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View Diary: Obama, H-1B, and the Secret Tech Lobbyists Don't Want You to Know (30 comments)

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  •  Just Revise Them (3+ / 0-)

    We should do as this diary advocates, and require employers to first try to get domestic American labor to fill any job (at US job market median compensation) before hiring a foreigner to do it. Maybe even require that paying foreign labor less than the median also pay the difference into a Federal programme for training more Americans to do those jobs. Unless the employer can prove a special case, that America somehow lacks the expertise that only foreigners have (but somehow charge less to do it in America).

    America also benefits from bringing foreign laborers here, in moderation - and not when they're just cheaper. The balance to be struck can be found by simply prioritizing equally qualified Americans in America, but flowing foreigners in when they truly are the last resort.

    FWIW, we shouldn't forget that the American SW industry is vastly indebted to public spending on basic computer science, R&D and buildouts for its existence and success. Returning the favor by ensuring Americans get the job dividends when we're qualified for it is just breaking even.

    "When the going gets weird, the weird turn pro." - HST

    by DocGonzo on Thu Nov 20, 2008 at 09:46:49 AM PST

    [ Parent ]

    •  I suspect the reason that the requirement to (1+ / 0-)
      Recommended by:
      Cassandra Waites

      first look for American workers was done away with was that it was basically meaningless.

      For example, consider the case where there is a requirement to post the job advertisement in a public place for 2 weeks.  So, at 10 am on Friday you post it on a popular public bulletin at your local university where there is likely to be a pool of putatively qualified American job applicants.  By 2 pm, the bulletin board (and the job advertisement) is covered over by 7 layers of advertisments for the weekend's frat parties.  

      Two weeks later, the organization seeking to hire the H visa person conscientiously goes back to ensure that the ad is still there - and sure enough, likely it will be (if you dig deep enough . . .).  But nobody has seen it.  

      OK, that's a rather banal (but real) example of how the requirements to hire Americans  can be thwarted.  So basically, you need to either keep the program or ditch it - any tweaking is likely to become meaningless in short order.  

      •  Cheating is Catchable (1+ / 0-)
        Recommended by:
        Cassandra Waites

        I operated an office full of programmers in Toronto. I wanted to bring in some of my American workers from my NYC office. For them to get work visas, I had to show the Canadian immigration examiner documentation of my search for Canadians, including interviewing some. They didn't include a test of whether I was paying the immigrant less than I'd pay a Canadian, but that would have been a trivial rule to enforce, either in granting the visa or when either of us reported their income. Perhaps triggering a followup interview between immigration and myself. Which, even if it didn't find me hiring foreigners of equal or lower qualifications than available in Canada, would still have produced data about what employable skills were demanded in Canada but weren't available, for Canadian training puropses.

        So even in my own experience, such labor protections are entirely workable. If Canada can do it, America can do it, because we're similar enough in our operations that following them is just a tweak.

        "When the going gets weird, the weird turn pro." - HST

        by DocGonzo on Thu Nov 20, 2008 at 10:14:09 AM PST

        [ Parent ]

      •  SB 1035 (0+ / 0-)

        SB 1035 will do away with the labor contractors. It will prevent a company from bringing their tethered workers into the US, and then putting them to work for a client company. The labor contractors will need to hire Americans to provide the services that they provide to clients. That is an extremely valuable change, for us.

        Support Durbin's bill. Pass SB 1035

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