
The Controversy Over H-1B Visas
3/23/2017 | 25m 26sVideo has Closed Captions
To The Contrary explores how H-1B visas impact the life of an American worker.
Increasing the pool of US skilled labor or Off-shoring American Jobs? To The Contrary spoke with Americans whose jobs have been replaced by immigrant workers through the H-1B Visa program, and advocates who provided positions for immigrant workers coming to the U.S.
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Funding for TO THE CONTRARY is provided by the E. Rhodes and Leona B. Carpenter Foundation, the Park Foundation and the Charles A. Frueauff Foundation.

The Controversy Over H-1B Visas
3/23/2017 | 25m 26sVideo has Closed Captions
Increasing the pool of US skilled labor or Off-shoring American Jobs? To The Contrary spoke with Americans whose jobs have been replaced by immigrant workers through the H-1B Visa program, and advocates who provided positions for immigrant workers coming to the U.S.
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Learn Moreabout PBS online sponsorshipTO HELP AMERICAN COMPANIES IT ALLOWED THEM TO HIRE FOREIGNERS WITH SPECIAL LIGHTED SKILLS WHEN THEY COULD NOT FIND AMERICA WORKERS FOR THE JOB.
AT LEAST THAT WAS THE ORIGINAL THINKING.
BUT THE PROGRAM HAS BEEN ABUSED.
EACH YEAR, THE U.S.
CITIZENSHIP AND IMMIGRATION SERVICES OFFERS 65,000 H1B VISAS AND 20,000 STUDENT VISAS THROUGH A LOTTERY SYSTEM.
THE VISAS ALLOW WORKERS TO STAY IN THE U.S. FOR THREE YEARS BUT CAN BE RENEWED.
THE U.S.
CITIZENSHIP AND IMMIGRATION SERVICES RECEIVES NEARLY TWICE AS MANY APPLICATIONS AS THE CAP PROVIDES AND THE VISAS ARE USUALLY TAKEN WITHIN A FEW DAYS.
SINCE THE H1B PROGRAM STARTED CRITICS SAY JOBS AT IBM, KIZ ANY, TOYS-R-US AND PFIZER OR WERE OUTSOURCED TO LARGE GLOBAL CONSULTING FIRMS MOSTLY FROM INDIA AND CHINA AND THE FIRMS APPLY FOR MOST OF THE VISAS BRINGING IN CHEAP LOWER SKILLED LABOR TAKING AWAY AMERICAN JOBS ON OFFSHORING THE WORK.
RON HIRA IS A PROFESSOR OF PUBLIC POLICY AT HOWARD UNIVERSITY AND AUTHOR OF OUTSOURCING AMERICA WHICH EXAMINES THE ECONOMIC AND POLICY IMPLICATIONS OF OFFSHORING HIGHLY SKILLED JOBS.
>> 85,000, MORE THAN HALF OF THE VISAS GO TO THE FIRMS THAT ARE BRINGING IN WORKERS BECAUSE THEY ARE CHEAPER AND TIED TO THE EMPLOYER.
AND WHAT THEY DO, THEY WILL GO TO A COMPANY AND SAY LOOK YOU HAVE 300 PEOPLE OR 500 PEOPLE WORKING IN IT.
WE CAN DO THOSE JOBS CHEAPER WE CAN BRING IN CHEAPER WORKERS AND IF YOU OUTSOURCE THE JOB YOUR IT DEPARTMENT TO US WILL DO IT CHEAPER AND SAVE YOU MONEY AND WE'LL MAKE A LOT OF PROFIT OFF OF IT.
>> SARA BLACKWELL REPRESENTS WORKERS REPLACED BY H1B FOREIGN WORKERS.
SHE SAYS THERE IS A CLEAR-CUT BUSINESS MODEL FOR COMPANIES THAT USE THE H1B VISAS.
>> USUALLY THERE IS A NEW CIO THAT WANTS TO COME IN AND TALKS GREAT TALK ABOUT CHANGES IN THE COMPANY AND THEN THE AMERICAN COMPANY CONTRACTS WITH AN INDIAN-BASED COMPANY.
