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Friday, Mar 29, 2024

Exploitation Claims Lead to Debate on H-1B Work Visas

Although there have been declines recently in the number of applications for visas by companies seeking to import foreign information technology workers, some Valley IT staffing firms are still crying foul about what they call manipulation of the H-1B work visa program. In spite of numbers released last week by the U.S. Citizenship and Immigration Service (USCIS) that show companies are importing two-thirds fewer foreign workers with bachelors degrees, the number of highly skilled foreign workers,those with advanced degrees,is still maxed out for 2009 at 20,000. Experts speaking to national media outlets have indicated the reason behind the decline may be economic patriotism,or at least fear of being seen as unpatriotic during a very American financial crisis. However, for companies receiving stimulus money, there reasons are more black and white than red, white and blue. That’s because congress specifically forbid companies from using federal dollars to import workers from abroad. The practice of importing IT workers from countries such as India, Pakistan and even the U.K. has come under more scrutiny recently as Republican Sen. Charles Grassley and Sen. Bernie Sanders, I-Vt. asserted the necessity of including provisions in President Obama’s stimulus package aimed at preventing companies from importing foreign workers with federal dollars. At the same time, separate legislation crafted to increase enforcement of existing rules that prohibit the hiring of foreign workers to fill jobs that could be done by Americans may be presented to Congress in coming months. “I have a strong perspective on this,” said Phyliss Murphy, president of P. Murphy & Associates, a staffing company in Glendale specializing in the IT sector. “Until the supply of people who live in this country who can do a job is exhausted fully, we should not be bringing people in from other countries to take those jobs.” But Murphy said that is happening in large numbers every day through what she claims is abuse of the so-called H-1B Visa program. However, immigration attorney, Ken Choi of Glendale-based DiJulio Law Group disagrees with Murphy’s analysis. “There’s always been controversy,” Choi said. “And in light of that the INS (Immigration and Naturalization Service, now called the U.S. Citizenship and Immigration Service) implemented a process called ‘labor certification’ wherein if the sponsor-employer wants to hire a foreign national, that employer has to go through a series of steps to show there is no domestic worker available to fill that position.” Choi said the American worker is “well protected” by labor certification. According to Choi, even when an H-1B Visa is in order, the law stipulates that the prevailing wage in that state be paid to the imported worker for the position being filled, as determined by the U.S. Department of Labor. But critics say the rules are being manipulated. In fact, there are many exceptions to the certification requirement (the Labor Department did not return repeated phone calls for clarification as to whether exceptions outnumber certified visas, the latter of which require attestation to the fact that no domestic workers were reasonably available). Worse, say the critics, there are gaping loopholes through which foreign firms drive thousands of immigrant workers daily. “A foreign-owned company,many of them are from India,opens an office in say, Indiana or Nebraska, or somewhere wages are relatively low,” said Al Strong, president of Commercial Programming Systems, an IT placement firm in Studio City. “They get contracts with companies in states where wages are much higher and supply them with IT workers who still work for the placement company while they’re on assignment in, say New York.” According to Strong, unscrupulous placement firms then pay workers at the going rate of the placement firm’s physical location. The National Association of Computer Consultant Businesses (NACCB) does not want the IT industry to be singled out if and when H-1B is reformed. But the organization supports some kind of reform. “U.S. IT staffing firms should continue to have access to the H-1B visa program on the same basis as companies in other industries,” said officials in a policy statement. “NACCB supports legislative efforts to amend the H-1B or other visa programs to permit access to a sufficient number of IT professionals to meet business needs but any such legislation should not discriminate against U.S. IT staffing companies.” But Ken Choi worries that revising H-1B could open a Pandora’s box that might hurt the U.S. economy. “I think H-1B is very important to the vitality of the economy,” he told the Business Journal. “If we did not have these visas in place for foreign nationals to contribute,and that’s the key word, contribute,we would not benefit from the talents of people with these extraordinary abilities to influence or augment our workforce.” Choi pointed out that all H-1B workers have at least a bachelor’s degree, many of which come from U.S. universities. “My wife came to the country as a foreign student and after she got her clinical degree, she worked under an H-1B Visa,” he said. “Losing her skills to another country would have hurt not only her employer, but the economy as well.” Yet, there are exceptions to the labor certification process, which among other things requires companies to advertise job openings before they request an H-1B. Foreign nationals who fall under certain descriptions do not have to be certified as being the only available choice for an employer. Among those descriptions are “outstanding professors and esearchers;” “multinational executives and managers;” as well as those who can serve the “national interest,” even when there is no shortage of workers. National interest waivers cover those in possession of masters or bachelors degrees, plus five years progressive work experience, as well as those working in a field of “substantial national importance;” and workers for whom the “promised benefits of their work are produced by their work.” In addition, physical therapists and nurses require no certification as only being available from foreign countries. Add to that exceptions for university teachers, “persons of exceptional ability in the sciences or the arts,” and people like Phyliss Murphy see gaping opportunities for abuse that are being exploited every day. “I’m not saying the workers are not good,” she said. “Many of them are. But foreign companies are importing them to U.S. shores and taking advantage of them. It’s long past time for revisiting H-1B.” However, at least one local IT staffing professional sees few problems with the program. “It could be more regulated,” said Alma Padron of Preferred Technical Staffing in Granada Hills. “But there’s almost no abuse. Companies are being more conservative now and hiring Americans first.”

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