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surprised to learn courts threw out the lawsuit against Disney for their similar H1B scandal http://www.orlandosentinel.com/business/brinkmann-on-business/os-d

surprised to learn courts threw out the lawsuit against Disney for their similar H1B scandal http://www.orlandosentinel.com/business/brinkmann-on-business/os-disney-visa-lawsuit-dismissed-20161014-story.html http://www.orlandosentinel.com/business/brinkmann-on-busines... H1B applier must certify no current American employees harmed by the visa. But that isn't transitive from the outsourcer to Disney. :(

thaumasiotes 10y ago
It's a fairly nonsensical concept, though. There's always someone who's harmed, and someone else who benefits. Why focus in particular on current employees? What makes them so much more deserving than future employees (who are hurt by the visa), or current customers (who benefit)?
- pekk 10y ago
  The legal and ethical basis of H1B visas is that they are NOT designed simply to depress wages. But that is exactly what they are used for.
- jakelarkin 10y ago
  the intent and spirit of law is that the companies are hiring H1Bs for positions that could otherwise not be filled in sufficient quantity by Americans. Companies and Customers win, and American labor should experience no measurable harm. Not that I would but one could even argue that the way that AppleGoogleFacebookMicrosoft use them to hire students is even okay since they probably cannot fill the volume they need with American STEM grads. This end-run with the outsourcers is a particularly egregious perversion of the law because they're bringing H1Bs with the intent to fire and replace Americans. There's also an angle of age-ism where they are firing older IT professionals in their 40s, 50s, 60s who have accrued higher pay-grades , and replacing them with less productive but much less costly young foreigners. Only losers are employees who need quality IT help, but who cares about that.
- Spooky23 10y ago
  The purpose of the law is to prevent the labor market in general and the H1-B workers in particular to be exploited. The purpose of H1-B is to make it possible for employees with extraordinary skills to work in the United States. Over time, companies have figured out ways to use intermediaries and others means work around the legal controls to exploit immigrant labor. If you work in the technology industry, this should concern you, as allowing organizations to do this sort of thing is ultimately reducing your compensation. If you don't believe me, look at the salaries & benefits (which are often public record) at regulated or government organizations that require US citizen labor. Line employees tend to make more in those environments.
prostoalex 10y ago
> H1B applier must certify no current American employees harmed by the visa HCL and Cognizant likely already had a pool of employees with valid H1-Bs ready to be deployed at vendor's location. As those workers were new to HCL and Cognizant, it's likely that no HCL and Cognizant employees were harmed. Disney outsourced the contract, and HCL and Cognizant emerged as the highest bidder. To go after Disney you'd have to prove that it's somehow illegal to use third-party vendors for parts of the operation.

thaumasiotes 10y ago

It's a fairly nonsensical concept, though. There's always someone who's harmed, and someone else who benefits. Why focus in particular on current employees? What makes them so much more deserving than future employees (who are hurt by the visa), or current customers (who benefit)?

pekk 10y ago
The legal and ethical basis of H1B visas is that they are NOT designed simply to depress wages. But that is exactly what they are used for.
jakelarkin 10y ago
the intent and spirit of law is that the companies are hiring H1Bs for positions that could otherwise not be filled in sufficient quantity by Americans. Companies and Customers win, and American labor should experience no measurable harm. Not that I would but one could even argue that the way that AppleGoogleFacebookMicrosoft use them to hire students is even okay since they probably cannot fill the volume they need with American STEM grads. This end-run with the outsourcers is a particularly egregious perversion of the law because they're bringing H1Bs with the intent to fire and replace Americans. There's also an angle of age-ism where they are firing older IT professionals in their 40s, 50s, 60s who have accrued higher pay-grades , and replacing them with less productive but much less costly young foreigners. Only losers are employees who need quality IT help, but who cares about that.
Spooky23 10y ago
The purpose of the law is to prevent the labor market in general and the H1-B workers in particular to be exploited. The purpose of H1-B is to make it possible for employees with extraordinary skills to work in the United States. Over time, companies have figured out ways to use intermediaries and others means work around the legal controls to exploit immigrant labor. If you work in the technology industry, this should concern you, as allowing organizations to do this sort of thing is ultimately reducing your compensation. If you don't believe me, look at the salaries & benefits (which are often public record) at regulated or government organizations that require US citizen labor. Line employees tend to make more in those environments.

prostoalex 10y ago

> H1B applier must certify no current American employees harmed by the visa HCL and Cognizant likely already had a pool of employees with valid H1-Bs ready to be deployed at vendor's location. As those workers were new to HCL and Cognizant, it's likely that no HCL and Cognizant employees were harmed. Disney outsourced the contract, and HCL and Cognizant emerged as the highest bidder. To go after Disney you'd have to prove that it's somehow illegal to use third-party vendors for parts of the operation.