SO THE AMERICANS ARE TOLD THAT THEY ARE BEING TERMINATED IN 90 DAYS WHAT HAS TO DO WITH THE VISA AND TERMINATED IN 90 DAYS BUT DURING THE 90 DAYS THEY WILL TRAIN FOREIGNERS TO DO THEIR JOB.
THE NEXT DAY ALL OF THE FOREIGNERS ARE BROUGHT IN AND THE AMERICANS ARE TOLD YOU GET A SEVERANCE IF YOU STAY FOR THE 90 DAYS AND SUCCESSFULLY TRAIN THE FOREIGNERS.
AND IF YOU DON'T, THEN YOU ARE FIRED AND YOU DON'T GET YOURSELF RENS.
ONCE THE AMERICAN TRAINS THE FOREIGNERS WHICH TAKEOVER THEIR WORK AND IT'S BEING RECORDED ON THE COMPUTER AND PEOPLE IN INDIA AND MEXICO AND PHILIPPINES, SO THEY ARE TRAINING PEOPLE OVERSEAS AND TRAINING PEOPLE IN THEIR CHAIR.
AFTER THE 90 DAYS ALL OF THE AMERICANS ARE FIRED.
WHAT HAPPENS NEXT, IS THE FOREIGNERS CONTINUE TO TRAIN THE PEOPLE OVERSEAS UNTIL THE JOBS CAN BE ELAME NATURED OUT OF THE U.S.
THE END GAME IS ELIMINATE THE JOBS AND SEND THE WORK OVERSEAS.
>> THAT IS WHAT LEO WHO WORKED AT DISNEY SAYS HAPPENED TO HIM.
>> I GET THIS MEETING INVITATION AND I WHEN I WALKED INTO THIS ROOM AND MEETING THERE WAS TWO DOZEN PEOPLE THERE.
AND THESE PEOPLE WERE ALL HIGH ACHIEVERS.
THEY WERE ALL EXPERIENCED, ALL PEOPLE THAT HAD GREAT REPUTATIONS.
WE WERE TOLD THAT WE HAD 90 DAYS TO TRAIN OUR FOREIGN REPLACEMENTS COMING IN.
AND IF WE DIDN'T DO IT WE WOULD NOT BE ELIGIBLE TO RECEIVE THE SEVERANCE AND BONUSES BEING GIVEN.
>> THE IMPRESSION THAT OTHER JOBS WILL BE AVAILABLE FOR AMERICAN WORKERS.
>> ONE OF THE OTHER THINGS THE AMERICAN COMPANY DOES IS SAY STAY APPLY WE WILL HAVE OTHER JOB OPENINGS THAT YOU WILL QUALIFY TO DO AND APPLY FOR THEM.
WHICH THEY DO.
THE AMERICANS APPLY FOR THEM.
THEY DON'T EXIST.
IT'S JUST A TRICK TO KEEP THEM THERE TO MOTIVATE THEM TO CONTINUE TO TRAIN.
>> SUPPOSEDLY THERE WERE GOING TO BE JOBS OPENING UP AND I DID APPLY IN THE COURSE OF SIX TO NINE MONTHS I APPLIED FOR 150 JOBS AT DISNEY.
>> AND WE WERE ALSO TOLD THERE ARE NEW MORE EXCITING JOBS THAT WERE GOING TO BE CREATED WE WERE OPTIMISTIC AND HOPEFUL THAT SOMETHING WOULD WORKOUT WELL.
>> DINA WAS OFFERED A CONTRACT PART-TIME POSITION AT SIGNIFICANTLY LOWER PAY THAN THEIR PREVIOUS JOB BUT DECLINED IT SINCE SHE SAYS SHE NO LONGER HAD FAITH IN THE COMPANY.
TO THE CONTRARY, CONTACTED DISNEY'S COMMUNICATIONS DEPARTMENT.
