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Greg Siskind on Immigration Law and Policy

OPPOSING GROUPS REACH COMPROMISE ON SKILLED WORKER GREEN CARDS

Rating: 2 votes, 5.00 average.

IEEE and the Semiconductor Industry Association (SIA) normally clash over H-1B visas, but the two have found some common ground on the need for employment-based green cards. While I don't think we need to give up on getting more cap exemptions for key fields, there is no reason not to cut deals on other issues and green card numbers is a good one.

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  1. Middle Ground's Avatar
    I hope these reforms are implemented.

    Meanwhile, companies are still discriminating against Americans in regards to the H-1b visa. Here is a job ad that has since been removed from Dice.com. Note where it says "H1 Transfer is Required". Another case of Americans need not apply:

    Title:
    Java / J2EE developer - H1 Transfer Required
    Skills:
    Java / J2EE developer with Financial Experience
    Date:
    10-11-2007
    Location:
    Chicago, IL
    Area code:
    999
    Tax term:
    FULLTIME CON_CORP CON_IND CON_W2 CON_HIRE_CORP CON_HIRE_IND CON_HIRE_W2
    Pay rate:
    Open
    Length:
    6 - 12 Months
    Position ID:
    924004
    Dice ID:
    10121335
    Job description:
    *** H1 Transfer is required ****

    Minimum Requirements: Requirements:
    * Must have at least 6 years professional experience in Java / J2EE development.
    * Must be strong in Java / J2EE technologies, including but not limited to: Multi-threading, Collections, JDBC
    * Strong database skills are required including Creation of DDL & SQL statements, Performance tuning SQL queries, and Debugging SQL issues
    * Must have strong oral and written communication skills and be fluent in English.

    * Knowledge of Unix/Linux.
    * UDB/DB2 Experience
    * XML, XSLT, XML Schemas, XPath and related technologies.
    * Proficiency in HTML, DHTML, and CSS
    * Strong background developing/debugging JavaScript
    * Experience with Tomcat, Weblogic, and/or JBoss, as well and J2EE configuration and deployment
    * Prior experience working with AJAX

    Please send your profiles if you are interested in H1 Transfers only to raj@comtecinfo.com


    Thanks,
    Rajaneesh Chandra
    ComTec Information Systems
    Direct Tel: 847-874-7000
    Email: raj@comtecinfo.com
    Visit us: www.comtecinfo.com
    Travel required:
    none
    Telecommute:
    no
    Click Here to Apply
    Email to a friend

    Raj Chandra
    ComTec Consultants Inc
    Phone: (847) 874-7000
    Web: http://www.comtecinfo.com
  2. legal-forever-waiting-forever's Avatar

    the laws are already in place. they need to be enforced. i don't believe anyone supports this stuff- not H1B's, not GC applicants, not GC's...not citizens...it's crap- it hurts us all.
  3. Sid's Avatar
    MG, the important thing is that there is a system in place to report these ads and other H-1B abuses to USCIS/DOL. If American programmers were spending that much time looking for jobs, they would notice and report more of these ads. The problem with any kind of law is enforcement. What surprises me is that every party involved in this debate is focusing primarily on changing laws instead of holding USCIS/DOL accountable. It should be easier for Americans to ask these bodies to disclose their practices. If immigrants and lawyers were able to force them to reverse the July 2nd decision, why is the PG not able to hold them accountable for H-1B frauds?


  4. Greg Siskind's Avatar
    MG/Roy - You are so so wrong in your interpretation. They are saying that if you need H-1B sponsorship and a place in the H-1B quota, don't bother applying since they're not interested in paying the legal fees and then not getting a number. H-1B transfers are not subject to the cap so an application from such a candidate is not a waste of time. Where do you see in the ad they don't want Americans to apply. Your interpretation is nonsense.
  5. Middle Ground's Avatar
    Greg - I interepret exactly as read. "Please send your profiles if you are interested in H1 Transfers only to raj@comtecinfo.com "

    Apparently someone from Dice.com agrees with me, because they removed the ad.

    The ad should have been written "unable to sponsor new H-1b applications, but will consider all transfers, US citizens, and greencard holders."

    I don't have an H-1b. Thus I am not interested in a transfer. This ad is exclusionary. The fact that you are apologetic for the ad is quite troubling. Even if they didn't intend on excluding people, they did. This is HR 101.

    So the guy is either stupid and doesn't understand basic employment law, or he is discriminating against a whole class of people. Which is it Greg - is Raj Chandra stupid or discriminating?

