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Reality Check | Ephraim Schwartz » Professor refutes claims of IT job growth

April 25, 2007 | Comments: (0)

Professor refutes claims of IT job growth

The debate between industry organizations and those with their feet on the street continues over whether or not H-1B visas cause unemployment in the high tech sector.

I received a very thoughtful response to the blog I posted on Tuesday, AEA study says high tech employment and salaries coming back to 2000 level, from Norm Matloff, UC Davis professor of computer science.

Since Matloff disagrees with most of the findings of the AEA [American Electronics Assoication], I thought it would be worthwhile to share with readers some of what he had to say, especially since as I stated at the end of that blog that the AEA, founded by David Packard, has over 2000 members all of whom are high tech employers and as such they support the idea of unlimited "skilled immigration."

Let me preface Matloff's comments by adding a bit of background to what he has to say. Matloff''s arguments are predicated on the belief, which is still debated by some but not by me, that U.S. workers are being treated unfairly.

See The H-1B Swindle, a blog I wrote back in October 05.

Matloff believes that foreign nationals are being paid at lower wage rates than U.S workers and this is the reason why companies want an increase in the H-1B visa cap. It has little to do with the non-availability of skill sets among U.S. workers.

From Norm Matloff:
"The study makes the usual errors in discussing the number of jobs in relation to the H-1B issue, and especially in relation to its impact on American programmers and engineers.

The study doesn't break the number of jobs down according to the relevant categories. Note carefully that the numbers of jobs quoted were counts of positions in Software industry SECTOR, not software development jobs.

That industry sector has tons of jobs which do not involve software development, such as writers of software documentation, people who manage the releases of new versions of software, people who market or sell software, etc.

These are nontechnical jobs that H-1Bs are not hired for,and thus shouldn't be counted in a study that argues that job growth numbers imply that we need more H-1Bs.

The jobs that count are software developers and system/data administrators. These are the ones taken by computer-related H-1Bs, and these are the ones computer science graduates are trained for, rather than for, say, software marketing."

Here is one of Matloff's strongest arguments when discussing H-1B caps and employment.

"...the H-1B cap limits the number of NEW visas issued each year. Since the visa is good for six years, one can get rough idea of the number of H-1Bs in the na-tion at any given time by multiplying the cap by 6.

The cap has been at 65,000 per year since late 2003, and between 2000 and 2003 the cap was 195,000 per year. So, we are talking about something like, say, 600,000 H-1B visa holders being in the U.S. right now, with about 300,000 of them in the computer field.

So you can see that any discussion of job growth is meaningless unless one discusses how many of those jobs are going to H-1Bs, L-1s etc."

Finally, Matloff disputes the AEA claim that the unemployment rates for computer related jobs is very low. The AEA study pegged it at 1.9 percent for electrical engineers and 2.5 percent for computer scientists.

"Predictably, the AEA study cites low unemployment figures for programmers and engineers. These are meaningless, because the programmers and engineers who can't find jobs in the field are forced to go into other occupations. They then count as EMPLOYED in those other occupations.

As Gene Nelson once put it so succinctly, the former programmer who is now working as a security guard is counted in government data as an employed security guard, not an unemployed programmer. (For a more formal statement of this see Carol Veneri, Can Occupa-tional Labor Shortages Be Identified Using Available Data?, Monthly Labor Re-view, March 1999, p.15.)"

I hope these excerpts from Norm Matloff help to balance the scales in this continuing debate.

Posted by Ephraim Schwartz on April 25, 2007 01:07 PM


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H-1B visas have an initial validity period of up to 3 years and can be renewed for another up to 3 years, but then one can also get year to year extensions. We've seen a few stories in recent months bewailing the situation of someone on an H-1B who has been in the USA for 7 years with a green card application still pending.

Also, in 2004 November (stuffed into an omnibus spending bill), the annual cap was supplemented by 20K "exemptions" to make it over 85K H-1B visas per year.

