IEEE-USA's newest H-1B press release

Date: Friday, August 25, 2006 1:12 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1546 -- 08/25/2006 >>>>>

When I first read the IEEE press release (see below) my first thought was
that it wasn't worthy of attention. Unfortunately it's seems to be
propagating all over the internet which makes ignoring this piece of fluff
more difficult by the hour.

The first thing you should notice about the article is the obvious lack of
concern for the career devastation that H-1B is causing for American
workers (not a single mention!). Considering that the IEEE-USA is supposed
to be an advocate for US engineers and other high-tech workers, this
omission is very glaring.

More than likely the failure of IEEE to mention the role H-1B has in the
unemployment of U.S. engineers is the reason the article is such a hit in
the mainstream media. An optimist might say that the IEEE did this by
design but that would be giving them far too much credit.

It's a very popular notion that the problems with H-1B can be solved by
enforcing the laws. Very few people seem to grasp the concept that H-1B is
so riddled with loopholes there really isn't much to enforce. H-1B is a
free-for-all for employers and that won't change just because the DOL is
given another meaningless mandate.

The IEEE press release gets off to a bad start:

The Labor Department should have broader authority to investigate
employer abuses of a U.S. high-tech visa program, an engineering
group said.

IEEE seems to think that the way to solve the H-1B problem is to empower
the DOL to do more investigations. As Sen. McCain explains (see quote below
in next paragraph), the DOL has the authority to investigate, and they
often do when an H-1B complains about abuse. H-1Bs have won many decisions
in their favor when they have filed complaints -- a fact that is ignored by
the IEEE. Unfortunately the DOL turns a deaf ear on U.S. citizens when they
complain -- another fact ignored by the IEEE.

Ron Hira tries to blow away a myth, but this one is a real dud!

"It's time to blow away the myth that the H-1B program protects
foreign workers," IEEE-USA Vice President Ron Hira said.

Huh??? The big myth is that the H-1B program protects American workers, not
H-1Bs. We hear this from our politicians all the time, like for instance
John McCain:

http://www.zazona.com/shameh1b/Library/Politicians/McCain.htm

Moreover, the Department of Labor is empowered under the law to
investigate and penalize willful abuse of the H-lB visa program
and has done so repeatedly since the program began in 1990.

These safeguards protect American workers from wrongly losing their
jobs to H-1B visa holders.

Ron Hira's quote in the second article is equally disappointing:

"Because companies know their use of the H-1B program will never
be scrutinized, some exploit H-1B workers with little worry of
being caught," Hira said in a statement. "Congress should enact
an auditing system for the H-1B program to improve the program's
integrity and ensure foreign workers are not exploited."

Hira is correct that companies know there is scant chance they will be
scrutinized, but so what? Most big employers of H-1Bs are smart enough to
comply with the regulations because they don't need to violate them.
Improved auditing sounds good in theory but it won't accomplish much in the
real world. What we really need is to require the DOL to do more on the
behalf of American workers who have valid complaints, but nobody seems to
advocate for that!

All of this begs a question that nobody seems to want to ask: "If H-1Bs are
so exploited, then why are they clamoring to get visas to work in the
U.S.?" Obviously most of them don't feel like they are being exploited
enough to stay in their home country, and they are willing to accept their
indentured status as a price of admission into the U.S. labor market. It's
a serious delusion that H-1Bs can be helped despite themselves but that
doesn't seem to stop the IEEE and many other misguided do-gooders reformers
from trying.

Job destruction and salary depression for U.S. workers will continue
whether H-1Bs are abused or not - although we should all want the abuse to
stop for humanitarian reasons. As long as our economic system is based on
capitalism the law of "supply and demand" will triumph over all misguided
attempts at socializing wage scales. Labor arbitration will continue as
long as H-1B and other nonimmigrant guest workers are allowed to flood the
U.S. labor market.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.eetimes.com/news/semi/showArticle.jhtml?articleID=192203400

or

http://www.informationweek.com/story/showArticle.jhtml?articleID=192203494

IEEE-USA seeks crackdown on H-1B abuses

George Leopold

(08/23/2006 1:40 PM EDT)

WASHINGTON The Labor Department should have broader authority to
investigate employer abuses of a U.S. high-tech visa program, an
engineering group said.
IEEE-USA said Wednesday (Aug. 23) that several government reports have
documented employer abuses of the H-1B visa program. However, the Labor
Department lacks the enforcement authority to investigate claims of abuse.

"Many H-1B holders are treated like indentured servants," IEEE-USA Vice
President Ron Hira said in a statement. "Before Congress considers raising
the H-1B cap, it should give the Labor Department broader enforcement
authority to investigate claims of workplace and wage abuse."

According to a U.S. Government Accountability Office report cited by the
group, penalties for payment of back wages to H-1B visa holders increased
five-fold from 2000 to 2005 to $5.2 million for 604 workers.

