Programmers Guild H-1b Visa Reforms

January 29, 2013

Programmers Guild H-1b Visa Reforms


Increase innovation through H-1b Reform, not H-1b Expansion

The U.S. Senate, led by Senator Orrin G. Hatch, Utah, is currently drafting legislation that would vastly increase the number of H-1b workers without adding any displacement protections for U.S. workers. These U.S. Senators are siding 100% with multi-national corporations and 100% against American tech workers. Details of this pending legislation are summarized in the 1/29/2013 NY Times article pasted below.

Only a small percentage of H-1b workers are “innovators.” It may take skill to fill a tooth or maintain an obsolete business billing software – but this is not innovation. More often H-1b are averaged skilled immigrants willing to work for below average wages – with the benefit to the employer that they are indentured – they do not have the same freedom to seek a better job while their green card is being processed. The best solution to the misuse of H-1b is to set $100,000 minimum wage.

Roughly 400,000 of the 1.6 million BS degrees each year are STEM – up from 320,000 just a decade ago. These are predominately Americans and are more than the U.S. job market can absorb: During the past decade STEM employment increased by only 60,000 per year – less than the number of foreign workers entering each year. Only top graduates from top schools are considered by major employers such as Microsoft, Intel and Google – and these employers receive far more applications than their HR departments can manage. We don’t need additional foreign STEM workers – there is no “shortage.”

Congress should also consider the interests of American workers. The Programmers Guild calls for some basic U.S. worker protections within these expansions of the H-1b program:

1) All H-1b workers must be paid a salary of at least $100,000. This deters employers from misusing H-1b as a source of cheap, low-skilled, labor at the exclusion of new U.S. graduates. This salary floor is consistent with what Microsoft pays new hires. (“A typical new hire for a Microsoft programmer or software-engineer position might command a salary of $100,000 to $120,000…” in the article below.) Currently DOL is approving H-1b as low as $5 per hour for kitchen help in Saipan, and many low-skilled jobs in the $12 to $16 per hour wage range.

2) All H-1b positions must first be advertised and in good faith made available to qualified Americans. For too long Congress has allowed employers to hire H-1b regardless of whether qualified Americans could fill the positions. Currently the PERM (green card) recruitment occurs after the position has been filled by an H-1b worker. Obviously recruitment should occur before a foreign worker is hired.

3) Add a $3000 per year fee to every H-1b visa. Microsoft advocates a $10,000 fee, but we feel that is unfair to employers who only need an H-1b worker for short term. This is a relatively small fee in relation to the full cost of employing at top-skilled tech worker. (Microsoft claims to pay $20,000 signing bonus and $50,000 in stock options – see article below.)

4) Green card process should be independent from employer at a specific job on H-1b.The largest users of H-1b are foreign corporations managed by citizens of other countries, creating the absurd situation that the U.S. is allowing citizens of other countries determine who will become U.S. citizens. The key basis employers use in deciding who to sponsor for GC is who they want to keep indentured for a long period. This is not related to the GC candidate being exceptional in any way.

Guild members will be asking their Senators to amend H-1b to include these provisions, and demanding an explanation if these basic protections are not added.

Bill Sponsors – contact to ask that they include the above provisions:

  • Senator Orrin G. Hatch, Utah  – 202-224-5251
  • Senator Marco Rubio of Florida – 202-224-3041
  • Senator Amy Klobuchar of Minnesota – 202-224-3244
  • Senator Chris Coons of Delaware – 202-224-5042

IEEE-USA also opposes this expansion of the H-1b program. U.S. Workers have been excluded from these back-door negotiations with industry lobbyists.

Regarding the 6000 openings a Microsoft, they have thousands of unfilled positions even when H-1b cap is not reached. Microsoft does not recruit at any of the 23 California State University campuses – for example. Microsoft needs to do a better job matching the tens of thousands of applications they receive with their openings.

Among the corporations advocating more H-1b is Hewlett-Packard. But they have laid off 3000 workers just at their facility in Roseville CA (near Sacramento) and have had only a few opening over the past several years. Check Craigslist and newspaper classifieds for evidence there is no shortage of tech workers.

Mr. Kim Berry


Microsoft offers U.S. big bucks for H-1B visas

With Congress reluctant to admit more skilled workers from overseas, Microsoft is offering to pay millions of dollars for the right to hire more foreigners, with the money going for educational training to eventually fill those jobs with Americans.

By Kyung M. Song

Seattle Times Washington bureau

September 27, 2012


WASHINGTON — Faced with 6,000 job openings and Congress at loggerheads over whether to admit more skilled workers from overseas, Microsoft on Thursday offered a twofer solution — charging employers millions of dollars for the right to hire more foreigners and using the money for training to eventually fill those jobs with Americans.

The proposal, which Microsoft unveiled in Washington, D.C., is the company’s most public foray into the ongoing ideological battle over immigration reform and quotas on temporary H-1B visas for highly skilled foreign labor.

In doing so, Microsoft attempted to sidestep such controversies as citizenship for undocumented immigrants that led Senate Republicans to block a comprehensive overhaul bill in 2010.

Instead, the Redmond software giant framed the issue in stark economic terms: In a nation beset by high unemployment rates, jobs with six-figure salaries are going begging for qualified hires, particularly minorities.

For instance, the U.S. is expected to add an average of 120,000 computer-related jobs requiring at least a bachelor’s degree for each of the next 10 years. But colleges and universities are minting half as many graduates as needed.

“It’s a problem that’s approaching dimensions of a genuine crisis,” said Brad Smith, Microsoft executive vice president and general counsel. Smith held a briefing for reporters at Microsoft’s D.C. office on K Street before his speech at the Brookings Institution, a nonpartisan think tank.

The proposal would likely face an uphill climb in Congress, at least for now. Just last week, House Democrats helped defeat a Republican bill that would have granted permanent residency to 55,000 high-tech workers each year by diverting green cards that now go to less-educated foreigners via lottery.

Microsoft is calling on Congress to grant 20,000 new H-1B visas each year solely for jobs in science, technology, engineering or mathematics (STEM). The current annual cap is 65,000 visas, about half of which are claimed for computer-related occupations.

Microsoft requested an average of 4,100 H-1B visas annually between 2010 and 2011, more than any other corporation.

Additionally, Microsoft wants the federal government to release 20,000 green cards each year from an accumulated pool of a half-million unused ones so high-tech workers could remain in the United States as permanent residents. Without a green card, an H-1B visa holder’s stay is limited to a total of six years.

Although Microsoft offered the plan only in its name, Smith said other employers and trade groups share its concerns about the skills gap. Failure to meet the labor challenge, Smith said, would only push high-tech American jobs abroad.

Smith said companies could pay $10,000 for each of the additional 20,000 H-1B visa reserved for STEM occupations. Large employers now pay $1,500 apiece, along with several thousand dollars more in various fees. For green cards, the fee would be $15,000.

Altogether, Smith said, the fees would bring in $500 million a year.

Microsoft also detailed how that money might be spent. It called for hiring and training more STEM teachers for kindergarten through 12th grade and making advanced-placement computer-science courses available in 95 percent of U.S. high schools that lack them, among other things. It also said colleges should expand their enrollment capacity for STEM applicants, particularly in computer sciences.

Smith called the new $10,000 fee for an H-1B visa a small one-time investment.

A typical new hire for a Microsoft programmer or software-engineer position might command a salary of $100,000 to $120,000, plus a $20,000 signing bonus. Add $50,000 in stock options, plus the cost of an office and other expenses, Smith said, and the total cost might add up to $200,000.

Smith argued that small companies and startups should be able to bear the higher fees just as easily, since salaries don’t vary significantly across companies.

But Jacob Kirkegaard, research fellow at the Peterson Institute for International Economics in Washington, D.C., said raising the fee to $10,000 could give Microsoft a recruiting edge against India-based outsourcing companies whose payrolls are heavy with workers brought over on H-1B visas. One such company, Tata Consultancy Services, is the second-highest user of H-1B visas behind Microsoft, according to a Brookings report.