In 2004, US citizens earned over 66K degrees in computer science and technology alone, according to NCES.

Dr. Matloff's estimates are therefore conservative.

Between the pool of educated but under-employed and unemployed, and the stream of new grads we have more than enough people to do the work. At the same time the influx of foreign workers has been more than new jobs created.

Oh, and the report we're discussing came from the AeA (lower-case 'e', formerly American Electronics Association) not the AEA (American Engineering Association http://www.aea.org/ ).

If you look at production workers (including salespeople, secretaries, clerks...) in the Software Publishing industry, and even if you don't separate out H-1B guest-workers and L-1 guest-workers from US citizens and green card holders, etc., you still see a dearth of employment since 2000.
http://www.kermitrose.com/images/SWProdDev.jpg

Posted by: jgo at April 25, 2007 05:41 PM

Thanks Ephraim for this Reality Check. I'm the Gene Nelson cited by Professor Matloff. I'm unemployed. Here are some more details on this scandal. I call the H-1B Visa the Abramoff Visa.

These leaders associated directly or indirectly with lobbyist Jack Abramoff will not be a part of the 110th Congress: Rep. Tom DeLay (R-TX), Rep. Bob Ney (R-OH), Rep. Richard W. Pombo (R-CA), Rep. J.D. Hayworth (R-AZ), Rep. John E. Sweeney (R-NY), Sen. Conrad Burns (R-MT), and Sen. Mike DeWine (R-OH).

For details, use "Abramoff" as a search term in the CQPolitics website. Unfortunately, some leaders apparently did not learn this lesson.

First, as a bit of background, here is how InfoWorld readers may confirm that Microsoft lobbyist Jack Abramoff lobbied for expansion of the harmful H-1B visa program in 1998.

In 1998, Microsoft lobbyist Jack Abramoff lobbied former U.S. Representative - and Majority Whip Tom DeLay's office for expansion of this controversial visa program as shown in disclosures posted at the U.S. Senate Office of Public Records. Here is the process to see them...

Go to http://sopr.senate.gov/.

Select the link to view lobbyist disclosure records. Use "Abramoff" as the lobbyist name. Select "Jack Abramoff" as the lobbyist name. Then view line 22, which is the 1998 mid-year report for Microsoft Corporation. Page one of this report shows that Microsoft paid Abramoff $360,000 for six months (or $60K/month). Then, go to page six of 11. The reader will learn that DeLay's office was lobbied by Abramoff regarding "H.R. 3736, The Workforce program and S.1723 American Competitiveness Act (sic), all provisions relating to the H-1B visa program." William Jarrell, Rep. DeLay's former Deputy Chief of Staff was lobbyist.

Nonpartisan site http://www.PublicIntegrity.org provides documentation of the $46,020,000 that Microsoft Corporation has spent on lobbying between 1998 and 2004. Add the $15,420,453 in campaign donations at http://www.OpenSecrets.org since about 1998. In exchange for these funds, Microsoft has been able to save billions annually in salary and benefit avoidances. http://www.H1b.info shows over 4,327 H-1Bs directly employed by Microsoft between 2001 and 2003. (Many more are hired via contractors such as Tata, Infosys, Satyam, etc.)

Thus, there were "Things of Value" provided in exchange for "Official Acts." However, 18 U. S. C. §201(c)(1)(A), prohibits giving "anything of value" to a present, past, or future public official "for or because of any official act performed or to be performed by such public official."

Sen. John Cornyn (R-TX) attempted to push through a version of his S.2611 in the last days of the lame duck session of the 109th Congress. The House counterpart was HR.5744. S.2611 could caused the largest (and open-ended) expansion of the H-1B visa program in its 16 year history. This "under the radar" action is extremely controversial!

