"Emergency Relief" for Tech Companies by Importing Half-Priced Labor

[MegalosSkylaki]

One or two members have used a quote from Mark Twain that no ones life, liberty, or property etc. are safe, so long as a Legislature is in session. The Founding fathers understood this well. That is why our Constitution is there -- to protect us against our Government.

Now it seems there is a Bill in the Senate with the curious title Emergency Relief Competitiveness Bill 2008 or such. This is an evil Bill, and I will explain to you why I feel so strongly about why not only should the Bill be defeated, but any Senator of any Party who supports it should be voted out of office. While I generally don't believe in raising single "litmus test" issues for our elected or want to be elected representatives, this Bill so outrageously defies all public trust and the most basic of American values as to why exactly our representatives are there.

The argument for this Bill is that there is a "shortage" of American skilled workers --specifically hi-tech workers --that it is necessary to bring in foreigners to fill those Tech jobs - as Americans are just not up to it. The fundamental principal, if you follow the logic and Title of this Bill is that for America to compete in the World Arena, it must bring in non-Americans to fill Tech jobs. How far away is this from arguing that the best way for America to compete is to stop being America?

As most of you know, these tech workers who are presently working under these special visas are paid about half of what the Americans that they replaced are being –or were, perhaps more accurately -- being paid. Of course, once they are “in country”, very few Americans would probably want them to be broadly fired, and put on an airplane as they are no longer without Visa.

Of course, these “special visa” workers can’t complain or get fired, because they then lose the very Visas that give them the right to live in America.

Does this sound like Indentured Labor to you, where a worker was hired under a seven year Contract and then had to “work 0ff” the terms of that Contract –or be deported or otherwise penalized. We did away with Indenture of labor in the USA. This unfortunate Bill would bring it back under the false guise that it is to fill jobs that skilled tech Americans cannot do.

Anybody know of any Americans –with good skills –who are having difficulty finding jobs that are reasonably within their skills? Of course there are unemployed Americans –with high or technical skills, and there is also a reasonable “transfer of training” well-known to psychology. This Bill would bypass them and use foreign imported workers who can stay here so long as they are employed in the jobs they are in effect “sponsored.” At half-price. Instead of unemployed Tech or trainable unemployed Americans.

Find out more about this Bill and vote against any and all Politicians who would support them. A few “fired” Senators might make them think twice about who they work for. America? Or big tech Corps who can well fill their jobs with Americans. We might also consider making post-secondary education affordable without having huge Student Loans to pay off. Many foreign universities are free for their citizens. Adress these issue before resorting to indentured workers to replace freeman American workers --high Tech or low Tech.

This is not a Competiveness bill if it discourages people from investing in a difficult technical education, if they know the jobs there are reserved for foreign imports , by elected representatives who have forgotten who they work for.

MegalosSkylaki

[Gomer]

Quote:

Cornyn, Lieberman, Gregg & Hagel Introduce Legislation To Help Maintain U.S. Competitiveness, Grow The Economy At Home

Thursday, April 10, 2008

WASHINGTON—On the heels of Tuesday’s announcement by U.S. Citizenship and Immigration Services (USCIS) that it received enough petitions, in just 24 hours, to meet the congressionally-mandated cap of 65,000 H-1B visas available for next year, U.S. Sen. John Cornyn, R-Texas, announced today that he and several Senate colleagues are re-introducing legislation to address this urgent problem by promoting competitiveness, innovation, and employer access to skilled employees.

Specifically, Senator Cornyn, along with Senators Judd Gregg, Joe Lieberman, and Chuck Hagel, today introduced the “Global Competitiveness Act of 2008” (S. 2839) which would give United States employers access to previously unused H-1B temporary worker visas and permanent employment-based visas from prior fiscal years. The bill also temporarily increases the level of H-1B visas in a timely manner while including reasonable targeted enforcement provisions to combat and investigate fraud and abuse of the H-1B program. Importantly, under the Cornyn legislation, H-1B visa holders are only allowed to work in areas where there is a demonstrated shortage of American workers and are not allowed to act as “labor for hire” at different job sites, potentially displacing American workers. Furthermore, participating employers must agree to not rely exclusively on H-1Bs for their labor needs or advertise solely for H-1B workers, and make a concerted effort to hire Americans workers first.