IT SAYS MS. MOORE WAS OFFERED A POSITION AT COMPARABLE PAY AND TURNED IT DOWN.
DISNEY SAYS THE COMPANY HIRED A THIRD PARTY VENDOR AND HAD NO ROLE IN SELECTING THAT VENDOR'S EMPLOYEES.
SINCE THAT TIME, DISNEY SAYS IT HAS PLACED MORE THAN 100 WORKERS AFFECTED BY THE REORGANIZATION BACK INTO JOBS AT DISNEY.
IN HINDSIGHT DISNEY SAYS QUOTE IT WISHES IT HAD NOT ASKED PEOPLE TO HELP IN THE TRANSITION OF WORK TO THE OUTSIDE VENDOR.
WHILE THIS IS A COMMON AND LEGAL PRACTICE, PEOPLE EXPECT MORE FROM DISNEY AND IT REGRETS FALLING SHORT.
>> ALTHOUGH FEDERAL LAW REQUIRES GLOBAL COMPANIES EMPLOYING LARGE NUMBERS OF HB1 WORKERS TO SIGN A DECLARATION SAYING THEY WILL NOT DISPLACE AMERICANS THERE IS A LOOPHOLE AN EXEMPTION CANCELS THAT REQUIREMENT IF EMPLOYERS PAY H1B WORKERS AT LEAST $60,000 A YEAR WHICH IS LESS THAN AN EXPERIENCED IT WORKER EARNS.
>> THE REALITY IS BECAUSE THERE ARE LOOPHOLES THE WAY THE LAWS WERE WRITTEN AND THEY WERE PURPOSELY WRITTEN THAT WAY, THE COMPANIES ARE ABLE TO BRING IN PEOPLE WITH ORDINARY SKILLS.
SKILLS THAT ARE HERE.
AND PAY THEM LOWER WAGES AND KEEP THEM INDENTURED SO IT IS PROFITABLE TO BRING IN A GUEST WORKER INSTEAD OF HIRING AN AMERICAN AND PROFITABLE TO REPLACE AN AMERICAN WITH ONE OF THE H1B GUEST WORKERS.
>> OUTSOURCING AND USING VISAS TO REPLACE AMERICAN WORKERS IS NOT JUST HAPPENING IN THE CORPORATE WORLD.
IT'S STARTING TO SPREAD INTO MEDICAL AND EDUCATIONAL INSTITUTIONS.
AT A RECENT UNIVERSITY OF CALIFORNIA SAN FRANCISCO REGENTS MEETING, WORKERS AND REPRESENTATIVES SPOKE UP TO THE BOARD ABOUT LAYOFFS OF IT WORKERS.
THEY SAY THEY ARE BEING REPLACED WITH WORKERS FROM AN INDIAN STAFFING COMPANY.
>> PEOPLE IN THE UNITED STATES ARE SICK AND TIRED OF US LOSING OUR DECENT JOBS.
WE ARE NOT GOING TO PARTICIPATE IN A RACE TO THE BOTTOM WHERE WORKING PEOPLE ARE FIGHTING TO SEE WHO CAN BE EXPLOITED THE MOST.
I URGE YOU TO TAKE LEADERSHIP AND STOP THIS OUTSOURCING IT WILL SAVE YOU A COUPLE PENNIES FOR POLITICAL COST AND MASSIVE FINANCIAL COST IN THE LONG-RUN AND MASSIVE SECURITY COSTS.
IT MAKES NO SENSE.
>> HANK IS A SYSTEMS ADMINISTRATOR WHO LOST HIS JOB AFTER SIX YEARS.
HE TOLD THE REGENTS BOARD HOW HE LEARNED OF HIS LOSS OF THE JOB.
>> LAST JULY I GOT TWO NOTICES FROM UC ONE IS A BILL FOR MY DAUGHTER TO BE TO UC SANTA CRUZ FOR $35,000 AND THE OTHER WAS A LAYOFF NOTICE.