Kirkegaard said he agrees with Microsoft’s dual approach, that the United States needs both more high-tech workers and more and better STEM education. Nonetheless, he said it was unlikely that Microsoft’s piecemeal solution would get anywhere in Congress.

An immigration overhaul has been repeatedly thwarted by various factions in recent years. Among them are Hispanics and some Democrats who want to link H-1B visas to creating a pathway for citizenship for people brought here illegally as children, Republicans who oppose expanded immigration, and labor unions that fear foreigners will displace American workers.

“The best Microsoft can hope for is that this proposal becomes part of such a new comprehensive immigration reform to be initiated after the election,” Kirkegaard said.

Ali Noorani, executive director of the National Immigration Forum, a pro-immigration advocacy group, agreed Microsoft’s proposal addresses only one part of the nation’s need for temporary workers of all skill levels.

“Addressing the labor needs for technology firms in Silicon Valley will not help the Georgia farmer whose onions are rotting on the vine,” Noorani said.

Skilled Science Workers at Focus of Second Senate Proposal on Immigration


As one bipartisan group of senators released its blueprint on Monday for a comprehensive overhaul of the immigration laws, another group in the Senate was ready to present a proposal addressing one dysfunctional aspect of the system: a shortage of visas for highly skilled immigrants working in science and technology fields.

Four senators, led by Orrin G. Hatch, a Republican from Utah, will introduce a bill on Tuesday that would greatly increase the number of temporary visas available for those immigrants, and would also free up permanent resident visas, known as green cards, so more of those immigrants could settle in the United States and eventually become citizens.

The bill will be the first legislation introduced in Congress on immigration in a year when the once-toxic issue has gathered surprising political momentum. Lawmakers who have shied away from it in recent years are now offering proposals that they are framing as practical solutions to fix a failing system.

Major technology employers like Microsoft, Oracle and others have been calling for years for more visas for foreigners with computer, engineering and mathematics skills, saying they have more jobs than they can fill with Americans who are graduating in those fields from American universities. White House officials and lawmakers on both sides of the aisle acknowledge that a broad overhaul, including a pathway to citizenship for 11 million illegal immigrants, would have a better chance at attracting votes for passage, especially among Republicans, if it had vigorous support from business.

A group of eight senators, led by Charles E. Schumer of New York, a Democrat, and John McCain of Arizona, a Republican, on Monday unveiled principles for an overhaul that focused on solving illegal immigration, with increased border security and measures to give legal status to illegal immigrants. Their blueprint referred to changes for highly skilled immigrants, without specifics.

The bill by Mr. Hatch’s smaller group, by contrast, is a detailed plan to recalibrate the high-skilled visa system. It would immediately increase the cap on temporary visas for those immigrants, known as an H-1B, to 115,000 a year from the current maximum of 65,000. It would also create, for the first time, a “market-based” system that would rapidly increase the numbers of those visas if the supply ran out, to a maximum of 300,000 H-1B visas in one year.

In the boom before the recession took hold in 2008, there were several years when businesses snatched up all the available H-1B visas in a few days. The market mechanism in Mr. Hatch’s bill would lower the cap on temporary visas if demand from employers declined.

Also sponsoring the bill are Senator Marco Rubio of Florida, a Republican who was among the eight senators endorsing the broader blueprint, and Senators Amy Klobuchar of Minnesota and Chris Coons of Delaware, both Democrats.

In a statement on Monday, Brad Smith, general counsel and executive vice president of Microsoft, said the company “strongly supports efforts to permanently reform our high-skilled immigration system and enact broad immigration reform in 2013.” He enumerated measures the company would like to see in any legislation, including all those in Mr. Hatch’s bill.

Randel K. Johnson, senior vice president of the United States Chamber of Commerce, said his organization had worked closely with the senators on the bill and would send “a letter of strong support.”

Ms. Klobuchar said immigrants had brought new ideas and businesses to the United States. “I truly believe we have to be a country that makes stuff again, that exports to the world,” she said in an interview. “To do that, we have to have innovation.”

“Sadly,” Ms. Klobuchar said, under the current system “we have been training our competition,” because many skilled immigrants were forced to return home after studying and working in the United States.

Mr. Hatch, who fought off a re-election challenge from the right last year, has not said whether he would support comprehensive legislation including legal status for illegal immigrants. Ms. Klobuchar and Mr. Coons said they expected their bill would become part of the broader overhaul.

The bill would allow spouses of temporary immigrants to work, a change that would bring relief to many foreigners — many of them educated women from Asian countries like India — whose careers languished when their spouses came to work in this country. The bill would make it easier for temporary immigrants who are tied to one employer to find a new job if their first job did not work out.

It would also tinker with the system to make more permanent resident green cards available for immigrants in science and technology fields, but without increasing the number of green cards over all, something many Republican lawmakers are loath to do. It would allow the immigration authorities to distribute as many as 300,000 green cards that went unused over the years because of twists in the system.

The bill would make changes to ensure that a much higher percentage of 140,000 employment green cards available each year would go to the skilled immigrants, and not to their family members, as happens now.

Responding to insistent demands from universities, the bill would make an unlimited number of green cards available for foreigners graduating from American universities with advanced science and technology degrees. It would increase visa fees and use the money for training programs for Americans.

Some employee groups said they would oppose the bill, saying the large number of temporary immigrants would undercut wages for Americans. “America is a nation of immigrants, not of guest workers,” said Keith Grzelak, vice president of the IEEE-USA, which represents more than 400,000 engineers.


Guild Response to H-1b increases proposed by Mark Zuckerberg's

April 15, 2013


Guild Response to H-1b increases proposed by Mark Zuckerberg’s

Programmers Guild asks its members to become active on the Facebook page and respectfully refute Mark Zuckerberg’s agenda with facts and personal accounts – seems appropriate to use FB against him: Facts can be found in the January 2013 press release at – and in the yellow box below. Double Standard

Zuckerberg essentially advocates open border anyone who wants to come to USA and work in STEM should be admitted. Fair enough – as long as Facebook institutes a policy “any American with a STEM degree and at least a 3.5 GPA that wants to work at Facebook shall be hired.” You would find a double-standard – Facebook wants to remain exclusive who it lets into its borders: You would find blatant age discrimination. You would find favoritism given to “friends of insiders.”

Until key STEM employers agree to hire all qualified U.S. applicants that apply, Congress should reject their calls for increasing the quota foreign workers coming to the USA. Facebook, Google, Microsoft and others are rejecting tens of thousands of highly qualified U.S. applicants each year without even conducting an interview – often without a hiring manager or even a human – reviewing the qualifications.

Analysis of is an organization founded by several multi-millionaires that advocates for a wide range of CIR objectives, including Amnesty, the DREAM act, and H-1b liberalization.

The website includes a statement by Mark Zuckerberg – bemoaning that the U.S. offers “so few H-1b visas” Mark does not suggest what the H-1b quota should be and ignores BLS data on the number of STEM jobs being created each year. Mark doesn’t address any of the substantive H-1b issues: That most are “entry level skill”; That H-1b are being hired for a lower salary even when more qualified Americans apply; That the top users of H-1b are foreign outsourcing firms; That DOL and USCIS are currently conspiring to reserve 85,000 U.S. job openings for foreign workers until October 2013 without disclosing those openings or ever allowing qualified Americans to apply for them.

Mark fails to think outside of the box to fully grasp the problem and consider alternative solutions other than “raise the cap.” He states that “each H-1b creates two or three American jobs” – failing to explain why hiring American STEM workers would not have the same effect. (Very few H-1b are doing the “innovative” work that creates any jobs – “H-1bs create jobs” is an industry PR myth.) A letter signed by 100 CEOs including Zuckerberg has the same failing – they call for “more visas” rather than for reforms that would increase the percent of exceptional workers within the current cap.

Mark fails to explain why U.S. taxpayers are funding the education of foreign nationals in the first place:

Posted by Mark Zuckerberg on April 11 2013

To lead the world in this new economy, we need the most talented and hardest-working people. We need to train and attract the best. We need those middle school students to be tomorrow’s leaders.