“Tuesday’s announcement highlights the critical nature of this irresponsible cap. For businesses in Texas, and across the country, to continue to grow, prosper, and create more jobs here at home, they must have the resources necessary to remain competitive in an increasingly global economy. Just last month, Microsoft Chairman Bill Gates testified before the House Science Committee on the issue of American competitiveness. He stated that the U.S. economy ‘depends on the ability of innovative companies to attract and retain the very best talent, regardless of nationality or citizenship.’ I agree and we need to do something about it,” Sen. Cornyn said today.

“Well-educated, highly skilled workers are key to our country’s competitiveness. Our outdated system has limited the ability of many American companies to recruit and retain top-quality talent. We must address the H-1B visa crisis to ensure that America remains the world leader in innovation,” Sen. Lieberman said.

“Congress must pass critical visa legislation for our small and seasonal businesses, as well as for companies that fuel economic growth for all Americans. The unreasonably low caps on H-1B and H-2B visas have made it difficult, if not impossible, for businesses to augment their U.S. workforce with foreign labor. Hotels, landscapers, restaurants, and other businesses in New Hampshire have been hit hard by losing access to the H-2B program, and some will be forced to reduce operations, lay off U.S. workers, or close their doors. Moreover, the lack of H-1B visas undermines our nation’s economy,” Sen. Gregg said. “Talent is a nation’s most important resource in today’s information age, and the lack of immigration opportunities for highly skilled labor undermines our competitive edge and forces companies to move their operations overseas, which hurts all Americans.”

“Clearly, the top priority for the Congress must be passage of a comprehensive immigration reform bill. But the unfortunate delay we have seen on that effort should not harm the high-tech companies and other employers who truly need to strengthen their U.S. workforce now and have played by the rules. This legislation creates interim relief for American businesses, large and small, to help maintain our competitiveness in a global market, while at the same time instituting certain enforcement measures temporarily until we can return to comprehensive immigration reform. This issue has the support of Senators in both political parties and I hope the Senate will soon address it,” Sen. Cornyn concluded.

OUTLINE OF GLOBAL COMPETITIVENES ACT OF 2008:

H-2B Temporary Worker Program

• Extends the H-2B Returning Worker provisions for 3 fiscal years

H-1B Temporary Worker Program

• Recaptures 150,000 unused H-1B visas which will be distributed over a 3 year period
• Imposes a H-1B recapture fee of $1,500
• Increases H-1B visa levels from 65,000 to 115,000 for fiscal years 2009 through 2011
• Increases the advanced degree cap for H-1B workers with masters degrees or higher from 20k to 30k for fiscal years 2009 to 2011
• Increases the H-1B petition fee from $1,500 to $2,250

Employment Based Visas

• Recaptures approximately 218,000 unused employment-based visas
• Distributes 61,000 of the recaptured EB visas to nurses and physical therapists (and spouses and children accompanying or following to join)
• Imposes an EB visa recapture fee of $1,500
• Exempts health care facilities in underserved areas from paying the additional EB recapture fee

Prohibitions on Outsourcing and H-1B Only Recruiting

• Requires U.S. employers to provide prospective H-1B applications with a copy of their approved H-1B petition
• Requires all U.S. employers to agree not to advertise the jobs solely to H-1B or indicate that H-1B workers will be given priority
• Prohibits U.S. employers from outsourcing the labor of an H-1B worker by requiring that the alien work only at the worksite of the employer or its affiliates and subsidiaries in the United States
• Bars U.S. employers who have an employee total that includes more than 50% H-1B workers from filing more than 1,000 H-1B petitions in a given fiscal year
• Sunsets advertising and outsourcing provisions in 3 years