AND MY DAUGHTER ASKED ME, CAN I GO, DAD?
OR SHOULD I CONTINUE MY EDUCATION?
I COULD NOT -- I DID NOT KNOW HOW TO RESPOND TO THAT.
>> THIS IS THE THIRD TIME HANK HAS LOST HIS JOB TO OUTSOURCING.
HE SAYS HE IS HAVING A HARD TIME FINDING A NEW JOB BECAUSE HE IS OVER 40.
UNIVERSITY OF CALIFORNIA SAN FRANCISCO PRESIDENT IS FORMER SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO.
DURING HEARINGS, SHE EXPRESSED A DIFFERENT VIEW OF OUTSOURCING JOB TO H1B VISA HOLDERS.
>> OUR FIRST OBLIGATION TO AMERICAN WORKERS AND TO ENCOURAGE IF NOT HOLD ACCOUNTABLE THOSE FIRMS THAT ARE LOOKING TO FILL SPOTS TO FIRST TURN TO THE TALENT POOL IN AMERICA PARTICULARLY THOSE WHO LOST A JOB.
DO YOU HAVE ANY OPINIONS ON THE H1B VISA PROGRAM?
>> YES, SENATOR.
FIRST, I AGREE WITH YOU.
OUR TOP OBLIGATION ARE TO AMERICAN WORKERS MAKING SURE THAT AMERICAN WORKERS HAVE JOBS.
FROM AN ENFORCEMENT STANDPOINT MY PRIORITY IS TO MAKE SURE ONCE WE'VE ADDED TOOLS AND FRAUD PREVENTION TACTICS AND BEGUN LOOKING AT OTHER MORE STANDARD FRAUD INVESTIGATORY TECHNIQUES NOT BEING USED THAT WE ARE GOING TO EMPLOY INCLUDING THINGS LIKE SITE VISITS AND WORK SITE VISITS WE ARE GOING TO KEEP AT THIS TO MAKE SURE THE INTENT OF THE PROGRAM IS FULFILLED.
>> AT LEAST EIGHT LAWMAKERS INCLUDING SENATOR DIANE FEINSTEIN, MINORITY LEADER NANCY PELOSI AND REPRESENTATIVES HAVE WRITTEN TO UC PRESIDENT NAPOLITANO OPPOSING THE OUTSOURCING OF THE UNIVERSITY'S JOBS.
>> WHAT THEY ARE DOING VIOLATES THE INTENT OF THE H1B LAW AND THAT WE EXPECT PUBLIC INSTITUTIONS TO LIVE UP TO THE LAW.
AND TO THE INTENT OF THE LAW.
IT'S VERY DISAPPOINTING WHAT THEY HAVE DONE.
>> TO THE CONTRARY, CONTACTED TO THE UNIVERSITY OF CALIFORNIA AT SAN FRANCISCO WHICH IN TURN ISSUED A STATEMENT.
IT SAYS IN PART...
FACED WITH INCREASED DEMAND FOR INFORMATION TECHNOLOGY AND ESCALATING COSTS, UCSF HAS ENTERED INTO CONTRACTS WITH OUTSIDE VENDORS FOR SPECIFIED IT SERVICES IT WILL SAVE THE UNIVERSITY MORE THAN $30 MILLION OVER FIVE YEARS WHILE ENABLING INCREASED IT CAPACITY AND IMPROVED CYBERSECURITY.
THE VAST MAJORITY OF THE IT SERVICES WILL REMAIN IN HOUSE.
SECURITY AND PRIVACY ARE INTEGRAL TO UCSF.
'S OUTSOURCING.
AS OUTSOURCING EXPANDS INTO DIFFERENT SECTORS AS PUBLIC INSTITUTIONS, FINANCE AND MEDICINE MANY CRITICS OF THE VISAS ARE CONCERNED ABOUT BREACHES IN SECURITY AND PRIVACY.
