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Businesses Intel Microsoft United States News

Microsoft & Intel Get a Pass On Higher H-1B Fees 209

theodp writes "Criticizing companies that outsource high-paying American jobs, Senator Charles Schumer described Indian IT company Infosys as a 'chop shop'. (Nine Indian companies accounted for 20,000 H-1B visas as of 2007. In 2008, Infosys held 4,500 of the visas; the number was down by a factor of 10 in 2009.) The comments came as the Senate scrambled to fund the $600M Mexican Border Security Bill by hiking application fees for H-1B and L-1 visas. The Senate measure increases H-1B visa fees by $2,000 per application on firms that have 50% or more of their employees on this visa. Schumer pointed out that the bill would not affect high-tech companies such as Intel or Microsoft 'that play by the rules and recruit workers in America,' although they are among the biggest beneficiaries of the H-1B program."
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Microsoft & Intel Get a Pass On Higher H-1B Fees

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  • by PinkyGigglebrain ( 730753 ) on Monday August 09, 2010 @02:17AM (#33186150)
    I can already see smaller companies going to court to claim that they are being unfairly burdened by the higher cost.

    Right or wrong this is going to cause some fur to fly.
  • by bloodhawk ( 813939 ) on Monday August 09, 2010 @02:18AM (#33186154)
    Why are MS and Intel even mentioned here? they aren't getting a pass, this isn't even related to them as neither have more than 50% of employees on Visa?
  • by mysidia ( 191772 ) on Monday August 09, 2010 @02:18AM (#33186156)

    Yeah... 50% total is also easy for big companies to avoid, by making sure to have plenty of employees performing non-skilled labor that count. They could actually aim to hire minimum-wage non-technical employees in advance in order to reduce the proportion of H1B workers. It could still be more cost-effective than hiring skilled labor from local applicants.

    They ought to require firms applying for H1Bs to report number of workers in various categories or types of work, and if you have 50% or more of your employees performing any particular type of work on H-1HB visa , then the higher app fees apply for workers in that category...

    So e.g. if >50% or your secretaries or H1B, or >50% of your support personnel are H1B, if >50% of your accountants/managers are H1B, or if >50% of your engineers are H1B....

  • by gmhowell ( 26755 ) <gmhowell@gmail.com> on Monday August 09, 2010 @02:22AM (#33186170) Homepage Journal

    If 50%+ of your employees are H1-B's, I would suggest that your business model is not viable in the United States.

  • by cgenman ( 325138 ) on Monday August 09, 2010 @02:40AM (#33186248) Homepage

    Shouldn't we be taxing H1-B applications to increase funding for local schools? After all, a big reason why workers come over on the program is because we genuinely lack enough skilled labor to meet our needs at reasonable price levels. Having come through the California school system myself, I'm a bit shocked that computers can add.

    Taxing companies that bring over immigrant workers to pay for border patrol paranoia seems foolish. Tax them to help increase local talent levels. Or require the people to become permanent citizens, thereby permanently increasing the local talent levels.

  • by Hognoxious ( 631665 ) on Monday August 09, 2010 @03:21AM (#33186376) Homepage Journal

    Care to explain? If a company is doing it there and not going out of business it would appear to me that it's very viable indeed.

  • by copponex ( 13876 ) on Monday August 09, 2010 @03:23AM (#33186384) Homepage

    Microsoft has 90,000 employees. Intel has 83,000 at least. Considering that there are around 100,000 H1B recipients, you could place nearly all of them at just these two companies and they wouldn't have to pay a dime for any applications, since it would be less than 50% of their employment.

    Trickle down tax policies favor monopolies, and anything that taxes a company based on allowed percentage is going to favor huge corporations. But that's entirely the point. Start a ten man company with six H1B recipients, and you're looking at 12,000 in taxes. Microsoft can hire 44,000 H1B recipients and not pay a dime for the application fee.

    Every company that hires people from outside the United States should be given zero incentives to do so. Otherwise they have no incentive to train an American for the same job, or to support public education measures so America can produce better workers.