Given all this, why do we kick out the more than 40% of math and science graduate students who are not US citizens after paying to educate them? Why do we offer so few H1B visas for talented specialists that the supply runs out within days of becoming available each year, even though we know each of these jobs will create two or three more American jobs in return? Why don’t we let entrepreneurs move here even when they have what it takes to start new companies that will create even more jobs?

We need a new approach, including:

– Comprehensive immigration reform that begins with effective border security, allows a path to citizenship and lets us attract the most talented and hardest working people, no matter where they were born

The website doesn’t call for any specific H-1b reforms – just general priniple:

  • Comprehensive immigration reform that allows for the hiring of the best and brightest.

That could be achieved by implementing the Programmers Guild proposal of setting H-1b minimum wage at $100,000 – consistent with what Microsoft claims to pay a “typical new hire for a Microsoft programmer or software-engineer position.” But I suspect that’s not what Zuckerberg has in mind (not as if he cannot afford to pay a fair wage.)

400,000 Americans get STEM degrees each year – Already H-1b are filling most of the new STEM jobs being created in the USA!

  • 400,000 Americans graduate with a STEM degree each year
  • 77,830 “Computer and Mathematical Occupations” jobs are projected to be created each year
  • 85,000 H-1b enter the job market each year

Where is the “shortage” of STEM workers?

In calling for “more STEM graduates” ignores that 400,000 Americans graduate each year with STEM degrees – far more than the job market needs.

REFERENCE: (380,000 BS STEM) and (showing that of the 380,000 BS STEM grads, only about 20,000 are foreign students.) Add the Americans in graduate and PhD programs, and the number is close to 400,000 Americans each year.

Meanwhile BLS projects that only about 77,830 “Computer and Mathematical Occupations” and 25,280 “Architecture and Engineering Occupations” jobs will be created each year between 2010 and 2020. There is nothing exceptional about this increase: Healthcare, Community and Social Services and Construction sectors are projected to have a higher rate to growth:


Congress is currently giving away most new American STEM jobs to foreign workers!

Zuckerberg’s vision of using his wealth and power to undermine democracy leaked to Politico

Money should not buy legislation in DC. But Industry has the money, and Congress continues to pass bills beneficial to Industry without the impacted U.S. Citizens having a voice in the matter.

Zuckerberg Exposed

Quoting from Politico – April 4, 2013:

. . . That plan, sent to board members and staff, was written by Joe Green — one of Zuckerberg’s Harvard roommates and the man the young billionaire tapped to lead his group. But before the group’s unveiling, Green has apologized for the plan’s phrasing and several claims which he now says aren’t right.

The prospectus, obtained Thursday by POLITICO, states that Microsoft founder Bill Gates and Silicon Valley investor Marc Andreessen are founding members of a group named “Human Capital” and details how the technology executives would use their companies to “control the avenues of distribution” for a political message in support of their efforts.

Under a section called “our tactical assets,” the prospectus lists three reasons why “people in tech” can be organized into “one of the most powerful political forces.”

“1: We control massive distribution channels, both as companies and individuals. We saw the tip of the iceberg with SOPA/PIPA.

“2: “Our voice carries a lot of weight because we are broadly popular with Americans.

“3. We have individuals with a lot of money. If deployed properly this can have huge influence in the current campaign finance environment.”

. . . After being told the plan had leaked Thursday, Green issued a statement to POLITICO apologizing for the language and inaccuracies in the prospectus.

Why Zuckerberg favors granting Amnesty to 10 million predominately unskilled illegal workers without first giving unemployed Americans a chance to fill this jobs escapes me. Very few illegals are doing “farm labor” – very few are doing jobs that “Americans cannot or will not do.”

Zuckerberg and in the news:

CIR is not “Comprehensive” unless it ends “anchor baby”

My personal view regarding CIR is that any comprehensive reform should end “anchor baby” and the practice of pregnant Chinese tourists arriving with the primary intent of having a “U.S. Citizen baby”  – but this doesn’t seem to be on the gang-of-eight’s table: CIR is being driven by industry lobbyists who are pushing to maximize the guest-worker low wage workers that will be available to further enrich themselves.

Mr. Kim Berry
Private Cell: 916-769-4170 (Media only please)


The Programmers Guild advocates for the interests of U.S. computer programmers and other tech professionals. The Guild is advocating for some basic U.S. worker protections within the current Industry push to expand the H-1b program. See for more information.

Programmers Guild Platform
Comprehensive H-1b Reforms that Failed to Suggest

a) Fix the flawed prevailing wage that allows wages 25% below what average-skilled American would earn. [3] Programmers Guild advocates for minimum wage of $100,000 for H-1b workers – this is a fair wage for “best and brightest innovators with skills beyond what Americans possess.” It’s absurd that H-1b quota is being filled to bring in $5/hour kitchen help. [1]

b) Add requirement to first transparently recruit Americans before a position could be filled by an H-1b, L-1, or OPT foreign worker.

c) Programmers Guild opposes the “lottery” [4] which gives equal preference to $12/hour pharmacy technicians as $70/hour genetic researchers. Instead USCIS should accept applications for 60 days and then give priority to the most highly skilled (determined by salary).

d) Oppose stapling green cards. Roughly 400,000 Americans graduate with STEM degrees each year, but they find a difficult job market for “entry level” skills. “stapled green card” foreigners possess no special skills. They have no work experience. The current proposal does not distinguish between a truly exceptional candidate and a “C-” student that few employers would hire – Congress makes the false presumption “because they are foreigners they must be brilliant – because they muddled through an MS program they must be brilliant.”

e) End the financial incentive for employers to hire OPT foreign grads over Americans: Currently employers are exempted from contributing Social Security (FICA) and Medicare tax on these foreign workers, creating an unfair advantage against Americans.

f) Getting a green card should be decoupled from employer sponsorship: Employers are not deciding who to sponsor based on whether the person is an “exceptional innovative” candidate, but rather on a desire to keep that worker indentured in their current job. It has created the absurd situation of foreigners working at foreign corporations sponsoring each other for U.S. citizenship. Instead expand the “extraordinary green card” process – not perfect, but better than the current sham of PERM recruiting abuse and indenturing workers at wages and conditions that Americans would not accept:


  1. DOL approving H-1b for a low as $5 per hour
  2. NBC News article on Extraordinary Green Card Process
  3. Large H-1b user acknowledging in 2006 that ability to pay H-1b 25% below market wages was their “competitive advantage” against firms that hire American workers
  4. Programmers Guild alternative to Lottery proposal in 2007
  5. Hire Americans First – Hundreds of H-1b Harm Testimonials by American workers
  6. Lawmakers hear from CEO opponents of H-1Bs


[Profiles/Photos of the dozen founders]

About Us is an organization started by key leaders in the tech community to promote policies to keep the United States and its citizens competitive in a global economy—including comprehensive immigration reform and education reform.

Improving Our Future believes the global economy is changing and America must make significant changes to stay ahead. We will work to encourage Congress to focus on policies that maximize the potential of our country’s workforce to contribute to the knowledge economy.

This campaign will harness the best of new and old organizing tactics. We will use online social organizing, which many of our founders pioneered, to build a movement in the tech community, while engaging in direct advocacy at the state and district level to support members of Congress, regardless of party.

Our Principles

·                           Comprehensive immigration reform that allows for the hiring of the best and brightest.

·                           Education reforms that produce more graduates in the science, technology and math fields and ensure all children receive a high quality education from effective teachers and accountable schools.

·                           Support for scientific research, which seeds the future innovation of our knowledge economy, and breakthrough developments.


Five Staffing Firms Chase One Temp Job at Honeywell


Five Staffing Firms Chase One Temp Job at Honeywell

Contact: Mr. Kim Berry – President of 

SACRAMENTO May 27, 2014 – Five staffing firms are competing to fill one seven-month temporary position at Honeywell, according Programmers Guild, a U.S tech worker advocacy organization.  “There are too many temporary staffing agencies creating too many want ads for  jobs they don’t even own – it’s their client that creates them – and often it’s the client who will decide who is ultimately hired,” according to Kim Berry, president of the Guild.  Companies competing to fill this one position at Honeywell in Pennsylvannia were Acro Service Corporation, Michigan, Artech Information Systems, New Jersey, Collabera, New Jersey, GDKN, FL, and Experius Manpower, Wisconsin.

