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Newsjock

(11,733 posts)
Fri Nov 13, 2015, 10:01 PM Nov 2015

IEEE-USA asks Dept. of Justice to rule on legality of offshoring IT jobs

Source: Computerworld

The IEEE-USA is asking the U.S. Department of Justice to consider whether the business model used by many offshore outsourcing firms -- replacing U.S. workers with visa holders -- violates the law.

Former U.S. Rep. Bruce Morrison (D-CT), who represents the IEEE-USA, recently sent a "technical assistance letter" to the DOJ's Office of Special Counsel for Immigration-Related Unfair Employment Practices. This letter is a formal request for help interpreting the law. But the DOJ isn't obligated to answer the questions posed in the technical assistance request.

Morrison wrote the 1990 immigration law creating the H-1B program. But Morrison has said that they had no idea, 25 years ago, that this temporary work visa would help create the IT offshoring industry. The IEEE-USA has become a strong critic of the visa program, and has opposed legislative efforts to raise the cap.

... If the Justice Dept. makes this clarification and agrees that there is no loophole that protects employers, these employers will want to avoid their liability under the anti-discrimination provisions of the Immigration Reform and Control Act of 1986, said Morrison. "No more firing Americans and hiring an H-1B contractor to replace them," he said.

Read more: http://www.computerworld.com/article/3005237/it-outsourcing/is-the-it-offshore-industry-s-business-model-illegal.html

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IEEE-USA asks Dept. of Justice to rule on legality of offshoring IT jobs (Original Post) Newsjock Nov 2015 OP
I hope he wins. LiberalArkie Nov 2015 #1
This H-1B flap reeks of citizenship discrimination meow2u3 Nov 2015 #2
IEEE should try to team up with voices in software IT community and maybe work with ACM... cascadiance Nov 2015 #3
Tell me about it. drm604 Nov 2015 #4
Let's hope something comes of this request. nt antigop Nov 2015 #5
Rec n/t OhioChick Nov 2015 #6
Thanks for posting Omaha Steve Nov 2015 #7
K&R Crabby Appleton Nov 2015 #8
k&r nt bananas Nov 2015 #9

meow2u3

(24,764 posts)
2. This H-1B flap reeks of citizenship discrimination
Fri Nov 13, 2015, 10:27 PM
Nov 2015

American citizens are being systematically discriminated against because of IT employers who might as well hang a sign outside their firm which reads, "AMERICANS NEED NOT APPLY."

 

cascadiance

(19,537 posts)
3. IEEE should try to team up with voices in software IT community and maybe work with ACM...
Fri Nov 13, 2015, 10:48 PM
Nov 2015

(Association of Computing Machinery) to perhaps start a SIG to be more about serving the function of a union in the IT software community to work together in fighting against H-1B and other offshoring that will probably be made a lot worse when TPP and other newer free trade bills pass (and rumor has it that TPP actually has language in it that will eliminate quotas set for H-1B program). The software IT industry is long overdue to get some union infrastructure set up.

It's amazing these days how many jobs I see are now just contract jobs, and it feels like for all of these jobs you get a lot of calls from what appear to be perhaps body shops with a lot of foreign workers as recruiters that are likely temporarily filling their positions with American contract workers that will all get ditched as soon as the quota is lifted or eliminated when congress passes another bill doing so, or TPP actually eliminates quotas through ISDS courts or the like.

I'm glad that Morrison is being vocal about how this program has been abused so much since it was started. I could see the initial reasoning behind it, but so many have abused it over the years. If it can't be used properly the way he'd originally intended it be used, it should be eliminated altogether, and those that feel like they can no longer fill certain positions they wanted through the programs that perhaps had justification for it should be complaining to the abusing companies for screwing up their situation.

drm604

(16,230 posts)
4. Tell me about it.
Sat Nov 14, 2015, 12:12 AM
Nov 2015

It took me 6 months to find a new position as a web developer after being laid off. In my search I encountered many many "contract to hire" positions. I was willing to accept one like that if necessary, but even then I couldn't get hired.

What you're saying about foreign recruiters rings true. I was constantly getting calls from people with what sounded like Indian accents about possible jobs. Many of them seemed to have no concept of US geography. They had no idea what was a reasonable commute was for me. I've been suspecting that they were foreign recruiting firms. I get three or four calls like that all pushing the same position. So what you're saying rings true.

Fortunately I just got an offer for a real position with a real firm that I found by myself with help from any recruiters, but it's tough finding work when that work can be done entirely remotely over the internet.

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