Current immigration problem at my small business company

[Soral]

So, I will try to explain this as accurately as I can.

*Note: I work at a technology, IT recruiting placement company*

We have had an H1B worker doing specialized software development at one of our clients for the last year.

The candidate was not happy with his current agency, who holds his visa, and wanted to make a switch to a new agency holding his Visa
(you can’t have your own visa, you need a company to sponsor you… these “agencies” hire them, and contract them out)

Apparently, when this process happens, ICE gets involved.

One thing that has happened under Obama, is the law changed, so when you get a visa, or switch who holds it in this case, it must be proven that the worker has a special skill that the hiring company could not find an American to do the job.

The guy is now in limbo, with the chance of losing his visa all together, and being deported.


….. while my co-workers are ignorant of this stuff, and “blame Obama” for this very conservative (imo) visa policy… one issue remains, and it’s a big one.

Shortage of American skilled workers with new technologies.

[Warpy]

1. Are you sure about that last sentence?

Remember, there have been courses in how to fake not being able to find skilled IT workers here in the country because those H1B workers are cheaper and more docile since they don't want to risk deportation.

What companies can't find are cheap qualified workers here.

[treestar]

2. How did the law change in the past two years?

What law did they pass that Obama signed? I missed it.

What's the problem here? No one seems to be sponsoring this guy, so he has to go back home.

[Gaedel]

6. No, he wants to switch sponsors

and the administrators want to send him home.

You don't need a change in the law, just guidance to the administrators enforcing the law.

They want to make it difficult for the immigrant coming over on a sponsor to "jump ship" to another sponsor.

[treestar]

9. Can they?

If they are allowed to switch sponsors, he gets another and stays. If he is not allowed to do that, or can't get another one, he goes.

Hs are legal aliens but when their time is up, like any other, they go.

[Soral]

14. here are the details...

http://www.suite101.com/content/h1b-visa-and-its-employment-issues-a288541

http://www.internationallawoffice.com/newsletters/detail.aspx?g=f68e66cf-ec57-483e-a48f-1cc2ec521c01

On January 8 2010 US Citizenship and Immigration Services (USCIS) issued a memo that is of importance to companies that utilize the H-1B programme, particularly firms that may place non-immigrant workers at client sites. The memo to all service centre directors was written by Donald Neufeld, associate director of service centre operations.(1)

The Neufeld memo outlines new guidance to USCIS officers at service centres processing H-1B applications and signals a new focus for the agency's efforts to regulate outsourcing and so-called 'job shops'. The memo is important to all H-1B employers because it lays out an expanded list of documents in several categories that companies will now have to provide with initial petitions for H-1B workers.

Significantly, the memo identifies a number of categories of outsourcing applications that USCIS will approve and a list of documents that will be required. It also describes several scenarios involving the types of case that USCIS examiners should not approve and provides what appears to be a more solid legal rationale for how it makes these decisions.

In addition to heightened documentary demands, the memo instructs examiners as to how they should deal with the issue of employer control over the work of H-1B beneficiaries assigned at third-party client sites. While some of these issues are not new, this is a significant statement of how USCIS will treat certain categories of application and a warning that it will require all applicants to address and document issues related to control. Finally, it states that USCIS will also:

enforce rules against the hiring of independent contractors;
look at certain indicators that H-1B workers are not actually full employees; and
deny those determined to be working as contractors.

[treestar]

39. If anything, it sounds like the government is scrutinizing them more

[notesdev]

3. There's no shortage of skilled US workers

There is only a shortage of skilled US workers at Indian wages.

[Ginto]

Is there a shortage of unskilled workers? nt

[notesdev]

27. Not with a third of the Mexican workforce over here nt

[Ginto]

30. And if they weren't here? nt

[Fresh_Start]

4. tell me what skills you are looking for

I'll find you Americans who can do that job.

[snooper2]

10. The OP won't do that, won't fit with the meme

But we will wait and see...

Come on...

you can do it..

[Soral]

15. handheld development with C#, and SAP administration combined

good luck

[snooper2]

26. Serious....that's it..

C-sharp and SAP administration...Is it 1997 again :P

[Soral]

34. easier than it sounds

[lumberjack_jeff]

11. The skills that are in such short supply?

Were given to foreign workers by US schools.

[Fresh_Start]

22. not necessarily

Lots of free lowcost education abroad...and a number of really good schools.
But their governments are smart enough to invest in education and ours are arguing about creationism.