    He could at least have the common decency to pretend not to discriminate like firm Cohen and Grigsby teach at their seminars: http://www.youtube.com/watch?v=TCbFEgFajGU
  6. Sid's Avatar
    MG, I urge you to read Cohen & Grigsby's reply to Senator Grassley. It's very informative. PERM is not a process for recruiting Americans, neither does it take into consideration the initial process followed by the employer to recruit the GC candidate. I'll admit that there is a possibility for abuse. What the law firm did was perfectly valid. You make stupid laws and the lawyers will find a way to comply, with the least amount of inconvenience to their clients. Companies will follow the spirit of the law when they are recruiting employees (and most do) but if you think they won't take the easy way out after spending a few months trying to fill up the position, going through the pain of applying for an H-1B visa and then investing in an employee for 2-3 years, you are smoking something - probably something good ;-)
  7. Middle Ground's Avatar
    Sid, a number of Senators don't agree with you. Most people who watch that video are appalled at what they see and hear.

    There is currently a federal investigation going on regarding the actions of that firm, and their clients are now the subject of intense scrutiny. I don't think members of Congress agree with your their of the law, nor will the DOL or USCIS.

    I've read their reply and I think it is a cop-out - everyone is to blame but them. They will eventually pay the price for what they have done. In fact, the reputation of that firm took a hit so in many ways they have already paid a heavy toll. Even if the investigation ended today, they have already been "punished" by the media.

    If I were a company in need of a lawfirm to handle employment based immigration, that firm would be the last one I would call - considering all of the attention my company may be exposed to. That seminar and subsequent negative publicity was quite a blow to them. I'd be surprised if the speaker is still employed by them.
  8. Middle Ground's Avatar
    And just to follow up on Cohen and Grigsby - that firm is large and practices many areas of the law. What I think is tragic for the vast majority of Cohen and Grigsby lawyers who weren't involved with the seminar is that whenever you do a Google on the firm, there are pages upon pages of results that cast a negative light on them.

    Immigration is a small portion of their practice, yet it gets most of the attention (in a negative way).

    Lawrence Lebowitz will go down in history for law firms as the poster boy of how not to market your business. He was a marketing disaster. He's probably a verb by now - don't let your firm get "Lebowitzed".
  9. Sid's Avatar
    I'll be surprised if the federal investigation results in the law firm being indicted of malpractices. I, however, welcome the investigation since it'll expose the shortcomings of the current PERM process and eventually lead to more sensible employment based immigration process.

    Yes, it's not surprising that the senators are appalled at what they saw on the video. They know jack-s*** about the whole EB immigration process and about the USCIS/DOL, as was evident from the CIR bill. Maybe they'll become more aware of all the issues from these investigations and come up with sensible legislations. Even without changing the laws, if the U.S. government realizes that it needs to modernize the DOL/USCIS by increasing funding for immigration services instead of spending billions on the war "of" terror, it'll improve things greatly.
  10. 's Avatar
    I doubt things will improve now that the Dems have taken charge of Congress. If anything they will get substantially worse.

    The Dems essentially broke and bankrupted DOL during the latter part of the 90s by approving a series of 245(i) amnesties for the undocumented while simultaneously reducing funding for the labor certification program. The DOL was so overwhelmed by all of the 245(i) applications that they replaced the individual supervised recruitment program by the RIR program in 1999 followed by the PERM program in 2005.
  11. Greg Siskind's Avatar
    There is ABSOLUTELY nothing wrong with this ad. It is saying that they will sponsor visas, but only transfers because of the H-1B cap. They specifically say US citizens and green card holders are welcome. This is not irresponsible. You would only be happy if they said they wouldn't sponsor anyone.
  12. Middle Ground's Avatar
    "They specifically say US citizens and green card holders are welcome. "

    No, they don't. Read the ad again. Please enlighten me where they say that everyone is welcome to apply. You are simply factually wrong here.
  13. Greg Siskind's Avatar
    MG - You are correct that I misread the USC part. I was reading your prior post which I thought was quoting from the ad and instead was your suggested language. Sorry about that and you are correct that the wording you put would have been appropriate. I still think you're misreading what was intended, however. You read it as meaning only H-1B transfers should apply. I read it to mean that non-transfer H-1Bs need NOT apply. And knowing what is going through a lot of these employers' minds, I think my reading is more likely. You have a pretty jaded view of foreign employers - I know you're going to go defensive on me over that, but it's the truth - and so you'll always assume the worst.
  14. Middle Ground's Avatar
    Greg,

    I may be jaded - probably a skeptic because I hear of all of the abuse. One could argue that you wear rose colored glasses and overlook the flaws of the program.

    I'm not sure it's worth getting too carried away over who interprets this correctly. I am actually more concerned about the job ads that read "Not sponsoring H-1b workers". This must come a surprise to you.

    The reason is quite simple - the program is anti-competitive. The fact that other employers must sponsor transfers really limits mobility of workers. The anti-competitive nature of the program is IMHO what causes the most harm towards American workers.

