Facebook Accused of Improper H-1B Hiring Practices

Facebook finds itself in the crosshairs of the U.S. Justice Department, which has filed a lawsuit alleging that the social-networking giant abused the H-1B visa system.

In the 17-page complaint (full PDF text available here), the Justice Department alleges that, between 2018 and 2019, Facebook failed to properly advertise roughly 2,600 open jobs that it wanted to fill with H-1B workers. The average salary for these positions was $156,865. Legally, companies that hire H-1B workers must make every effort to hire a U.S. citizen first, which means advertising the position prominently via a number of channels. 

“Facebook’s standard operating procedure beginning no later than January 1, 2018, and continuing until at least September 18, 2019, was to rely on less effective advertising methods, designed to deter applicants,” the lawsuit reads, “including declining to advertise the positions on Facebook.com/careers, when recruiting for bona fide, permanent, PERM-related positions, based on its preference to give the positions to temporary visa holders.”

In addition, the Justice Department suggests that Facebook subjected applicants to “more burdensome application requirements” that were “designed to deter applicants” in order to “give the positions to temporary visa holders.”

Facebook issued a simple statement in response to the federal government’s action: “While we dispute the allegations in the complaint, we cannot comment further on pending litigation.”

In an article in Bloomberg, Howard University associate professor Ron Hira pointed out how those inadequately-advertised positions only drew one U.S. applicant at most: “U.S. workers want these jobs… The fact there’s only one or zero applications would be pretty shocking.” Indeed, that seems artificially low at a time when any technology posting can draw dozens, even hundreds of applicants. 

Over the past four years, the Trump administration has pursued a variety of actions designed to curtail use of the H-1B visa, which critics suggest is widely abused by companies seeking to hire cheaper workers. And for the most part, those initiatives have succeeded, at least if you go by the rapidly declining H-1B approval rate. Business services and consulting firms, which draw the bulk of accusations of underhanded visa practices, have been particularly hard-hit by these visa denials.

It hasn’t been until the last year of Trump’s term, however, that outright H-1B reform began to move forward. Over the summer, Trump issued a temporary ban on the H-1B and other visas (although that was shot down in court). That was followed by a sweeping Department of Labor (DOL) Interim Final Rule designed to recalibrate the system from the ground up, starting with the salaries that companies must pay their H-1B workers.

The big question now is whether a Biden administration will reverse many of these changes, or whether H-1Bs will remain curtailed in one form or another. The answer to that question could have a seismic effect on how tech firms hire in coming years. 

30 Responses to “Facebook Accused of Improper H-1B Hiring Practices”

  1. jake leone

    We have known about this tactic for decades, Google FAKE/Perm ads. Bush II, and Obama did nothing to stop it. It was never challenged by them in court. And the reason is as clear as the 100 million dollars in campaign contributions that Biden took from Big Tech over the summer. Career politicians are perfect okay with selling your job to the highest campaign contributors.

    And the article has some things wrong. Companies do not have to make “every effort” (really any effort) to find an American, before they hire a person on an H-1b visa. Even, H-1b dependent companies (>15% total U.S. employees in on an H-1b visa), such as InfoSys and Tata, do not even have to consider hiring an American. Even if the American wants the job and is willing to take a pay-cut to keep it.

    That is why the Offshore Outsourcing companies can force fully qualified, better experienced Americans (Citizens and Green Card holders) to train their H-1b replacements. It has happened at thousands of companies, notable cases are Disney, Southern California Edison, UC San Francisco,…

    Obama just let this $&!! happened, did absolutely nothing. And Obama and Biden, on numerous occasions, repeated the industry propaganda lie, that companies were having a hard time finding workers. When the data, clearly, was showing the complete opposite of that lie.

    It’s amazing what a career politician will do for a buck.

    The FACEBOOK-DOJ indictement lists 2600+ cases, where FACEBOOK had an overabundance of local talent that, that was more experienced and better qualified, than the foreign worker being snuck using FAKE/PERM ads. The San Francisco Chronicle, offered (FOR FREE) to post these FAKE/PERM job ads on their website (FOR FREE!!!). FACEBOOK refused to allow the Chronicle to post them.