Kim Berry, president of the Programmers Guild, equates this widespread re-marking of job openings to concert ticket scalping. “These middle-men add nothing of value, but have the goal of maximizing their take by finding candidates willing to work for below market wages. These companies rely on two conditions that hurt U.S. workers–high unemployment and the elimination of permanent jobs.”

Within hours of activating his resume on, an American worker reported that he received several emails from different staffing agencies, regarding a temporary “lead hardware engineer” position at Honeywell in in Fort Washington, Pennsylvania. According to this worker:

  • All contacts were for the same temporary position at Honeywell, approximately 6-months long.

  • The job description cites that “Persons will be working on a Team locally and with a Team in India.”

  • The hourly W2 Contract rate of $55 per hour seemed below market for a lead position requiring 6-10 years of experience.

The American job seeker and member of the Guild speculates that some of these technical recruiters were calling from India.  He notes that “they came across as unprofessional and inexperienced. I got the impression that they were simply cross-referencing job-board postings and resumes.”

The Programmers Guild advocates for the interests of U.S. tech workers against the offshoring and displacement of U.S. tech jobs. The Guild proposes some basic H-1b reforms that would both stem the displacement of qualified U.S. workers and improve the quality of the H-1b workers that are admitted to the U.S. workforce.



Text of the staffing company emails.


Profile of Lowest-paying H-1B employers

Lowest Paying Employers of H-1B Computer Workers FY 2004

An analysis of the employers who are paying the lowest H-1B wages reveals that these companies are disproportionately run by Indian nationals, hiring almost exclusively young Indian nationals to displace American workers in our own country, in blatant violation of EEOC, sex, age and national origin laws. These wages are for jobs that require a BS degree and specialized experienced beyond what a new college graduate would possess. So why are they being paid significantly less that new U.S. graduates? For more info search  (Compiled by The Programmers Guild, June 2005)

The first list only includes employers who applied for 100 or more H-1B visas:

Rank Employer (100+ H-1Bs requested in 2004) Number of Applications Number of H-1B Workers Average Annual Salary
1 AMERICAN DIGICOM CORPCheck out the waving American Flag on their contact page – what patriots. They are in Silicon Valley, among the highest cost of living in the US. LCAs filed by VP Alex Wong.

American Digicom is a rare exception being a real company that creates something of value. The majority in this list are bodyshops that do not generate any marketable product and have no direct need for the H-1Bs that they secure.

3 993 $32,600.00
2 JAGS SOFTWARE INCTheir corporate website conceals the owners’ identities. ( However they did sponsor “Miss Indian America” : and the 1000+ LCAs were requested by VP JAGJIT MALHOTRA (Indian)

See THIS LINK page 19. In 2003 one Jagjit Malhotra was an investor in India to start a backoffice business in the USA called “Compudyne Winfosystems”

2 1982 $35,000.00
3 DIBON SOLUTIONS INC.Site in India. Immigration details on their website – that is not for clients or U.S. workers:  Business model is some developers at client site with support developers in 53 227 $36,649.78
4 System Soft Technologies LLCPhotos of System Soft 26 134 $36,799.93
5 TATA CONSULTANCY SERVICES LIMITEDTata is a huge predatory Indian consulting company, as the number of H-1B applications suggests. The Board of Directors are all Indians. They have 52,000 employees and are able to undercut US consulting companies for large US contracts have shipping the work to India, skirting EEOC and other labor requirements imposed upon the competition.

Mr. Ratan N. Tata
524 5200 $37,811.90
6 Cambridge Resource Group, Inc.All five USA Board of Directors have Indian names, and they have two sites in India, vs one site in the US:

104 363 $37,923.02
7 ALLIED INFORMATICS, INCImmigration links on their website – link to Indian immigration attorney:  Same attorney in employment case involving allied: 63 209 $38,255.22
8 USP, LLCEmail contact name is “Ravi” – they are bodyshop: 125 125 $38,579.84
9 PROMPTCARE HEALTH SERVICES INPromptCare is a healthcare company in Glendale CA, a minor H-1B user until 10/2004 when they applied for 991 Software Engineers on one LCA. Very odd. DOJ should investigate. 1 991 $39,224.00
10 Ved Software Services Inc

Ved Software Services Inc (VSSI) of Michigan, USA, and Cheeta Learning of Connecticut, USA, joined together to offer the accelerated Cheetah Learning Programme that compressed 180 hours of examination preparation time into a five-day programme and the project manager took the examination online on the fifth day.

Mr Sampath Seshadri, Chief Executive of VSSI, told reporters that his company had been licensed by Cheetah Learning to provide the training in India, Singapore and Japan. UNI

69 345 $39,672.65
11 Prolific Technologies, Inc.This page found in google is gone from their website. They have an office in India and, from the LCAs the president’s name is Hanumanth Kanchiraju

contact us Coorporate Office 6850 Ulster Ct Alpharetta GA 30005 770-889-6183 Phone 678-623-3694 Fax India Office 6-1-103/113, Sri  – Supplemental Result – Similar pages

41 350 $39,682.00
12 Future Technology Foundation, Inc  – Click on “Contacts” – another group of Indians fronting as an American corporation:

Sanchayita Gupta

Bud Gupta
Vice President

Avijit Chakravarty
Project Manager

Paramita Bhadra
Marketing Manager

Address Book

Future Technology Foundation, Inc.
414 Main Street
Metuchen, NJ 08840,USA
Tel : 732-767-0093
Fax : 732-767-1379

India Operation
Future Technology Foundation, Inc. Mr. Bud Gupta
(CEO & VP – International Operations)
Tel : 98316 42060
Our Associates
HubGlobal Technologies
402/403, New York Plaza
Judges bunglow Road. VastraPur,Ahmedabad 380015
PH: 30127378
Tele Fax: 30120378

31 119 $39,716.92
13 HIDEF Technologies IncOver 100 LCAs, all filed mid 2004. Based on Vermont. Can’t even find a URL for the company. Found their Suite 2165 – not much bigger than a restroom. Would not hold more than about 4 employees. This appears to be immigration scam:
128 128 $39,815.48
14 RADIANT SOFT SOL, INC.Their business is IT outsourcing and

Owner Venkat (Indian) posts the following on an Indian Student forum – explicitly citing his own race as a criteria for the jobs:

We sponsor work VISA. Students on F1 with OPT/CPT are welcome. If interested please submit your resume to

We need your help in reaching this message out to all our Indian students who qualify the above mentioned criteria. We need to address interested candidates in person so that we can explain the whole model to you. We now are aiming at extending our help to all our Indian students to get benefited. Please reply with your contact number so that we can talk to you in detail.

Radiant Soft Sol Inc

126 290 $39,925.08

Anjani Etech Solutions Inc
35323 Turner Dr
Sterling Heights, MI 48312
586-979-4554  MAP

300 employees – tech company – cannot find their website – low profile – small office – from LCAs President is PRASAD PONNAM

5 299 $40,000.00
17 Materials Software System Inc,Feb 2005 help wanted in Hindu newspaper:

But their US web job listing submit crashes:

They have sites in India, and managers are nearly all Indian:

Venu’s Email address
Bob’s Email address
Contact for Overseas( Other than US)
Contact for Global Placements

Vasantha’s Email address

Lalitha’s Email address
Pradeep’s Email address
Contact for Global Placements

Srinivas’s Email address is

Vasu’s mail address is
44 140 $40,000.00

167 workers requested in 2004, but can’t find a website for them.

3 167 $40,000.00

Our trained and skilled consultants / programmers in the Indian centre can supplement our on site services. More Info >>

177 259 $40,166.02
20 CMC Americas Inc.According to their website CMC is 100% owned by TCS (TATA Consulting). See rank #5.