Bill Gates, III was the sole witness at a March 7, 2007 H-1B hearing called by Sen. Edward Kennedy (D-MA.) No rebuttal witnesses were allowed to testify in response to Bill Gates, III's calls for "infinite" H-1B visas. See: http://www.coxwashington.com/hp/content/reporters/stories/2007/03/08/BC_GATES_COMPETE08_COX.html

A version of S.2611 has already been introduced by Senator Cornyn in the 110th Congress, so U.S. technology professionals are again endangered by this "government subsidy" program.

Lobbyist (and convict) Jack Abramoff's role in the destruction of the American science and engineering enterprise is under-appreciated.

--------------------------------------------------
About The Author

Gene A. Nelson, Ph.D. has been active in high-tech workforce issues for over two decades. His 1984 Ph.D. thesis involved the interactions of alpha particles from Polonium-210 with a model biological system. This research was very obscure and resulted in only a few abstracts and talks, including one at Los Alamos National Laboratories. Suddenly, his thesis work has become much more relevant as a consequence of the poisoning of Alexander Litvinenko with Polonium-210. His thesis work could have resulted in improvements to radiation therapy against cancer. He has been passionately involved in workforce issues, including giving testimony in the U.S. House of Representatives in 1999. He has learned that there are two men who have been architects for the destruction of the American science and engineering enterprise. One is a name that you have probably not encountered: Joshua Eilberg, a former U.S. Representative from Philadelphia, Pennsylvania. The second, widely known, is Microsoft Corporation lobbyist Jack Abramoff. For background, see his 2005 article "Career Destruction Sites - What U.S. colleges have become" http://www.thesocialcontract.com/pdf/fifteen-three/xv-3-207.pdf. The table for this article is available at: http://www.jobdestruction.com/library/brainsavers/h%2D1bvisausage%5Fnih%5F2003.pdf. Contact the author at c0030180-at-airmail-dot-net

Posted by: Dr. Gene Nelson at April 25, 2007 06:54 PM

The h-1b program is a legal restriction (not a free-market tool) it creates a class of people that are afraid to leave their employer.

In open testimony before congress, a job applicant was not considered for a job, simply because she could not be sponsored on an h-1b visa.

Competition for some jobs is not free, nor fair, because the foreign candidates (in several completely unrelated areas) enjoy an artificial legal classification that makes them preferable to U.S. Citizens.

All workers are asking for is to open this market to U.S. citizens, for a fair competition for jobs. Some employers (such as Wipro, Tata...) do not want this to occur. It's not surprising that these same IT Offshoring firms are the biggest users of h-1b visas.

The Indian Commerce Minister himself referred to the h-1b visa, as the "Outsourcing Visa".

It is clear that Indian IT Offshoring firms prefer the h-1b Visa, because they can keep control over their employees, and then bring them home in order to continue the offshoring process.

Offshoring, errodes the tax base. This errosion of the tax-base is helping to create a huge annual budget deficit. Because spending has been based upon rosier than reality projections of national income growth.

Sadly, Republicans have a history of makeing tax-cuts and then predicting a balanced budget based upon a rosier than reality growth in U.S. Income. This never happens, and so that is why the american people are stuck with an 8 trillion (almost 9 trillion) dollar national debt, that is growing rapidly.

Half of a typical engineers salary goes to taxes. Taxes that defend the world from terrorism, keep our senior citizens healthy, keep up our infrastructure, and keep up our fire and police departments.

And that pay a huge service on the National debt.

We need to treat this country like a business (a little fairness on the part of traitorious business interests could go a long way), and because India and China already treat their economies as a business. We need to realize (fundamentally and deeply) that we need full employment in the U.S. at all times. One default by the U.S. government, and the world will be slung into a recession, possibly a severe depression.

Hey Japan had a 2% unemployment rate for a decade, what the heck is wrong with everyone working? Inflation in the U.S. is also a function of resources and productivity. Instead of preaching about the value of being unemployed, I think Republicans ought to start think a little more positive.