  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Monday August 09, 2010 @03:30AM (#33186392)
    Comment removed based on user account deletion
  • by anagama ( 611277 ) <obamaisaneocon@nothingchanged.org> on Monday August 09, 2010 @04:41AM (#33186624) Homepage
    While the starting salary may be $65k under our present system, it can't be said that in the absence of the H1-B program, the starting salary would still be only $65k. It used to be that when labor was short wages would rise, and that when labor was abundant, wages would fall. Since the whole globalization craze, that sea-saw balance of power between between labor and industry is gone, because with a whole world out there capable of living on dollars/day (something completely impossible in America), there is never a chance for labor to be short and for workers to get their payoff for suffering through the times when labor is abundant. In essence, we've created a system that always has a labor surplus leading to lower wages (or no wages) for everyone -- from the low skilled workers in the textile industry, to highly educated people in technical fields.
  • Re:why? (Score:4, Insightful)

    by tempest69 ( 572798 ) on Monday August 09, 2010 @05:05AM (#33186702) Journal
    The problem I see with the H1-B is kinda backwards.. The companies are able to really abuse these workers. Now even If I don't care an ounce about these people - it's still bad news for me. When it comes time for death march coding it destroys the leverage of the local workers to make appropriate demands for compensation. When it comes time for raises it becomes harder to compete with the people who are here at lower pay grades.
    The problem I see is the H1-B's are locked in to their jobs, and nearly indentured servants. My problem is that the Hungarian will work for 30k and they expect an American with that level of skill to work for a mere 45k. Though with some relaxing on the H1-B the Hungarian could go on to find 6 figure work. Working at a project appropriate to his skill level.
    My take is that we should keep the high end labor.. it makes the US richer, it makes the immigrants richer, and it means we have more top end people working the hard problems.

    Storm

  • by Hognoxious ( 631665 ) on Monday August 09, 2010 @05:38AM (#33186818) Homepage Journal

    You get subsidies for hiring H1-Bs?

    Where do I sign up - I'll take a dozen!

  • by NormalVisual ( 565491 ) on Monday August 09, 2010 @06:42AM (#33186990)
    A large number of the H-1B professionals who work for MS and Intel and other tech companies, have come in the same way, by competing against other qualified candidates, including Americans, for the same salary, and proving themselves to be the best candidate.

    The mere fact that they're competing against qualified American programmers is indicative of a problem. The H-1B program is predicated on the fiction that there aren't enough qualified Americans to fill the open positions to begin with.
  • H1 (Score:2, Insightful)

    by mike-seo ( 1874258 ) on Monday August 09, 2010 @06:43AM (#33187002) Homepage
    We cannot altogether make the H-1 visa so difficult that we stop getting the adequate staff. At the same time there needs to be some preference be given to local Talent.
  • by AnonymousClown ( 1788472 ) on Monday August 09, 2010 @07:11AM (#33187060)
    Intel?!? The same Intel that shipped most of their R&D jobs overseas because "they couldn't get enough qualified Americans" - that Intel?

    Uh huh. Riiiiiiiiiiiiiight.

  • by richman555 ( 675100 ) on Monday August 09, 2010 @07:27AM (#33187088)
    This is a tragic industry trend. I work at a company where about 75% of all developers are HB1 visa holders. These companies are looking for 'instant' workforces that they can bring along and dismantle when a project ends. They also like to work these people like crazy, as they will only be around for a few years. They can work hard for a few years and go back to their country with more money maybe to buy a house or get married. As for HB1 visa holders being cheaper, perhaps a little bit when it comes to health care, etc. I think employers like that they can demand even more out of these folks.
  • by ultranova ( 717540 ) on Monday August 09, 2010 @07:40AM (#33187128)

    After all, a big reason why workers come over on the program is because we genuinely lack enough skilled labor to meet our needs at reasonable price levels.

    No, you don't. You, like all non-third-world economies, lack skilled labour willing to work at subsistence wage. This is the corporate definition of "reasonable price level", and is what offshoring and immigration labour is meant to fix. After all, the top 1% holds only a third of all wealth, so there's plenty of room for improvement.

  • by Mikkeles ( 698461 ) on Monday August 09, 2010 @07:46AM (#33187148)

    They can; but just because a company hired someone does not entitle that person to be allowed to live in (or even visit) the US.

  • by trickyD1ck ( 1313117 ) on Monday August 09, 2010 @08:05AM (#33187220)
    As much as you (and I) want to get paid more by excluding competition, other people want to buy products of your labor for less by respectively encouraging competition. In a world of competition and (relatively) free trade, to demand oneself a unique position that is protected from competition is dishonest, i think. Lest of course you also don't buy any of the cheap products that became available due to international cooperation and competition. This probably includes virtually all consumer products.
  • by Anonymous Coward on Monday August 09, 2010 @08:50AM (#33187464)
    No one is arguing that Intel, Microsoft, et. al. cannot start up divisions in foreign countries using the local labor pools and import the goods. The argument is that they are importing foreign nationals for the sake of undercutting local salaries under the false premise that skilled labor cannot be found in sufficient quantities locally.
  • by rickb928 ( 945187 ) on Monday August 09, 2010 @09:05AM (#33187550) Homepage Journal

    I know your former company, and they have changed their temp labor policy recently. In fact, the mix of foreign workers has been changing from largely Indian nationals to Asian nationals. But the offices worldwide still exist, and show no signs of being dininished.