The bottom of this website is “copyright INDIA.”

23 171 $40,487.54
21 Premier Technologies, Inc.From LCAs President: VARA YERRAGUDI (Indian) 24 106 $40,584.91
22 Magna Infotech Ltd.Three sites in India:

Photos of India development

60 591 $41,309.59
23 Yash Technologies,

Manoj Baheti – Chairman & CEO (Indian)

155 480 $41,325.09
24 HCL TECHNOLOGIES AMERICA INC. 143 3161 $41,501.20
26 Infinite Computing Systems, Inc. 56 560 $41,602.77
27 Patni Computer Systems, Inc.Management team is 100% Indian Nationals:

1867 3770 $41,637.34
28 Software Solutions Group, Inc. 26 152 $41,754.72
29 Magna Systems International, Inc. 155 158 $41,835.11
30 V-Soft Consulting Group, Inc. 276 276 $41,991.31
31 Semafor Technologies, LLC 44 130 $42,000.00
33 In-Venture Soft, Inc. 101 108 $42,000.00
34 Blue Frog Solutions, Inc. 2 992 $42,006.97
35 Caliber Consulting Corporation 12 115 $42,123.48
36 LANCO GLOBAL SYSTEMS INC 40 220 $42,159.09
37 Larsen & Toubro Infotech Limited 632 632 $42,213.30
38 Vision Systems Group, Inc. 106 163 $42,441.72
39 Infomerica, Inc. 56 235 $42,466.02
40 Altech Star Inc. 7 175 $42,628.57
41 Ramsoft Sytems Inc. 210 211 $42,739.85
42 McNally Systems Inc. 59 109 $42,837.94
43 K-Soft Information Technologies, Inc. 58 160 $42,916.12
44 Cyber World Solutions, Inc. 66 259 $42,922.78
45 V.L.S SYSTEMS INC. 64 359 $43,194.99
46 Xtreme Worldwide Solutions, Inc. 25 239 $43,277.51
47 Global Consulting Group 262 364 $43,366.43
48 cyberThink, Inc. 98 262 $43,395.82
50 JCG TECHNOLOGIES INC 27 115 $43,573.91
51 Quinnox, Inc. 18 165 $43,634.79
52 RedSalsa Technologies, Inc. 190 194 $43,685.51
53 R SYSTEMS INC 51 214 $43,717.35
55 Inforide Technologies, LLC 41 137 $44,103.07
56 iTech US, Inc. 364 490 $44,264.76
57 Quintegra Solutions Limited 49 890 $44,565.26
58 ISR INFO WAY, INC. 196 196 $44,630.87
59 SOFTWARE RESEARCH GROUP,INC 65 113 $44,654.87
60 ObjectWin Technology Inc. 104 138 $44,659.42
61 Interpro, Inc. 114 122 $44,717.14
62 Divihn Integration Inc. 78 163 $44,920.25
63 TECHNOSOFT CORPORATION 54 311 $44,935.36
64 Mphasis Corporation 131 3696 $44,947.58
65 Objectsoft Group Inc., 157 157 $45,025.48
66 NetSoft Technologies Corp Inc 242 255 $45,045.69
67 NIIT (USA), INC. 244 1090 $45,049.18
68 CDI Corporation 35 158 $45,198.08
69 Savvy System Consultants Inc. 20 160 $45,290.41
70 ENTERPRISE SOLUTIONS, INC 30 490 $45,512.87
71 Compuware Corporation 24 194 $45,553.08
72 HPS America, Inc. 158 7762 $45,689.67
73 Boden Services, Inc. 36 185 $45,735.14
74 Integrated Software Solutions, Inc. 218 218 $45,742.36
75 Jean Martin Inc. 41 196 $45,824.49
76 eBusiness Application Solutions, Inc. 251 3338 $45,860.58
77 PRG Systems, Inc. 16 115 $45,960.89
78 Tekstrom Inc 55 139 $46,005.04
79 THE BRANDON GROUP, INC. 120 120 $46,030.59
80 IBM Global Service India Pvt. Ltd. 128 6101 $46,311.02
82 LOGIC BYTES INC 113 126 $46,757.94
83 Verinon Technology Solutions Ltd 126 126 $46,796.83
84 Mascon IT Limited 30 210 $46,913.02
85 Waltech Inc 79 102 $46,991.94
87 RJT Compuquest Inc. 49 213 $47,093.90
88 MIRACLE SOFTWARE SYSTEMS INC. 39 390 $47,376.77
90 Lason Systems, Inc. 7 122 $47,500.00
91 Silicon Software Solutions 14 131 $47,664.76
92 Wipro Limited 153 13796 $47,717.92
93 ALTSOFT INC 68 229 $47,842.14
94 Tata Infotech Limited 262 2914 $47,861.03
95 Diaspark, Inc. 261 261 $47,990.11
96 American Solutions Inc 145 163 $48,035.55
97 SCANDENT GROUP INC. 33 410 $48,134.66
98 Zolon Tech, Inc. 53 130 $48,305.38
99 Silicon Valley Systech, Inc. 9 117 $48,335.20
100 PARADIGM INFOTECH INC 23 124 $48,354.84


Rank: The employer ranking from 1 to 100 from lowest wage to highest.
Employer: The employer name
Number of Applications: The number of Labor Condition Applications (LCA) made.
Number of H-1B Workers: The total number of H-1B workers requested on those LCAs.
Average Annual Salary: The average wage to be paid to those workers.

Color Key:

The background color compares the average wage paid by the employer to the overall wages paid in the U.S. to workers in computer and mathematical occupations according to the Bureau of Labor Statistics 2004 Occupations Employment Survey.

Less than 10th percentile  of $33,780
Less than the 25 percentile of $45,820
Less than the Median of $62,620


1. The raw wage data comes from the H-1B disclosure data at Note that this data is for Labor Condition Applications (LCA) made, not H-1B visas granted.

The only “job code” in the LCA data is a USCIS job code. The USCIS job code for computer occupations is “030”. Unfortunately, the USCIS lumps everything remotely computer-related as a computer occupation, from Jr. Programmer to Chief Information Officer, to Business Analyst. In addition, many jobs that clearly are not computer-related (e.g. mechanical engineer, accountant) somehow get classified under job code “030” in the disclosure data.

The Bureau of Labor Statistics (BLS) classifies the following job titles as “Computer and Mathematical Occupations”.

Computer and information scientists, research
Computer programmers
Computer software engineers, applications
Computer software engineers, systems software
Computer support specialists
Computer systems analysts
Database administrators
Network and computer systems administrators
Network systems and data communications analysts
Computer specialists, all other
Operations research analysts
Mathematical technicians
Mathematical scientists, all other

2. After extracting all the records with USCIS job code “030”, pattern matching was used to map the job title given in the LCA with Bureau of Labor Statistics job titles and job codes. About 6% of the records were not computer-related as defined by the BLS and discarded.

3. Using the LCA records, the average wage  for each employer was calculated.

4. The employers were ordered by average H-1B wage.

4. To make this list an employer had to have requested a total of at least 100 H-1B workers on LCAs

Lowest Paying Employers of H-1B Computer Workers FY 2004

Minimum of 25 H-1B Workers Requested on Labor Condition Applications


Rank Employer (25+ H-1Bs requested in 2004) Number of Applications Number of H-1B Workers Average Salary
1 IVS CONSULTING, INC.Seeking exclusively H-1B workers on Indian job board:– they require the workers to place a $1000 deposit for consideration – is this a “fair wage” for SAP consultant with 2+ years experience?


