Programmer's Guild Wants Feds to Open H1B Request Data

Thu Jul 20 15:32:28 -0700 2006
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A domestic advocacy group, the Programmers Guild, is requesting the US Department of Labor to release the data they alledge is being held on which companies are requesting H1B labor for what jobs. They maintain that the selection process is flawed and that there are many jobs that could be taken by domestic programmers but they aren't given a chance, due to...irregularities... with the whole process and the lack of public access until after the fact of the hiring.


"Should the U.S. Dept. of Labor provide public access to a government database that purportedly contains information about employers planning to hire H-1B workers for fiscal 2007, which starts on Oct.1, 2006?"..more workers than jobs there

Programmer's Guild Press Release (PDF, 2 pages)

Programmer's Guild Wants Feds to Open H1B Request Data
Fri Jul 21 11:55:11 -0700 2006
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The thing the Guild needs to keep in mind is that H-1B's need to compete on an even playing field. They need to live, work and pay taxes just like Americans. There is quite a bit of hassle involved on the employer's side in getting the paperwork done to hire and H1. (I am an H1) Of course, once you get involved in the Green Card process...

On the other hand, there is a lot less American Bureucracy to deal with if you send the job offshore. At that point the person you are competing against doesn't have to pay the same taxes or try to maintain the same living standard as you. Then it is much easier for the offshore guy to undercut you and take away your job forever.
Programmer's Guild Wants Feds to Open H1B Request Data
Fri Jul 21 12:25:07 -0700 2006
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The reason for H-1B visa legislation was supposed to be so that companies could bring in expertise that might not available to you from inside the US.  For example, a translator and technical writer who can write fluently in some obscure language as well as English. 

So, I disagree that H-1B visa applicants need to compete on an even playing field.  They're not supposed to be competing in the first place.  If software companies are using H-1B visas to staff up with cheap labor, that's a problem; the Software Guild is right to question this behavior. 

As for shipping jobs offshore, Companies are free to do so if they think they can get capable people working in a conducive environment at a reasonable cost.  In fact, there are very few countries in the world today which have the hot-bed coupling of research, entreprenuers, and educated workforce.    The US happens to be one of them.  Many European countries do nearly as well, though they can be more costly in some ways.  The big question is India.  They are developing very rapidly and they're becoming a vast powerhouse in the industry.  However, many off-shore efforts are starting to crack under the strain.  There are limits to how much and how long the cheap labor supply overseas can last.  The benefits are sure to be temporary.  It remains to be seen how long this situation will last. 

Programmer's Guild Wants Feds to Open H1B Request Data
Mon Jul 24 20:38:22 -0700 2006
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They need to live, work and pay taxes just like Americans.

Americans get to go home because they can switch jobs if their employer is an asshat. Many H1B employers treat their H1B employees like dirt as they control whether the H1B is renewed, limiting the H1B employee's freedom of movement. I haven't seen this first-hand but the story is oft repeated. The H1B employees at Electronic Arts are treated just like everybody else.