Tech companies have an insatiable appetite for an exploitable class of labor; hence their desire to raise the cap on H-1b visas. These visas are a favorite for Indian tech companies like Infosys and Tata - who offshore software service projects to India.
What makes them popular is that the vast majority of H-1b workers are paid well below average wages when compared to their American counterparts, they are prevented from changing jobs, and the workers are reliant upon the continued sponsorship of the company they work for (or they can be deported). Should they question the company or ask for better working conditions, they would likely be fired and ultimately deported.
(Important Details Follow)
I am posting the abuse of H-1b workers by a company in Maryland called Axiom in hopes that somebody does something. By following the link you will discover what I am told is a typical contract between "body shops" and H-1b visa holders: http://www.coderbrig...
The first page is a job offer (notice the below average salary for a software engineer) and the following pages are what I call an indentured servant contract. I have blacked out the name to protect the victim. This contract was released to me by an Indian activist seeking fair treatment of Indian workers. Here are some key points when reading over the contract:
-Axiom will pay the costs to file a permanent resident (greencard) application - seems nice enough.
-Axiom can terminate contract and withdraw greencard application at any time, for any reason.
-Visa applicants salary will be 65% of the hourly bill rate that the client pays.
-Now here is where it gets heavy handed. Should the applicant leave Axiom or be terminated within 12 months of starting the applicant will be liable for $8000 in damages.
-Should the applicant change jobs within 12 months of gaining their greencard - Axiom deems this FRAUD and will notify the USCIS. FYI, this is probably illegal - I consider it threatening in nature.
-Applicant is an at-will employee. I think we have established this part by now.
-Terms of this agreement are confidential. Don't tell anyone!!! BTW - if you are in an unfair contract, please come forward. Especially if you already have your greencard. Despite the threats, they have no more control of you.
I would like to mention one more thing. Aside from contractual agreements that a company may require the H-1b worker to sign (like the one described above) the immigration process is also flawed. H-1b workers are allowed to apply for permanent residence (Axiom can help if you sign your life away).
Unfortunately, if the worker changes jobs the process resets and they are sent to the back of the line which can cost them years of waiting for their permanent residence. Many give up first and return to their home country. Because of this workers are essentially stuck with their sponsoring company - who has no reason to offer them competitive wages because THEY CAN'T COMPETE FREELY IN THE OPEN JOB MARKET.
In short, the H-1b workers catch hell from two sources: the employer who controls their very ability to live in this country, and the flawed immigration policy that sends them to the back of the line if they seek a better job.
The bottom line is this - if you support the exploitation of immigrant (or non-immigrant) workers, ask Congress to raise the H-1b cap. If you are opposed to what I call "slavery-light" then ask Congress to protect both American and foreign workers from this harmful program.
Hopefully Jim Webb will introduce a bill in the Senate to first fix the problem - ie abuses of immigrant workers and replacement of American workers - and then once the H-1b is fair consider expanding it. For it to be fair major reforms would be required, and I am not sure the good guys (politicians not sold out to big business) have the votes to fix it.