bond65
08-20 09:36 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
We recently went got our driving licenses renewed with our H visa extension I-797s. DMV didn't ask for an unexpired visa. All they wanted was a visa stamp in the passport to make sure that we legally entered US.
Any one in NC have any suggestions?
We recently went got our driving licenses renewed with our H visa extension I-797s. DMV didn't ask for an unexpired visa. All they wanted was a visa stamp in the passport to make sure that we legally entered US.
amitjoey
07-18 04:29 PM
I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more donations if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
pappu
09-30 06:17 PM
Don't expect anything from Nebraska Service Center today. Somebody from site who live few minutes away from NSC said that the parking lot at NSC is empty today. Yesterday, she saw that it was full from 7 to 12 nn but was empty in the afternoon.
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
Its interesting to find someone 'tracking' the NSC parking lot this weekend!!:D
I have found some interesting posts by people. See below:
1. I check on this site every hour or everytime whenever i can
2. I check if i have LUD first thing in the morning and in the evening
3. I check my bank account and wish checks for EAD and AP are encashed
4. I keep on logging on online forums(murthy.com, immigrationvoice, immigration portal..etc)
5. I keep calling USCIS hotline for some questions
6. I cant wait for my FP notice
7. I always go to snail mailbox and hope i got something immigration related
8. I call my friends and guess what we end up talking about? immigration matters
9. I'm jealous of people who have gotten their greencards
10. I cant get this Greencard off my mind!!!!
Have i gone greencard crazy? :)
LIFE?
L- LUD
I- Immigration Notices/RFEs/IO
F- Forums
E- e-mail from CRIS
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
Its interesting to find someone 'tracking' the NSC parking lot this weekend!!:D
I have found some interesting posts by people. See below:
1. I check on this site every hour or everytime whenever i can
2. I check if i have LUD first thing in the morning and in the evening
3. I check my bank account and wish checks for EAD and AP are encashed
4. I keep on logging on online forums(murthy.com, immigrationvoice, immigration portal..etc)
5. I keep calling USCIS hotline for some questions
6. I cant wait for my FP notice
7. I always go to snail mailbox and hope i got something immigration related
8. I call my friends and guess what we end up talking about? immigration matters
9. I'm jealous of people who have gotten their greencards
10. I cant get this Greencard off my mind!!!!
Have i gone greencard crazy? :)
LIFE?
L- LUD
I- Immigration Notices/RFEs/IO
F- Forums
E- e-mail from CRIS
reddog
03-12 10:52 AM
Not true. Anybody donates will get Donor status. This is started for last few days, so people who donated in last few days get this. Pappu mentioned that he is planning to cross reference this with old donations but not sure whats happening there.
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
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ind_game
05-13 11:15 PM
was ur first MTR denied in error?
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
sugaur
03-05 10:36 PM
Wifes I485 got soft LUD on 1/9/09.
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shukla77
06-11 01:14 PM
Wow ... Although I am not in consulting business so dont know all the fundas, but what seems interesting to me is "making 100K from 100~200K from active trading and investing in other areas". So I can make 50K if I have 50-100K to invest. Pretty hefty returns :D.. I wish we could chat over the lunch or something
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
pappu
06-10 01:49 PM
The state chapters don't seem to be very effective.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.
Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.
Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.
more...
asdqwe2k
01-10 01:56 PM
May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...
well the reasons are many...and all seems to be valid...
I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...
on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class,
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
well the reasons are many...and all seems to be valid...
I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...
on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)
when i came to US at first i thought i would go back to india if i have 1 crore, but when time goes by, i came to know that now a days in india people who have 1 Crore are considered as Middle Class,
Who said that 1 crore is middle class in India ???
That would mean 1 billion poor people in india according to this article, and that will include you...
http://www.rediff.com/money/2004/jul/14rich.htm
http://www.realestatetimes.in/index.php?title=india_developing_more_upmarket_apa rtment&more=1&c=1&tb=1&pb=1
http://www.sunmediaonline.com/indiachroniclejuly06/newsmakers.html
India�s millionaires on the rise
India�s millionaire population in 2005 shot up by 19.3 per cent over the past year, second only to South Korea�s 21.3 per cent on world charts. The World Wealth Report, released by Merrill Lynch and Capgemini, says India had 83,000 millionaires (people with more than $1 million or Rs 4.5 crore in net financial assets, excluding their residence and consumables).
The rate at which India is producing rich people is hardly surprising, says the report. It goes on: "Also according to the most recent Goldman Sachs projections, India has the potential to become the fourth largest economy by 2025 and the third largest by 2050, behind only the United States and China."
