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Dear Editor:
I read Paul Donnelly's article and arguments for the masculation of the H-1B visa program. While it is debatable whether the program is a "subsidy" he gave no concrete evidence that the visa program was directly responsible for the massive 401(K) losses, and the downturn of the economy in the software and telecommunications industry. In fact, if he read business dailies such as the Wall Street Journal, he would quickly see that the cause for investor losses have had more to do with fraudulent accounting practices and mistatements of earnings, and the lack of corporate spending on telecommunications equipment and related software technology, not because of the use of the H-1B program.

It is interesting to note that Congress and the SEC has not come to the same conclusion that he has about investor losses. I have read thoroughly the recently enacted Sarbanes-Oxley Act of 2002 and found no provision amending the immigration laws. Obviously, neither Congress or the Bush Administration has determined that the H-1B subsidy has caused any of the investor losses that he claims to have occurred.

Finally, he failed to ignore the simple truth of why employers had to turn to the H-1B program. Employers did so simply because these workers were qualified and there was simply a severe shortage of such qualified workers. Mr. Donnelly's article did not say that qualified US workers were ignored and not hired, it simply implies US workers were ignored. US workers who were not qualified would not have been hired for IT jobs much less for any job for which they were not qualified. What is wrong with this? Likewise, Mr. Donnelly's article did not state that there was any evidence that employers used unqualified H-1b workers.

I am convinced that US employers would turn more to qualified US workers if they were available. He failed to recognize that the US public education system has not done a very good job in training our American youth in hard core areas of science and math that is crucial to holding such jobs. Why aren't our college and university engineering classrooms filled with more American students, rather than crammed with foreign students? Does he propose that we start eliminating F-1 student visas because they are a subsidy for our American colleges and universities?

Mr. Donnelly's motives are clear. I am not fooled.

Harry J.Joe
Immigration Law Practice Group Leader
Jenkens and Gilchrist , PC