Abuses of the H-1B program have exceeded the tipping point. For those of you who do not know what this program is here it is in a nutshell.

Each year our government allows a certain number of people from selected countries and with certain high tech job skills to come to our country and work under a special visa. This H-1B visa is good for three years and can be extended under some circumstances.

The intent of this program is not to benefit the countries involved. It is intended to allow U.S. companies the ability to search outside the country for technical expertise. There is no requirement that they attempt to hire an American. These companies who participate in the program are free to cut Americans out of jobs and they are given incentive to do so. They don't have to pay minimum wages, are not required to offer benefits and social security taxes are waived for five years.

The problem is the program is being abused terribly. For one companies have learned that they can pay these people far less than they pay American workers so rather than attempt to hire an American they just go straight to the H-1B program. This cuts an American out of a job. Another abuse is term of the visa. When the three year time frame comes up for expiration they apply to renew the visa without attempting to hire an American. Essentially they are sending jobs overseas without moving the company. These H-1B visa workers become permanent employees.

From the Huffington Post:

Supposedly, the government has set a cap of 85,000 new H-1B’s each year for the entire country. Many workers come in using other types of visas such as:

OPT: Optional Practical Training
F-1: student
B-1: business
J-1: exchange visitor
CPT: (Curricular Practical Training) interns who are recruited later
Q: Special Disney-invented visa for workers who are “authentic to the Epcot experience”

Workers then switch to an H-1B. Switches are not recorded as part of the 85,000 cap and there are no checks and balances in place to reign in visa clearances.

Graphic credit: Wikipedia

This is not a race issue and it is not an immigration issue.
This is a jobs issue and the rule of law.

Here is a snippet from the Wikipedia page on H-1B sourcing:

Paul Donnelly, in a 2002 article in Computerworld, cited Milton Friedman as stating that the H-1B program acts as a subsidy for corporations. Others holding this view include Dr. Norman Matloff, who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject. Matloff's paper for the University of Michigan Journal of Law Reform claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous. The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness. The GAO report's recommendations were subsequently implemented.

High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting various exemptions passed. The American Immigration Lawyers Association (AILA), described the situation as a crisis, and the situation was reported on by the Wall Street Journal, BusinessWeek and Washington Post. Employers applied pressure on Congress. Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on Capitol Hill, "warning of dangers to the U.S. economy if employers can't import skilled workers to fill job gaps". Congress considered a bill to address the claims of shortfall but in the end did not revise the program.

According to a study conducted by John Miano and the Center for Immigration Studies, there is no empirical data to support a claim of employee worker shortage. Citing studies from Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry. Organizations have also posted hundreds of first hand accounts of H-1B Visa Harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.

Studies carried out from the 1990s through 2011 by researchers from Columbia U, Computing Research Association (CRA), Duke U, Georgetown U, Harvard U, National Research Council of the NAS, RAND Corporation, Rochester Institute of Technology, Rutgers U, Alfred P. Sloan Foundation, Stanford U, SUNY Buffalo, UC Davis, UPenn Wharton School, Urban Institute, and U.S. Dept. of Education Office of Education Research & Improvement have reported that the U.S. has been producing sufficient numbers of able and willing STEM (Science, Technology, Engineering and Mathematics) workers, while several studies from Hal Salzman, B. Lindsay Lowell, Daniel Kuehn, Michael Teitelbaum and others have concluded that the U.S. has been employing only 30% to 50% of its newly degreed able and willing STEM workers to work in STEM fields. A 2012 IEEE announcement of a conference on STEM education funding and job markets stated "only about half of those with under-graduate STEM degrees actually work in the STEM-related fields after college, and after 10 years, only some 8% still do".

Ron Hira, a professor of public policy at Howard University and a longtime critic of the H-1B visa program, recently called the IT talent shortage "imaginary," a front for companies that want to hire relatively inexpensive foreign guest workers.

In short companies located here in America are outsourcing their labor force without having to leave the country. It is a willful plan to put Americans out of work and drive down labor costs to increase profits.

In addition we are allowing foreign companies in India to implement the H-1B visa program by selecting and sending people here without following the program as intended. That was never the intent and is probably against the law yet the Congress does nothing about it.

The abuse of this program is not confined to the IT industry. It applies to many technical fields such as medicine and other sciences. Each year about 65,000 H-1B visas are awarded with an additonal 20,000 people with advanced educations yet last year the Obama administration allowed 130,000 H-1B visas to be issued. Do the math. It doesn't add up. Obama's white house has abused the system in a systematic manner with full knowledge they were breaking the law. We are not talking about just 130,000 jobs. This happens year after year. We are talking about a million or more jobs many of which could be filled by American workers.

Unemployment figures show that there are more unemployed American computer programmers here in the U.S. than there are computer programmers here with an H-1B visa. That tells us that virtually NONE of these people are needed here. Some of them may be exceptionally gifted and thus be justified but a vast majority of them are not. We have the American work force here that we need but companies are ignoring American workers so they can hire under the H-1B visa program and pay these foreigners as little as 60% of the going rate.

