Thread: Even Symbolic H-1B Curbs Provoke Employer Outcry

Even Symbolic H-1B Curbs Provoke Employer Outcry

By John Miano, March 11, 2009

The latest chapter in the Alice in Wonderland story of the H-1B visa program for cheap foreign labor surrounds provisions applied to employers receiving money from the Troubled Assets Recovery Program ("TARP").

The new rules apply what are known as the "H-1B Dependent" provisions of the H-1B program to TARP fund recipients. While largely symbolic, these provisions have provoked a response in the media that has been hysterical ("Protectionism," "closing the job market to highly skilled workers," "anti-free market," and "turning away talent").

Reality check. Look at the list of the top users of H-1B visas. The top is dominated by foreign companies that bring in hundreds, even thousands, of H-1B computer workers each year but who do not hire Americans for these positions. The H-1B Dependent provisions do not hinder them in the least.

There are two new "restrictions" on TARP fund recipients:

1. The employer must certify that it did not or will not hire an H-1B worker if it has laid off a U.S. worker in a job that involves essentially the same responsibilities and is located in the same geographic area of employment within 90 days. 8 U.S.C. § 1182(n)(1)(E)(i), (n)(4)(A)-(B).

2. The employer must certify that it has recruited U.S. workers for the position and offered the job to any U.S. worker who is equally or better qualified. 8 U.S.C. § 1182(n)(1)(G).

(There is actually a third provision under 8 U.S.C. § 1182(n)(1)(F), but it is unlikely to ever be applicable to a TARP recipient).

The TARP fund recipient must certify, not prove, these additional conditions.

What does that mean in practice?

TARP fund recipients must check YES on box F-1.2 on the Labor Condition Application.

Yes, all the fuss about onerous restrictions on TARP funds boils down to having to check a different box on a form.

But what about the threat of being saddled with lawsuits?

There is no cause of action to bring a lawsuit under these provisions.

» John Miano's blog

The Center for Immigration Studies is an independent, non-partisan, non-profit research organization founded in 1985.

http://www.cis.org/miano/h1b

While largely symbolic, these provisions have provoked a response in the media that has been hysterical ("Protectionism," "closing the job market to highly skilled workers," "anti-free market," and "turning away talent").

This could go along with ALIPACS article on the failing of newspapers

Employers object to a simple filing requirement. Ok, that's to be expected.

The more serious problem is that 'Bama and the 'Crats are putting the needs of illegals ahead of the needs of increasingly desperate Americans. That's where most of our energy should be directed.

Gotta keep those stockholders happy by laying off American workers and hiring cheap foreign labor. Doesn't do much for their own countrymen, but the stock price goes up. The largest and wealthiest consumer nation in the world is being eroded employee by employee, but darn, those stockholders and bondholders are happy.