    Offshoring is still in progress. But I'm being converted as we speak.

    It's a tangled mess, but I'm still disappointed. We just got a new temp in who is in the U.S. on an H1B. Seriously, they are doing the very same job that dozens of U.S. citizens did in 2008m the VERY SAME JOB. And many of those U.S. citzens that were laid off in 2008 are still looking for that work.

    It's abusive, and has been for a long time. H1Bs need to be reduced dramatically. There are, repeat ARE, citizens that can do the work.

  • by Bill_the_Engineer ( 772575 ) on Monday August 09, 2010 @09:08AM (#33187568)

    If indeed, Microsoft and Intel are following the rules, they must pay AT LEAST the average wage in the local area, so they're not going to save all that much.

    You left out the part where Microsoft and Intel are keeping the local average wage low by using H-1Bs.

    Also, what determines the local average wage and how often are the companies audited for compliance? I think you'll be disappointed by the answer.

    However, one could argue that the companies can get top rung foreigners for average US worker prices, thus are really underpaying the foreigners.

    Why ignore the top rung US workers or were you implying that US workers can't be top rung?

  • by bsdaemonaut ( 1482047 ) on Monday August 09, 2010 @09:29AM (#33187774)

    There are very few degrees beyond computer science and engineering, unless your simply lucky, which can expect such high wages. The honeymoon is over, we have more competent people in this sector every year, it's natural for us to want wages to go up, but as our skills become more common place we have less to fall back on. It's funny really, it sounds like in your instance you went on to get another degree, but there is no shortage of people on here actually complaining about struggling to find 65k with a bachelor degree and no experience -- a number which, at least where I'm from, people graduating with degrees in veterinary medicine and law are also aiming for. Perhaps its time we, as a group, get over ourselves.

  • by dooode ( 1134443 ) on Monday August 09, 2010 @09:54AM (#33188002)

    Yes, this is crazy. There are more than "11 million" illegal* Hispanic immigrants to US. The logic is, that by raising the fees for H1B, more money can be raised to control the immigration at the borders. There is nothing wrong with that, as every country has the right to determine the cost of its visa applications. But then is it logical?

    The "total" number of H1B's has been 65,000. Out of this, only 20,000 applications got filled last year. And most of these applications are by people who are educated, English-speaking graduates. It does need some qualifications to get into companies like Intel, Microsoft or Infosys, be it any part of the world.

    I am wondering what is more harmful to US? Is it those 60,000 underpaid IT-coolies who almost always have a bachelors or masters degree in their hand, or the millions of almost illiterate immigrants who cannot speak English, and out of which "many of them" rely on not-so-legal means of livelihood in US.

    I visited a friend in Westchester, NewYork and found it funny that many people there could/would not speak English. It was even more idiotic that many of them had 5 kids, as US government provides child-support for each of them. This poor friend of mine is a Chinese national with a PhD degree who works as a researcher on an H1B, but it was ironic that his wife cannot legally work here even though she has a bachelors from a top university in China.

    *http://en.wikipedia.org/wiki/Illegal_immigration_to_the_United_States
    *http://en.wikipedia.org/wiki/H-1B_visa

  • by TheGratefulNet ( 143330 ) on Monday August 09, 2010 @11:05AM (#33189118)

    There are, repeat ARE, citizens that can do the work.

    US citizen, here. been laid off for many months. have been horrified by the lowball offers that come in, trying to take advantage of the perception of the 'poor economy'.

    american-born workers are looking for jobs and yet we continue to import and outsource jobs.

    if only those in power would feel what its like. that's all I ask. have them walk in our shoes for a while.

    not only is there ageism happening in high tech, but its reverse discrimination when local born guys can't even find jobs since its 'cheaper' to hire imports (and then throw them away, which always does happen, btw). its just a mess all around. this isn't leading to any kind of stability, its just a run for short-term profits. it will harm everyone in the long-run, though (short-term thinking often does).

    I repeat, this exists because those who control the laws feel none of our pain. they simply don't "get it" or still believe in this misguided concept of 'trickle down' (give the rich company owners lots of power and eventually those 'below' will benefit. that never happens, either, btw.)

  • by OnePumpChump ( 1560417 ) on Monday August 09, 2010 @12:24PM (#33190398)
    H1-Bs are a unique position protected from competition. If you aren't allowed to freely leave your employer without serious consequences (other than the unavoidable possibility of not finding another job quickly), no one else but the employer who sponsor is allowed to compete for your labor.

    I'm sorry, but while that argument might work generally, this is a special case where it does not.

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