At present an employer needs to show that they are hiring a foreign national because "no other qualified" American was available for that job. The documents must support the claim that a company would have hired an American worked but none was available and the foreign worked is more qualified to take the job. Agreed it does address the issue when for a lower skill requirement a better skilled foreign worker is hired. A lot of companies would want to hire a person with enhanced skill sets so that they can use the employee for other tasks as well. Such employments may now be affected.
A bigger problem that these senators need to address is - "Why aren't there so many US national's available in the Skill set?". It is not that big companies are interested in only hiring workers on H1-B. They would want to hire Americans but how many go for technical studies. The demand for H1B is not by McDonalds or Taco Bell, it is by Intel, Microsoft etc who cannot find enough "skilled" American workers. Agreed many Americans are good and they find the jobs as well. No one is stealing their jobs, just that those who complain cannot get "these" jobs anyway. Due to globalization, it also makes sense to hire an Indian or Chinese if they are handling operations in India or China, respectively.
There is a problem though, the so called consultants (both in India and US) whose sole aim is to hire H1Bs. They cannot exploit American workers and pray on H1B workers. Eradicate them, problem solved.
Re: Problem is not just H1-B
by Loan Shark on Apr 24, 2009 11:34 PM Permalink
another thing ... several good/skilled people do not prefer consulting jobs .... so, someone has to do consulting jobs ... here comes the poor H1B
Re: Problem is not just H1-B
by Guest on Apr 25, 2009 03:05 AM Permalink
when a company intends to hire a skilled worker in March, some how do not find any American worker, he has the choice to hire a H1B worker. Then he will file the petition to sponsor a candidate for H1B Visa, but that will be effective only in October, what shall the company do till that time (almost 6 months), wait till the candidate gets his visa stamped and then join the company here??
Thats where the IT consulting companies come in to picture, they can provide the resource as and when required by the company. The law should be applicable to the companies intend to hire consultants, not on the consulting firms. I agree there are many firms taking advantages of the system loop holes, ICE is already working on those firms. I dont know why many of you are ( who seems came here through the h1b program itself)shouting against the consulting firms, when you are the guys who make the choice to come through them to fulfill your american dream