Hira claimed the reports show that promised payments to H-1B holders are
often much higher than actual wages. "Congress should enact an auditing
system for the H-1B program to improve the program's integrity and ensure
foreign workers are not exploited," Hira said.

High-tech groups have been lobbying Congress to raise the H-1B visa cap.
This year's allotment of 65,000 visas was reached on May 26, according to
the U.S. Bureau of Citizenship and Immigration Services.

Stalled immigration legislation approved by the Senate in May would raise
the annual H-1B visa cap to 115,000 per fiscal year.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.reed-electronics.com/electronicnews/article/CA6365573.html

IEEE-USA Calls for Better H-1B Visa Program Policing
Staff Reporter -- 8/24/2006
Electronic News

The frequently-abused H-1B high-tech visa program is in need of better
governmental monitoring, according to engineering association IEEE-USA.

Citing governmental reports documenting employers' abuses of the program,
the IEEE said Wednesday that many H-1B workers have not been paid wages
they have been promised. Because of the Department of Labor's limited
authority to investigate such claims, the extent of these violations is
unknown.

"It's time to blow away the myth that the H-1B program protects foreign
workers," IEEE-USA VP Ron Hira said in a statement. "Many H-1B holders are
treated like indentured servants."

The H-1B visa program is a lightning rod for controversy and criticism
within the tech industry, particularly from the IEEE-USA. Currently,
Congress is considering upping the number of visas granted annually; the
government has already reached the limit on high-tech worker visas for
fiscal 2007, which does not begin until October 1.

The IEEE said that before Congress considers raising the H-1B cap, it
should give the Labor Department broader enforcement authority to
investigate claims of workplace and wage abuse.

"Because companies know their use of the H-1B program will never be
scrutinized, some exploit H-1B workers with little worry of being caught,"
Hira said in a statement. "Congress should enact an auditing system for the
H-1B program to improve the program's integrity and ensure foreign workers
are not exploited."

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.eurekalert.org/pub_releases/2006-08/i-grs082306.php

Public release date: 23-Aug-2006
[ Print Article | E-mail Article | Close Window ]

Contact: Chris McManes
c.mcmanes@ieee.org
202-530-8356
IEEE-USA

Government reports show significant H-1B wage violations
WASHINGTON (23 August 2006) -- Many H-1B workers have not been paid the
wages their employers claimed they would pay them, but because of the
Department of Labor's limited authority to investigate such claims, the
extent of these violations is unknown.

"It's time to blow away the myth that the H-1B program protects foreign
workers," IEEE-USA Vice President Ron Hira said. "Many H-1B holders are
treated like indentured servants. So before Congress considers raising the
H-1B cap, it should give the Labor Department broader enforcement authority
to investigate claims of workplace and wage abuse."

The Government Accountability Office (GAO) has documented numerous H-1B
violations. These include:

1) "From fiscal year 2000 through fiscal year 2005, [the Department of]
Labor reported an increase in the number of H-1B complaints and violations,
and a corresponding increase in the number of employer penalties. In fiscal
year 2000 Labor required employers to pay back wages totaling $1.2 million
to 226 H-1B workers; by fiscal year 2005, back wage penalties had increased
to $5.2 million for 604 workers." -- GAO report (June 2006). See
http://www.gao.gov/new.items/d06720.pdf (page 2).

2) "Labor is responsible for, among other things, ensuring that employers
do not violate H-1B wage agreements, and continues to find instances of
employers not paying H-1B workers the wages required by law; however, the
extent to which such violations occur is unknown and may be due in part to
Labor's limited investigative authority." -- GAO report (Sept. 2003). See
http://www.gao.gov/new.items/d03883.pdf (page 4).

3) "... over the last 4= years, 83 percent of the closed H-1B
investigations found violations -- compared to about 40 to 60 percent under
other labor laws, according to Labor officials, and the amount of back
wages owed to H-1B workers has been substantial -- over $2 million, or
about $3,800 per employee found to have back wages due." ... GAO report
(Sept. 2000). See http://www.doleta.gov/h-1b/pdf/gao_hehs-00-157.pdf (page
22).

Hira said these reports show what companies say they will pay an H-1B
holder and what they actually pay are often two different things. He drew
an analogy to the income tax system.

"How many people would pay taxes if they didn't fear being audited?" he
said. "Because companies know their use of the H-1B program will never be
scrutinized, some exploit H-1B workers with little worry of being caught.
Congress should enact an auditing system for the H-1B program to improve
the program's integrity and ensure foreign workers are not exploited."

###
IEEE-USA advances the public good and promotes the careers and public
policy interests of more than 220,000 engineers, scientists and allied
professionals who are U.S. members of the IEEE. IEEE-USA is part of the
IEEE, the world's largest technical professional society with 360,000
members in 150 countries. For more information, go to
http://www.ieeeusa.org.

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