Namely, conserve resources, increase productivity.

Posted by: jake leone at April 26, 2007 09:10 AM

The primary objective of my feedback here is the importance for the focus regarding the H1B Guest Worker Visa program to be on ensuring severe limitation on the H1B Visa Cap… preferably 65,000 per year and then decreasing the Cap by 10,000 per year in the coming years until the cap of 0, ZERO is achieved.

ADVERSE AFFECTS OF H1B VISAs:

Please be aware that the H-1B Visa program has adversely affected hundreds of thousands of American Technology Workers who have been repeatedly denied and depived Equal Employment Opportunities.

Also view “The Wirtz Report� http://edocket.access.gpo.gov/2006/E6-13138.htm
which recognizes the high rates of unemployment among older workers in the USA.

To deny employment to qualified American Workers and hire less qualified H1B Visa workers is discrimination based on National Origin and also age if the American Worker is over 40.

Civil Rights Complaints… Failure to Hire based on Age and National Origin… may be filed at state level
Departments of Human Rights, example: http://www.state.il.us/dhr and

· The Federal EEOC http://www.eeoc.gov and

· The Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices http://www.usdoj.gov/crt/osc

The Civil Right Act of 1964, page 2, prohibits hiring based on National Origin… Yet there are many examples of this in the IT Industry.
It is also discrimination when job advertisements recruit “H-1B� or Citizenship status or based on National Origin and violators are to be reported to the DOJ-OSC
http://www.usdoj.gov/crt/osc/pdf/engfrm.pdf .

Technology companies (nor their staffing companies) advertise jobs to the available local talent pool of candidates. Just look in the news paper section under engineering… hardly anything there. Go online to CareerBuilder or Monster and search for a Software Engineering or Electrical Engineering position. Tell me… what do you see?
What you see for the most part is third parties advertising 3 month contract jobs.
This technique is well known for its intent and purpose… to discriminate and deny and deprive Equal Employment Opportunities to qualified local candidates.

To learn more, just go and read the Age Discrimination in Employment Act of 1967.
http://www.access.gpo.gov/nara/cfr/waisidx_06/29cfr1625_06.html

For more information, see…
http://www.aea.org
http://www.competeamerica.us
http://www.toraw.org
http://www.h1b.info
http://www.techsunite.org
http://www.programmersguild.org
http://www.zazona.com
http://www.outsourcecongress.org/pictures/video

THE H1B GUEST WORKER PROGRAM:

“Monitoring� and enforcement have failed.
Things are so bad… USCIS, Citizenship and Immigration Services� has demonstrated
Itself as not even have the capability to count “how many� visas are granted… and granted
20,000 visas above and beyond what the law specified. The H1B Visa Guest Worker Program has, in may ways, proved itself to be untrustworthy.
Expending citizen tax dollars enforcement & monitoring has proved itself to perform poorly.

Even as the US entered recession in year 2000, Congress was asleep at the wheel and left the cap at 195,000 per year for years to come. This is totally unacceptable.

I can also assure you that the H1B visa program has nothing to do with “skills�.

A recent Duke University study, http://www.issues.org/23.3/wadhwa.html , indicates...

In an analysis of salary and employment data,
we did not find any indication of a shortage of engineers in the United States.

Nearly one-half of the respondents had acceptance rates of 60% or higher. Twenty-one percent reported acceptance rates of 80 to 100%, and 26% of respondents reported 60 to 79% acceptance rates. 88% of respondents to our survey did not offer signing bonuses to potential engineering employees.

U.S. corporations engaged in outsourcing engineering jobs said they did not mandate
that job candidates possess a four-year engineering degree.

Forty percent hired engineers with two- or three-year degrees, and an additional 17% said they would hire similar applicants if they had additional training or experience.