    FACEBOOK had numerous instances, occuring at the same time, where a open positions (that had tougher requirements than the FAKE/Perm jobs), had dozens of extra fully qualified candidates, that FACEBOOK didn’t hire (because the open position had only one job). And FACEBOOK deliberately did not forward those better qualified candidates to the managers/HR that was handling the FAKE/PERM job case.

    This was done completely consciously by employees at FACEBOOK and FACEBOOK’s legal teams. They lied on FEDERAL forms when they said they had made a “Good Faith” effort to hire an American during the FAKE/Perm process, they undertook.

    When the truth is, FACEBOOK did everything it could do TO SAY THEY had not found any Americans, did everything they could do to NOT ACCIDENTALLY find an American, for any of these PERM/FAKE jobs. FACEBOOK did everything they could do (including refusing free job website job posting by the SF Chronicle) to keep the knowledge about the existence of the PERM/Fake jobs quiet.

    When FACEBOOK says they are doing everything they can to find and hiring Americans, they are lying. How on EARTH can we trust FACEBOOK in other situation where the public requires honesty from them? We cannot, FACEBOOK will lie when it suits FACEBOOK and whenever FACEBOOK determines it can get away with that lie, for the sake of corporate profit.

    They deliberately and probably with some malice and great scoffing within their offices, discriminated against Americans in the hiring process. They perjured themselves on Federal documents. They did this 2600+ times.

    And they have nerve to get up an say they can’t find qualified U.S. candidates.

    The scale of this is immense and so we can see, with great contrast the corruption they have stooped to in this massive discrimination case.

    This is probably how FACEBOOK generally operates, with malice, dishonesty, and great scoffing. They have stone poker face boss, perfect for the job of deceiving everyone, and that is why we have been so greatly fooled by FACEBOOK.

    If Biden drops this, he is an idiot. And here’s why:

    * FACEBOOK is making billions in profit per quarter. The tax implications of their cheating in the PERM process could be around a billion dollars. And by that, that would be the income tax on the people who were discriminated against as well as the pay differential.

    * FACEBOOK probably denied jobs to many techie minorities, and by opening up the case we can encourage better minority hiring at these companies.

    * FACEBOOK, is making billions each quarter, they won’t be hurt at all by paying up a big fine, which they are far more likely to pay up quickly than all the billions (in taxable profit) that FACEBOOK hides Offshore.

    FACEBOOK will want to settle quickly with Federal government. And an extra 400 million in fines is far cheaper than several billion is damaged reputation when they have to forward all the Emails and documents (which could expose other corrupt activity and enhance civil actions by the discriminated against job candidates). And heaven forbid, depose FACEBOOK executive in under oath examination and cross examination.

    So aim for 750 to 1 billion Joe Biden, you’ll get it. FACEBOOK will clean up its hiring program. and we will all be better off for it.

      • The only lame duck administrations where the ones before and soon to come after Trump. Every president was a sell out to corporate interests. Get you head out of a$$ when it comes to Trump derangement syndrome you drone.

        • SameTrumpLies

          It is exactly the Trumpiest that blame the past and now future presidents for the transgressions of the corporations that should be regulated – but wait – Trump doesn’t want regulations, he wants to de-regulate the entire country and use executive orders to carry out racist policy as only HE sees fit.
          Don’t let any other agency control anything, only the King is allowed to make decisions about what matters to Americans. Waste taxpayer dollars, loot the Treasury, raise the debt to its highest level in history, create chaos and disorder and then tell you that only HE has the knowledge necessary to stop the chaos, cage children, allow those caged children to be sexually assaulted (because they are refugees not real people so they don’t matter), lie about massive voter fraud and endorse conspiracy theories to allow for more personal financial gain from entranced followers, make multiple military decisions to benefit Russia, don’t pay taxes to this country but pay the taxes owed to China without a question, keep undisclosed accounts with banks in China, destroy relations with our allies and embrace despots from countries that are not our allies, call for the liberation of our own states that were in no way occupied or under threat of lost liberty, divide the country and create hatred for those that do not kiss the ring on his hand, refuse to denounce hate groups loyal to him, barracade the white house out of fear of American citizens, tear gas 100% peaceful American citizens to “dominate” them, deride women, deny science and bully anyone weak enough to fear his reprisals. Yeah…that’s one shining example of a President… How many convictions has his administration succumbed to..m 28 or so?
          I didn’t even mention the Trump Flu – it goes without saying that was what lost him the election and for good reason

