Justin of Chicago, IL's latest letter insists that H-1Bs can
change jobs as often as they like. This of course ignores my point that
although the H-1Bs have the legal right to move, they typically cannot
afford to do so if they are being sponsored for green cards by their
employers. Starting the multi-year green card process from scratch
again with a new employer is simply an infeasible option. Immigration lawyers who read Immigration Daily know all of
this quite well. This is why I apologetically but frankly used the word
"disingenuous" the other day, concerning some of the letters in this
Justin's letter states that the H-1Bs his office represents get raises, and that
they are paid above the prevailing wage. Whether that is true or not in
their cases (and I have very serious doubts that it is), the fact is
that most H-1Bs are simply not compensated as well as similar Americans.
I've mentioned that a number of statistical studies show this, and the
employer survey done by the congressional-commissioned NRC report found
that the H-1Bs tended to get "lower wages, less senior job titles,
smaller signing bonuses, and smaller pay and compensation increases than
would be typical for the work they actually did", quite a statement in
view of the fact that the NRC commission consisted mainly of industry
representatives and their allies. And again, one doesn't need data to
understand this in the first place. If one cannot move about freely in
the labor market, one generally cannot get as high a wage as a USC or
LPR would; that's Economics 101, folks.
Justin's letter then implies that the underpayment of H-1Bs is merely an
enforcement problem. This isn't the case at all. On the
contrary, there is nothing to enforce. The law, and especially the
regulations, are so full of loopholes that it is very easy to underpay
an H-1B and yet still be technically in full compliance with the law.
When Justin says his H-1Bs get paid over prevailing wage, what he is
omitting is the point that "prevailing wage" is the wage calculated
according to a myriad of loopholes. Once again, I hardly need to
explain this to a group of immigration lawyers. Come on, everyone. Everyone knows
those loopholes, I know them, you know them, the big HR departments know
them. And we all know whose lobbying got the federal legislative and
executive branches to put in those loopholes.
Share this page
Bookmark this page
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995- American Immigration LLC, ILW.COM