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Stimulus Makes H1B Visas Harder to Get
Jason Mick / DailyTech
February 19, 2009
‘New package includes provisions that makes it more difficult for companies obtaining aid to hire workers on H1-B visas.’ -
The $787B USD economic stimulus package, which passed through Congress and was into law on Tuesday by President Obama, contains many provisions that affect the tech industry. While much of the funding it provides and funding that was cut from the initial legislation has been extensively discussed, one overlooked section of the bill is its ramifications on the hiring of foreign workers.
In the United States, many companies hire a handful of workers on H-1B visas, which allow foreign workers to work legally and (relatively) free of hassle within the U.S. While the number of H1-B workers at most companies is pretty low, in some departments, such as IT departments, the number can be substantial. The few companies that do hire a large percentage of H1-B workers, such as Microsoft, are deemed “H1-B Dependent” and have special restrictions placed on them by the federal government.
Now these same restrictions are being placed on companies accepting funds from the stimulus or other bailout packages. The companies receiving funds will be classed as “H1-B Dependent” regardless of the number of foreign workers they employ. Elizabeth Espin Stern, an attorney and leader of the global immigration practice of law firm Baker & McKenzie International, helped to elaborate on these new restrictions. She notes that companies will now have to show “in good faith” that they look for Americans for a position, before hiring an H1-B worker to it.
Additionally, employers must offer at least the minimum of “prevailing wages” for the position and verify that they haven’t displaced an American worker within 90 days of the hiring. They also have to offer the job to at least one American candidate if they applied and are equally or better qualified to the H1-B job-seeker.
The government conducts regular audits for compliance. Those companies found in violation face stiff fines and loss of their H1-B workers.

padiyar83
2 months ago
2 comments
I am a H1b worker in US, firstly let me make these two things clear
1. H1B workers does not get paid less than american workers, thats a common misconception, they are paid equally well.
2. H1B workers are in most cases better qualified/training to do the job than a american worker who applies for the same job ( I am not saying there is a dearth of qualification amongst american workers, but all of them who are qualified have a job and is doing well, and I mean "qualified" )
I am a H1B worker, and I am speaking for other H1b's here, we (sorry for the blanket statement guys) all have advanced (masters) degrees from some or the other of the top US universities and are certified in our domains,for the same salary paid, we are better equipped to do the job than most Americans without the degrees ( Its not rocket science, you are just better trained to do the job by the virtue of your advanced degree). Lastly with all this h1b protectionist mess, and I can only speak for myself here, I would not stick around for long for no one likes to be at the receiving side of anti competitive and discrimination oriented policies. And as a matter of fact, companies can even think of outsourcing their jobs in near future,for the kind of restrictions placed on them which prevents them from staying competitive especially when catering to a global marketplace. Given that, folks let me make this very clear "H1B visas are a way of keeping jobs that you have within US and preventing them from being outsourced, and helping them to stay competetive"
vjagiello
6 months ago
6 comments
The H1B's who come into this country are Far from the best and brightest. Paying them 33 cents on the dollar and having them sit down next to me on-the-job for free training undermines the $100k and four years I sacrificed to become highly skilled. Foreign workers do not care if the quality of their work is inadequate in most cases and they can leave the job, leave the country and come in back in using a different part of their name. All but the most skilled H1Bs will lie about their skills and experience as they know it is hard to check up on and they can always get a friend to vouch for what ever they want to say. I have expererienced lots of cases of H1Bs botching a major project without being detected as they are working in a "team environment" and they tend to move around silently. American parents who are in technology are telling their children to reconsider when going into high technology. This country is undermined, not just those of us who cannot find dignified jobs.
pingsid
7 months ago
6 comments
Foreign nationals on an H1B are not eligible for unemployment benefits and so all the social security and income taxes paid by them go on to help the American Citizen. Just another benefit of having legal foreign workers.
BankGuy
8 months ago
2 comments
This is an outrage. I need more H1B's not less. Currently, the salary rate of $35k a year is far too much. The market needs an injection of 'The best and brightest' to bring costs down. A salary of around $10k annually is about right; as the H1B is gaining valuable work experience and I get cheap labor. Support H1B for prosperity.