          • Jake_Leone

            H-1b is a U.S. government program and many of its provisions are at the discretion of the Presidential administration. Right now the Offshore Outsourcing companies are facing a 50% rejection rate, should be 100%, but that’s about as far as a President can take it, unless:

            – #1You raise H-1b salaries to the average for skilled and experienced workers in their profession.
            – #2 You get rid of the Brain-Dead lottery and change over to a salary ranking.

            Right now, industry is fighting both of these changes. The first change will kick the Offshore Outsourcing companies out of the H-1b program, that will actually help Silicon Valley get more H-1b visas.

            The second change will make it difficult to game the H-1b system. With the current Brain-Dead lottery, Offshore Outsourcing companies just have to stuff in an excess number of H-1b requests. Thereby increasing the chances that H-1b visas will go to the Offshore Outsourcing companies.

            If Biden is smart, he will keep both of these changes. And it will speed up a recovery by preventing job losses and ensuring that demand for actually skilled labor is the reason why companies apply for, and win, H-1b visas.

            If he throws them out. For no other reason than spite. Well that will mean more H-1b visas will go to the Offshore Outsourcing companies, who will then continue stripping jobs from the U.S. economy.

            It’s the difference between being a 1-term President and being 2-term President, if there are no other calamities.

  2. jake leone

    In the recent past we have seen really damning information come out of FACEBOOK. The memo about preferring to hire people on an H-1b from asian countries (China and Korea) (over any American) for example, was really embarrasing. The memo claimed that by preferring H-1b workers (over Americans) Facebook would enhance their overall diversity (what a Crock that was).

    And FACEBOOK is facing what could be a brutal anti-trust examination.

    And the politicians are going to working hard to find way to extract concessions from FACEBOOK in order to get better control “Narrative” in private discourse. That’s a powerful motivation that people in power have and you need realize giving an opening to that is potentially deadly risk.

    And it is very likely, that as part of discovery, Email systems will be frozen and then tendered to the court for review. What we saw in the Silicon Valley no poaching scandal, is that this led to very expensive civil lawsuit and really embarrassing and frankly corrupt Email exchanges between Eric Schmidt and Steve Jobs, and Eric Schmidt and other Tech CEO’s, becoming public knowledge. And that has really damaged Eric Schmid’s public personna and political aspirations.

    We may well see similar kinds of damning information come out of FACEBOOK in such Email evidence gathering.

    I don’t think FACEBOOK would want to risk some of that taint making it more likely they get broken up or have to fight a big anti-trust case against the government.

    So frankly, I think FACEBOOK will settle for a billion (probably more) in this case in order to avoid such potentially damaging information leakage, by their amateur and newbie staff, which will cost basically the whole company and Zuckerberg’s potential Presidency.

    • US IT worker

      Well guess what now the hundreds of thousands of H1Bs that came here want to stay in the USA permanently. They are trying to pass HR 1044 Fairness for Highly Skilled Immigrants now. Passed Senate last week.

      That’s 1 million+ Indians and millions more on the way to US soil.

      In few years 50% America will turn brown. Nice going.

      • Jake Leone

        I don’t really care what color America turns out to be. That’s really racist thinking. Racist thinking is junk thinking, besides being immoral. Stooping to racist commentary is wrong, and you are wrong to interject this into the conversation. If you want to Troll-Fight over it, go ahead.

        But more seriously:

        Seems like if you put someone up for PERM, you should be required to use every free service that is made available to you (but apparently you are not according to the law). Facebook deliberately turned down the SF Chronicle’s free offer to post the job on their website. This would have cost Facebook no time, no money, and would have helped them in their search.

