Bay Area Campaign Targets H-1B Visas, Asks Congress to Fix on Americans’ Behalf

March 23, 2018 | Joe Guzzardi

 

In a campaign that strikes at the heart of Silicon Valley hiring practices, Congress is being urged to fix the H-1B visa program, a major source of U.S. tech worker displacement since 1990. Now in its second week, the campaign features posters in BART trains and stations with a message for tech and other employers to hire U.S. tech workers.

Unambiguous messaging – “Your companies think you are expensive, undeserving & expendable. Congress, fix H-1B law so companies must seek & hire U.S. workers!” – ignited a Facebook firestorm with predictable extremist racism and xenophobia allegations. In today’s landscape, it’s easier to yell “fire” in a theater than to engage in intelligent, fact-based discussion. Comments posted on the Mercury News which first reported on the campaign, and incoming email from American tech professionals both employed and unemployed, were overwhelmingly positive, however.

In addition to sparking productive discussion and federal corrective action on the H-1B visa, Progressives for Immigration Reform, the campaign creator, hopes to foster a movement to unite tech workers. Not only are long-term tech workers displaced by H-1Bs – often forced to train replacements or forfeit severance packages – recent science, technology, engineering and math (STEM) graduates are losing employment opportunities due to companies filling positions with H-1B workers.

The annual guest worker inflow is equal to half of all tech hires even though U.S. colleges and universities graduate plenty of STEM workers. For stark data, consider that for every two students who graduate with STEM degrees, only one is hired into a STEM job. And in Silicon Valley, foreign workers account for about 70 percent of the tech workforce.

Employers’ persistent claim that a domestic tech worker shortage exists, and that therefore they are forced to hire overseas workers, is wildly overblown. In 2016, the displaced American tech community prompted a Senate Subcommittee on Immigration and the National Interest hearing titled “The Impact of High- Skilled Immigration on U.S. Workers.”

During the hearing, Howard University H-1B expert Ron Hira testified that during 2016, Southern California Edison, Disney, Northeast Utilities, the Fossil Group, Catalina Marketing, New York Life, Hertz and Toys“R”Us were among the major corporations hiring H-1B workers. Hira described the companies he identified as favoring low-cost, overseas workers to Americans as “only the proverbial tip of the iceberg,” and assured the committee that many more cases existed. See a 2017 interview with Hira on the H-1B’s ill-effects here.

In other disturbing testimony, Rutgers University’s Hal Salzman challenged employers’ public statements that not enough domestic workers are available. Saltzman noted that employers’ U.S. Securities and Exchange Commission filings tell a very different story. From Salzman’s testimony: “Accenture [a tech company] states that restrictions on guest worker supply would result in ‘new or higher minimum salary requirements and increased costs.’ Another firm says it would have to ‘replace existing offshore resources with local resources, namely U.S. workers, at higher wages.’”

Put another way, without the H-1B visa, the tech industry would have to hire more U.S. workers, and compensate them at a higher rate than guest workers.

Adding his criticism into the mix, Jared Bernstein, a senior fellow with the Center on Budget and Policy Priorities, said on a CNBC “Power Lunch” segment that the “very broken” H-1B visa program exploits foreign workers to the continued detriment of existing employees’ wages.

Urging U.S. employers to hire Americans, as this campaign does, isn’t controversial, prejudicial or discriminatory. Logic dictates that U.S. citizens must have the first opportunity to apply for U.S. jobs. When there is an abundance of qualified citizen candidates available, there is no justification for looking outside of the country. Employment-based guest worker visas like the H-1B instead give preference to non-citizens to benefit the elite at the expense of members of the ever-shrinking U.S. middle class.

Congressional inertia represents the biggest hurdle for H-1B victims. Inaction translates to one lost American job per each of the 85,000 H-1B visas issued annually.

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Comments

Wonderful message at the right time… before the H1B quota opens…. and before the Omnibus bill(which ignored HR392)

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    Thanks AA!

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Thing is it’s not just Silicon Valley. I have to deal all the time with other real estate based companies who’ve brought in people from Pakistan and India, you can’t even understand what they’re saying. The construction industry is rife with mexican laborers on Visa’s.

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There are no ‘jobs Americans won’t do’, just wages American corporations don’t want to pay and benefits they don’t care to provide.

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Areas of disagreement:

If you want tech jobs to stay in the US, you should want the US to have a competitive advantage against other countries that are trying to grow their tech industries… If you force tech wages up in the US by restricting high skill immigration, (and give other countries high skill immigrants who would have prefered the US) the jobs are just going to move out of the US faster yet to countries that aren’t attacking their own tech sectors. The US isn’t the world’s biggest economy anymore: if we don’t absorb the best brains of the world, other countries will surpass the US tech sector. Maybe at first wages will briefly rise, but the pressure to outsource will just get stronger.

Tech H-1B holders have an average salary of over $86,000 per year. That’s a lot higher than normal US wages, and reflects that employers are having trouble finding the skill they need in the US: if US workers aren’t willing to work for pay that “low,” then they have other options which are clearly a lot better than unemployment… entry coding jobs wouldn’t routinely pay 100k+ per year if anyone could do them, especially given that 3 month coding boot camps exist. Not everyone in every country is smart enough for tech jobs, if you want the US tech sector to stay ahead and provide nice jobs in the US, you have to let in the brains that generate found about half of the US’s billion+ dollar start-ups.

Guest workers in tech aren’t getting “exploited” at 86k per year in a country with clean air and far more legal protections than where people are coming from.

Areas of agreement:

I think we may agree though that the visa system should not be a lottery, and that companies spamming for H-1Bs should not win out over companies that know exactly who they want to hire but can’t (I’m American and have had multiple friends who could not work in the US waiting on winning H-1B lotteries).

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    Gentzel, it would be nice if one thing you stated above were true. But, none of it is. I would strongly recommend reading the material that we have amassed on our site that tells a very different story than yours.

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As if hitting US Tech Workers with H1-B Visa abuse wasn’t enough, there is a rising trend of ageism against workers over 50 years old throughout the US Tech industry. NPR’s “On Point” interviewed some ProPublica reporters this morning that had recently published a report on IBM’s “Seniority Diversity” program targeting all employees over 55 years old regardless of performance with involuntary dismissal. Similarly to H1-B visa abuse these employees are being forced to train younger and cheaper workers to take their jobs.

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This was an outstanding ad campaign. It brought awareness to the cruelty of the H-1b program’s mission – pushing Americans out of the STEM profession.

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