equal to what average-skilled Americans are earning within the
Repeal the 17 months OPT extension that Chertoff
decreed as a "DHS Emergency."
FACT: Underpaid H-1b workers are
flooding into the Sacramento Region
Excel of the 1466 FY2008 LCAs for all occupations for the Sacramento
Region is here. Of these, DOL only denied 4 of them. Approvals
include LCAs that suggest below market wages if not H-1b fraud - such
as sponsoring several H-1b workers from a residential address:
A $2000/month "BUSSINESS MANAGER" (sic) for
in Citrus Heights
500 "NURSES" earning
$8.00/hour by "The
Firm Group & Associates" in Sacramento - which Google does not find
a website for.
$26,000/year "DATABASE ADMINISTRATOR" for
www.key-soft.com/index.html - this one firm filed dozens of LCAs
for Sacramento in FY 2008.
Several "PROGRAMMER/ANALYST" earning
Information Technologies Inc which has no website and operates
from a residential address:
1065 Sandwick Way Folsom, CA 95630.
JNJ Solutions Inc. filed several LCA for
"DATABASE ADMINISTRATOR" and "COMPUTER PROGRAMMER" for $55.000/year
from a suite next door to Congressman Lungren's office: 2377 Gold
Meadow Way Suite 100 Gold River CA 95670. Their website is dead at
www.jnjsolutions.com - but I see recent ads:
http://www.corp-corp.com/js/js_view_job.aspx?js=444720. Found linkedin of a former JNJ recruiter:
http://www.linkedin.com/in/sureshrajendran (Indians hiring
Xcel, Inc filed 24 LCA for "PROGRAMMER
ANALYST" for $60.000/year. They operate from a
1236 Souza Way Folsom, CA 95630. The "career page" on their
website is vague - it does not list any specific "openings":
Mara Consulting Inc. filed an LCA for "SENIOR
PROGRAMMER ANALYST." They operate from a
8577 Almond Bluff Court Orangevale, CA 95662. Their "career
opportunity" ads read like sham PERM green card ads. "Account
Manager" named "Jas Lochab."
Kaustubam Systems, Inc. filed an LCA for "SR.
PROGRAMMER ANALYST." They operate from a
(very nice) residential
3843 Mountainview Drive Loomis, CA 95650. I don't find a company
website, but I find
LinkedIn for Viral Joshi - claims to be from India and work at
NEC as a consultant for the past eight years. Meanwhile NEC
Electronics in Roseville had laid of most of their U.S. IT workers -
including my former coworkers. (I worked at NEC 1992-1997.)
Estrada Consulting, Inc. filed four LCA for
"PROGRAMMER ANALYST" paying $50,050/year. They operate out of a
9 Nellis Court, Suite 100 Sacramento, CA 95835. Their "current
openings" does not list any.
Conzeal, Inc. filed five LCA for
"PROGRAMMER/ANALYST" paying $57,500/year. They operate out of a
10121 Lambeau Court Elk Grove, CA 95757. Their "contact us" page
includes addresses in India:
BM Associates, Inc. filed three LCA for
"COMPUTER SYSTEMS ANALYST." The provide a
as their "headquarters":
9783 Swan Lake Drive Granite Bay, CA 95746. Their
There are dozens more just in the Sacramento region,
and thousands nationwide - comprising a substantial percentage of H-1b
usage. In the Sacramento region it appears that most of the
sponsors are third-party bodyshops rather than principal employers of
How do bodyshops that operate out
of residences the have a critical need for foreign workers? Are these
the employers that Congress fears will "relocate out of the U.S." if
U.S. worker protections are added to the H-1b program? These bodyshops
are not filling a shortage - instead they market their resumes and
services in direct competition with the U.S. workers in this
Congressional District. In some cases they receive favored treatment on
contracts because they are "minority owned." On what basis does Congress
give racial hiring preference to recent non-citizen immigrants over
FACT: USC promotes the benefits of hiring
foreign workers over U.S. workers
One would think that after spending $100,000 at USC
that the school would aggressively try to find work for its U.S. citizen
graduates. But the opposite is occurring USC advocates hiring
International students over Americans because it's cheaper to hire
foreign workers! Until a few weeks ago USC was running the following on
their website - (until I emailed
firstname.lastname@example.org objecting to it on 8/14/2009.)
Doesn't an employer have to
prove that international
students are not taking jobs
from a qualified American?
American employers are not
required to document that a
citizen of another country did
not take a job from a qualified
American if that person is
working under a F-1, J-1 or
H-1B visa. Employers
must document that they did not
turn down a qualified American
applicant for the position
only when they wish to hire
foreign citizens on a permanent
basis and sponsor them for a
permanent resident status
illegal to hire international
students because they do not have a
Federal regulations permit the
employment of international students
on F-1 and J-1 visas within certain
limits. These visas allow students
to work in jobs related to their
major field of study. F-1 students
can work on "practical training."
