New:
- insiders playbook for cheating #H1B
- uncovers systematic violations of _Actual Wage_ law
- @USDOL doesn't enforce Actual Wage
- workers treated differently based on immigration status (hello @TheJusticeDept)
- @USDOL & @TheJusticeDept can clean up system by enforcing law
@USDOL’s mismanagement:
- allows firms to steal $billions H-1B wages
- undercuts wages, working conditions and bargaining power for all IT workers
- promotes IT labor market fissuring
- removes incentives to invest in workforce development
- cuts key pathway to middle class
Promotes Offshoring by lowering costs for IT outsourcers like HCL that ship US jobs to low-cost countries
@WaltDisneyCo & @UCSF opt to outsource in-house IT only because @USDOL allows HCL to underpay its H-1B workers @60Minutes US workers being replaced by HCL H-1B workers
@SenatorDurbin and @ChuckGrassley have pushed for H-1B visa reform for 15 years
Opposed by Big Tech & Banks profiting from H-1B exploitation
HCL’s benchmark competitors are mass H-1B users
Underpaying H-1Bs is industry-wide practice - firms mimic successful business models
What to do?
- @USDOL and @TheJusticeDept must conduct a sweeping investigation into mass H-1B employers
- mete out significant penalties to deter future lawbreaking
- recover back pay for the tens of thousands of H-1B workers
- enforce laws including Actual Wage
• • •
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Last week DOJ/DOL settled its case against Facebook for discriminating against US workers thru its hacking of the immigration process
Did @USDOL learn anything? FB's illegal acts are industry standard. DOL should audit all mass users
Key stage in employer greencard process is Labor Certification, requiring employers demonstrate no US workers can do the job. Labor Cert is critical protection for US workers. Facebook made a mockery of it.
Evidence that Facebook’s illegal practices are not unusual, instead are the industry standard
E.g., Facebook retains one of the leading immigration law firms to process its labor certifications, a firm that also represents Google, Oracle, LinkedIn, Amazon, and other mass users.
All public evidence indicates that such discriminatory practices are widespread, and the case should spur introspection by the government agencies charged with oversight of employment based greencards and employment discrimination.
Government stewardship has been negligent.
DOJ alleges, “Facebook engaged in a pattern or practice of discriminatory recruitment and hiring based on citizenship status by preferring visa workers for certain jobs over qualified, available U.S. workers, in violation of the Anti-Discrimination Provision. [DOJ] determined