>> WHEN WE ARE PUTTING ALL OF OUR PRIVATE DATA IN THE HANDS OF INDIA AND MEXICO AND PHILIPPINES WE DON'T HAVE THEIR PRIVATE DATA.
IT IS NOT A TWO-WAY STREET: THEY CAN USE THAT DATA WHETHER IT IS A GOVERNMENT OR A PERSON OR A TERRORIST OR RUSSIA.
I MEAN ANYBODY CAN USE THAT DATA.
BECAUSE THEY ARE NOT BOUND BY OUR FEDERAL LAWS.
>> I FELT LIKE A PROSTITUTE IN A SENSE BECAUSE I AM A VERY PATRIOTIC PERSON.
AND I FELT LIKE I WAS BETRAYING MY COUNTRY.
I FELT LIKE I WAS BETRAYING MY COMPANY THAT I WORKED FOR AND MY FAMILY I COULD BE TURNING MY BACK ON.
IT WAS A HARD DECISION.
AND TO HAVE SOMEBODY SITTING NEXT TO YOU AND REPEAT EVERYTHING THAT YOU DO AND PUT THAT INTO A BIG MANUAL AND THINKING THAT MANUAL BEING SHIPPED TO SOME OTHER COUNTRY.
>> MOST CRITICS OF THE VISAS DO NOT BLAME FOREIGNERS BUT THE LOOPHOLES IN THE SYSTEM.
>> NOBODY WAKES UP IN THE MORNING AND SAID TODAY I WILL STEAL SOMEBODY ELSE'S JOB.
AND NOBODY GETS UP IN THE MORNING AND SAYS TODAY I WILL DRIVE DOWN WAGES.
>> EYE MAN, FOUNDER OF IMMIGRATION VOICE A NONPROFIT HELPING H1B VISA HOLDERS TO SECURE GREEN CARDS SAYS THE VISA LOOPHOLES NOT ONLY CAUSE COMPANIES TO HIRE LOWER WAGE WORKERS BUT ALLOW SOME COMPANIES TO TAKE ADVANTAGE OF THE FOREIGN VISA HOLDERS.
>> THE WORST ABUSERS COMES IN THE FORM OF THE QUALITY OF LIFE.
WHEN YOUR LIFE IS CONTROLLED BY YOUR EMPLOYER TO AN EXTENT THAT YOU CANNOT TRAVEL OUTSIDE OF YOUR COUNTRY, YOU CANNOT GO TO YOUR PARENTS' FUNERAL YOU CANNOT CHANGE JOBS AND YOU ARE SOMETIMES FORCED TO WORK OVERTIME BUT YOU WILL ONLY BE PAID FOR EIGHT HOURS AND COMPANIES WILL MAKE YOU SIGN CONTRACTS EITHER HERE OR THEY WILL MAKE SIGNED CONTRACTS OUTSIDE IN THE HOME COUNTRY BY PARENTS OR GRANDPARENTS THAT IF YOU LEAVE AN EMPLOYER YOUR PROPERTY WILL BE CONFISCATED OR HAVE TO PAY $30,000 IN DAMAGES.
>> THE ABUSE BY GLOBAL CONSULTING FIRMS IN THE H1B VISA PROGRAM HAS NOT GONE COMPLETELY UNNOTICED.
THE JUSTICE DEPARTMENT FOUND AN INDIA-KNOWN IT CONSULTING COMPANY AND ONE OF THE LARGEST EMPLOYERS OF H1B VISA HOLDERS $34 MILLION IN 2013 FOR SYSTEMIC FRAUD AND ABUSE OF THE IMMIGRATION PROCESS.
BUT THE LOOPHOLES IN THE LAW ARE NOT BEING CLOSED, EITHER.
THE LABOR DEPARTMENT'S INVESTIGATION AT SOUTHERN CALIFORNIA EDISON FOR REPLACING WORKERS ENDED WITH THE CONSULTING FIRM BEING CLEARED OF ALL CHARGES OF DISCRIMINATION AND DISPLACEMENT OF AMERICAN WORKERS.