        What I am not sure about is what constitutes a “Good Faith” effort. Obviously, if it ever came to a jury trial, the 2600+ times Facebook said “No” when the Chronicle offered (for free) to post the job on their website. That would be seen as a “Bad Faith” effort, on the part of any jury.

        Facebook simply did not want to search for qualified candidates, that’s why they turned the Chronicle down.

        BTW, the H-1b process, also does not require that you hire an American. If you are H-1b dependent, and pay the H-1b worker 60k/yr or more, you can hire a person on an H-1b and replace any American at any job. You can hire the H-1b over better qualified American candidates. Even if the American is better qualified, wants the jobs, and is willing to be paid less. You can, legally discriminate against Americans, and hire only foreign workers, for jobs on U.S. soil, under the current H-1b law.

        That’s why companies like Infosys and Tata can have U.S. workforces that are 80-90% here under the H-1b visa.

        Literally, this fact about H-1b is often either not written about or is entirely lied about, when commentators say lies such as “employers must hire equally qualified Americans…before considering foreign workers via an H-1b visa” or other such lies. This fact about H-1b, and the fact that the PERM process can be retried indefinitely and has too many ways for employers to completely avoid having to consider the resumes of better qualified Americans (Which in the case of Facebook, they already had from other open job postings).

        Means literally, THERE IS ZERO PROTECTION in either the H-1b or the PERM Process to prevent an entirely foreign workforce taking every single tech job in the United States, today. Literally zero.

        And that same complete lack of protection makes it possible for Offshore Outsourcing companies to remove whole departments full of ordinary jobs in accounting, HR, support and all the supporting jobs. It literally happened every single week under the Obama administration. Trump has curtailed it somewhat, but only with great effort, and with the tech industry and COC fighting the changes tooth and nail.

        Did Facebook have to attest, on a Federal form, that they made a “Good Faith” effort? I don’t know. They obviously made a “Bad Faith” effort (just read the indictment) I would like to see the forms they filled out. Do they carry a Federal perjury charge, if you deliberately lie on the form.

        And there should be some limit to the number of times a candidate can do the PERM process. If after 2 attempts to pass the PERM process, Facebook found qualified U.S. candidates, each time. Then the PERM process should be suspended for a decade. Further, when PERM is suspended, the worker should not be allowed to renew their H-1b, indefinitely. They can try to convert to an O-visa, but if that fails, they are out. That was always the intent of the law makers that voted for these processes, the law should reflect this.

        BTW, putting a limit to the number of times you can attempt the PERM process, is far better than changing the per-country caps. Those per-country caps ensure diversity in this country.

        The PERM process has just become a way to stay in the country, indefinitely, even though you might never complete it, because companies always successfully “Not find” a qualified candidate. Fix the PERM process and limit the PERM process, beause this kind of insanity must come to an end.

        • No, true, but think about what minority group is getting hit hard by unemployment. You would think by at least protecting American workers, regardless of the colour of their skin, they would stand a chance against big corporate practices.

        • jake leone

          But why did it take an enlightened, Republican, party to finally realize that we need to also fully enfranchise people of African ancestry?

          Because, powerful business interests twist our very morality to suit their business needs. In this case, no doubt, the public propaganda is that we are bringing in immigrants, under H-1b, when nothing could be further from the truth. Because these particular immigrants are never fully enfranchised. The private truth, is that Facebook prefers people who are unable to leave their job, forever, because Green Card day never comes.

          The back propagation within the company is that we need “unlimited” H-1b visas. Never fully realizing, we want (not need) “unlimited” H-1b visas, because we want unlimited indentured workers, who can never leave.

          That’s what the DOJ lawsuit is asserting as the essential immorality in this case.

          If Facebook would hold a actual open competition for these jobs, they would find that they actually have numerous local STEM grads who are better qualified for these jobs. Getting that consciousness, of the real condition in the labor market, is critical to the proper functioning of a business within the legal and moral framework of the United States of America and our Capitalist system (which includes free labor, never again indentured, never again bonded, never again enslaved). And it is that way because several hundred thousand Americans (more than all other wars combined) gave their life to create that freedom in the form of the 13th amendment. And later amendments and laws which are meant to ensure that Freedom and a fully Capitalist economy (not some sick throw back to feudalistic times).