SAP Consultant Exp: 2 years IVS
We are a consulting firm based in Houston , TX looking to sponsor H1B visas for senior software professionals with your skills for our client needs in the US. This is a full time opportunity for 3 years based in the US. We also do sponsor Green Cards for selected candidates. Candidates should have excellent communication skills and willing to commit $1000 deposit for the recruitment effort which will be refundable once the candidate is in the US on a project. Candidates that are prepared to commit to the deposit as stated above will only be considered. Please send us your update …
Show details Tell a friend
20 96 $26,458.33
2 Indus Valley Software, Inc.LCA: President AJAY THOMAS (Same owner as rank #1 IVS Consulting) 13 57 $26,877.19
3 Global Enterprise Management Solutions, IncHas software development center in India. LCA President Rahul Reddy. CEO: Suresh Ketha 14 72 $31,111.11
4 ASTERIX CONSULTING, INCLCA: Meenu Shara 7 28 $32,321.43
5 AMERICAN DIGICOM CORP(See rank #1 in the 100+ list) 3 993 $32,600.00
6 infoNero Inc. “plans of setting up huge infrastructure in North Dakota to retain the jobs that are being outsourced overseas and have them executed locally by employing local candidates & Software Engineers from North Dakota University.”

So they oppose offshoring, but maintain an office in Bangalore, and LCA VP is Saravana Rangaswamy

Overseas Office: 
infoNERO India Pvt. Ltd. 
28/1 ‘C’, Artillery Road
Bangalore 560008, INDIA
Contact: Ashwini Kumar – Recruiter
TEL: 91-80-23338554

7 45 $32,900.00
7 MICROSOLVE CONSULTING INCLCA VP: ANURADHA NAGENDER Naukri Sewa.Com is the unit of Kerin Recruitment Consultants which is a sister consern of Microsolve Consulting Inc. (USA). while microsolve is an information technology service company that provides consulting & application development services to broad range of industries & specializes in ERP & Server Applications, Kerin Recruitment Consultants is man power provider to Microsolve from INDIA.

1 30 $33,000.00
8 Xyant Technology, Inc.Listed as “Minority/Woman/Disadvantaged” contractor – Indian Immigrants given preference over native-born Americans solely because they are not white:

Xyant Technology, Inc.
Sreenivasan Rajappa
1108 Rambling Oaks Drive
Norman, OK 73072
Phone: (405) 447-8337 / Fax: (405) 447-8394

15 41 $34,030.17
9 Ozark Computer Consultants, Inc. 41 43 $34,595.91
10 CompSys Technologies, Inc. 42 64 $34,757.81
11 UIBCS INC 1 50 $35,000.00
12 JAGS SOFTWARE INC 2 1982 $35,000.00
13 E* PRO, INC. 11 56 $35,790.86
14 Integral Strategies, Inc. 66 66 $35,991.62
15 DONEPUDI ASSOCIATES INC. 13 31 $36,129.03
16 ePower,Inc. 28 28 $36,285.71
17 SMARTOUTSOURCE, INC 23 41 $36,463.27
18 Mirage Software, Inc. 46 51 $36,580.78
19 DIBON SOLUTIONS INC. 53 227 $36,649.78
20 System Soft Technologies llc 26 134 $36,799.93
21 AMSOL, INC. 89 89 $36,903.66
22 MSYS, INC. 9 44 $36,909.09
23 MEGASYSTEMS INC. 29 29 $36,965.52
24 ZYLOG SYSTEMS LTD DBA ZSL INC 32 32 $37,000.00
25 OMNITECH SYSTEMS 12 28 $37,214.29
26 Cybersoft Technologies, Inc. 8 36 $37,222.22
27 Intelli Infotek, LLC 53 53 $37,426.80
28 Soft Computer Consultants, Inc. 12 51 $37,454.05
30 ECommercePioneer.Com, Inc. 18 80 $37,827.50
31 INFODAT INTERNATIONAL, INC. 15 69 $37,913.04
32 Cambridge Resource Group, Inc. 104 363 $37,923.02
33 LANCO GLOBAL SYSTEMS, INC 7 39 $38,205.13
34 ALLIED INFORMATICS, INC 63 209 $38,255.22
35 USP, LLC 184 184 $38,316.77
36 4C Solutions, Inc. 32 32 $38,368.75
37 COMPUTER CONSULTANTS INC 15 40 $38,500.00
38 E-Computers Technologies, Inc. 8 32 $38,500.00
39 VenturiSoft, Inc. 22 32 $38,500.00
40 MEGASYSTEMS  INC. 48 56 $38,571.43
41 ALLSERVE SYSTEMS CORP 13 43 $38,784.44
42 Ipelion Global Services, Inc. 6 26 $39,153.85
43 Worldwide Software Services, Inc. 70 73 $39,189.88
45 MAQ TECHNOLOGIES INC. 48 49 $39,346.94
46 EZen Computer Servcies Inc 15 32 $39,355.47
47 AR Systems 55 56 $39,357.14
49 Data Point Systems, Inc 10 78 $39,538.46
50 E METHODS INC 9 45 $39,555.56
51 TECHNOCREST SYSTEMS, INC. 32 32 $39,627.90
52 MAQ TECHNOLOGIES INC 36 36 $39,666.67
53 Ved Software Services Inc 69 345 $39,672.65
54 Prolific Technologies, Inc. 41 350 $39,682.00
55 Future Technology Foundation, Inc 31 119 $39,716.92
56 OMNISOFT INC 32 44 $39,731.82
57 HIDEF Technologies Inc 128 128 $39,815.48
58 IOR TECHNOLOGIES INC. 29 40 $39,837.20
59 RADIANT SOFT SOL, INC. 126 290 $39,925.08
60 Objects Worldwide,Inc 51 51 $39,960.78
62 IT SPIN INC 41 41 $39,996.92
63 SOFTPATH SYSTEMS, INC 9 46 $40,000.00
64 MSYS, INCORPORATION 7 28 $40,000.00
66 Infoyogi LLC 6 30 $40,000.00
67 Materials Software System Inc 11 50 $40,000.00
68 Materials Software System Inc, 44 140 $40,000.00
69 Anjani Etech Solutions, Inc. 10 441 $40,033.06
70 PREMIER IT SOLUTIONS,INC 91 93 $40,161.29
71 ALLIED BUSINESS CONSULTING, INC. 177 259 $40,166.02
72 Optech Consulting, Inc 46 46 $40,173.91
73 Axiom Systems, Inc. 32 32 $40,218.75
74 Systems Technology Group, Inc. 29 37 $40,340.54
75 Iss Consultants,Inc. 3 30 $40,433.33
76 Ultimo Software Soutions Inc. 75 75 $40,437.33
77 CMC Americas Inc. 23 171 $40,487.54
78 Premier Technologies, Inc. 24 106 $40,584.91
79 PRIMESOFT, INC 27 27 $40,740.74
80 eTransX, Inc 9 36 $40,777.78
81 VIRTUE GROUP LLC 25 67 $40,940.30
82 Think Development Systems Inc. 9 58 $41,099.41
83 LEKHA, INC 63 63 $41,103.13
84 Silicus Technologies, Inc. 5 28 $41,142.86
85 TEJ TECHNOLOGIES, INC. 6 60 $41,183.33
86 Indus Valley Consultants, Inc. 10 30 $41,200.00
87 ITC INFOTECH (USA), INC. 31 31 $41,289.03
88 Magna Infotech Ltd. 60 591 $41,309.59
89 Yash Technologies, Inc. 155 480 $41,325.09
90 Ecal Solution, Inc. 11 60 $41,333.33
91 OrionSoft, Inc. 70 74 $41,351.35
92 AJAY International Inc 18 31 $41,354.84
93 Uni Resource, Inc. 10 58 $41,390.66
94 INDUSA TECHNICAL CORP 59 59 $41,410.08
95 Sanket Systems Inc. 9 54 $41,419.72
97 DELIGENT,,LLC 9 45 $41,486.50
98 GENOME INTERNATIONAL CORP. 22 63 $41,499.21
99 HCL TECHNOLOGIES AMERICA INC. 143 3161 $41,501.20
100 Software Technology International Corporation 56 68 $41,543.43

This table was created identically to the first table except that the standard for inclusion was Labor Condition Applications 25 workers.

No employer on this list was paying more than the national 25th percentile for Computer and Mathematical workers of $45,820.

