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U.S. Firm Fined for Violations Related to H-1B Program

Grant Gross, IDG News Service, May 2, 2008

A U.S. provider of outsourcing and IT services has agreed to pay civil penalties of $45,000 to settle allegations that it discriminated against U.S. residents when attempting to hire foreign workers holding H-1B visas, the U.S. Department of Justice announced late Thursday.

{snip}

Between May 9, 2006, and June 4, 2006, iGate placed 30 job announcements for computer programmers that “expressly favored” H-1B visa holders to the exclusion of legal U.S. workers, the DOJ said in a news release. The company engaged in citizenship status discrimination, which is prohibited by U.S. law, the DOJ said.

{snip}

Many large tech companies, including Microsoft and Symantec, have pushed for the U.S. Congress to increase the number of H-1B visas available each year. The current annual cap is 65,000, plus an additional 20,000 for graduate students studying in the U.S. In recent years, the annual H-1B cap has been filled within days after the government opened the application period.

But critics of the H-1B program have suggested the program is often abused. U.S. companies often hire foreign workers when U.S. workers are available, critics have alleged. Outsourcing companies are major users of the H-1B program, critics have also pointed out.

{snip}

Original article

(Posted on May 7, 2008)

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Comments

Good, but $45 million wouldn’t be enough. When I was working as a chemist in the microelectronics industry, my bosses had to sign, under penalty of perjury that no legal US resident could be found to do the same job.

The signed those papers anyway.

In the meantime, resumes of US citizens were put in the trash. I saw it done, and would so testify under oath in court.

Before I left for Australia, I trained my own replacement. I insisted on a male, white male US citizen.

He ended up getting fired for not doing something he should have. One of my bosses had all sort of ideas, and it was like a bowl of cherries: some pits and some really good stuff. When that boss wanted something, if I couldn’t make it right away, and needed to order something, he’d still have it in a week.

My trainee had a PhD, but he was never taught in industry.

He didn’t run a series of experiments he was told to run, and someone else patented the new battery technology he was supposed to work on.

One mistake, and he was fired, but a pair of Indians who couldn’t have invented a way out of a paper bag with a chainsaw were retained.

The Indians complained I had too many patents, and so all the framed patent certificates were removed from our front lobby. They were “bad for morale”.

I used to drive to work thinking about how much I loved my job, and spent many evenings in my lab as well. I have bookcases full of books about that field I bought with my own money. Lunch hours without lunch at the local university library.

At 42, I can’t do that again. Not for bosses.

Posted by Michal C. Scott at 6:19 PM on May 7


Thank you Indian Americans for coming to our country, learning about our methodologies, and then taking our jobs to India.

Posted by at 6:25 PM on May 7


Many of my friends who have IT experiance can tell when the cap on H1 visas has been reached when they start getting calls for interviews. I guess it makes economic sense to hire someone for 10.00 an hour on a H1 visa when a US citizen would make 15-20.00 for the same job. There is a scam that goes on when companies want to hire someone that is not a US citizen or legal resident. You will often see ads in the newspaper or on job web sites that will ask you to mail a resume to an address on Pearl street in Dallas Texas. If you see this dont even bother. It is a resume collecting address to see if Americans do not want the job that a visa requester is applying for. Here is a link to the article.

http://www.vdare.com/sanchez/070814_scam.htm

Posted by Spartan24 at 6:42 PM on May 7


This behavior is the rule, not the exception. Pressure your elected representatives to discontinue the H1B program. Those who use it simply refuse to obey the law. They simply pay the extremely minor fines when if they ever get caught.

Posted by at 7:50 PM on May 7


This has been common practice in the IT business for over a decade now. There’s a very good chance that when you send your resume to an agency and you’re a US citizen, they will have you sign an agreement that makes it impossible for you to apply for that job in any other way, and then they’ll throw your resume to the bottom of the pile. They only way you’ll get to interview for that job is if they can’t find any H1-B person for it.

I’ve talked to recruiters who clearly could not speak English well enough to ever effectively work with US candidates. It will continue this way until the US dollar gets so bad that we become the favored hirees for foreign firms outsourcing to the US. That will be a while off though.

Posted by AvgDude at 7:56 PM on May 7


Alcatel-Lucent a French company operating in the USA uses H1B workers to displace American workers. On Friday, American workers are taken out to their last meal and told to take off the rest of their life. On Monday morning, the new H1B worker is welcomed, shown were the stock room is, and taken out to lunch. Thank Congress for the H1B and its professed hatred of the US White Middle Class. The hatred is mutual.