It is against the intent of the law period yet we do not seem to have a mechanism or the will in place to enforce the law. There is a link below that will take you to a web site where you can join a petition to Congress to right this wrong against American workers. In addition there are story links below that provide more information about this problem.

This program may not effect you in your job but I can just about guarantee you that you know someone who is effected by it. This is not a matter of race nor is it a matter of immigration. It is a matter of stopping the rupture of American jobs being outsourced to foreigners through fraud, loop holes in the law and legislators and government workers who simply ignore the law.

Click the link below and sign the petition for them and forward this to as many people as you know.

Follow this link and sign the petition to reign in H-1B abuse.

Here are more links to articles on this subject. These links are articles data mined to preserve their content and prevent dead links to the actual articles should they go dark:

H-1B_visa Wikipedia
5 shocking examples of H-1B visa program abuse
Silenced workers who lost jobs to H-1B visa abuse (quietly) speak out
Rubio: If Companies Are Caught Abusing H-1B Visa Program, ‘They Should Never Be Allowed to Use it Again’
The fix is in: Proof that H-1B visa abuse is rampant
Insourcing: American Lose Jobs to H-1B Visa Workers
Displaced American STEM workers spur Senate hearing
Economic Policy Institute - Congressional Testimony, The Impact of High-Skilled Immigration on U.S. Workers
New Data Show How Firms Like Infosys and Tata Abuse the H-1B Program << this article shows wages paid vs American wages

It is clear this program has grown into an American job killer.


This type of propaganda is designed to divert attention away from H-1B. None of the jobs listed here are H-1B visa jobs. H-1B visa jobs are restricted to hightech jobs such as Computer programming, Bio-Sciences, and other areas of Scientific research such as nuclear sciences. This type of false narrative detracts from the real problem of foreign workers in our country.

“As long as we must be incessantly hectored about Indians as high-IQ computer whiz kids, let’s take a look at their IQs. You can’t play the high-IQ game when it suits your cheap-labor interests, then cry “racism” when those claims are examined. The average Indian IQ is staggeringly low:

Indian - 82Afghanistan – 84Panama – 84Dominican Republic – 82
Yemen – 85Pakistan – 84Tonga – 86Paraguay – 84
[p.241 of Ann Coulter’s Adios, America]

Compare all that to the United States at 98.

It is often cited that Indians come here and start successful high-tech companies. Lets take a look at that:

Whites/Americans – Tech Successes
Yahoo (founded by David Filo and Jerry Yang. Jerry was 10 when he moved to America from Taiwan)
Google (Larry Page and Sergey Brin. Sergey was six when he moved to the U.S. from Russia, Indians like to take full credit for this)

Brown Immigrants – Tech Successes
Juniper Networks (Pradeep Sindhu)
Sycamore Networks (Gururaj Deshpande)
Sun Microsystems (founded by Vinod Khosla, Andy Bechtolsheim and others in 1982 but ended up as a failure and was acquired by Oracle in 2007)

Try to name one single Indian who was denied a work visa, stayed in India and then started a successful high-tech company. Zip! High-tech companies prosper in America because they are in America - not because of who runs them.

Microsoft promoted an Indian, Satya Nadella, to CEO and Microsoft is headed down the tubes. Google and Apple are kicking Microsoft's butt. Nadella was promoted as a pawn in this game of foreign workers. Nadella is paraded as a success but nothing could be further from the truth. Nadella is being used to promote this lie of Indians being "special people."

As if it is not bad enough that India is invading and taking American jobs they are using some of those people to infiltrate American corporations and steal their trade secrets. Tata Consultancy Services brings a large number of Indians here to America. TCS and its U.S. affiliate Tata America International Corporation recently suffered a severe blow when they lost a lawsuit filed by Verona, Wisconsin based Epic Systems. The Madison, Wisconsin jury then ordered TCS/Tata America to pay $940 million in compensatory and punitive damages to Epic Systems for stealing their trade secrets and starting their own hospital management system in India and abroad. This kind of thievery is not isolated to IT. Bollywood commonly steals movie themes from America and butchers them for their home market. Indians steal a lot. Sounds like what China is doing to us doesn't it!

Here are a few points that Epic Software proved to the jury:

1. proved TCS and Tata America used Epic’s confidential information for purposes other than implementing Epic’s software on Kaiser’s behalf.
2. proved TCS permitted its employees with access to Epic’s confidential information to consult with other TCS employees concerning the development of TCS’s Med Mantra software.
3. proved its claim of TCS trafficking Epic’s passwords.
4. proved by a preponderance of evidence it's claim of misappropriation of trade secrets.
5. proved by a preponderance of evidence it's claim of unfair competition.
6. proved by a preponderance of evidence it's claim of unjust enrichment.
7. proved TCS and Tata America failed to limit access to Epic’s UserWeb to employees who needed access in order to perform testing services for Kaiser.

