NOTE: Going forward the initial policy draft presented will be further defined using a collaborative approach with @GoUSA @waynetom @Momzilla. If anyone is interested in working with us, please let me know.
PLEASE consider giving the policy your vote.
We are enhancing the policy to quantify how prevalent this issue truly is and providing recommendations for holding companies accountable. Those not close to the H1B Visa hiring practices would be shocked how many Americans get shut out from being hired due to the hiring of H1B Visa workers instead. Quantifying the impact will bring it to light.
INITIAL POLICY DRAFT
The jobs that have moved offshore are gone forever and will never to be back. At least when manufacturing jobs go overseas, there is a focus to bring them back.
The jobs held by H1B Visa workers are gone too and will never be available to Americans again. Maybe there is hope and a policy can be put in place to help save what IT and other specialty jobs are left for Americans.
Outsourcing of American white collar jobs to non American workers happens one of two ways.
Offshore Outsourcing
Various white collar jobs have been shipped offshore allowing corporations to replace jobs held by Americans. Jobs in call centers, finance, human resource, and IT are outsourced off shore in places like India and Philippines.
Offshore jobs pay a ridiculous low rate of under $50 a month to replace the work of an American. The replacement of the American worker with an offshore worker is not necessarily at the same level of productivity or work performance. In many cases, it takes more offshore resources to meet the level of productivity of an American. Offshore resources in call centers use a script and lack any understanding of the American culture (i.e. criticality of an issue as it relates to every day life in the USA). In other offshore roles, in most cases the level of knowledge is not as profound as it is for an American.
Onshore Outsourcing- Specialty Skilled H1B Visa
The jobs classified as jobs with specialty skills provides a way to allow corporations to hire H1B Visa workers here in the USA. H1B Visa program provides a way to fill jobs where there supposedly arenât enough Americans with those specialty skills.
Typically H1B Visa workers are willing to work for a salary far below what is paid to an American with that same specialty skill. Corporations have found a way to hire H1B Visa workers instead of more qualified Americans.
What starts off as hiring one or two H1B Visa workers evolves into an entire team of H1B Visa workers. It continues to evolve into leadership in IT Departments and Engineering Departments being dominated by foreign workers here on H1B visas.
Culture Shift in Department away from USA
The overall culture of departments dominated by H1B Visa workers does not resemble anything in American culture. Depending on where the H1B Visa workers are from, the cast system and hierarchy protocol is followed. The overall interaction of the team is one where individual contributors are talked to condescending. The American culture is to ignore titles and do what it takes to get the job done through teamwork and collaboration.
Competing with H1B Visa Workers
Once a H1B foreign worker is in a hiring manager position, they hire only those with similar culture backgrounds here on H1B visas instead of Americans. The American gets rejected even if they are more qualified. There is no way to prove the American is more qualified. For any American on a team of H1B Visa workers and they are the minority, the American can experience bullying and no consideration given to their ideas or what they can contribute. The language spoken among the team in common work areas is not English so the American is shut out when relevant work-related conversations take place. Also, any American in an individual contributor role where they are the minority will have difficulty advancing especially when the promoting manager is a H1B Visa worker. Being a woman has even more challenges in this environment.
Advancement of H1B Visa Workers
For H1B visa workers to advance in a company, a job opening is created for a role to promote the H1B visa worker. The job is posted for internal and external applicants.The corporation already knows the job is designated for the specific H1B Visa worker, but they must go through the formal process of showing they tried to hire an American. Once they get the right number of internal and external applicants interviewed that are American, the company can move forward with the hiring of the H1B Visa worker in the new role. No matter how qualified an American may be, the company rejects all other applicants as not qualified thus hiring the H1B Visa worker for the job posted.
Proposed Policy
There is no incentive for corporations hire Americans.
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Cost of H1B Visa paid by companies needs to be significant. It needs to be at least 3 years of the American salary for that specialty skill.
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Penalty fine paid by companies for each job they fail to hire a qualified American.
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Any job sent overseas results in a penalty being paid by companies equal to three years of the salary of the American job being outsourced.
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Americans who lose their job due to it being moved overseas are compensated by the company with three years full salary including medical benefits and incentives.
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An American who loses a job outsourced to overseas or outsourced in the USA qualifies for paid education to enhance skills.
More details need to be put into this plan. Too much of this is subjective and a way for a company to work around the policy to not pay penalties and incentives