[lbo-talk] high-tech braceros, was: offshoring vs technical visas

Tom Roche Tom_Roche at pobox.com
Thu Jul 3 16:55:41 PDT 2003


Ulhas Joglekar Thu, 3 Jul 2003 08:10:14 +0530

> The problem is that ruling circles in US and the developed world

> generally are committed to free trade in commodities and free

> movement of capital. It would be difficult to oppose free movement

> of labour power on that basis.

"Free movement of labour" is not the objection--it's that the technical visa programs are designed to provide "high-tech braceros" for employers:

http://heather.cs.ucdavis.edu/itaa.real.html#trappedsection

> 9.4.1 Why Indentured Servitude Is of Such High Appeal to Employers

> The indentured servitude issue is central to the H-1B discussion.

> For many employers, indentured servitude is even more important than

> salary, as the impact of a programmer leaving a project can be

> devastating.

<snip>

> 9.4.3 The Nature of De Facto Indentured Servitude

> Note that an H-1B employee is essentially immobile during the years

> while the greencard is pending, thus refuting ITAA's argument that

> H-1Bs who are exploited in terms of salary can simply move to

> another job. The workers certainly do not want to start the

> greencard process all over again.

<snip>

> The anonymous author of an op-ed piece in TechWeb News, March 16,

> 1998, wrote,

> I am an immigrant from India...the H-1B visa allows someone to

> work only temporarily at a high-tech job for a few years. An

> employer has to sponsor one for an H-1B visa. These engineers

> cannot switch jobs at will. To do so requires a new H-1B visa.

> Companies love these H-1B workers, as they are eager to please

> their sponsors [in the hope] that they can be sponsored for

> greencards. These engineers are virtually ``indentured slaves''

> of their sponsors.

> Once a company initiates the process of sponsoring a candidate

> to greencard, it can currently take three to four years.

> Companies love this and frequently delay the process on purpose.

> Some big companies have this delay built into their sponsoring

> process. During this period, candidates are virtual slaves. They

> are forced to work long hours at low wages. And usually they do

> not get good raises or promotions...

> I myself left my company when I got a greencard and I got a

> raise of 40 percent.

> Department of Labor statistics show that many of the H-1Bs do leave

> their employers soon after they get their greencards, just like the

> case of the anonymous author above. The Inspector General's report

> (The Department of Labor's Foreign Labor Certification Programs: The

> System is Broken and Needs to be Fixed, Final Report No.

> 06-96-002-03-321, Joseph Fisch, Assistant Inspector General for

> Audit) found that

> ...many left the employer who sponsored them shortly after

> obtaining permanent [i.e. greencard] status: 8 percent left

> within 90 days, 17 percent left within 180 days, and 33 percent

> left within 1 year.

> Presumably many of the remainder who stayed beyond a year did so

> only after negotiating a large pay increase, by threatening to

> leave.

<snip>

> In addition to the de facto indentured servitude which results from

> the long wait for greencards, in many cases ``job shops'' impose a

> de jure indentured servitude, by forcing the H-1Bs to sign contracts

> in India before coming to the U.S.

<snip>

> The new law allows an H-1B to exceed the 6-year time limit on the

> visa, if a greencard application is pending. From the H-1Bs' point

> of view, this of course is preferable to having to leave the U.S.,

> but from the employers' perspective, it means that the period of

> indentured servitude can be extended even longer.

> Immediately after the bill passed Congress, immigration attorney

> Jose Latour assured nervous employers that it would indeed continue

> to be business as usual in terms of indentured servitude.

<snip>

> Starting in early 2001 (or late 2000), the industry experienced a

> sharp slowdown. There were now many more H-1Bs than jobs which

> employers wished to fill with H-1Bs. Accordingly, many employers no

> longer offered green card sponsorship when they hired H-1Bs. Though

> this would at first appear to at least give the H-1Bs more freedom

> of movement, they now had a new problem - deportation. If they were

> laid off or fired from one job, they would have to find another

> within 10 days, or face deportation. (Some immigration attorneys

> challenged this, but the INS chose not to respond.) So, it was de

> facto indentured servitude all over again.



More information about the lbo-talk mailing list