Matt, the problem we have with the H1-B’s implementation is that it goes against the true spirit of the law, and could be consider and out right violation of the law. Bill Gates is asking for an increase in the quota based on a “mis-interpretation” of the law.
Not one person who advocates for the increase in the H-1B, also advocates that the H-1B be paid more, or at least, in par with their American based counterparts…. which is part of the law. The H-1B is about bringing “Exceptional” talent into the USA, not about bringing in “Cheap Labor”.
As an American who has worked in the IT Industry for over 20 years running an IT Professional Services and Consulting Organization, I would like to say that the current abuse and corruption within the H-1B and L-1 visa program must stop and the “True” Intent of the law must be implemented!!
As to the H-1B Visa, in “Concept” the program is good for America, but it’s implementation is currently harming America, and to a certain degree, can be consider a treasonous act against the American people. That’s right “Treasonous” . The concept of the H-1B is to scan the globe for some of the most talent individuals in the world. These individuals have skills and talent that are far above what you can find in the US Market Place. We bring these individuals in to add a competitive advantage to firms in the US which supports our US based economy. These individuals could be Artist, Writers, Chemists, Physicists, Researchers, Computers Science experts, etc. These individuals must have a very special skill or talent that cannot be found in the US market or are very scarce in the US Market. As a result, these individuals with these talents should be paid at the high end to above the salary range that Americans with comparable would get, since these people are of “Exceptional Talent”. By adding these people to our Economy, their skills and talent help produce more jobs and opportunity ‘HERE IN THE USA”. That is the Concept, the implementation is different. The current implementation is destroying any opportunity that would bolster the US Economy though this program, which the H-1B program was intended for!!!!
In implementation, the H-1Bs is paid far less than an American….”a violation of the law”. The skills are commonly found in the US market place, thus the only “Exceptional Talent” that the H-1B has is the fact that they are “Cheaper” than Americans. Do you really believe that INDIA is the source of the majority of the H-1B, because these people are disproportionately of “Exceptional Talent” as compared to the rest of the world? The H-1B should be evenly distributed from all around the world. But that’s not the case. Most of the H-1Bs and L-1 Visa holders are from Indian Outsourcing firms looking to take advantage and profit on America’s hide, using …and abusing … the H-1B and L-1 Programs.
The “Treasonous” Act is the fact that a “Truly” Exceptional H-1B Candidate from some other part of the world who may have contributed to Technological development here in the USA, which would of bolstered and strengthen our US based economy, thus helping America stay Free, has not been given the opportunity to enter the US under this program. Since the Indian Outsourcing firm dominate the H1-B applications process with their workers, whose main talent is being “Cheaper than Americans”, the truly talented one that can help American are shut out!!!
I read on the web that Tata and Infosys put in for 20K of Applications each for H-1B (40k total), of which Tata got around 3000 H-1B in 2006 and Infosys got close to 5000 H1-Bs. The 20K of H1-b applications in 2006 for Tata represented 1/3 of their entire global workforce.
I’m all for bring talent into our country, but the H-1B has transitioned into a highway for “Cheap Labor” to displace a higher paid US based worker. That is not the “Spirit nor Intent” of Law.
As to the L-1 Visa, there maybe even more abuse and corruption than H-1B program. An L-1 cannot work at the capacity as a “Body Shopper”. Funny, some of the Top users of the L-1 are Body Shoppers…hmmmm…could there be abuse?
At present Tata is making very good money on its use of the H1-B and L-1 Visa based workers in the USA. As it is, these workers are paid less than what Americans Citizens or Permanent Residents would get….. which goes against the spirit and intent of the law!!! In year 2006, TCS imported from India over 4800 workers working on the L-1 Visa alone.
Under the L-1 Visa, if any of these persons have worked under the capacity of Body shopping, working at a client site or even working on a client fix cost project, or hourly time & materials project for an end client of Tata, this maybe a massive violation of the Spirit and Intent of the law. With the 2008 elections coming in US, TCS cannot hide from their past and present deeds.
It’s simple, Foreign Corporation and Outsourcing firms should NOT be allowed to use the H1-B program….that is good for America!
If you have time, please check out my Blog at Peningo Opinion Blog