Paul Taffel ([log in to unmask]) wrote:
: H-1B visa applicants are required to submit proof that the salary being
: paid is at least that of workers who perform the same job function in
: the same geographic area.
From:
http://www.zazona.com/ShameH1B/H1BFAQs.htm#AreUSWagesProtected?
"Are US Wages Protected?
The short answer is NO
Employer's are required to pay H-1Bs the prevailing salary. The
problem is defining what the prevailing salary is. The National
Occupational Employment and Wage Estimates (SESA) is published by the
government to use as a guide to determining prevailing salaries. The
employer can choose to use the SESA or they can choose any salary
survey they want to, even their own. The DOL said that they don't
verify these "Other" surveys so "prevailing salary" is anything the
company says it is. To see how this loophole works go to LCA Images.
The OIG reported that prevailing salaries don't protect US wages -
"There is no certainty that U.S. workers wages are protected by the
LCA programs requirement that employers pay aliens the higher of the
prevailing wage or actual wage paid to their employees who are
similarly employed." [1]
Even if prevailing wages could somehow the enforced, the laws of
"supply and demand" dictate that as you bring more workers into the
labor market, wages will decrease. This means that the prevailing wage
will go down for all workers in that glutted labor market."
From:
http://www.zazona.com/ShameH1B/Library/Archives/LCAs.htm
"Labor Condition Applications
The process of hiring an H-1B begins when employers file a Labor
Condition Application (LCA) with the Department of Labor, form ETA
9035. In this application the employer is required to attest: (1) that
it will pay H-1B aliens prevailing wages or actual wages, whichever
are greater; (2) that it will provide working conditions that will not
adversely affect the working conditions of U.S. workers similarly
employed; (3) that there is no strike or lockout at the place of
employment; and (4) that it has publicly notified its employees of its
intent to employ H-1B workers. In addition, the employer must provide
the information required in the application about the number of aliens
sought, occupational classification, wage rate, the prevailing wage
rate and the source of such wage data, the date of need and period of
employment.
Notice that employers have two options that they can use to specify
Prevailing Wage, they can check the box for "SESA" or "Other". If they
check "SESA, then they must comply with the National Occupational
Employment and Wage Estimates. The loophole in the H-1B law is right
on the LCA. If they check "Other" they can specify any survey they
want to, even their own. The DOL said that they don't verify the
"Other" surveys so "prevailing salary" is anything the company says it
is.
You Decide if American Companies Comply with the Conditions Set by
the H-1B Visa Law"
Then there are images of actual LCAs for your review.
: H1-B is not (in my experience) a way of finding cheap labor, it's
: a way of bringing in talent that's unavailable locally.
:
From Page 11 of
http://www.gao.gov/new.items/he00157.pdf
"H-1B Foreign Workers: Better Controls Needed to Help Employers
and Protect Workers", GAO/HEHS-00-157, September 2000.
"Although employers are not required to prove a shortage of U.S. workers
exists in order to recruit H-1B workers, there has been a longstanding
debate about whether, in fact, sufficient numbers of U.S. workers with
the requisite skills to fill current IT vacancies are available. These
debates have lead to numerous studies, but definitional and methodological
problems in these studies do not permit a conclusion as to the extent
of any IT skill shortage.
: See http://www.grasmick.com/stanton.htm for a summary of H-1B visa
: requirements.
:
The folowing URL is obsolete, but you can find the article via
www.google.com...
http://www.latimes.com/business/la-112101visa.story
U.S. Tech Firms Abusing Visa Program, Critics Say
By JUBE SHIVER Jr. , Times Staff Writer
[snip]
"Amid the tight job market, there are concerns about abuses of the H-1B
visa holders themselves. A few immigrants have begun campaigning for
reform of the program, citing instances of employers paying low wages
and threatening to seek the deportation of foreign workers who
complain.
The GAO--which found that foreigners were offered a median starting
salary of $45,000 last year--said there is little policing of the H-1B
program by the INS.
Devarakonda, of the Immigrants Support Network, agreed with the GAO's
assessment. "The current system is certainly flawed," he said. "The
government doesn't have the resources to police" H-1B."
The INS only has 40 people on staff to deal with all visa fraud, including
the H-1B program. A U.S. citizen can report fraud:
http://www.zazona.com/ShameH1B/H1BFAQs.htm#WhereCanIReportH1BFraud?
Where Can I Report H-1B Fraud ?
"If you are a U.S. Citizen that has been denied employment or you have
been replaced by and H-1B..."
With the current record unemployment rate, there's little reason for
the H-1B program, but that doesn't mean that the ITAA isn't working
on increasing the H-1B cap:
http://www.informationweek.com/story/IWK20020503S0025
InformationWeek > IT Jobs > Hear The One About A Lack Of IT Workers? >
"Frustrated with unsuccessful job searches, unemployed IT workers
likely will be surprised--maybe even incredulous--about a workforce
report from the industry group Information Technology Association of
America.
Though unemployment is up and the workforce is down by a half-million
since last year--from 10.4 million to 9.9 million workers--the ITAA
says a shortage of qualified IT workers remains and projects 1.2
million new jobs this year, with nearly half of them--578,000--going
unfilled."
The H-1B laws are not enforced due to lack of funding and motivation
of INS management. This allows Congress to tell voters about all of
the protections built into the law, while companies can ignore the law.
--Jerry Leslie (my opinions are strictly my own)
Note: [log in to unmask] is invalid for email
* To join/leave the list, search archives, change list settings, *
* etc., please visit http://raven.utc.edu/archives/hp3000-l.html *
|