DESPITE THE LOSS AND OFFSHORING OF AMERICAN JOBS MANY IN TECHNOLOGY COMPANIES ARGUE THERE IS AN AMERICAN WORKER SHORTAGE.
THAT OF WORKERS WITH SKILLS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS OR STEM JOBS AND THE CAP ON THE VISAS SHOULD BE LIFTED.
>> AN INFINITE NUMBER OF PEOPLE COMING WHO ARE TAKING JOBS THAT PAY OVER $100,000 A YEAR THEY WILL PAY TAXES WE CREATE LOTS OF OTHER JOBS AROUND THAT.
BECAUSE PEOPLE OF THOSE GREAT TALENTS PARTICULARLY IN ENGINEERING AREAS THE JOBS ARE GOING TO EXIST SOMEWHERE.
AND THE JOBS AROUND THEM ARE GOING TO BE CREATED WHATEVER THOSE TALENTED PEOPLE ARE.
SO EVEN THOUGH IT MAY NOT BE REALISTIC I DO NOT THINK THERE SHOULD BE A LIMIT.
THESE PEOPLE WOULD NOT HAVE DIFFICULTY GETTING INTO OTHER RICH COUNTRIES.
IN FACT, COUNTRIES LIKE CANADA AND AUSTRALIA HAVE BEEN BENEFICIARY OF OUR SYSTEM DISCOURAGING THESE PEOPLE WITH BOTH THE LIMITS AND THE LONG WAITS AND THE WHAT THE PROCESS FEELS LIKE AS THEY GO THROUGH THE SECURITY CHECKS.
>> NEW AMERICAN ECONOMY IS AN ORGANIZATION OF POLITICAL AND BUSINESS LEADERS WHO SUPPORT IMMIGRATION REFORMS THAT WILL HELP CREATE JOBS FOR AMERICANS.
THEIR WEBSITE SAYS: FOR AMERICA TO COMPETE IN THE 21ST CENTURY WE NEED A ROBUST INNOVATION ECONOMY WHICH REQUIRES A WORKFORCE SKILLED IN THE SCIENCE, TECHNOLOGY, ENGINEERING AND MATH FIELDLESS.
YET, AMERICAN STUDENTS ARE NOT ENTERING THE INDUSTRIES IN SUFFICIENT NUMBERS AND THE U.S. IS PROJECTED TO FACE A SHORTAGE OF 1 MILLION STEM WORKERS BY 2020.
OUR BROKEN VISA SYSTEM MAKES IT DIFFICULT FOR MANY OF THEM TO STAY AFTER GRADUATION.
A REALITY THAT HURTS THE ABILITY OF OUR EMPLOYERS TO EXPAND AND CREATE MORE OPPORTUNITY FOR AMERICAN WORKERS.
>> OTHERS DISAGREE.
>> I AM COMPLETELY OPPOSED AND APPALLED BY THE IDEA THAT WE DON'T HAVE ENOUGH QUALIFIED AMERICANS.
NUMBER ONE BECAUSE I TALK TO SEVERAL A DAY THAT ARE BEING FIRED AND ARE TRAINING.
I HAVE NEVER ONCE HEARD AN AMERICAN PERSON WHO IS TRAINING WHETHER THE PERSON IS IN OR OUTSIDE THE COUNTRY SAYING THE PERSON IS MORE QUALIFIED OR HALF AS QUALIFIED AS THEY ARE.
>> THERE IS NO BROAD-BASED SHORTAGE OF AMERICAN IT WORKERS.
WE CAN LOOK AT THE LABOR MARKET INDICATORS FROM EMPLOYMENT LEVELS TO UNEMPLOYMENT RATES AND THE MOST OBVIOUS IS WAGES AND WAGES HAVE BEEN FLAT FOR 15 YEARS OR SO.
SO THERE IS NOT ANY SHORTAGE.
>> THOSE TRAINING THEIR REPLACEMENTS SAY THE TRAINEES WERE NOT HIGHLY SKILLED.