Worldwide, the number of millionaires swelled by half a million in 2005 and there were 8.7 million of them, more than New York's population.
On the top of the charts is the US with a millionaire population of 2.67 million, nearly a third of the global millionaire population. Germany, the UK, China, Canada, Australia, Brazil, and Russia, among others, each have more than 100,000 millionaires
VivekAhuja
05-18 05:36 PM
Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.
more...
asanghi
01-03 02:00 PM
More than 4 years ago when I started the process I really was looking forward to getting a GC and eventually citizenship. But a lot has changed in the last 4 years. GC process has become much harder (after 4 years I am yet to file for 140 and 485). At the same time the economy back home is booming. So the financial incentive to go thru the long process is really going down by the day.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
When my labor approval came, I was very happy and even bought a house. But then retrogression happened. Now I am really tired of it, besides I only can watch my nephews nieces growing through webcam only. My brother sisters are getting older, and I feel I am drifting away from them because I hardly get much time to spend with them even when I go to India. So GC or no GC, I am going back.
Now I am here for 2 reasons, my wife is studying, I am stuck with a house. My wife's studies are almost over. So as soon as I can break even on my house, I will go back. Period.
My wife couldn't get an internship this year due to not having GC. She has converted to F1 after waiting for a long time, and hopefully this year will get an H1. So GC has no real value for me now. Only value GC has for me is that I can live more independently switch employers, experiment with startup ideas etc. while I am here.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
When my labor approval came, I was very happy and even bought a house. But then retrogression happened. Now I am really tired of it, besides I only can watch my nephews nieces growing through webcam only. My brother sisters are getting older, and I feel I am drifting away from them because I hardly get much time to spend with them even when I go to India. So GC or no GC, I am going back.
Now I am here for 2 reasons, my wife is studying, I am stuck with a house. My wife's studies are almost over. So as soon as I can break even on my house, I will go back. Period.
My wife couldn't get an internship this year due to not having GC. She has converted to F1 after waiting for a long time, and hopefully this year will get an H1. So GC has no real value for me now. Only value GC has for me is that I can live more independently switch employers, experiment with startup ideas etc. while I am here.
abhijitp
07-06 09:47 AM
Can anyone post the email of the reporter?
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
Then click on Send an email to Julia Preston
The following page comes up:
Send a Message to JULIA PRESTON
Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.
Your name:
Your Email Address:
Your Message:
URL of article related to your message:
<button>Click to send message</button>
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
Then click on Send an email to Julia Preston
The following page comes up:
Send a Message to JULIA PRESTON
Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.
Your name:
Your Email Address:
Your Message:
URL of article related to your message:
<button>Click to send message</button>
more...
senthil
08-08 08:54 PM
just want to see how much time it takes. thanks
gc_dedo
08-11 04:31 PM
This message is on Ron Gotcher forum
I continue to hear reports from sources I consider credible that the CIS is putting on a major push to clean up the I-140 backlogs. If this is true, look for a lot of I--140 approvals soon and a return to premium processing shortly thereafter.
Link (http://immigration-information.com/forums/showpost.php?p=21675)
I continue to hear reports from sources I consider credible that the CIS is putting on a major push to clean up the I-140 backlogs. If this is true, look for a lot of I--140 approvals soon and a return to premium processing shortly thereafter.
Link (http://immigration-information.com/forums/showpost.php?p=21675)
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pcs
07-05 03:40 PM
Guys meet your Congressman !!!
lifesucksinUS
09-10 09:35 AM
It certainly is a bad news..
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
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Mouns
04-30 03:29 PM
OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:
rkm
07-11 08:01 AM
Very Good News for EB2-I.
rkotamurthy
02-08 06:58 PM
Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
pappu
08-12 10:55 AM
Senate Passage of Border Security Legislation
August 12, 2010
Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….
The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….
The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.
In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.
Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.
When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.
Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.
But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.
Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.
The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.
Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”
The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.
This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.
Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.
While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.
But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.
Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.
Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.
The fee is based solely upon the business model of the company, not the location of the company.
If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.
But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.
This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.
Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.
Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”
The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.
So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.
Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….
The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.
August 12, 2010
Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….
The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….
The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.
In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.
Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.
When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.
Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.
But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.
Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.
The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.
Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”
The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.
This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.
Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.
While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.
But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.
Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.
Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.
The fee is based solely upon the business model of the company, not the location of the company.
If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.
But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.
This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.
Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.
Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”
The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.
So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.
Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….
The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.
chi_shark
04-10 12:48 PM
hey, how about doing something a la steve jobs. each post should cost $0.99. ??? what say?
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