This is not a race issue and it is not an immigration issue. This is plain and simple black and white abuse of a program that was intended to fill technical positions when a company with a location in the U.S. cannot find an American candidate. It has turned into a program used as a conduit to bring in cheap labor and the result is companies are making more money while cutting Americans out of jobs. These low wages reduce income tax paid to the government and with the proposed reductions in corporate taxes it will further reduce the government taxes collected. I suspect this practice is not isolated to the IT industry. As can be seen here this abuse has lead to other abuses. It is snow-balling.

If American is really going to be first then most of these people have to go home. Sending a high percentage of them home immediately could cause a problem filling the void of process knowledge. I have several suggestions about this program:

1. AMERICANS MUST BE HIRED FIRST Employers must be prepared to show an audit trail to prove they tried to hire an American first. This information should be available without a subpeona on demand.
2. H-1B visas cannot be renewed except at the Masters level and only after a thorough audit is completed by the government to ensure a proper local job search for American candidates has been completed.
3. Other than the Masters level when an H-1B visa candidate reaches the end of their visa term they have to go home for a period of one year and they cannot work offshore for any American company or a company contracting to an American company. If you allow them to do this you will see them continue to work for the same company from offshore taking a position from an American. If you allow them to work for some other company they will be shuffling people around from one company to another in concert to hide what they are doing. They have to be completely off the American job market. When a candidate serves their one year period they must follow all application rules and procedures to come back including all fees.
4. All H-1B visa candidates who have been working in America longer than three years must go home within 60 days. This will allow a transition period for knowledge transfer and give them time to get their personal affairs in order. Protections should be put in place for any property the may be forced to leave behind such as automobiles etc.
5. Moving forward companies found to be in violation of H-1B visa rules should face heavy fines and people who can show they were denied employment in favor of an H-1B candidate should have legal recourse in civil court and these court actions should be allowed to take place in Federal court regardless of the current rules in place concerning what cases can be filed in a Federal court. The reason for this is because in Federal court there are no limits on monetary damages. This puts the fear of God into potential violators.
6. Companies found to be in violation of H-1B visa rules are banned from using the program for a period of time. Subsequent violations or cases where numerous violations come to light can lead to permanent banishment even if the company is sold.
7. H-1B candidates MUST be paid a wage that is on scale with Americans and the employer pays all costs associated with bringing the candidate here and cannot recover the monies from the candidate through any means nor can any other party involved in the process recover from or charge the candidate any fees. Further more the candidate cannot be charged up front at any point in the process. The employer pays the ticket period. This removes the motivation to bring in cheap labor.
8. The H-1B visa program cannot be used in conjunction with the Green card program or any other program designed to provide a path to citizenship except for some critical industries and only at the Masters level.
9. The H-1B fee should be raised to $20,000.

Mr. Trump campaigned on "America First." Fixing and enforcing the rules of the H-1B visa program is a good first step.

If President Trump does not address this issue then he is not putting "America First."

Please sign the petition! Thank you for your patriotism.


More Links

"H-1B hiring patterns indicate preferential hiring and that a bona fide recruitment process is not being followed."
"Most H-1B, L-1, and OPT abuses are never reported. American companies exploit fear amongst, and use intimidation against, American workers to gag them. And reporters don’t want to tell the same story over and over. Further, news stories and public shaming do nothing to alter business models and counteract the lure of cheap H-1B workers."
"We are giving away jobs to foreigners that American workers need and the people profiting from this are the corporations who are getting away with murder."
"Companies have learned that they can pay these people far less than they pay American workers and they take full advantage of it. Thanks Uncle Sam."
"The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness."
"These companies want you to buy their products but they don't want to hire you."
"There is no empirical data to support a claim of employee worker shortage."
"H-1B is a front for companies that want to hire cheap foreign workers."
"The abuse of this program is not confined to the IT industry."
"Unemployment figures show there are more unemployed American computer programmers here in the U.S. than there are computer programmers here with an H-1B visa. In other words we don't need any of them."
"Companies located here in America are outsourcing their labor force without having to leave the country."
"his program may not effect you in your job but you can be guaranteed you know someone who is effected by it."
"The H-1B program acts as a tax-free subsidy for corporations."
"The U.S. has been employing only 30% to 50% of its newly degreed able and willing STEM workers to work in STEM fields. Many of the rest go to H-1B workers."
"This is not a race issue and it is not an immigration issue."
"If American is really going to be first then most of these people have to go home."
"In 2016 the Obama administration allowed 130,000 H-1B visas to be issued inspite of the 85,000 cap by law."
"Hillary Clinton and Marco Rubio wanted to raise the cap to 195,000!"
"False narratives provided by the likes of Bill Gates and FaceBook rob Americans of their job so people like Bill Gates and FaceBook can profit."
"THE DETERMINATION AND ENGENUITY OF AMERICAN WORKERS WILL PREVAIL. THE REAL QUESTION IS CAN MANAGEMENT KEEP UP? So far it looks like Bill Fakes and Mark Suckerberg are laging behind." If you can't get people to follow get out of the way so I can lead.
Follow this link and sign the petition to reign in H-1B abuse!


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