Category Archives: US Presidential Elections
Note: This is the second post on this topic. In the first post, I explained what the current H1B law provides for and what exactly the bill proposes to change. Please read that to get a full understanding of the situation.
The Protect and Grow American Jobs Act that was reintroduced last week by Rep Darrell Issa (R-CA) has received a large amount of attention from the Indian media due to its specific targeting of H1B visa changes. I have discussed in detail what the current law is and what the bill does previously. In this post, I will cover how the Indian media has incorrectly reported this bill.
To summarize the impacts of the bill, the following points should be sufficient:
- This bill applies only to H1B Dependent Employer (HDE) companies (those that have more than 15% of their workforce under H1B visas) and Willful Violator (WV) companies. It DOES NOT apply to ALL H1B visa seekers.
- The HDE and WV companies, unlike the rest of them, are required to recruit an American worker before applying a H1B visa for a foreign worker. They also cannot fire an American worker within 90 days before and 90 days after an H1B foreign worker is hired. They also cannot post the H1B worker at a different employer’s office. This is done to reduce visa abuse, to offer basic protection to American workers, and to ensure that only the best workers are hired under H1B.
- Under the current law, the additional requirements for HDE and WV companies, as shown in #2, can be easily bypassed in either of two ways. One is by hiring a foreign worker who has a Master’s degree in the area of the job. Second is by offering the foreign worker a minimum pay of $60,000 per annum. These two ‘exemptions’ allow the HDE and WV companies to bypass the additional requirements, thus making it very easy for them to abuse the visa system. (See the Disney H1B lawsuit for example).
- The new bill aims to change two things in the criteria that allows the HDE and WV companies to bypass the additional requirements (in #2). One, it aims to increase the minimum pay to $100,000 per annum. Second, it removes the Master’s degree exemption – meaning you cannot bypass the additional requirements just because the H1B worker the company plans to hire has a Master’s degree. This aims to close the loophole that allows visa abuses to take place.
So that was a summary of what is happening here. Now let us look at how the Indian media is reporting this news.
I will start with the most egregious falsification: The Hindu. The Hindu news article lists 6 separate items that it says the Bill aims to do. Only one of these is even partly correct. The rest are just outrageous falsifications. Let us look at them:
- The Bill prohibits companies from hiring H1-B employees if they employ more than 50 people and more than 50 per cent of their employees are H1-B and L-1 visa holders. ABSOLUTELY INCORRECT. There is no such language in the bill at all. Even the HDE company definition is incorrect going by this rule.
- The Bill encourages companies to recruit American workers. This provision would crack down on outsourcing companies that import large numbers of H-1B and L-1 workers for short training periods and then send these workers back to their home country to do the work of Americans, the Senators who introduced the Bill had said. This is a very generic statement offering no specific information on how the bill aims to do this. As a general intent of the bill, it is correct. But there is no language listing this explicitly.
- It explicitly prohibits replacement of American workers by H1-B or L-1 visa holders. ABSOLUTELY INCORRECT. The general intent to not replace American workers is indeed contained in the bill, as it is in the current law. But there is no ‘explicit’ language in the bill that talks about prohibiting replacement of American workers.
- The Bill seeks to give the Department of Labour enhanced authority to review, investigate and audit employer compliance as well as to penalise fraudulent or abusive conduct. ABSOLUTELY INCORRECT. Again, this is a very generic statement offering no information. More importantly, the bill text itself does not include any language in this regard.
- The Bill seeks to increase the minimum salary of H1-B visa holders to $1,00,000 per annum. INCORRECT AND MISLEADING. As discussed in the summary above, the minimum salary only applies to the H1B workers under the HDE companies seeking to bypass the additional requirements. This DOES NOT APPLY to all H1B visa holders, as this statement suggests.
- Currently, firms need not go through extensive paperwork if the potential H1-B employee has an equivalent of a Master’s degree or higher and he or she is paid at least $60,000 annually. The Bill aims to do away with the Master’s degree exemption (as “they are easily obtained by foreign workers”). PARTLY CORRECT. This is the only bullet point that has even a shred of correct information in it. As seen from the summary, what The Hindu lists as ‘extensive paperwork’ are essentially additional requirements that (only) the HDE and WV companies have to adhere to in order to ensure there is no visa abuse. Additionally, this statement mentions the Master’s degree exemption, but does not state what the exemption is for!