· Quality of Chinese Degrees: Some MoE information is available online, but detailed data, including the production of engineering master’s and PhD graduates, are published only in the ministry’s Educational Statistical Yearbooks.
These yearbooks generally are not permitted to leave China. In addition, the data are presented a year at a time and, in some cases, are available only in Chinese.

In Beijing, with the help of local students, we combed government libraries and bookstores, searching for these publications.

Quality of Indian Degrees: An added complication with India’s master’s degree data is that students can pursue two different master’s degrees within engineering, but graduates are often counted together. The first is a traditional technical master’s degree in engineering, computer science, or information technology. These degrees, which require two years of study, are similar in structure to master’s degree offerings in the United States and China. The second is a master’s of computer application (MCA) degree, a three-year degree that offers a foundation in computer science to individuals who previously had received a bachelor’s degree in a different field. Most MCA recipients receive an education equivalent to a bachelor’s degree in computer science.

Also, we obtained anecdotal evidence from business executives doing business in India and China that indicated that those were the countries with shortages.

Colleen

Posted by: Colleen Yuan at April 26, 2007 03:43 PM

As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, the H-1B rules clearly state that an H-1B worker can be hired even when a qualified American wants the job, and any American worker can be terminated in favor of an H-1Ber. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. Companies routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

Citizens should demand that both the H-1B and EB green card programs be abolished in their current form.

Posted by: JMS at April 26, 2007 09:07 PM

JMS:

Regarding your 2'nd sentence, could you please cite the H1B rule you are referring to, please?
We need to change this rule.

Also, join Programmers Guild if you can.
You can retain your anonymity.

Colleen

Posted by: Colleen Yuan at April 27, 2007 04:33 PM

Reply to Colleen Yuan:

The H-1B rule that I referred to can be found in the DOL publication named "Strategic Plan for Years 2006-2011".

The web site location for the document is

http://www.dol.gov/_sec/stratplan/strat_plan_2006-2011.pdf

Look at the second paragraph on the left side of page 35.

"H-1B nondependent employers are not subject to the conditions, and their H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of the foreign worker."

The vast majority of U.S. employers would be classified as H-1B nondependent under DOL regulations. This means that the rule I cited above gives most employers in this country the legal right to displace and exclude Americans from the workforce in favor of H-1Bers. This problem is further magnified by the issues with the EB green card program that I cited in my previous post.

I would recommend that all current and aspiring American professional workers take the appropriate pages from this DOL report and then contact their elected officials at the federal level and demand a full Congressional investigation into the H-1B and EB green card programs. They should also demand that these programs be done away with and replaced with a program that would allow only a small number of truly innovative foreign nationals to immigrate to the United States on a self-sponsoring basis.

Posted by: JMS at April 28, 2007 07:38 AM

Discrimination is always O-Kay…
UNLESS SOMEBODY COMPLAINS.

This is the way our society works.
If nobody complains… then nobody has been harmed.

Nothing they write in these H1B Rules overrides the Civil Rights Act of 1964 nor the EEOC Regulations!

This is unconstitutional… hiring by “national origin�... hiring based on "Age"... this is discrimination.

IT’S THE LAW:

Title VII of the Civil Rights Act of 1964
http://www.eeoc.gov/policy/vii.html

UNLAWFUL EMPLOYMENT PRACTICES
SEC. 2000e-2. [Section 703]
a) It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin;

EEOC Regulations
http://www.eeoc.gov/policy/regs/index.html
See 1607 Uniform guidelines on employee selection procedures (1978)
Paragraph B, last sentence…
“However, all users are encouraged to use selection procedures which are valid, especially users operating under merit principles�


If companies choose to use Alternative Selection Procedures (i.e. hire based on something Other than Merit) then it is very likely the company has discriminated against you…
Failure To Hire based on National Origin and Age.
For example: Say a company advertised a job and the job ad includes Something like H1Bs are Welcome.
You apply and the company never contacts you.
You file a complaint at DHR or EEOC.
When investigation has been completed, your request a hard copy of the file.
You find exhibits / evidence that the position “remained open�.
This is discrimination.
EEO is the Law of The Land.