Early Adjustment Provisions

• Authorizes aliens who are seeking permanent employment-based visas to file for adjustment of status early if the visa number availability date shown on the State Department Visa bulletin is no more than 24 months out from the date of filing
• Imposes an additional $500 fee for early adjustment filing
• Revises distribution of fees to increase funding of STEM scholarship programs

H and L Enforcement Provisions

• Authorizing DHS and DOL to investigate H and L visa fraud
• Revising the conditions that will result in finding a violation of the provisions of a labor condition application
• Requires information and document sharing between DHS and DOL for H and L fraud investigations and noncompliance
• Increases frequencies of H and L program audits
• Doubles the penalties for violations of the labor condition application provisions
• Adds whistleblower protections for L workers, including requiring back-pay for those harmed by an employer violation
• Limits eligibility for L intra-company transferee status for aliens working with start-up companies

Miscellaneous Provisions

• Extends E-Verify authorization
• Modifies the H and L fraud account provisions to allow USCIS flexibility in terms of use of funds for benefit fraud investigations

http://cornyn.senate.gov/public/inde...3-7b0adab48b23

[Gomer]

We would be better served on focusing our efforts to address the causes for the shortages of highly skilled American workers.

[Gomer]

Quote:

BILL TUCKER, CNN CORRESPONDENT (voice-over): Senator John Cornyn thinks business needs some emergency relief. Senators Chuck Hagel, Judd Gregg, Joe Lieberman agree. Hence, Senate bill 2839 or "The Global Competitiveness Act of 2008." It doesn't quite do what Microsoft's Bill Gates wants to see done with the H-1B visa program, a foreign guest worker program for skilled workers.

BILL GATES, MICROSOFT CHAIRMAN: Even though it may not be realistic, I don't think there should be any limit.

TUCKER: But it would expand the cap by 77 percent, from 65,000 to 115,000 starting next year. The bill is being offered, Cornyn says, because American high-tech companies have thousands of unfilled positions. Yet studies done by the Urban Institute, the Alfred P. Sloan Foundation and Duke's Frat School of Engineering all came to a similar conclusion. There is no shortage of skilled American workers.

VIVIK WADHWA, DUKE UNIVERSITY: So far, I've seen no research study which showed that there was a shortage of engineers in the USA. There's a lot of anecdotal evidence, maybe some local shortages, but there's no shortage that I know of. If there was shortages (INAUDIBLE).

TUCKER: Worker activist groups say the picture painted by big business doesn't match the reality they are seeing and hearing.

PRIYANKA JOSHI, WASHTECH: I get e-mails from all over the country with people who are very well educated, who have American education and they have no jobs at all.

TUCKER: There is currently no mention of emergency relief for American workers, even though the phrase "emergency relief" seems to be the new trend in visa talk in Washington, D.C.

(END VIDEOTAPE)

TUCKER: Emergency relief was the justification used by the Department of Homeland Security when it announced a rule change without public comment, increasing to 29 months the time that foreign graduating students could stay and work in the country after graduation.

But we can report that LOU DOBBS TONIGHT has learned that a coalition of worker activists are preparing a lawsuit to challenge the DHS rule change.

Lou, it seems that the workers are at last learning they're going to have to stand up and speak for themselves in the place of a Congress that clearly is content to speak for business, not them.

DOBBS: This is, to me, shocking. Senator Cornyn, in most other respects, has demonstrated himself to be an able senator, man of integrity, and a well-informed senator. There is no possible explanation that this sponsorship is anything more than a reflexive, acquiescence to the demands of corporate lobbyists, putting intense pressure on Lieberman and Cornyn and all the other senators involved. This is so disappointing when it comes to Senator Cornyn, it seems like. Terrible.

TUCKER: And you can't draw any other conclusion. Bill Gates goes down to the Senate and to the House, tells them what he wants, and Lou, he's getting everything he wants. He got the extension of practical training. That was what he requested. You got to believe he's going to get an increase in H-1B visas.

DOBBS: Well, let's just remind our viewers of something. What percentage of these visas are actually high skilled workers coming in to this country?

TUCKER: The vast majority of the visas, I don't remember the exact percentage, Lou, go to the low-end of the pay scale.