There is absolutely no excuse or justification for publishing such large amounts of wrong information on a leading national daily website (and presumably their newspaper as well). I am currently preparing an email to the Editor of The Hindu pointing out this outrageous misinformation. I do not expect a response, however.
The next biggest blunder I saw was from Zee News. Their article listed 3 separate items as part of the bill and its impacts. Here they are:
- To get H1B visa approved, you will have to fit in the salary bracket of $100,000 a year, up from $60,000 currently. ABSOLUTELY INCORRECT. This only applies for HDE companies looking to bypass additional requirements.
- One will need to have a Master’s degree, as recognized by the US. ABSOLUTELY INCORRECT!! Removing the Master’s degree exemption language is foolishly misinterpreted as a Master’s degree ‘requirement’!
- It is estimated that any change on visa law will largely impact companies who have more than 50 employees based in the US. INCORRECT. The HDE companies are those that have 15% or more of their workforce under H1B visas. Companies even under 50 employees have the HDE categorization.
It should be noted that the Master’s degree ‘requirement’ mentioned above is actually being listed in many newspapers and websites. This is completely incorrect. There is no such requirement at all! Do not confuse the removal of the Master’s degree exemption to the ‘requirement’ of a Master’s degree!
The bill among other things increase the minimum salary of H-1B visa to $100,000 per annum and eliminate the Masters Degree exemption.
And as we have seen, this is only partly correct and also does not include any information on what the actual exemption is. Additionally, the Economic Times ran a slightly different spin on this statement. This is what it said:
The new bill would require workers on the H-1B visa pay a minimum of $100,000, up from $60,000 currently. The bill also removes the Master’s degree exemption to the cap on the number of visas available.
The second line is what is total garbage. There is no impact to the ‘cap on number of visas available’ as this report states. The Master’s degree exemption is completely unrelated to the H1B visa cap of 85,000 per year. Completely false information!
I do not have access to all the local newspapers which may be carrying different incorrect versions of this information. But I do suspect most of these versions were covered by the big newspapers (not a compliment!). I do not know exactly what was discussed in all the ‘panel discussions’ on news channels, so I cannot comment on that. However, I do not expect it to be any different than what I have seen on the websites. I was also appalled at people in high positions in various big name companies provide quotes on this matter without knowing anything about it in the first place.
What did concern me though was that this false information was said to have caused a fall in the share price of these big IT companies. This should not happen. The media loves to profit from sensationalizing new developments. But in the process, it should also be made aware of its responsibilities to report correct news. This is not something that should even be pointed out. It should form the basic bedrock of their whole operation. But the fact that a regular guy like me can dig up the correct information within an hour – all on the internet – while paid journalists do not bother to do so, and in fact report falsified information, is a definite cause for concern.
The Oxford Dictionary listed ‘post-truth’ to be the word of the year 2016. Its definition is: Relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief. We always counted on the news media to show us what is actual truth and what is not – to separate the facts from the claims. But not any more. It now appears that as citizens of the world, we now need to verify what the media is reporting (or not reporting) prior to believing them. It is indeed a scary realization of today’s world – that the media is, in fact, part of the ‘post-truth world’.
I am sure that makes a sensational news story.
I’m an alien, I’m a legal alien
I’m an Englishman in New York
That was Sting singing in 1987. This is not 1987, this is 2015. I am not Sting. I am not even an Englishman, and I may not even be living in New York, but I am one of the many many aliens – more specifically, I am a ‘legal alien’- that moved to and currently live in this country. Rest assured, I do not come from a different planet with the objective of taking away your natural resources and destroying mankind. On the other hand, I am just another human being (of the homo sapien variety) who came to this land from half way around the planet about 6 years ago. (It is not me who is saying I am an alien. It is the US Government who says so and who reminds me of it every time I fill in some paperwork.)
No Not this Alien.
My story is like the many many stories you have heard over the past decades and centuries. It is the story of people coming here in search of a quality higher education and in search of a better, more liberal lifestyle than their home country. In the six years I have been here, I have had a great number of memorable experiences and befriended a large number of wonderful people. Everyone of them have been nothing short of being super nice to me. I have lived a lifestyle I never knew I could ever afford. And notwithstanding the sacrifices I have had to make in choosing to remain here, I can confidently state that I have thoroughly enjoyed my time here in the United States, taking in everything this country has to offer.