H-1B abuse in San Francisco

San Francisco H-1B LCA Data – FY 2004

H-1B – Displacing U.S. Workers

The H-1B visa allows employers to legally displace qualified U.S. workers. Immigrants from the middle-east, for example, can legally choose to ignore Americans and hire their fellow nationals – friends, classmates, and relatives. Congress mandates that DOL rubberstamp these visas. Employers challenged with abuse rightfully claim that they are “in full compliance with the law.”

20 CFR 655 Part H

The are only four requirements/attestations for hiring H-1B  workers:

655.731 state will pay a prevailing wage
655.732 working conditions
655.733 no strikes and lockouts
655.734 provide notice – post the LCA at the workplace

There is no requirement to advertise, recruit, hire, or claim that no qualified U.S. workers are available.  The “notice” provision of 655.734 is a due process sham, since adversely impacted U.S. workers have no remedy.

This data is the 3000 H-1B visas for FY 2004. The majority of these employers never advertised in the San Francisco Chronicle, never recruited at the local colleges, or such. DOL concealed these records from jobseekers until after October 1, 2004 – effectively holding U.S. positions open for foreign workers.

The bulk of the jobs are software-related – even though up to 28% of U.S. programmers and related tech workers are unemployed or have been displaced from their profession.  (Note: While some employers list an office outside of SF, all job locations are within San Francisco):


Macromedia, for example, applied for 51 LCAs for H-1Bs, mostly for software developers, as recently as September 24, 2004. Yet now their website lists only a few opening for managers – not one opening for a software developer. (They list many developer positions in India – but that’s another topic – or are they using the H-1B to import workers from India for training, to facilitate technology transfer to India?)

Does the Chronicle believe the industry liars, such as that there are no U.S. workers available to fill these positions?  The CEOs of Intel and HP signed theCOMPETE AMERICA LETTER.  Yet HP and Intel are laying off their skilled American workers, are not advertising any openings, and are not recruiting American graduates with advanced degrees.

We suspect that a small classified ad would generate dozens of qualified U.S. applicants:

Employer Position Salary
Nihonmachi Little Friends Preschool Teacher 11 hour
Infinite Power Productions, LLC Graphic Designer 14.24 hour
San Francisco Dream Tours, Inc. Content Writer 15 hour
Mabuhay Builders Industrial Engineer 16.26 hour
Dalwong Hotel Group dba The Stratford Hotel Assistant Hotel Manager 16.70 hour
Larson & Savage DBA Complete Business Services Accountant 17.20 hour
Zelle, Hofmann, Voelbel, Mason & Gette Paralegal 17.54 hour
Excel World, Inc. Technical Writer 18.90 hour
Starving Artist Designs Web Developer 23 hour
Rai & Associates, P.C., Law Clerk 31,000 year
Conard House, Inc. Social Worker/Counselor 31,634 year

Why is Congress opposed to requiring employers to consider qualified U.S. applicants before granting these H-1B visas? Americans are being defrauded out of their professions!  The jobs could appear on DOL’s database for 30 days, allowing U.S. workers to publicly view and apply for the positions – before the LCA is granted.

In this article, Indian National Xavier, conceding “times remain tough for IT workers looking for jobs across the U.S.,” explains that Indian consulting firms hire Indians on H-1Bs, bench them, then aggressively compete against American workers for the scant contracts available. Congress subjects 65,000 Americans to this abuse each year. We certainly dispute Xavier’s proposed solution of raising the cap to 200,000 per year.

SF Chronicle Editorial

SF Gate        Return to regular view

Raise cap on H-1B visas

Monday, November 1, 2004

THE SYSTEM for granting H-1B visas — the six-year visas allowing U.S. companies to bring in skilled foreign workers who have played an essential role in building Silicon Valley and elsewhere — is broken.

The federal government announced on Oct. 1 — the first day of the fiscal year — that all 65,000 H-1B visas allocated for the year had already been given out.

How could this be? After several years of intense debate, the federal government raised the cap on visas from 65,000 to 195,000 in 2000. As a result of the dot-com collapse and the accompanying economic recession, U.S. companies didn’t use the entire 195,000 allocation, and Congress this year allowed the cap to drop back to its previous level of 65,000.

It should indicate that, when visas for the entire year are issued within 24 hours, 65,000 visas is too low a number. Employers should hire U.S. workers whenever possible. Some employers may have used the H-1B program to hire skilled foreign employees when they might have been able to find equally qualified U.S. workers.

At the same time, employers who can’t find skilled U.S. workers should not be barred from importing skilled labor here. When the new Congress is sworn in, one of its first orders of business should be to raise the cap on H- 1B visas to a level that more reasonably matches the actual demand.

Page B – 4

©2004 San Francisco Chronicle | Feedback | FAQ


Letter to Editor – Programmers Guild responds

Editors, SF Chronicle,

Your November 1, 2004 editorial “Raise cap on H-1B visas” is correct that the system for granting H-1B visas is broken – but not because the quota is too low.

The Department of Labor approved over 3000 H-1B applications in 2004 for San Francisco alone. DOL did not require these employers to advertise nor otherwise consider qualified U.S. workers. The bulk of these jobs, which we’ve listed at, could have and should have been filled by U.S. workers.

We agree that “employers should hire U.S. workers whenever possible.” But, rather than displacing more Americans by raising quotas, we implore Congress to require DOL to post H-1B positions on their website for 30 days, allow U.S. workers to apply via that website, and only granting the H-1B application in those cases where no qualified Americans are available.

Mr. Kim Berry
President, The Programmers Guild

Additional Info

The Changing Face of Labor Certification

Latest CFR Statues at

DOL Contacts:
Regional Office
Martin Rios
ALC Certifying Officer
U.S. Dept of Labor
Employment and Training Admin.
71 Stevenson Street,Suite 820
P.O. Box 193767
San Francisco, CA94119
(415) 975-4601
(415) 975-4660 FAX


H-1B and RIR abuse in Sacramento

Sacramento Region H-1B and Permanent Labor Data

Dec 14, 2004 Bee and DOL 100% of “Computer Help Wanted” in today’s Bee are fake ads!
Dec 17, 2004 Bee and DOL The “Economist Help Wanted” in today’s Bee for CA ISO is a fake ad
Dec 20, 2004 Bee and DOL Fake RIR ads in Sunday 12/19 Sacramento Bee
Dec 26, 2004 Bee and DOL Merry Xmas – Fake RIR ads in Sunday 12/26 Sacramento Bee
Jan 2, 2005 Bee and DOL Happy New Year – Fake RIR ads in Sunday 1/2 Sacramento Bee
Jan 3, 2005 DOL Questions to DOL regarding new PERM Regulations
Jan 16, 2005 Bee and DOL SacBee fake job ads Sunday January 16, 2005
Feb 13, 2005 Bee and DOL SacBee fake job ads Sunday February 13, 2005 (DST Output)
May 8, 2005 Bee and DOL SacBee fake job ads Sunday May 1, 2005 (DST Output)
May 8, 2005 Bee and DOL SacBee fake job ads Sunday May 8, 2005 (Telecommand)
May 15, 2005 Bee and DOL SacBee fake job ads Sunday May 15, 2005 (Telecommand, and Rapidigm)
Dec 10, 2006 Bee SacBee fake job ad Dec 10, 2006 (Hewlett-Packard Roseville)
Dec 17, 2006 Bee SacBee fake job ad Dec 17, 2006 (HP / Verifone / Key Business Solutions)
Dec 26, 2006 Bee McClatchy article about fake job ad for hockey coach in Alaska
Dec 25, 2006 Bee SacBee fake job ad Dec 24, 2006 (HP / Verifone / Infinite Solutions)
Jan 9, 2007 Bee Sacramento Bee filed two LCAs for $45,000 H-1b staff reporters in 2006
Jan 21, 2007 Bee Sacramento Bee purges American reporters while retaining H-1b reporters
Feb 11, 2007 Bee SacBee fake job ad Feb 11, 2007 (Dorado Software / Hewlett-Packard)
Feb 25, 2007 Bee SacBee fake job ad Feb 25, 2007 (Global Energy / Hewlett-Packard)
July 1, 2007 Bee SacBee fake job ad July 1, 2007 (Global Energy / Megabyte Systems)
Sept 20, 2009 Bee SacBee fake job ad September 13, 2009 (Omni-Means)
Oct 4, 2009 Bee SacBee fake job ads October 4, 2009 (Auerbach Engineering, Stratus Environmental, ICF Jones and Stokes, Verifone, Electronic Data Systems)
Oct 25, 2009 Bee SacBee fake job ads October 25, 2009 (Hewlett-Packard, Ventyx)