dimitri_one_and_only
8 months ago
2 comments
I BELEIVE THAT THE ONLY WAY THERE IS GOING TO BE SOME CHANGE IS TO DRASTICALLY REDUCE OUTSOURCING, THAT WOULD CREATE JOBS, BUT THERE IS AN ISSUE TO IT TOO, AS A RESULT OF THE REDUCTION IN OUTSORCING THE SERVICES ARE GOING TO COST MORE (FOR THE COMMON PEOPLE), AND THE PRICES WHOULD GO HIGHER, THEN ATLEAST PEOPLE WOULD STILL BE ABLE TO BUY STUFF EVEN AT HIGHER PRICES, IF THEY HAVE JOBS
THIS IS NOT THE CASE OF TECHNOLOGY, EVEN THE MANUFACTURING SECTOR, WHAT WAS THE LAST THING YOU SEEN THAT WAS MADE IN AMERICA????, MAY BE THE DOLLAR BILL I SUPPOSE, EVERYTHING ELSE IS MADE OUT OF THE COUNTRY, JUST IMAGINE IF ALL THE MANUFACTURING OF THE COMMODITIES WE USE ARE MADE IN AMERICA, IMAGINE HOW MANY JOBS THERE WOULD BE OUT THERE, BUT THE CORPORATES WOULD NEVER ALLOW IT, AS THEY WOULD HAVE TO TAKE A HIT ON THEIR PROFIT AND THE REPUBLICANS ARE READY TO SUPPORT THE WHOLE SYSTEM. WE ACTUALLY BROUGHT THIS ONTO OURSELVES, WE SHOULD HAVE TAKEN CARE OF IT WHILE IT WAS A SMALL ISSUE, IF SO IT WOULD HAVE BEEN EASY AND WOULDNT CAUSE MUCH FUSS, BUT NOW ITS CANCER.
IF THERE ARE NO REGULATIONS IN PLACE FOR KNOWLEDGE AND BUSINESS PROCESS OUTSORUCING, THE CORPORATES WOULD CONTINUE TO OUTSOURCE THEM AND SINCE INDIA HAS ALOT OF SKILLED WORKERS THEY WOULD GET THE PROJECTS
THERE IS NO USE WITH WHAT HIGHGUARD MOTHER FUCKER IS DOING, CUSSING INDIANS AND THE REST OF THE FOREIGNERS, ALL HE DOES IS STAY UNEMPLOYED, SCRATCH HIS BALLS AND TAKE A SHARE OF US TAX PAYERS MONEY AS UNEMPLOYMENT BENEFITS
warbman
9 months ago
46 comments
Time Warner is finding that they are now in an unconvention war. Here are my thoughts:
Time Warner Executives are subverting visa laws by allowing foreign operatives to displace American workers using WebX. WebX allows foreign operatives work from another nation and replace most any job in their organization without conforming to Visa laws. Thus Executives and the CEO is able to enrich themselves while putting another American Family on the street. They are quite calculated in their search for profits and know no mercy or social responsibility.
I support the hacker attack on the Time Warner Executives because of their unscrupulous and unconventional war tactics that they wage on American employees.
I hope the attacks intensify because it is the only way to help American families feed their children. We need the jobs here on American soil. When the TW Executives stop waging unconventional warfare on their employees I suspect the attacks will diminish, and be waged against another organization where American Executives are waging war upon their employees.
If TW CEO’s and Executives continue to wage unconventional warfare against their employees then I will cancel my service.
SLK0007
9 months ago
2 comments
There should be a big consideration to 20,000 Advance Degree Cap Exumpted people, Who take the similar efforts like an american to find their job, Search jobs to match their skills and knowledge they gained, same interview process,get training from the company upon hire , understand the system people, bring up good relations with suppliers ,customers etc. This process takes time. It will be almost like an entry level or 0-5 Yrs Exp.
If these things are expected from the companies who have outsourced work tellink we need skilled labor,but eventually its for cheapter labor and they get skilled, its very difficult to get over Past they have done the same thing as written above, and start sneeking into USA through many servicing companies either through L-1B or H-1B general. Take a look at this list.
http://www.computerworld.com/action/article.do?command=viewArticleB...
This is just a H-1B list, What about L-1B and other business visas count from them.Ultimately these companies will do what ever they can to sustain their good old employees to be in the share market. Its all about company politics. I even sew some spy workers go out of the company to shop for contracts and get them contract.
This has affected the system of hiring people in USA and providing opportunity to cope up with the job description.
I would rather more considerate for those come to study in USA, Get focussed and channelize their career.They dont know any company politics. Rather they are busy in paying the tuition loans back or kept busy in jobsearch and interviews.
I think you guys dont know about the problem they face. These people are from every parts of the world, not just one or two countries.
Bootlegger
9 months ago
166 comments
So the government is going to require any company accepting "bailout" funds to make a legitimate effort to find American workers to fill positions here in the states before they can apply to bring in a foreigner on a H-1B to fill the position? No problem here.