Posted by the Soviet Republic of New Jersey at 9:04 PM on May 7


Once in the hallway of NJ once giant high tech company, a supervisor was overheard speaking to his assistant about how to justify a H1B application. He instructed that a want ad be placed in an out of state newspaper listing qualifications that no one could possible meet. After running the ad for several weeks, the documents would be sent off to the department of labor so the software expertse from India could be hired. These Indian programmers confided in me months later that they wire actually hired in India for a salary they though was fantastic until they arrived in NJ and found out about taxes and high rents and a high cost of living. This was infact illegal, but the Government lookd the other way just as it leaves the border open and unprotected.

Posted by the Soviet Republic of New Jersey at 9:15 PM on May 7


About time!! The cycle I see in CA looks like this: Immigrants enter USA legal/illegal and establish minority/ subcontract (often gov)business; get minority status and receive gov grants. Next the bring in more immigrants and the cycle continues along with their families reproducing at rapid rates to claim gov asst programs. Title 8 & food stamps are favored. H1B’s are just one of many immigration corruptions produced against USA citizens by the gov for ever increasing power against its’ own people. It is schizophrenic. Discontinue all practices against founding USA immigration laws

Posted by at 9:24 PM on May 7


Just another story that illustrates how big business, the Mexican invasion, and other greedy individuals are relentlessly making Americans second class citizens in their own nation. I marvel constantly at Americans who do not get this.

Posted by Bobby at 9:56 PM on May 7


During the dot com bust, I worked as a consultant at a big health care company. In the cafeteria there was a bulletin board with dozens of job vacancies advertised but with “H1B petition” across the top. The company had no intention of hiring any of the (by now) unemployed American software engineers haunting the job fairs in San Jose. A particularly oily HR woman justified anything in the name of diversity.

Posted by Hammer at 10:18 PM on May 7


The last I heard there were at least 300 groups/businesses registered in our nation’s capitol as lobbying on immigration issues. I can guarantee you that only a handful, at most, were lobbying for less immigration.

Our congressmen sit in their offices in DC and get an endless stream of visitors (cash in hand) begging for more immigration. It doesn’t matter that none of their constituents want it - the constituents are back home, don’t come to their office, and sure as hell don’t have cash in hand.

I’ll admit that I’m not brave enough, but if you are and you happen to feel the slightest urge to meet with your congressman and tell him how immigration has hurt your life, please do so. We need more people like that.

Posted by Alan at 1:17 AM on May 8


“I used to drive to work thinking about how much I loved my job, and spent many evenings in my lab as well. I have bookcases full of books about that field I bought with my own money. Lunch hours without lunch at the local university library.”

Bingo! This is exactly WHY the pay is so bad and job security so LOW in the technical professions. You love WHAT you do so much that you tolerated the low pay, to the detriment of your job security. It’s why the ITAA, Big Tech’s Business mouthpiece uses their lawyers like Harris Miller to slice and dice the American tech professional such that you are called stupid and incapable of producing anything in quality or quantity. And plant ostensibly believable stories about techies shortages and alleged high pay. But note that nobody ever asks just WHERE are the Old Geezers in the tech professions? Where are the old engineers and programmers? They’ve been pushed out by the tech business’ Foreign Legion - the H1B.

Posted by at 10:38 AM on May 8


One interesting sidenote to come out of the infusion of H-1B employees:

Now Blacks are not as interested in diversity. It’s just like the Hispanics listing jobs as “bilingual preferred.” What they really mean is “Mexican-style Spanish” preferred. Blacks want “diversity” when it means more handouts to Blacks…certainly not handouts to Indians, Chinese, South Americans, eastern Europeans, Southeast Asians, etc. So much for their high-powered belief in multiculturalism.

Posted by Concerned Citizen at 10:58 AM on May 8


Hey Alan…..if someone is ripping us off…and in washington they are picking us white taxpayers clean….pop off, I know I do…when someone steps on my toes I keep yelping till I get what I deserve….as a matter of fact…..the governor of my state is gonna hear from me shortly….so will some of my congressmen….and I don’t spare the words…why should I??? They don’t spare me on picking my pockets to feed those criminals now do they???

Posted by lydia at 2:28 PM on May 8


More proof that Whites are the new underclass. What do they have against us?

Posted by at 3:57 PM on May 8


10:38 A.M. May 8, Very erudite. One of the best posts I’ve read on the subject of H-1B visas. If we had a few million Americans as aware as you are, all the exploitation would come to and end. Americans are MAKING THEMSELVES POWERLESS. No one else. It is why I so often dispute some of the admittedly very intelligent people who post here on this subject. The excuses get tiring. Americans were forced into forced busing. Americans were forced into affirmative action of the type that practically makes them second class citizens, etc. etc. NO, AMERICANS ALLOWED IT ALL.

Posted by Bobby at 6:01 PM on May 8



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