J-I students may work on "academic
Even if it's legal to hire
international students, won't it
cost a lot of money and involve a
lot of paperwork?
The only cost to the employer hiring
international students is the time
and effort to interview and select
the best candidate for the job. The
international student office handles
the paperwork involved in securing
the work authorization for F-1 and
In fact, a company may
save money by hiring international
students because the majority of
them are exempt from Social Security
(FICA) and Medicare tax
FACT: Stephanie was a key plaintiff in the suit
against Department of Homeland Security's "emergency" extension of the
OPT program from 12 months to 29 months.
The above regulations are not H-1b but rather the OPT
program which, unlike the H-1b visa, does not even contain a prevailing
Programmers Guild founder
John Miano and other attorneys presented oral arguments in an appeal
from a lower court's ruling that "U.S. workers do not have standing to
challenge regulations that affect their employment opportunities." The
court has posted
a recording of the oral argument. The Briefs are here (pdf)
Recently, the Federal appellate court affirmed that
Stephanie lacked standing to challenge this extension.
FACT: H-1b is not the only problem
Congress did not stop at the H-1b program. They also
devised the L-1 visa program, which allows employers to transfer workers
from overseas to work in the U.S., while still paying them their foreign
wages. This has created a huge incentive for companies like Intel to set
up shop in India and China, hire their graduates, then rotate those
workers into the U.S. to fill the jobs with cheaper labor.
According to this image from
Congress admitted 1.3 million foreign workers into the U.S. in FY 2008.
I suspect that, in spite of the hardship Americans are having finding
work, Congress will admit over on million foreign workers into the U.S.
in FY 2009 - only 9000 within the "extraordinary ability" category. (Note that Stephanie forced to compete for entry-level jobs
against 70,000 OPT foreign graduates):
Refer to "125,000
brand new foreign workers with work permits each month -- HERE'S THE
PROOF - By Roy Beck, Wednesday, August 19, 2009" for more evidence.
FACT: The H-1b is harming thousands of U.S.
Hundreds of U.S. tech workers have detailed their
personal experiences in the "H-1b Harm Report" at
www.HireAmericansFirst.org. Most of these workers are willing to
speak with the media. For example:
Exult My husband lost his computer programming
job when his company imported cheaper programmers from India.
Lucent Technologies I was displaced from my contract position in
August 2001 while the
H-1B guest workers were retained.
PG&E (San Francisco) My company was actively hiring Indian
contractors through Tata and Infosys at the time I was let go.
Cognizant The company is phasing out American consultants, and
later this year, American employees of that company.
MMO and SnapOn Replaced by H-1B. Spouse replaced by guest worker
General Electric Healthcare I am now retired from GE Healtcare,
Milwaukee. I was forced into retirement at age 60, and eventually
replaced by H-1B workers. Several American engineers have been replaced
at GE by H-1B and green card workers.
AT&T/TATA In October 2001 our office was notified that come Jan
1, 2002 the office would be closed. Within days of the closing, foreign
nations were being bused in to the vacated center.
The University of Chicago Laid off, lost valuable benefits while
H-1b workers retained. Not interviewed for 81 positions while at same
time U.S. Labor Dept. of Labor approved 208 foreign nationals to work at
Lincoln Financial Applied for an Actuate Developer job at company
and was turned down. However, they did hire a colleague of mine for the
same position who was an H-1B worker and who I had trained and mentored
at a previous employer.
Mastercard In 2001, lost contract as company moved away from
Americans to H-1B contractors
McDonalds, Discover, and others The issue I am facing is L-1s now more
than H-1b visas. L-1 are being used to bring a foreign workers over for
training and then the company eliminates higher cost employees and
Phillips Semiconductor In 1998 I was replaced by an H-1b from
India while working at Phillips Semiconductor in Mountain View
Cognizant Technologies Indian Consulting firms set up phony
interviews with the objective of gaining salary information.
PERM FAKE ADS I applied for many positions listed in ads only to
find out that the position listed were mostly ads to justify H-1B
positions of people working for companies whose H-1B positions were
IBS US (El Dorado Hills, California) H-1B workers never
complained about working weekends without pay, as they were faced with
losing their Visa if they lost their job. Laid off in 2001 while H-1B
holders were retained.
IBM After 30 years as an IT professional, I
cannot get so much as an interview.
Anthem Blue Cross California As a programmer at Anthem Blue
Cross, I was among many who were coerced into taking early retirement in
lieu of losing our retirement benefits. This made room for more H-1b
visa programmers from India.
Fiserv Company laid off all American programmers and kept
foreigners - H-1Bs and other visa holders.
WiPro & InfoSys
I just finished my M.S. Degree in Computer
Science. I continue to see U.S. Citizen's jobs outsourced or offshored
or both to India and China. My current company employs Wipro & InfoSys.
They are laying off U.S. workers and hiring "contractors" from these two
companies to do their job in the U.S. (under visa program) or in India.