    The "No H-1b" ads by far outnumber the "H-1b only ads". I believe that ALL workers in this country should be able to work for other employers without some special sponsorship provisions. In fact, a worker's status should be black and white. They are either eligible to work - and should be treated the SAME. Or they are not eligible to work (ie undocumented). The H-1b and L1 visa is this ugly grey area. They are eligible to work - if you jump through hoops.
  15. USC's Avatar
    MG:

    I am glad to see the IEEE coming out with something constructive and agree with you that their position on EB GCs is worth supporting. Being an EE & CE by training, I joined the IEEE as a student member in my Freshman year. I was so disgusted with their anachronistic ways that I quit in protest after the Fall semester. I have never rejoined. They still have a way to go though. They could start by changing their name, Electronic Engineers are now called Electrical Engineers and the Electrical Engineers in their name actually refers to modern day "Electrical Power Engineers." Here is one view:

    http://en.wikipedia.org/wiki/Electrical_engineering

    ;-)

    "I may be jaded - probably a skeptic because I hear of all of the abuse. One could argue that you wear rose colored glasses and overlook the flaws of the program."

    A common sense interpretation (coupled with the facts that ads I have placed haven't exactly come out the way I intended them to) leads me to agree with Greg on the ad you guys are discussing. The ad should have said "USC, LPRs and H1b transfers only. No H1b sponsorships." I think this is what they meant though, because excluding USCs and LPRs is clearly against the law. Why discriminate so blatantly in the ad when if you don't want USCs and LPRs all you have to do is to throw their resumes into the waste paper basket?
  16. Middle Ground's Avatar
    USC,

    On the IEEE, it is the IEEE-USA that takes a position on the H-1b visa and also the group supporting the current expansion of EB GCs. You shouldn't confuse the parent organization - IEEE - with the IEEE-USA.

    I support the IEEE-USA, and of course the American wing of the organization would represent the interests of their American members. The IEEE (parent org) doesn't take a position on these issues. I'll bet there is an IEEE-India that takes positions contrary to the IEEE-USA.
  17. USC's Avatar
    "On the IEEE, it is the IEEE-USA that takes a position on the H-1b visa and also the group supporting the current expansion of EB GCs. You shouldn't confuse the parent organization - IEEE - with the IEEE-USA."

    Thank you for clarifying. Wherever I use IEEE in my earlier post I was referring to IEEE-USA. Like you, I agree with the IEEE-USA & SIA's current position on EB visas. I hope that clarifies my position. IOW, We agree!!
  18. Middle Ground's Avatar
    "I hope that clarifies my position. IOW, We agree!!"

    I'm glad we found some common ground!
  19. A H(uman)1B(eing)'s Avatar
    Here's a job Ad sent to me that explicitly states ONLY US Citizens should apply. There are countless such "H1bs need not apply" Ads ( like it was "Irish Need Not apply" sometimes back), though they are politely worded to read "Only US Citizens and Permanent Residents should apply".


    ------------------------------------------------
    Dear Consultant,



    Ramsoft Systems Inc (RSI) is a total I.T solutions provider with full-service Systems development, integration, staff augmentation, T&M services and offshore operations. RSI specializes in CRM, ERP, e-Commerce, WAP, Networks and Custom Programming Solutions. I would like to check your availability and interest for the following direct client opportunity.



    Incase you are interested then, Send me your updated word format resume ASAP.



    Title: Java Developer

    Location: Scottsdale, AZ

    Duration: 3 Months (Contract to Hire)

    Rate: $Open on W2 Basis.



    Comments: US Citizenship Required.



    Job Description: Develops, supports and maintains basic application development projects according to appropriate specifications



    Principal Duties and Essential Job Functions:

    Brief description of the day-to-day functions, duties, responsibilities and applications or Business knowledge required.
    US Citizenship required.


    Basic Qualifications:

    5+yrs Java
    5+yrs skill SQL
    5+yrs yrs skill HTML


    Regards,

    Samuel

    ---------------------------------
    Ramsoft Systems Inc
    Certified: ISO 9001: 2000, MBE

    ERP, BI, EAI, E Business: "Projects & Staffing"

    Tel: 248 327 3482 (Direct)

    248 327 3474 Ext 102

    Fax: 248 354 3626
    E-mail: sam@ramsoft.net! www.ramsoft.net,
    "Proudly serving the industry for 14 years"

    ---------------------------------------------------------------
  20. Middle Ground's Avatar
    AHuman - yeah, that's part of the anti-competitive nature of the H-1b. Actually, they rule out permanent residents also. I think the ad is illegal - violating equal opportunity laws.

    It goes both ways as you have pointed out - some companies don't seem to take equal opportunity laws very seriously unfortunately.

    I actually want H-1b holders to have MORE rights and the ability to compete. What frustrates me about some anti-immigrant groups is that they think anything that harms immigrants must therefore be good for Americans. It is bad for American workers that immigrant workers not have equal rights. By taking away or limiting their rights, companies are able to exploit them and drive down wages. That harms everyone.
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