They are also going to require the companies bringing in H-1B workers to pay the workers the same wage as they would have had to pay an American to fill the position? Still no problem.
If I am understanding this correctly it should make American workers more attractive as potential hires. After all why go to the expense of finding talent overseas and paying the government to allow them to come in and work if you can find someone equally qualified to do the work here in the States for the same wage and less red tape.
Insider
9 months ago
26 comments
dimitri, Look at all the hate heaped on H1B guys in this forum. The anger is directed, not at crooks and thieves, but at hapless individuals who are trying to earn an honest living. If we had even a shred of conscience, we would hang our heads in shame.
We in the US, constitute less than 5% of the global population, but consume 25% of the world's resources. Many on this forum, no doubt, think its our God-given right. Not just that, 'the third world nations' should be deprived even more.
There cannot be a debate here, because the different parties do not have a common frame of values. One cannot argue with people who do not have a conscience. Its a bit like trying to reason with Attila the Hun. At the end of the day, Attila has a sword - and you don't.
The opinions on the forum has cleared the air. We can see ourselves for what we are. We can now drop the pretense of being a 'World Leader'. That term of respect and admiration belongs to some one else.
highguard
9 months ago
18 comments
I can drop to your level but I am lot better than you and your 3rd world kind. By the way carry on Dimtri like a mad raving dog(wonder where the phrase "Indian and dogs not allowed" came into being). Nice name though. I guess you indians are still loyal to your fellow ruskies.
I will always say Indians are to blame and should be the first one to be sent back packing to their slums. Bite me hehe.
And yep i have just posted the link to this thread with an email to Immigration. Get ready to say hi to them. I heard they like to meet you all in the wee hours of the morning hehe.
Anyways nice talking to raving lunatic indian dawg like you. Now I have much better things to do like sleep and get ready for work tommorow. But continue on with the entertainment value though cut down on all the spices, curry and grease laden food will ya. Not only you all smell like a bunch of pigs cohabit with you but it gets to your head too. LOL
highguard
9 months ago
18 comments
LOL............Dimtri..you most likely are an indian. Cussing, typing in bold, spelling mistakes just like a foaming mad rabies infected dog.
For your information I got rehired by my company within 6 months because the outsourcing didnt work. People got tired of your kind heavy accent and relatively poor service. So go and take your tirade where anyone cares.
And stop foaming like a mad dog on this board or i will report you to immigration and get you and your two bit whore of a inbred family deported.
Lets all drink to these H1-B restrictions. Hopefully the day is not far away when they will be no more H-1B so hard working americans keep their jobs rather be given to these cheap 3rd wold slum-dogs.
highguard
9 months ago
18 comments
Dimitri or whatever your name is....I have more skills, intellect than you, your pimp dad and two bit whore of a mom combined. Its you people who will work if a scrap is thrown at you that are causing american citizens to loose jobs. Why pay us more when they have a slumdog work for pennies.
Time for you all non-americans, indians, chinese and others to get the fuck out of our country.
warbman
9 months ago
46 comments
Categories of Offensive VB’s Designed to Preserve an American Job:
1) PO Document Corruptor; The Purchasing Agent’s Defender. Scenario: the purchasing agent or friend of the employee (i.e. an internal IT expert who is a friend) has determined that their American Executive is using an overseas Purchasing Agent via the Internet without a visa to perform their job functions. The American Executive has been identified as waging war on an innocent American and their family. The American Government, the usual referee, is absent in their duties and has been bribed through campaign contributions. The American goes into guerilla warfare mode because they realize there is no other option. This is survival and children will go hungry because of the enemies war tactics waged against the employee.
a.Offensive Attack: The employee obtains the PO Document Corrupter offensive weapon. It is loaded to a flash drive. The virus/worm is transferred into the organization and the user name of the foreign operative is the target of the worm. The worm scans the database and identifies all records of the enemy operative. The quantities of the open PO’s are randomly altered. The virus/worm goes into hiding. At a random interval the worm continues the offensive tactics. The worm cannot be detected because it has been generated by a virus builder and that pattern cannot be detected by anti-virus software.
b.Result: The executive that was using unconventional war tactics on the employee views the foreign operative as being incompetent and a QC job is created to monitor the work of the operative and/or another foreign operative is hired. Costs escalate as the offensive weapon does its work. Eventually the executive that has waged an unconventional war upon the employee realizes that it is too costly to wage the war. They make a business decision that for security reasons they must have only American workers. The foreign operatives are eliminated, and the executive is put in check.