H-1B – Legally Displacing U.S. Workers

The H-1B visa allows employers to legally displace qualified U.S. workers. Immigrants from the middle-east, for example, can legally choose to ignore Americans and hire their fellow nationals – friends, classmates, and relatives. Congress mandates that DOL rubberstamp these visas. Employers challenged with displacing Americans with foreign workers can correctly claim that they are “in full compliance with the law”:


  • 655.731 pay a prevailing wage (many LCAs are granted for experienced and degreed professionals for salaries under $40k per year.)
  • 655.732 provide similar working conditions
  • 655.733 no strikes and lockouts
  • 655.734 post the LCA at the jobsite

The data below is the 1000 H-1B visas for FY 2004. The majority of these employers never advertised in the Sacramento Bee and never recruited at the local colleges. DOL concealed these records from jobseekers until after October 1, 2004 – effectively holding U.S. positions open for foreign workers.

The bulk of the jobs are software-related – even though up to 28% of U.S. programmers and related tech workers are unemployed or have been displaced from their profession. Many are for teachers, even though qualified teachers in Sacramento cannot find work.  DOL approved “high skilled” jobs such as “manager at Red Lobster,” “social worker,” and “food service manager”:


Why is Congress opposed to requiring employers to consider qualified U.S. applicants before granting these H-1B visas? Americans are being defrauded out of their professions!  The jobs could appear on DOL’s database for 30 days, allowing U.S. workers to publicly view and apply for the positions – before the LCA is granted.

Permanent Certification (PERM) – Green Card/RIR – Defrauding Americans out of their Professions

Unlike the H-1B, certification for a green card is supposed to require “proof” that no qualified Americans are available to fill the position. But employers and immigration attorneys make a mockery of this requirement. Under “Reduction in Recruitment” (RIR) an employer must only demonstrate an attempt to recruit. (20 CFR 656.21) This sham entrusts the employer to proxy for the DOL, and results in bogus job ads, meant to deceive U.S. applicants. The employer in fact has no intention to hire the American – because the position is already filled by an H-1B worker.

This DOL page explains that, under RIR, there is no requirement or expectation that employers interview qualified applications – ALL THEY MUST DO IS PLACE HELP WANTED ADS – then legally ignore the flood or resumes. (The flood of resumes from qualified U.S. job seekers is deemed one of the drawbacks of using RIR – see page 4. – the goal of RIR is to NOT hire qualified Americans!)

“Our firm is yet to see an RIR labor certification which was rejected.”immigration attorney Carl Shusterman

DOL Chief orders Labor Certifications issued in violation of U.S. Law

An April 2004 letter to DOL explains that DOL Chief Bill Carlson visited California in July 2003, and, in a private meeting with immigration attorneys representing foreign workers, with no one representing the interests of U.S. workers, agreed to order the SF DOL to approve “Reduction in Recruitment” (“RIR”) certifications – even though the local office had already found that sufficient U.S. workers were available.

Under DOL Chief Bill Carlson’s directive, effective November 2003, DOL staff under Martin Rios are directed to approve all RIRs  – even if sufficient qualified U.S. workers are available and no labor shortage exists – provided the employer claims that the position requires at least a college degree and three years experience. Since tech workers are not among the “Schedule A” professions (“physicians, nurses, and persons of exceptional ability”), this order was a blatant violation of DOL mandate, as codified at 8 U.S.C 1182(5)(A) – certifications are continuing under that directive, in spite of abundant evidence of a surplus of qualified U.S. workers:

8 U.S.C. 1182(5)(A) Labor certification

Before a foreign worker can be admitted to the U.S. for permanent employment, the prospective employer must obtain a labor certification from the Secretary of Labor. The Secretary must certify that there are not sufficient U.S. workers who are able, willing, qualified and available, and that the employment of an immigrant foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

(20 CFR 656.10 and 656.22 – pertain to Schedule A exceptions. Programmers are not exempt )


Here’s the best part: If qualified U.S. workers apply for a position, but then decline because the offer is too low or doesn’t offer benefits, DOL deems that “no qualified Americans are available.” See page 2 of the ABS ELECTRONIC Ruling – applicants #2 and #3 were qualified, but declined the job because it didn’t offer any benefits. Hiring foreigners rather than increasing an offer or providing benefits to what the market will bear clearly “adversely affects the wages of similarly employed U.S. workers,” in violation of 8 U.S.C. 1182.

Supply and Demand can fill virtually every job in the U.S.A. This rubber-stamp sham that thwarts market labor forces and undermines U.S. workers should be suspended immediately.

But it only gets worse. DOL intends to transfer the certification of aliens to work in the U.S. to a private contractor.  (Rumor is that this private contractor has picked up 20,000 cases from SF to begin “processing.” ) DOL is instituting a PERM process that will issue permanent labor certifications in as little as seven days.  SEE: The Changing Face of Labor Certification

The largest user of RIR to convert H-1B to Green Card in this region is Intel.  They claim that there are dozens of positions in Folsom that they cannot fill with Americans. Yet they have not run a help wanted in the Sacramento Bee for over a year, and have laid off U.S workers. They have not recruited at CSUS.


Best Western Hotel attempted to claim that they could not find an American hotel clerk – one of the few applications that DOL denied.  So why do they let Intel slide?

Applicants include Cognitum, which we alleged in an April 2004 letter to DOL was “running multiple fake ads to obtain greencards for his fellow countrymen: Vipin Suneja – President – 916-983-1359 – (Americans need not apply)” Z-World CEO, granted two certifications, stated in July 2004 that their help wanted ads generated 250 responses from U.S. workers. A more recent FOIA of Permanent Certifications reveals that, as I had alleged,  R-Systems, InsWeb, and HealthNet were also running bogus job ads in the Sacramento Bee for RIR Recruitment:

Of these, R-Systems is the most insidious. This is an Indian company that hires almost exclusively foreign workers – mostly from India. They now claim that they cannot find any Americans with common skills like ASP and SQL 2000. (EDD – has denied our request for the RIR documention in their possession. We suspect that would have revealed that the remaining employers cited in the April 2004 letter were also running fake ads to submit as RIR evidence.)

Additional Info

Latest CFR Statues at


10 Key Questions on PERM – by Immigration Attorney

The PERM Book – only $499 – written by this guy:



(305) 789-9266

The 14th Amendment assures “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” Among those privileges is employment preference over nonimmigrant foreigners. In his article Legal Rejection of U.S. Workers, immigration attorney Joel Stewart explains how:

“Even in a depressed economy, employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply.” – Joel Stewart – author “The PERM Book”

He insults U.S. tech workers by claiming, without reference, that many unemployed applicants “prefer to continue receiving unemployment insurance rather than begin working.”

DOJ attorney Anthony Archeval confirmed that “it is legal to import foreigners to take the jobs of Americans.”

Lawyer’s Guide to PERM Labor Certification

DOL Contacts:
Regional Office
Martin Rios
ALC Certifying Officer
U.S. Dept of Labor
Employment and Training Admin.
71 Stevenson Street,Suite 820
P.O. Box 193767
San Francisco, CA94119
(415) 975-4601
(415) 975-4660 FAX
Permanent Labor
Employment Development Department
Foreign Labor Certification Office
P.O. Box 269070
Sacramento, CA 95826-9070
(916) 464-3400
(916) 464-3467 FAX
FedEx/UPS Deliver to:
Employment Development Department
Foreign Labor Certification Office
9815-B Goethe Road
Sacramento, CA 95827