          The greatest dynamic in Silicon Valley, is that workers are free to leave their employer. And to form competitive companies. No doubt Steve Jobs mentored Mark Zuckerberg to find ways to prevent that Freedom. That Freedom which Steve Jobs and several other Silicon Valley CEO’s colluded to prevent. And did in fact enforce, brutally, and illegally.

  3. This should really come as a shock to no one. The only thing wrong here is that Facebook is singled out when more companies should be facing lawsuits. I’m pretty sure almost every corporation that hires tech workers on a full-time basis engages in this type of activity. Trying to apply for a full-time job rather than go through a temp agency/contracting agency is almost impossible and yet, if you’re on an H1-B visa, you seem to have a fast track to FT employment.

    The only area where H1-B applicants can’t work is in areas where you need a clearance and/or work on a base and even then, you’ll get whiny pleas from temp agencies asking to fill positions with foreign workers and you just have to laugh at the audacity.

  4. Only big employers left with penalties and small employers have penalties and jail together.
    It looks like whatever new laws to block H/L visa, there are Citizens to block it and help non-citizens. Recent development is H1B wage increase blocked, wanted to remove per country limit on green cards to flood US with Asians.
    There is no racism exists here. Every country look for the betterment of their own people first.
    Let H/L’s come, work on same wage level as Citizens for visa period and leave.
    Let post job ads for every job and if visa holder was hired, submit visa with recruitment details why others were not selected. It will be fair enough for everyone.

  5. Let’s see how Biden does. Most likely he will be following the foot steps of previous politicians like Obama and Bush and sell out the American worker. Biden is a politician and he will probably act like one with this issue. Despite Trumps antics and odd behavior, he did put up a fight for Americans first. Not saying he was such a great President, but someone has to stop this politicians from ruining the lives of Americans.

  6. So let me get this straight: Trump’s DOJ knew this was happening all along since 2018 and did nothing until now???, and now this lame duck administration is filling a law suit that surely will be withdrawn on Jan 21. Tump is mad at Facebook coverage of him and his campaign, he has zero credibility.

    • Jake Leone

      Actually it looks like Trump administration has been going after smaller companies, do the same thing, and getting small settlements (around 1 million average), involving an average of around 10 incidents.

      The only political aspect of this may be that the people doing the investigation at DOL and DOJ might be concerned that Biden will shut them down. This case is 260x bigger than those smaller cases where the DOL has been winning settlements. Theoretically it is worth about 260 million $ at face value.

      Probably significantly more to the Americans that were discriminated against, I would suspect if the indictment is unsealed, we will see numerous civil lawsuits, which be lucrative enough to pursue.

      The 2600+ cases are well documented. The people at Facebook (not wanting to be prosecuted for interfering with a Federal investigation) cooperated. Most other companies would fight such cooperation, tooth and nail.

      What the DOL found that Facebook made a “Bad Faith” when looking for qualified Americans when doing the PERM process, these 2600+ times. We know they did a “Bad Faith” effort, because Facebook refused to allow the SF Chronicle to post the job ads on the Chronicle website, which is a completely free service when you do a print ad with the SF Chronicle.

      We also know it was a “Bad Faith” effort, because the PERM jobs ads (which Facebook refused to post on the web, even when the cost for that posting was free, and only required they check a box, or not uncheck one)… The Perm job ads recieved 0-1 resume. While the jobs they posted on the web, that were similar (but had tougher requirements) were receiving an average of 100 resumes.

      For the web posted job ads, Facebook could not hire all the qualified candidates. The hiring managers said they would have, if they had the jobs, but in many cases the hiring managers for the openly advertised positions, had only one job.

      But HR did not forward the resumes of the qualified candidates to the PERM hiring managers (even though it would have only taken a click of the mouse).

      Deliberately ignoring the resumes of qualified candidates is the very definition of discrimination in Federal law. The DOL indictment describes this in detail.

