H-1B visas thwart anti-age discrimation statutes

From: "Kim Berry"
To:
Subject: RE: H-1B visas thwart anti-age discrimation statutes
Date: Mon, 30 Aug 2004 18:42:36 -0700

Ian - I submit to you the following. I hope you will give it a nice format and/or post it on your website. - thanks

TCS (Tata Consultancy Services), a large Indian consulting firm operating in the U.S., is staffed heavily with H-1B and L-1 visa holders. The DOL's LCA records reveal that over 10,000 LCAs for this company alone have been granted, with wages as low as $25,000 per year. Pursuant to Congressional mandate, TCS is not required to consider qualified U.S. workers in order to obtain visas to hire these foreign workers, predomately from India.

The LCA Database reveals the scope of this job loss - thousands of jobs given way to this one employer, which should have been offered to the U.S. tech worker victims of the dot-com crash:

http://www.h1b.info/lca_job_list.php?name=TATA+CONSULTANCY+SERVICES&company=tata&city=&state=&year=ALL

According the the BLS, upwards of 20% of U.S. computer programmers are either unemployed, or, due in large part to the 500,000 H-1B workers that Congress has flooded in since 2000, have been displaced from their profession:

http://www.programmersguild.org/docs/bls_150000_programmers.htm

While the U.S. has anti-age (and sex) discrimination statutes on the books, they are shamelessly violated by the H-1B visa. The vast majority of H-1B tech workers are male, and TCS' website boasts that only one percent of their workers are over age 25:

http://www.tcs-america.com/careers/whyjoin.html

Age Profile 20-25 years — 50%
25-30 years — 38%
30-35 years — 9%
35-40 years — 2%
40+ years — 1%

What does Congress propose that U.S. tech workers do from age 40 - when Congress displaces them from their professions - and age 67 -- which Congress has set as the age to receive social security? This is 27 years!

This problem could be resolved by suspending all H-1B visas and reposting the positions. Instead DOL is busy processing bogus job ads under the DOL RIR program to grant green cards to all these workers that have violated Americans' liberty and property right to work in their chosen profession.

Sincerely,
Mr. Kim Berry
Sacramento
President, Programmers Guild
www.programmersguild.org
cell 916 213-0492

From: Ian Fletcher, VP AEA [mailto:ianfletcher@aea.org]
Sent: Monday, August 30, 2004 6:35 AM
To: Kim Berry
Subject: Re: H-1B visas thwart anti-age discrimation statutes

If you can give me a succinct and clear write-up on this problem (no more than 1/2 page) I will forward it to my Congressional contacts.

Ian

Kim Berry wrote:

Congressman Matsui and Ose, 916 498-4600 / 916 489-3684

TCS (Tata), a large Indian consulting firm operating in the U.S., is staffed heavily with H-1B and L-1 visa holders - your own government records indicate wages of $25k/year for these workers - granting LCA's for over 10,000 foreign workers to this one Indian employer, with no requirment that Americans even be considered:

http://www.h1b.info/lca_job_list.php?name=TATA+CONSULTANCY+SERVICES&company=tata&city=&state=&year=ALL

Here's one LCA April 2003 for Roseville CA, $37k/year: - while I know several tech workers in this area that could not find jobs during the period that DOL granted this LCA:

http://www.h1b.info/lca_job_details.php?oid=a686778&page=1&sort=&name=TATA+CONSULTANCY+SERVICES&company=tata&city=&state=CA&year=2003

On their website they openly boast of this discrimination - do you agree that, statistically, this suggests age discrimination? What are tech workers supposed to do from age 40 - when you condone this discrimination - and age 67 - when you deem that these workers should work until they can receive SS? (newflash - few private jobs offer pension plans)

http://www.tcs-america.com/careers/whyjoin.html

Age Profile
20-25 years — 50%
25-30 years — 38%
30-35 years — 9%
35-40 years — 2%
40+ years — 1%

I've asked you why you both condone flooding another 65k of these workers in this fall - no response. I've asked you to cite one employer in the Sacramento region that claim that they have openings that they cannot fill with Americans - no response.

What is going on? You both have Congressional retirement plans that far rival the SS that you continue to take away from your constituents. And you both have net worths that make those plans unnecessary in your instances. Why are you continuing the wholesale slaughter of U.S. tech workers?

ALL WE ASK IS THAT AMERICANS BE CONSIDERED FIRST BEFORE THE VISAS ARE GRANTED FOR FOREIGN WORKERS - WHY DO YOU OPPOSE THAT?

WE HAVE BEEN ASKING FOR TWO YEARS - WE DEMAND AN EXPLANATION.

Sincerely,
Mr. Kim Berry
Sacramento
President, Programmers Guild
www.programmersguild.org
cell 916 213-0492