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  • 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.




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  • bp333
    03-04 12:20 PM
    Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.

    My application is filed with Texas Service Centre.




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  • TeddyKoochu
    09-07 11:39 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it’s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let’s accept that they know how things work. Life is about learning and then What Next? It’s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran’s you give us the motivation to hang on. OP you seem to have started a nice discussion.




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  • chanduv23
    10-16 04:42 PM
    good post - add a poll to it



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  • ab_tak_chappan
    08-15 08:53 PM
    do u expect people to stick around even they get their GC? come on dude.. once anyone gets a GC they start working towards their next target. I don't see anything wrong in it:D:D
    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?




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  • pappu
    08-15 12:43 PM
    more op-eds

    http://immigrationvoice.org/forum/showthread.php?t=1442

    alterego, could you send me your contact email id and name
    ===



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  • Jaime
    09-12 04:45 PM
    Will do more tonight




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  • Eb3_frustrated
    04-25 02:44 PM
    learining01,

    if you dont like an idea, learn to let it go by, please do not try to impose your thoughts or enforce your will.

    All members can suggest ideas, some are pratical, some are not. If you do not like an idea just let it go by....



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  • newbie2020
    05-02 11:00 AM
    Do we also need to contact the Senate Judiciary committee for any of these bills yet


    http://judiciary.senate.gov/subcommittees/110/immigration110.cfm




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  • eb3_nepa
    07-06 12:13 PM
    They are covering their STINKIN A**



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  • abhijitp
    07-06 02:48 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________

    I second that!




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  • drak70
    09-13 07:04 PM
    contact all major TV channels and newspapers.... (phone /email)

    Dear All


    The website
    http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address

    depends on javascript to force you to send only 5 messages at a time.
    here is small shortcut:So switch off javascript
    on IE go
    Tools>Internet Options>Security>Internet>Custom level>Scripting

    Close the browser and open it for again for your state.


    also the format is like this if you want to send numerically

    http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3


    the "&mediaid=1" seems to be the repeating unit except for the number
    my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size


    drak70



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  • GC_Optimist
    09-29 11:59 AM
    By not utilizing all the visa numbers USCIS is creating artificial scarcity
    leading to huge Backlog. I think this needs to be highligted to the
    lawmakers. or Administration.




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  • espoir
    07-19 01:02 PM
    Just Signed up for $100/month recurring contribution. upgrade from $20/month in addition to $300 one time contribution in june.



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  • ggyro
    07-20 06:30 PM
    Apparently, a similar attempt was made to attach it to HR 2669. The defense bill and ammendment in the defense bill stand (to the best of my knowledge)




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  • lalithkx
    09-05 08:07 PM
    I agree with the above posts, they are stealing money by having stupid charges. Why do you need to charge a customer Rs.400 for changing his account password. It is absolutely ridiculous! Compare that to a bank in US, you just go online and change the password. Also, they have 2 passwords one called Account password to login to the account and another called Transaction password for making any transactions. So the more number of passwords you have the more you tend to forget either of them and they can charge you Rs.400 for each password reset!:mad:

    I had the same experience with ICICI for password change. They wanted 1% fees for Loan sanction



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  • gctoget
    07-28 10:58 PM
    Hello everybody,

    Just came back from the SoCal IV meeting today which was held at Woodlands,Artesia between 3:00 to 4:30 P.M today. It was nice meeting all the 14 members from IV. I am pretty sure Drona will post the minutes of meeting pretty soon!

    Gctoget




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  • ashutrip
    06-27 05:56 PM
    Congrats skillet! Really great news!
    Any march approval?




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  • asanghi
    04-30 02:31 PM
    Is there audio?

    No audio. Just deafening silence (deafening because of high level of background noise). I thought they aren't saying anything.




    newbie2020
    05-02 02:45 PM
    I don't see Visas Recapture bill going any where.

    It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.

    I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.

    Hope for any legislative changes only in 2009 and beyond and not in 2008.


    It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.

    by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.




    sidbee
    08-13 11:19 PM
    This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
    -----------

    http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
    -----------
    Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.

    ADVERTISEMENT

    Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants


    Thats why USCIS/DOS are trying to make EB2 current , so that they all can buy houses and save the economy :-)



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