      Biden would happily waste this chance to fix Facebook’s broken and corrupt hiring system. Now that the indictment has been published (it was published post election). Civil attorneys can take it up. Look for Facebook to settle quickly out of court. Lying on Federal forms (saying you did a good faith effort, when you deliberately made a bad faith effort, easily proven in this case) can get you jail time if you attempt to fight this in court.

      Biden will probably, now, try to extract concessions from Facebook on this. Don’t know what those could be, but people have been asking for greater censorship of commentators (which is patently un-American). The Biden administration has a 260 million dollar case, at least. And Joe Biden has no issues with using Federal money to gain protection from whatever entity can provide it to him (AKA Ukraine and the Hunter Biden influence scandal).

  7. So, Facebook said bad things about Trump and now he’s trying to get back at them. That’s how it’s been with him through out his failed presidency. Never about helping Americans, its ALWAYS about him. Don’t let the Whitehouse door hit him on the way out. Good riddance!

    • Jake_Leone

      The Trump administration has been pursuing, and winning, judgements against companies that do these Fake/Perm ads, for quite a while now. Typically companies settle for a fine of about 100k per violation.

      This particular case involves 2600+ violations. And it was announced after the election. If Trump wanted a political benefit from this, he would have announced it before the election.

      This is a 260 million dollar case, in fines alone. Facebook made a “Bad Faith” effort to let Americans know about these jobs. Facebook had no intention of hiring any Americans for these jobs. Facebook just didn’t want to accidentally recruit an American, for a job on American soil.

      Facebook had tougher jobs, that it advertised openly. Those jobs recieved an average 100 resumes per job opportunity. For these quiet, stealth, Fake/PERM jobs, Face recieved 0-1 resume. Because Facebook deliberately avoided the free services it had avaiable to itself (SF Chronicle website, and Facebook’s own job website!!!).

      Facebook would advertise only in print, in the SF Chronicle. The Chronicle offered to post the job in the Chronicle website, for free, Facebook said no (they could have just as easily said “yes”, but said “no” instead).

      Any jury, in the country would see that when Facebook employees signed off lying (on Federal forms) that they made a “Good Faith” effort, that jury would see that in fact Facebook made a “Bad Faith”, in fact deliberately discriminated against Americans, for jobs on American soil.

      The DOL indictment describes this, read it.

      I feel that the indictment was done now because a Biden administration would use the threat of it (but without public disclosure) as leverage to pull, unfair, concessions from Facebook, and then make the lawsuit quietly go away. At least now, private lawyers can get involved and sue Facebook for lost wages, as a class action law suit.

      Now that it is public knowledge, this will never going to go away. And Biden would be either corrupt or an idiot to not fine Facebook heavily (hey they make billions in profit each quarter) and get Facebook to stop discriminating against Americans, for job on U.S. soil.

      Zuckerberg does not care for America or our laws. He laughs at them. This guy HAD political aspirations, what faker he turned out to be. We can’t let these kinds of people have influence on our political system, yet here we. Because they have money they can buy-off any career politician. And the American people, and the American economy suffer greatly because of this.

      You know have you have ads all over anything you read on the internet. And how news organization are afraid to speak the truth about products, businesses that support them. Well our career politicians suffer from the same kind of mixed/dubious loyalty. It’s a phony, bought off government we have in the U.S., and politicians like Biden are like the poster child for this.

      Biden took 100 million dollars in campaign contributions from Big Tech.

    • David Schmidt

      Yea, right. It’s all Trump’s fault. All of this was known by everyone day one. Biden will put Americans’ well being first, especially in these trying times, just like Obama did.

  8. Not only Facebook, many companies bring indians portraiting them as “engineers” to do jobs that someone working in Walmart can do. This indians once placed in here are promoted and when hold managerial positions hire more indians, they tend not to choose people from other nationalities. At the end, a big indian mafia is created on companies which don’t care while they pay less for someone that got a degree in a cheap university in India and leave local young people with huge debts for studying in the U.S. The future for the US youth is to work on amazon fulfillment centers while the indians get the good jobs. I’m not a Trump supported but to limit this abuse was one of the good thing he did, we need to recognize that. Biden probably will accept any request coming for the Indian Google Picchai, Teen Crook, Jeff Bezos “The bald martian” just to name a few companies but the numbers are staggering. At this pace one day Dwali will be a national holiday in the US.