2)Accounting Receivables Offensive virus. Designed to corrupt the work of a target foreign operative.
3)Accounts Payables Offensive Virus.
4)Technical Support Offensive Virus – Corrupts the knowledge database used by the foreign operative who is working on systems residing on American soil without a visa. Note: if the source data is replicated from a system on American soil then replicated to a database on foreign soil it is a fair target.
And the list goes on. The technology exists now to perform these attacks. All that is necessary is to create the specifications for the virus builders, write the software, distribute the offensive weapons to the public, and for the victims carry out the offensive. With the proliferation of well known ERP, CRM, and other enterprise systems the Executives have become wide open to these forms of offensive maneuvers. For example, QuickBooks is a widely distributed accounting system. We easily develop worms that will detect the presence of foreign operatives. All that is necessary is the perform a loop-up on the incoming IP addresses. Then the foreign operatives can be intelligently target for sabotage.
Account Removed
9 months ago
Also watch & listen to it, it will let you know what is wrong and why China is doing good vs the US, the one responsible for a bad US stock market are also responsible for a strong market in China : http://www.youtube.com/watch?v=wZWJ-qxel3A
warbman
9 months ago
46 comments
The debate is really over. H1-B visas will be severely restricted. Why? Well that is because foreign nationals and corrupt American Executives have been abusing the goodwill of the American public. Worse, China is documented to be waging economic war against the American public using unconventional war tactics. Other factors include the intentional and malicious peddling of junk by American Executives to the world. The result is an economic crisis that has a tab of over $40 trillion.
It is clear that these same CEO’s that have peddled the junk have committed a form of treason by forming alliances with known enemies. They do it out of unchecked greed that disregards the welfare of all human beings.
In a civilized world, there is a framework that prevents such abuses. The objective is to play fair and to penalize those that would destroy their competition using unconventional war tactics. American’s find themselves in a scenario where there is no “referee” to guarantee a fair competition. When there is no referee the result is a street fight where anything goes. In this case the CEO’s and Executives have literally wages war on their own. Worse, they have formed alliances with proven enemies to further their tactics.
American’s are not stupid. They know that there is no point paying upwards of $100,000 for an advanced education when the CEO’s will use war tactics against them. That is because there is no return on the investment. What good is a BS in Computer Science when you are fighting in an arena where the fight is fixed? We have seen the fight being fixed for decades now. Literally hundreds of Americans have tried to compete only to find that unscrupulous CEO’s have fixed the fight. There is no real chance of long term success. At best there may be a short term win in a few bouts. But then the CEO’s step-in to literally poison the water during a break. For example, try getting a work visa for Taiwan or China like I have. You cannot get one. You cannot follow your job when they export the position. That shear fact alone guarantees a fixed fight.
After three decades of fixed fights we find that the standard of living for all Americans (except CEO’s) has dramatically fallen. Now we look around and find the living wage jobs are all but gone. The only way to have a chance is to become a CEO and find victims in America and abroad to harm for financial gain. Everybody knows of a neighbor that has suffered this hardship imposed upon them by CEO’s that are at war with the public. Nobody can credibly dispute that fact.
So, now we have a street fight. The CEO’s continue to abuse the public by manipulating the government to give them trillions is free money that comes from the public. What is left? That can be described in one word. Survival. When the public is in the survival mode it is the result of having lost the mechanisms and framework that create a civilized nation-state. America is now slipping into that state of chaos.
What is left is for the public to go to war against the enemy. We are left with no choice but to wage war against those that have put us in that position. It is clear who is responsible. There is no guessing game here. That means rules we are left with unconventional tactics. What are the most successful tactics that win in this scenario? The tactics that work are covert guerilla warfare (i.e. using virus/worm builders as offensive weapons), civil disobedience, and targeted attacks against those that have bribed the referee to fix the fight.
For example, you are and employee that has a CEO/Executive that is permitting foreign workers to perform accounting functions. That is done without conforming to the normal visa requirements. It is clear that the CEO/Executive is waging war on the American public. You obtain a virus builder and generate a virus. The virus is specifically designed to be transferred via a flash drive. The virus can be as simple or complex as per the user specification. When the flash drive is put into the USB port it is automatically transferred the targets machine. The virus performs the work and self-destructs. In the case of the executive illegally using a foreign worker without a visa the work of the foreign accountant is sabotaged. The result is that the accountant that is targeted for elimination has carried out a self-defensive war tactic and preserved their job so they can feed their family.