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Profit Without Honor
Profit Without Honor

The latest way to make a buck is to get your company some very cheap labor using L-1 visas. You can pay the new workers less than minimum wage - and it's completely legal.

The way the L-1 visa program works is simple. All L-1 employees must have been employed by the company outside of the U.S. for at least one of the three years preceding the transfer. It doesn't matter if the worker was directly employed by the sponsor, or paid through a personnel agency, or even on a freelance basis, provided the sponsor had management and control of the worker during the qualifying year.

The standard of proof for managers and executives is quite strict - they must generally supervise other professional or managerial staff and/or direct and control the day-to-day operations of a significant function, unit, or subdivision of the employer. Specialized knowledge workers, however, qualify relatively easily; any employee possessing familiarity with the employer's specific products, procedures, or methods can qualify.

L-1 visas allow companies to transfer workers from overseas offices to the U.S. for up to seven years, ostensibly to familiarize them with corporate culture or to import workers with "specialized knowledge."

It also lets companies continue to pay workers the same wage they earned in their country of origin. Indian workers receive roughly one-sixth the hourly wage of the average U.S. programmer, who makes about $60 per hour in wages and benefits.

These companies may provide L-1 workers with additional compensation so they can continue to eat in the U.S. and may also pay for housing, transportation, and medical care. Some even claim that the package ends up costing significantly more than hiring a U.S. worker. Ask anyone who works for one of these companies why they don't take this package, if it's such a good deal.

I wonder why the publicly traded companies that use L-1 workers won't disclose how many they import? Many bring in workers through consulting firms, usually Indian companies.

One executive of a public company stated, "I don't think this issue is restricted to 'cheaper' labor, but in many cases, cheaper and better. College graduates in the U.S. have two things going against them: their expectations are too high, and they're not motivated. I blame this largely on colleges and universities that instill an attitude of entitlement in our kids for four years."

Yes, dear executive, our children have come to expect the American dream of owning a home and a car, along with having freedom of choice and the right to pursue happiness. And - unlike L-1 workers - not to have to worry that their boss will wake up one day and decide that today is their last day with the company, at which point they can be quickly thrown out of the U.S. This threat brings the motivation to kiss up to your boss to a whole new level.

The State Department issued 28,098 L-1 visas in the past six months. Charlie Oppenheim, the State Department's chief of immigrant visa control, recently stated that the number of L-1 workers in the U.S. is likely much higher, as each visa allows a worker to enter the U.S. multiple times over several years. There is no limit on the number of L-1 workers companies may import each year.

The L-1 visa program is the single greatest state-sanctioned human injustice in the U.S. since the abolition of slavery. The L-1 visa program creates a class of residents in this country who have none of the opportunities that turned the U.S. into a beacon of freedom to the world. The freedom to do as well as one can - this is what attracted many of the greatest minds of the 19th and 20th centuries to come here - a better life for themselves and their families. It is exactly what made America great.

Think for a moment how different this country would be if the L-1 visa program had been in effect for the past 100 years.

My mother's parents came from Sicily in 1920. If they had come here on an L-1 visa they would have been sent back long before my mother was born, so she would have never met my father, and this editorial wold not exist. The very magazine in your hands would vanish, for the publisher of this magazine is also an immigrant. And probably more important to you - unless your lineage is exclusive to individuals who came to the U.S. before 1903 - you and your family would not exist either.

About Jacques Martin
Jack Martin, editor-in-chief of WebSphere Journal, is cofounder and CEO of Simplex Knowledge Company (publisher of Sarbanes-Oxley Compliance Journal http://www.s-ox.com), an Internet software boutique specializing in WebSphere development. Simplex developed the first remote video transmission system designed specifically for childcare centers, which received worldwide media attention, and the world's first diagnostic quality ultrasound broadcast system. Jack is co-author of Understanding WebSphere, from Prentice Hall.

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Reader Feedback: Page 1 of 1

Definately there is concern about growing unemplyment in US but at the same time looking through business perspective IBM, Intel, Cisco are doing business on low margins for that they have to get things done at cheaper rates, isn't it?

I was not dirrecting this editorial at IBM. I was directing it at the IT industry as a whole.

Guys like Kiran Karnik, President of the National Association of Software and Services and Companies said, ? Any constricting of the visa process in whatever name like more care, security and processing time is bad for the industry.? He's more likely your guy.

Visit his web site at http://www.nasscom.org/

For your information Intel and Cisco also use L-1 Visa workers.

Will you tell your customers to stop buying Intel and Cisco also.

This is precisely the reason why, I will try to persuade my clients TO NOT USE IBM products, services, or personnel.

They are 21st century slave-traders.

Given the performance of many of the CEO's out there, maybe the U.S. should start outsourcing CEO positions to India too.

It is interesting that you have this article in the Websphere Journal. IBM uses Indian workers here in the US on L-1 visas to replace US Citizen workers. I know, I was one of them being replaced. The L-1 visa holder came here for training for 3 months and then took my job back home to IBM India. I was working for a client of IBM US at the time and they (the client) outsourced all of our jobs to IBM India via IBM US. I was lucky enough to find another job (for a significant cut in pay), but many of my former co-workers are out of work.


Your Feedback
Prabodh Jogalekar wrote: Definately there is concern about growing unemplyment in US but at the same time looking through business perspective IBM, Intel, Cisco are doing business on low margins for that they have to get things done at cheaper rates, isn't it?
Jack Martin wrote: I was not dirrecting this editorial at IBM. I was directing it at the IT industry as a whole. Guys like Kiran Karnik, President of the National Association of Software and Services and Companies said, ? Any constricting of the visa process in whatever name like more care, security and processing time is bad for the industry.? He's more likely your guy. Visit his web site at http://www.nasscom.org/ For your information Intel and Cisco also use L-1 Visa workers. Will you tell your customers to stop buying Intel and Cisco also.
John Stewart wrote: This is precisely the reason why, I will try to persuade my clients TO NOT USE IBM products, services, or personnel. They are 21st century slave-traders.
Brett Zamora wrote: Given the performance of many of the CEO's out there, maybe the U.S. should start outsourcing CEO positions to India too.
Douglas Blatt wrote: It is interesting that you have this article in the Websphere Journal. IBM uses Indian workers here in the US on L-1 visas to replace US Citizen workers. I know, I was one of them being replaced. The L-1 visa holder came here for training for 3 months and then took my job back home to IBM India. I was working for a client of IBM US at the time and they (the client) outsourced all of our jobs to IBM India via IBM US. I was lucky enough to find another job (for a significant cut in pay), but many of my former co-workers are out of work.
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