    • The last two companies I worked at – Diwali greetings sent out in an email blast to all employees, nothing for Thanksgiving or Christmas. Along with current management who have said openly they are only hiring H1bs. Report them. Call the ICE reporting line. It’s anonymous.

      • US IT worker

        The last 2 companies I worked at where 90 % of IT staff is H1B ,they put up shrines or mini museums dedicated to Hindu gods.

        They even had a 50 ft statue of that blue thing with 8 arms.

        This should not be happening at an American company.

    • US IT worker

      Noticed H1B’s go to mostly males. They bring mostly younger males under the age of 30 onsite and have them trained by their senior engineers.

      This is what they call the ” US experience ”

      Not only are they taking jobs but gaining valuable real world work experience. By the time they are done being groomed they will have more experience than the American counterpart.

      Now who is the American manager going to choose ? The American kid with college degree and no experience or the highly trained foreign one ?

      This is why H1B is dangerous. And this foreign employment issue is now turning into a massive immigration problem.

  9. See the executives for https://itserve.org/board-members/ , mostly Indians. Kind of the make up of most IT shops. IT’s big-three (Cog/Infosys/Wipro). They get legitimacy with congress as their members represent a significant number of IT workers (Indians, that is).
    They are the first in line to sue over any h-1b clamp downs.
    https://itserve.org/blog/a-ground-breaking-win-for-itserve-against-uscis/

    India is a very corrupt country and they know how to game the system.

    At the beginning, in 1999, it was no question that they were the low-cost option. Remember Year 2000, it was mindless work coding thousands of programs (If ccYY > 50 then 19yy else 20yy). After 20 years, they have assimilated IT culture, become US citizens and risen to the ranks of hiring manager. It’s a fore-gone conclusion.
    In the guise of the “knowledge transfer”‘s, Americans taught them our applications, documentation and even helped with coding techniques. Americans were too transparent and never Racist. How the tables turned, now it’s the opposite.

    India has 1.3 billion people, only the best of the best get selected for H-1b.
    https://www.forbes.com/sites/stuartanderson/2020/06/29/uscis-estimates-h-1b-visa-numbers-but-ignores-green-card-problem/?sh=68dda1010994

    I’m not blind, the system has become complacent. I have seen the bloated (all over the place) job requirements that nobody could master – to make it easier to deny Americans supposedly based on experience criteria. Worse, when CEO’s every other year decide there are too many Indians, they hire token Americans. The American’s don’t have a chance, because the Indian’s are cliquey and don’t share information outside of their clique. Their spouses take low-wage jobs for the generous health insurance benefits for the family (from the few corporations that provide decent benefits).

    Basically, American’s are screwed. Maybe there was a point of return in 2005 and 2010, but when the hiring manager or recruiter is Indian, we know their preference, even if it goes to the less-experienced Indian.
    Unionizing would help, but it’s too late.

    I was laid off in 2014 and gave up on the IT field, my calling when I began in 1988. These statistics are not recorded.

    • Jake_Leone

      Every country has its goals. I think the U.S. shouldn’t be afraid to tariff, or halt, IT imports. If for no other reason than India Tariffs already expensive Harley’s (300%).

      We can tariff anything we choose to, we just need to do it with the intent to open up markets to our domestically produced products.

      Tech is still a huge field. We haven’t begun to create general home automation/robots.

      Further the U.S. should consider dollar devaluation relative to other currencies. We can do that by limiting some kinds of speculative investment by non-americans (for example buying existing housing/apartments). Just doing that would make the dollar worthless to investors from Asia, and in doing so make all Americans seem like cheap workers.

  10. The big tech, not at any level of management, has been interested in protecting the interests of American people. That being said, none of the other industries have shown any inclination in doing so. Be it the farming industry or the animal husbandry industry. Some depend on illegal immigrants, some depend on bringing h1bs. Its the same one way or the other.. Political campaigns take monies to make borders porous to advance their paths to succession. The media will probably be brutal about someone not co-ordinating to gaming the system.