H1B is not outsourcing. They are full time local workers by definition.
It's amazing companies can get away with firing people and then hiring H1Bs, who, by the government requirements, can't take a citizen's job place.
It's amazing companies can get away with firing people and then hiring H1Bs, who, by the government requirements, can't take a citizen's job place.
The system needs to be changed so that a tech worker who gets pulled over can quickly get residency and a path to citizenship.
I'd also make sure that anyone graduating from an decent American university gets permanent residency. If we are going to let Stanford or UIUC charge these people 40k a year to go to school and become some of the finest engineers, they should be able to be American Engineers.
What is all means is that for an abusive employer, H-1B employees are perfect. They are supposed to get paid more than the prevailing wage, but can be worked to death, and effectively deported if they won't and can't do what they're told to do.
As long as they find a new job before they quit, they are fine. Every prospective H1B I've ever met knew this and was completely willing to jump ship if their first US-based job sucked.
By definition perhaps, but not in practice. When a company replaces long term employees with H1B's, the H1B's are (in my experience) typically employed by a third party such as a foreign based service provider. Most of the largest users of H1B's are outsourcing agencies.
It's an implicit requirement. In order for the H1B application to be approved, the company needs to demonstrate that American workers with equal skill were not available to fill that position. The amount of paperwork required for this process is insane. The application needs to show things like job postings on local newspapers, online ads, etc. as well as a list of who applied and why they got denied (or got offers but rejected them).
[1] - http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupatio...
http://www.dol.gov/compliance/guide/h1b.htm
Specifically:
>>H-1B dependent employers and willful violator employers must attest to the following three elements addressing non-displacement and recruitment of U.S. workers:
>>-- The employer will not displace any similarly employed U.S. worker within 90 days before or after applying for H-1B status, or an extension of status for any H-1B worker;
>>-- ...
>>-- The employer, before applying for H-1B status for any alien worker pursuant to an H-1B LCA, took good faith steps to recruit U.S. workers for the job for which the alien worker is sought, at wages at least equal to those offered to the H-1B worker. Also, the employer will offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker. This attestation does not apply if the H-1B worker is a "priority worker" (see Section 203(b) (1) (A), (B), or (C) of the INA).
I found this flier [1] defining "H-1B dependent employers".
An employer is considered H-1B-dependent if it has:
• 25 or fewer full-time equivalent employees and at least
eight H-1B nonimmigrant workers; or
• 26 - 50 full-time equivalent employees and at least 13 H-1B
nonimmigrant workers; or
• 51 or more full-time equivalent employees of whom 15 percent or
more are H-1B nonimmigrant workers.
I have to believe the requirement must not apply... because any good faith effort to hire a U.S. worker for the 95th percentile H-1B job would result in a U.S. worker being hired. If it actually did apply in most H-1B cases, then I want to sign up for the class action suing basically every tech company there is that has ever hired an H-1B.
EDIT: Thinking more on the 15% threshold for large companies... that is incredibly high. Seems like it's off from where it reasonably should be by more than an order of magnitude!
EDIT 2: Also, there is this: "H-1B dependent employers who wish to hire only H-1B workers who are paid at least $60,000 per year or have a master's degree or higher in a specialty related to the employment, can be exempted from these additional rules."
[1] - http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62C....
The ironic part of my project is now my manager is under pressure because they want to start converting people to full-time and I'm the only one eligible since the rest of the team all have to go back to India soon.
In my 1:1 meeting's my manager is always frustrated since the executives want more full time people, but keep bringing in H1-B's. They just don't get it.