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Two senators claim that Indian outsourcers are abusing H-1B rules and using the visas to stock their U.S. operations with low-paid Indian nationals.
Sens. Chuck Grassley, R-Iowa, and Dick Durbin, D-Ill. both of whom sit on the Senate Judiciary Committees immigration subcommittee blamed the Indian companies of using the so-called H-1B visas to replace qualified American workers."
A joint statement issue by them on Monday clarifies that the H-1B program, administered by U.S. Citizenship and Immigration Services, allows companies to bring in skilled workers from foreign countries for up to a period of three years. There is a provision to renew the visas for one additional three-year period if situation demands. Under program rules, employers are required to pay H-1B workers the wage that is in par with their industry standards and geographic location, and in a place that is visible to other workers.
The two senators claim that Indian outsourcers use the program to expose their Indian workforce to U.S. customer operations easing the process of ultimately moving the work offshore.
Taking into account the high amount of fraud and abuse in the visa program, the Senator Mr.Grassley requested the need to take a good hard look at those employers who are using H-1B visas and how they are using them.
In a move to get clear indication Grassley and Durbin on Monday sent out letters to the CEOs of the top nine foreign-based visa users, including Indian outsourcers Infosys Technologies, Wipro Technologies, and Tata Consultancy Services, asking for details about how they use their H-1B visas. They are also seeking information on the wages paid to the visa workers and what steps were taken to recruit U.S. citizens before hiring foreigners.
But, unlike permanent resident, or green card visas, the H-1B program does not require employers to prove non availability of American citizens for the job in question before they can hire a foreign applicant. The Senators Grassley and Durbin want this clause to be changed. They recently introduced legislation that would give American workers priority over H-1B visa applicants when it comes to filling domestic tech jobs.
Powerful tech giants like IBM, Microsoft, and Cisco Systems (CSCO) who are strong supporters of the H-1B program have countered the above claim. According to them they need access to foreign workers, for what they say is to fill the shortage of hi-tech workers in the United States.
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