This is a postscript to my earlier news story Microsoft Laying Off 5,000 Despite Profits
Senator Questions Microsoft
Senator questions, prods Microsoft on inclusion of H-1B workers in layoffs
Grassley says it's 'imperative' that U.S. workers get job priority over visa holders in cutbacks
"These work visa programs were never intended to allow a company to retain foreign guest workers rather than similarly qualified American workers, when that company cuts jobs during an economic downturn,"
Grassley Letter to Ballmer
It is imperative that in implementing its layoff plan, Microsoft ensures that American workers have priority in keeping their jobs over foreign workers on visa programs. To that effect, I would like you to respond to the following questions:
* What is the breakdown in the jobs that are being eliminated? What kind of jobs are they? How many employees in each area will be cut?
* Are any of these jobs being cut held by H-1B or other work visa program employees? If so, how many?
* How many of the jobs being eliminated are filled by Americans? Of those positions, is Microsoft retaining similar ones filled by foreign guest workers? If so, how many?
* How many H-1B or other work visa program workers will Microsoft be retaining when the planned layoff is completed?
My point is that during a layoff, companies should not be retaining H-1B or other work visa program employees over qualified American workers. Our immigration policy is not intended to harm the American workforce. I encourage Microsoft to ensure that Americans are given priority in job retention. Microsoft has a moral obligation to protect these American workers by putting them first during these difficult economic times.
By far, H-1B workers at Microsoft are contractors from body shops like Tata, Infosys, Satyam and hundreds of other sub-contractors in 3- and 4-tier relationships. Microsoft is very tight about its contract numbers, but estimates are 40,000 to 60,000 employees (40% to 60% of total employees). Nonetheless, Microsoft has thousands of directly sponsored H-1B non-immigrants.
Has Microsoft layed off contractors before employees? 180 on MSN Homepages Team.
I predict that Ballmer will not answer all of Grassley's questions. Grassley's other H-1B questionaires were ignored by the body shops that received them.
Only a summons gets notice these days.