Merit is also basic and fundamental in describing "AGE DISCRIMINATION"...
“The Defendant denied the Plaintiff an Equal Employment Opportunity and
The Plaintiff if over the age of 40 and…
The Plaintiff is qualified for the position and…
The Plaintiff is more qualified than the other(where other may be anyone) candidates successfully hired and…
some of the # positions remained open (for others with significantly less skills and similar skills as the Plaintiff. “

MERIT plays a key role... and why it is important to go to college... get a bachelors, get a masters... get a certification(s)... get PhD etc.
Merit plays a key role... regardless of what the H1B rules say.

People need to file complaints… follow the legal process… if you look for discrimination,
You will find it… otherwise, we are forfeiting our Civil Rights.

All the discrimination laws… Age, Race, Gender National Origin are rooted in
Hiring based on the principle of Merit… otherwise, discrimination occurred…
a person has been harmed… they must be made whole.

Colleen

Posted by: Colleen Yuan at April 28, 2007 01:48 PM

JMS:

I should also clarify that the Strategic Plan you refer to is NOT part of the existing H1B Rules (although extremely concerning).

So, let me cite the current H1B Rules and what they say...

20 CFR 655.805 - What violations may the Administrator investigate?
http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_655/20CFR655.805.htm
(I'll cut and paste some of it...)
(7) Displaced a U.S. worker (including displacement of a U.S. worker employed by a secondary employer at the worksite where an H-1B worker is placed), as prohibited by §655.738 (if applicable);
(8) Failed to make the required displacement inquiry of another employer at a worksite where H-1B nonimmigrant(s) were placed, as set forth in §655.738 (if applicable);
(9) Failed to recruit in good faith, as required by §655.739 (if applicable);
(10) Displaced a U.S. worker in the course of committing a willful violation of any of the conditions in paragraphs (a)(2) through (9) of this section, or willful misrepresentation of a material fact on a labor condition application;

(9) Failed to Recruit in Good Faith, as required by §655.739 (if applicable);
20 CFR 655.739 - What is the "recruitment of U.S. workers"
http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_655/20CFR655.739.htm
(again, I will cut and paste only some of it...)
(
1) Legitimate criteria, meaning criteria which are legally cognizable and not violative of any applicable laws (e.g., employer may not use age, sex, race or national origin as selection criteria);.

(j) In addition to conducting good faith recruitment of U.S. workers (as described in paragraphs (a) through (h) of this section),
the employer is required to have offered the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B nonimmigrant
(see 8 U.S.C. 1182(n)(1)(G)(i)(II));
this requirement is enforced by the Department of Justice
(see 8 U.S.C. 1182(n)(5);
20 CFR 655.705(c)).

I WOULD HIGHLY RECOMMEND READING THESE PARTS OF THE RULES IN THEIR ENTIRETY... CUT AND PASTE THEM INTO YOUR FAVORITE EDIT AND FORMAT IT AND HIGH-LITE THOSE THINGS THAT ARE MOST IMPORTANT TO YOU.

THEN FILE CHARGES WITH YOUR STATE'S DEPARTMENT OF HUMAN RIGHTS OR EEOC OR DOJ-OSC AND PROTECT YOU CIVIL RIGHTS... See Civil Rights Act of 1967 and
EEOC Regulations which includes ADEA and UGESP.
http://www.eeoc.gov/policy/regs/index.html

Posted by: Colleen Yuan at April 28, 2007 02:51 PM

You guys are just racists. I teach programming and my students who are good have no trouble finding jobs. It is the bad students who aren't that good who have trouble and find excuses such as h1b,outsourcing.
Learn Object-Oriented Programming well and you will definitely find a good job. All my good students have been able to do so.

Posted by: JohnPeters at May 24, 2007 10:55 AM

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