[Fresh_Start]

18. which handheld and which SAP? nt

nt

[lumberjack_jeff]

5. Recommended. But probably not for the reason you intended. n/t

[Fresh_Start]

7. another policy change we can approve of nt

nt

[Kalyke]

8. There isn't a shortage.

They just don't want to work for $20,000 when they're worth $60,000 - and I don't blame them!

[Gaedel]

12. If you have benefits

A lot of the older ones will work for 20K.

[Dappleganger]

13. What "new technologies?"

I am sorry, did universities all of a sudden shut down their IT programs??

[Fresh_Start]

20. Companies are refusing to hire the people they previously let go

because they say they no longer than the skills for the jobs. But the companies redefined the jobs to combine jobs which previously weren't grouped together.

That's what we accomplished by stretching ourselves to cover for lost coworkers.

[kestrel91316]

16. The only shortage is of American workers willing to work for slave wages.

[TornadoTN]

19. Got that right. The only thing we're importing is the wage levels from our outsourcing

And we continue to make damn sure no feathers are ruffled on the backs of the Corps who are overseeing our downfall.

[Soral]

23. 100% agree with that too

[ORDagnabbit]

17. Being an IT pro for the last 13 years I say good...deport him and hire an american citizen..theres

lots of us looking for work...myself included

[Soral]

29. if you are NYC area, drop me a line

[ORDagnabbit]

45. crap...wrong coast...I'm in oregon. :(

[blondeatlast]

21. "New technologies"? Do tell; what are these "new technologies" that Americans aren't privvy to? nt

[Soral]

24. Its not that Americans aren't 'privvy' to them, its that its not taught in colleges

and not sold to students as a good career path

[blondeatlast]

25. Explain--specifically, what "technologies"?

What's so new? And btw, my ex-husband came here on an H1b from India--it's not something I'm opposed to, but I think you're full of it when you say Americans can't/won't do the job.

[Soral]

28. Its not so much the tech, but the absurd combination of skills needed, for example...

I need a front-end Java Developer with MQ series.

Are there people out there? Sure, a few.... but are there people willing to work in Fairfield County, CT for 85k?

No.

[blondeatlast]

31. Edit: I'll be kinder. You want an admittedly "absurd" combination of skills for a

job that pays 85K in Connecticut.

I wonder why you have few takers. :shrug:

[notesdev]

33. Try paying a market wage

and you'll have Americans beating a path to your door.

[Soral]

don't be mad at me, be mad at the hiring company.... its a company called..

I would say who it is, but........... F it.

It's priceline.

and don't go say (well, the recruiter takes a cut... blah blah blah)

that's not how it works for FT jobs.

[MineralMan]

32. What shortage of American workers in this field?

That's crap.

[JVS]

35. So your company is some kind of low-cost IT pimp. I hope your business fails.

[Soral]

36. you don't know what you are talking about... that's not how it works for FT jobs..

You can look it up on companies websites... they pay FT jobs the same through us as they would on their own.

don't be bitter about stuff you have no idea how it works

[JVS]

37. Maybe if you'd explain what your shitty business is doing.

I still hope you go under though.

[Name removed]

38. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Binka]

40. The OP Is Fishing

Catch my drift?

[Angry Dragon]

41. You are so off base

It is not conservative
You do not want to protect American workers??
Get rid of all H1B visas until all IT Americans have a job

Glad you have so much faith in American workers

[Soral]

43. I want to get there, but until things change, I need to work with what I have.

Companies are not going to take less skilled workers while the populace catches up.

I am not happy about it either, but its the reality of today.

[Binka]

44. Your posts are full of crappy grammar and shitty reading comprehension

You run a company? The reality of today is you are a clown. Hot oven of pizza waiting.

[Greyhound]

42. Not close to new technology and there is no shortage.

Bow, my contact DB is now very thin in the northeast, but I can give 100 names that can do all that and far more in the west.

But wait let me guess, you want an experienced OO developer to work and live in the most expensive part of the country, who also is at least somewhat expert in working within the SAP framework (knowledge that brings well over $100K itself), with a guaranteed 10 - 30 hours of weekly unpaid overtime, for less than $100K. No paid training, no moving expenses, crappy or no benefits, all to make a billionaire even richer.

How much is the HR director knocking down? What does the VP of marketing get for her work? How about that completely non-productive CFO take?

This shit just makes me sick.

I feel a little bad for the H-1(b) serf, but he has his own nation in peril to fix and is helping to make it make it worse here.