DOBBS: In order words the entry...

TUCKER: No, the H-1B's. They go to low-skilled entry.

DOBBS: Low skilled.

TUCKER: Low skilled. Yes.

DOBBS: Low skilled workers.

And let's remind our audience of one other thing, and perhaps Senator Cornyn as well, and his staff, and maybe our good buddy, Bill Gates, who's got -- sort of he has got enough power that people just start are slobbering over themselves when he goes to Capitol Hill.

What percentage of the workers that are brought in here under h1b visas at the top? What percentage of those top corporations bringing those folks in are Indian companies based in this country and they're bringing in low-skilled workers for the specific purpose of outsourcing American jobs in this country to an Indian company here in this country.

TUCKER: As unbelievable as this number is, Lou, 80 percent. 8 of the top 10 are Indian companies either based in India or based here.

DOBBS: Now Bill Gates, I want to offer you an opportunity. I know you could buy a couple of networks if you wanted to. But you're more than welcome to come here and explain how a man supposedly as smart as you are, who would have an interest in this country, who would have an interest, one would think, in truth, could come up with this -- the nonsense that you have and spew it on Capitol Hill in the form of testimony?

I would love for you to come here. We'll have a nice little discussion about it. You have a standing, open invitation to do so. And Senator Cornyn, you, too. We need to start getting real honest folks about what we're talking about. And that should start with some of the most responsible leaders in the country. Certainly Bill Gates should be among those.

All right, Bill. Thank you very. Bill tucker.

http://transcripts.cnn.com/TRANSCRIP...15/ldt.01.html

[MegalosSkylaki]

Any documentation that there is an actual shortage of skilled workers? The high number of applications for special Visa to bring in foreign skilled workers is only probative of a desire to increase profits and bonuses --not of a shortage of skilled Americans. In Silicon Valley, which relies (too) heavily on this program, the cost of these engeineers, computer techs etc is half that of American workers salaries. Complain about excessive work/hours? Adios Amigos !

Anybody want to devote years and money to go into , say, Physical Therepy, which requires a Doctor of Physical Therepy degree now in NYS, when salaries are kept low by indentured workers who, if fired, lose their work visas--and residence status?

Why not have Companies that pay to petition for visa pay the graduate school tuition of Americans?

Why do banks get high markups on Gov't guarenteed no-risk loans?

Anybody actually believe those "safeguards (huh, what safeguards?) will actually be enforced by Gov't oversight agencies? How? By asking Companies if they are in compliance and taking their word?

MegalosSkylaki

[MegalosSkylaki]

Market economy drives up salaries which induce more people to train for careers; why temper with marketplace? Due to "good record" in doing so - like the Federal Reserve? If there is such a huge shortage of tech, computer, etc. workers, why aren't their salaries being driven up? Low graduate tuition (often free abroad) and high salaries would increase number of Tech & Comp workers.

Sort of like Jonathan Swift's sardonic proposal to solve the food shortage in Ireland by eating babies. "Solve" the alleged shortage of American tech workers and nurses by not hiring Americans?

Solve the "problem" of using middle-class American workers -- by making them lower-class? Creating a Shortage of middle-class Hi-tech jobs and replacing them with lower-class indentured workers is what this Bill is about: If you can't Outsource a job because it has to be done here--well, bring the foreign workers here. At half-price.

Must be a huge shortage of CEOs in America --hence the astronomical compensation. How about a special visa program that would bering in Special Visa foreign replacements --who if they don't feel ther are sufficiently motivated to run a Company for 5 - 10 $ Million a year, are fired, lose their Visa and away they go !

[MegalosSkylaki]

"Emergency Relief" for Tech Companies would be a better title.

Like the "Emergency Aid" efforts of the Federal Government --to bail out poor business and reckless practices of major Finacial Institutions --who are professionals in evaluating and pricing risk -- did such an abysmal job at it that, while earning huge salaries and bonuses for themselves, almost drove their companies and Shareholders into the ground...while neglecting the needs of the amateurs, the homeowners who bought into that scam themselves.