>> SOME OF THEM HAD GOTTEN MICROSOFT CREDENTIALS AND THEY HAD BEEN JUST FRESH OUT OF COLLEGE OR STUDIED FOR MICROSOFT EXAM.
AND HAD NEVER BEEN IN A REAL WORLD POSITION.
>> IF THESE PEOPLE THAT CAME IN WERE GENIUSES I WOULD NOT BE BRINGING THIS UP TO ANYBODY BECAUSE I WOULD HAVE QUESTIONED HEY WOULDN'T IT BE BETTER FOR THE COUNTRY IF I WAS REPLACED BY SOMEBODY JUST PHENOMENAL AND AMAZING AT WHAT THEY DID.
>> MEMBERS OF CONGRESS WANT PRESIDENT TRUMP TO DELIVER ON HIS CAMPAIGN PROMISES TO REFORM THE VISA PROGRAM.
AND THE TRUMP ADMINISTRATION SO FAR HAS TEMPORARILY HAULTED THE EXPEDITION OF VISAS.
IN THE MEANTIME, BILLS ARE BEING INTRODUCED IN CONGRESS TO STOP THE ABUSES AND ONE OF THE BILLS WAS WRITTEN BY REPRESENTATIVE LAUGHGREEN WHO REPRESENTS SILICON VALLEY IN CALIFORNIA.
>> WE ARE NOT GOING TO GET MORE H1B VISAS MY BILL REFORMS THE SYSTEM SO THAT THE VISAS THAT EXIST ARE GOING TO HIGHLY SKILL WILLED PEOPLE WHO WILL GROW OUR ECONOMY NOT TO ENTRY LEVEL OR RUN OF THE MILL PEOPLE WHO ARE UNDERCUTTING AMERICAN WAGES.
IN THE BILL, I'VE INTRODUCED IF YOU WANT TO PAY 200% MORE THAN THE HIGHEST WAGE THEN YOU GET FIRST CRACK AT AN H1B VISA FOR THE PERSON YOU ARE TRYING TO HIRE.
AND THEN 150% OF THE HIGHEST WAGE AND SO FORTH.
>> WHAT ARE WE DOING?
>> THE BILL ADDS PROTECTIONS AGAINST SCAMMING AND CALLS FOR THE ELIMINATION OF CAPS ON PERMANENT VISAS.
LAUGHGREEN AND OTHERS SAY HAVING CAPS ON GREEN CARDS ALLOW CONSULTING FIRMS MAINLY FROM INDIA AND CHINA TO BRING IN LOWER SKILLED LABOR.
THE WORKERS ARE THEN INDEBTED TO EMPLOYERS AND CANNOT CHANGE JOBS WHILE THEY WAIT FOR THEIR GREEN CARDS.
>> WE ALLOCATE VISAS THAT ARE SUPPOSED TO BE MERIT-BASED ON YOUR SKILLS BY WHERE YOU ARE BORN.
AND SO FOR EXAMPLE, INDIA WITH THE POPULATION OF OVER A BILLION PEOPLE HAS THE SAME NUMBER OF VISAS AS ICELAND WITH A POPULATION OF 350,000.
>> EXPERTS SAY THERE IS A REASON THE VAST MAJORITY OF FOREIGN WORKERS COME FROM INDIA.
THERE ARE QUOTAS HOW MANY PEOPLE FROM EACH COUNTRY CAN BECOME CITIZENS.
FOR INDIANS THERE IS A 70-YEAR WAIT.
SO EMPLOYERS KNOW ANY FOREIGN WORKER BROUGHT IN FROM INDIA WILL NEVER BECOME A U.S. CITIZEN AND WILL BE INDENTURED TO THE COMPANY.
>> NOW MUSHROOMED INTO 1.5 MILLION PEOPLE.
NOW EMPLOYERS HAVE MORE INCENTIVE TO HIRE MORE PEOPLE FROM INDIA BECAUSE THEY KNOW THERE IS A GREEN CARD BACKLOG OF 70 YEARS AND ONCE EMPLOYERS HIRE THEY CANNOT CHANGE OUT FOR THAT MANY YEARS.
