IT staffing firms file suit over new H-1B rules

[ChromeFoundry]

Source: Computerworld

Federal lawsuit contends that immigration service overstepped its authority with oversight memo

June 9, 2010 01:55 PM

Computerworld - WASHINGTON D.C. -- IT staffing firms that rely heavily on H-1B visa workers to deliver their services say they are now in a fight for survival due to new rules created by the U.S Citizenship and Immigration Services (USCIS).

The industry has reacted quickly.

Three IT staffing firms, which hire H-1B workers as software engineers, developers and analysts, have joined with TechServe Alliance, an Alexandria, Va.-based IT services industry association, to file a lawsuit challenging a USCIS memo released early this year which requires that the companies maintain direct control of employees assigned to third party worksites.

The requirements of the memo are antipathetic to the business model of staffing firms, which may not necessarily be able to maintain day-to-day oversight of a temporary worker's assignments. Critics say the USCIS action is a direct result of pressure from some in Congress to limit the use of H-1B visas.

Visa workers make up as much as 90% of workers assigned by the staffing firms involved in the lawsuit, filed in federal court here.





Read more: http://www.computerworld.com/s/article/9177886/IT_staffing_firms_file_suit_over_new_H_1B_rules

[howaboutme]

1. Until every skilled employable American with tech experience has a job

These H1B visas need shut down. The industry uses them to leverage down the compensation of US citizen employees.

[midnight]

12. Absolutely.

[OhioChick]

13. You're absolutely right. n/t

[amandabeech]

14. I have NO simpathy for these people. NONE.

GO IMMIGRATION on this one.

[L0oniX]

2. Americans working American jobs first ...ya damned Bozo's ...for fucks sake ...pffft

[HillbillyBob]

6. AMEN!

Partner is IT prof and we have watched our household income plummet through about 12 downsizings/outsourcings. I ll stop now cause I could go on a real fucking rant about bringing in foreigners to take skilled jobs. Other immigrants end up doing the crap jobs that most Americans cannot or will not do like cleaning and veggie picking.. We have our own gardens to pick from, we are now country mice again after being city mice for a few decades..on the upside it is quite quiet and rush hour around here is 3 cars at a stop sign, the town has 3 traffic lights. The loss of over 50% income hurts a lot.

[Bozita]

3. The American IT industry hasn't been American for more than a few years now

These staffing firms should be outsourced!

[HopeHoops]

4. Well tough fucking luck! These companies EXIST to put Americans out of work.

The H-1B program exists to fill a gap when "qualified American workers" aren't available in sufficient numbers to fill open positions. It IS NOT intended to put Americans out of work and replace them with people from other countries who will work for a fraction of the wages.

So, anti-American companies - FUCK YOU!

[Scuba]

5. Reminds me of a GREAT comeback...

...recruiting software engineers was difficult in the late 90's, but we found a fine young man from India. Shortly after he started the department director was asked by one of the bean counters "why don't you hire white people?" Without a pause she responded "because the Arayan Brotherhood isn't turning out many engineers these days".

This in the greater Chicago area.

[peacebird]

7. hire AMERICANS for these jobs. I get SO P'Od when I hear that Americans need more training

or education to remain employed. WHAT A CROCK. The bastards *I* work for are outsourcing our nice white collar softare jobs to India, NOT BECAUSE INDIANS ARE BETTER, just cheaper.

Keep American jobs in America.

[The Backlash Cometh]

8. They're suing because the change in the law threatens their livelihood?

Have the forgotten what they do for a living?

[cascadiance]

9. Hmm... Are they finally going after the "body shops"? GOOD!

I remember when hiring managers I used to work with joked about being able to hire cheap workers from them.

These "body shop" contracting agencies got around laws of "paying the prevailing wage" by ONLY hiring H-1B workers, so that there was no other domestic worker to compare wages to, so they could basically then pay them what they wanted. Then they would offer workers not as "temporary workers" but offer the third party company a "service" as a technicality so that those workers wouldn't get measured against the third party's domestic workers for these wage expectations either.

In reality though, they were shipped over to the third party companies and they worked just as a real worker would there, just at a lot less salary and without benefits. And the domestic workers would wonder why they don't get raises and there were layoffs to replace themselves with these body shop workers...

I'm guessing that if they are trying to use the same "excuse" of selling a "service" to get around these rules, that the feds now are saying that if they are selling a "service" then they need to manage these employees as if they are working for this "service" now and not just use it as a technicality escape clause!

[drm604]

10. Screw them.

Hopefully they'll lose. I had a tough time finding IT work and when I finally did get something I had to accept 70% of what I was getting in my last position and less benefits.

[high density]

11. H-1B scammers in a fight for their survival

Sounds good to me. None of these H-1Bers are doing jobs that Americans don't want to or can't do.

[howaboutme]

15. Once insourcing of the CEOs occurs

and their bloated compensation is cut, the corporate elite will then understand.

It would be a good thing for America because then this free trade boondoggle might come to an end.