Here, the System of Big Business Representative Gov't ( aka "Syndicalism") is not only aiding the Tech Companies like poor Microsoft -- whose leader and principal owner, Bill Gates, is pushing hard for more and more special Visas to bring in half-priced foreign tech workers -- it is carrying it a step further by harming the American Employees by deliberately driving down market-driven prices of labor.

Ah! Notice how selectively some people favor Capitalism, while in reality, this is the last thing they want. Notice how often they find the people's elected representatives (here Senators of both Parties) to do their bidding.

MegalosSkylaki

[MegalosSkylaki]

err..to eliminate Checked facts -- but to addd "Emphasis Supplied" Bold Type

Quote:

BILL TUCKER, CNN CORRESPONDENT (voice-over): Senator John Cornyn thinks business needs some emergency relief. Senators Chuck Hagel, Judd Gregg, Joe Lieberman agree. Hence, Senate bill 2839 or "The Global Competitiveness Act of 2008." It doesn't quite do what Microsoft's Bill Gates wants to see done with the H-1B visa program, a foreign guest worker program for skilled workers.

BILL GATES, MICROSOFT CHAIRMAN: Even though it may not be realistic, I don't think there should be any limit. [Get that? No limit on Visas issued to fill jobs that Americans can fill ?-DOOG]

TUCKER: But it would expand the cap by 77 percent, from 65,000 to 115,000 starting next year. The bill is being offered, Cornyn says, because American high-tech companies have thousands of unfilled positions. Yet studies done by the Urban Institute, the Alfred P. Sloan Foundation and Duke's Frat School of Engineering all came to a similar conclusion. There is no shortage of skilled American workers.

VIVIK WADHWA, DUKE UNIVERSITY: So far, I've seen no research study which showed that there was a shortage of engineers in the USA. There's a lot of anecdotal evidence, maybe some local shortages, but there's no shortage that I know of.

PRIYANKA JOSHI, WASHTECH: I get e-mails from all over the country with people who are very well educated, who have American education and they have no jobs at all.

TUCKER: There is currently no mention of emergency relief for American workers, even though the phrase "emergency relief" seems to be the new trend in visa talk in Washington, D.C.

(END VIDEOTAPE)

DOBBS: This is, to me, shocking. Senator Cornyn,........There is no possible explanation that this sponsorship is anything more than a reflexive, acquiescence to the demands of corporate lobbyists, putting intense pressure on Lieberman and Cornyn and all the other senators involved.

DOBBS: Well, let's just remind our viewers of something. What percentage of these visas are actually high skilled workers coming in to this country?

TUCKER: The vast majority of the visas, I don't remember the exact percentage, Lou, go to the low-end of the pay scale.

DobbsAnd let's remind our audience of one other thing,..............................What percentage of the workers that are brought in here under h1b visas at the top? What percentage of those top corporations bringing those folks in are Indian companies based in this country and they're bringing in low-skilled workers for the specific purpose of outsourcing American jobs in this country to an Indian company here in this country.

TUCKER: As unbelievable as this number is, Lou, 80 percent. 8 of the top 10 are Indian companies either based in India or based here.

This is immoral, probably anti-Constitutional putting of Americans out of their estate, and simply another scam to replace Capitalism with Syndicalism -- an unholy mis-Alliance of Big Business and the Government, which despite its flagrantly bogus title, is a Bill to replace American Workers with foreign imports. the next Logical step for this Syndicate is to DEPORT Americans and replace them with Foreigners --who being under Visa Indenture that would deport themselves if they fell out of favor (or asked for a raise), won't vote against the people who bought them here and keep them here.

If this seems Preposterous, it is only because this Bill is Preposterous.

MegalosSkylaki

[MegalosSkylaki]

Hiring high skilled workers at low-skilled wages is the a dubious way of solving any supposed shortage.

Notice Execs don't use that business strategy on themselves.

How about becoming more competitive by paying high Execs at the same or lower ratio of pay to workers pay that other Countries use?

MegalosSkylaki