>> THERE ARE NOT ANY SOLID NUMBERS HOW MANY IT JOBS HAVE BEEN TAKEN BY FOREIGNERS OR OUTSOURCED.
BYRON HIRA ESTIMATES IT'S AS MANY AS 1.5 MILLION.
TWO OF THE JOBS BELONGED TO DINA AND LEO.
THEY LEFT CAREERS IN TECHNOLOGY AS A RESULT.
LEO NOW WORKS IN HIS FAMILY'S REAL ESTATE BUSINESS AND DINA WORKS IN THREE HOME-BASED BUSINESSES WITH HER HUSBAND, ERIC.
>> UP I HAVE MADE THE DECISION NOT TO GO BACK INTO IT AND I MADE THAT DECISION WHEN I WAS KEEPING THE TALLY BY ALL THE IT RECRUITERS WHO CALLED ME AND WHEN 75% OF THEM ARE H1B VISA HOLDERS CALLING ME BECAUSE I ASK, I DECIDED IT WAS NOT A WORLD I WAS WILLING TO GO BACK TO.
>> IT'S DIFFICULT TO SAY HOW THE TRUMP ADMINISTRATION CAN THAT CHANGE THAT IN TERMS OF OUTSOURCING.
WHAT THEY CAN CHANGE IS THE EXTENT TO WHICH JOBS IN AMERICA ARE FILLED BY FOREIGN WORKERS.
THEY HAVE GREAT CONTROL OVER THAT.
>> BOTH DINA AND LEO FILED CLASS ACTION LAWSUITS AGAINST DISNEY.
THE FIRST TIME AMERICANS HAVE GONE TO FEDERAL COURT TO SUE BOTH OUTSOURCING COMPANIES AND AMERICAN COMPANIES.
>> I DON'T WANT OTHER PEOPLE TO GO THROUGH WHAT I WENT THROUGH.
THAT IS MY GOAL.
I CANNOT SEE THIS HAPPEN ANYMORE.
IT IS TEARING FAMILIES APART.
>> THEIR LAWSUITS WERE DISMISSED BUT BOTH AGREE SOMETHING MUST BE DONE TO STOP THE FLOW OF AMERICAN JOBS OVERSEAS.
>> YOU HAVE TO GET THE SALARY, THE CRITERIA UP SO THAT H1B VISA CANNOT BE USED TO UNDERCUT THE SALARIES OF AMERICAN WORKERS.
BUT YOU HAVE TO DO IT SO IT CANNOT BE USED TO KEEP FROM HIRING UNDER REPRESENTED AMERICANS IN THE FIELD.
>> YOU CAN'T RELY ON MORAL SITUATION AND SHAMING AS A SUBSTITUTE FOR REGULATION AND LAW.
YOU HAVE TO FIX THE PROGRAM.
BECAUSE THE C.E.O.S ARE BENEFITING FROM THIS BY CUTTING COSTS BY BRINGING IN CHEAPER WORKERS.
AND TAKING ADVANTAGE OF THAT.
THEY ARE NOT VILLAINS THEY ARE DOING WHAT THEY ARE PAID TO DO.
RIGHT WHICH IS MAXIMIZE PROFITS.
YOU HAVE THE GOVERNMENT HAS TO GO IN AND FIX THESE THINGS.
>> EVERYONE AGREES SINCE THE VISAS ARE A CREATION OF THE GOVERNMENT IT'S THE GOVERNMENT THAT NEEDS TO GO IN AND FIX THESE ABUSES.
THANKS FOR WATCHING.
I'M BONNIE ERBE.
PLEASE JOIN US NEXT WEEK ON TO THE CONTRARY.
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Funding for TO THE CONTRARY is provided by the E. Rhodes and Leona B. Carpenter Foundation, the Park Foundation and the Charles A. Frueauff Foundation.