And all along the way, I have vastly contributed to you by working on the design of a number of highways and bridges critical to your infrastructure. I have paid my fair share (about 35% of my income) on taxes and have been a law abiding person (or alien, if you so prefer). I have supported and continue to support a lot of global and local businesses (including the neighborhood dive bar) with all the money I spend.
I am repeatedly told that I have a lot of great opportunities for me to pursue in my career in this country. I am told there are even more opportunities here lying ahead that will help me explore the world and live the lifestyle I have always wanted. And my mind savors the possibility of that future when I can do that. But alas! That is where the fairy tale ends and the nightmare begins.
You see, as far as the Government here is concerned, I am still an alien. I maybe a ‘legal’ alien, but an alien nonetheless. And I am treated as one. I am willing to acknowledge that yes, I am coming from a different country and I need permission from the host to continue my stay. Unfortunately, the issuance of that permission involves the process of transforming from the status of an ‘Alien’ to that of an ‘Immigrant’ or ‘Permanent Resident’. And as you may be aware, this is a general nightmare for all the ‘aliens’.
What is it that you said? You are NOT aware of the nightmare? Oh, my bad! Of course you do not know! That is because nobody ever talks about the ‘legal’ immigrants in this country. I am sure you are fully up to date on the latest proposals to stem the flow of ‘illegal’ immigrants from the southern border with Mexico. Of course you are! All you have to do is switch on the news and you will find all you ever need to know about how the influx of illegal immigrants is creating a national security issue and how it is killing American jobs. You will learn the full gamut of opinions on this matter – from granting amnesty to the illegal immigrants to making them pay fines to deporting the bad ones to deporting all 11 million of them. Of course everyone wants to build a wall of some sort on the US-Mexico border. You know all about that for sure.
So yes, you know all there is to know about ‘illegal’ immigration and all the impacts to the US economy and security that are associated with it. But you have absolutely zero idea about the ‘legal’ immigrants and what we go through. We are the people who sought a legal way to come to this country. You have no idea of all the shit we had to go through to just get a visa to come here and study. And we worked hard every step of the way – always staying (with an abundance of fear) within the legal framework. We came here to not just consume the better life on offer, we also came here to contribute our services and skills. We have worked hard after we came here and we have made a good life out of the opportunities that came our way.
So in a way, we have achieved the American dream – until our visa runs out that is.
You see nobody is paying any attention to us people who seek to migrate to the United States legally and who have all our paperwork in place from the beginning. Did you know that, as a citizen of India, I need to wait for a total of up to 15 years in order for me to get my status changed from ‘Alien’ to ‘Permanent Resident’? Did you know that right now 2 out of every 3 applications for a highly skilled immigrant visa are being denied? Did you know that you can come to this country, get a Master’s or PhD degree in one of the top universities here, get a job requiring a very specific skill set, be a top performer at the job, and then just have to leave all of it within a year just because you happened to be among those who did not get their visa approved? Do you even know that the highly skilled work visas are granted on the basis of a lottery? Yes. Absolute chance. No merit. Do you know that during the Clinton years, the H1B visas (highly skilled workers) was hiked to 4 times what it is now? And did you know that the number of Green Cards issued annually stayed the same, creating a massive massive backlog (of 10 years) for people who have been waiting in the ‘legal’ line?
Of course you have no idea about all this. Why would you? Why would the media care about this? They don’t see any immediate detrimental impact to the society. It is much easier for them to stick with the ‘They took our jobs!’ narrative instead. Our work here is not measured on our contribution to the society and economy. It is measured in terms of number of American jobs lost. Never mind that the special STEM related skill sets that many of us ‘legal’ immigrants bring with us is something that this country sorely needs to sustain itself. Also never mind that that demand is impossible to be met from just domestic supply. None of this matters to the media who are only focused on exposing the ‘plight of hard working Americans whose jobs are being taken away by immigrants!’ How dare we provide the skills and services this country so badly lacks? And how dare we demand that we be given due recognition for our work by granting us permanent residency?
What about the politicians you ask? Well, what about them? Barely anyone has made any noise. This is a low risk low reward issue for all politicians. Can they do anything? Of course they can. They can do a number of things that can easily fix this mess that is the legal immigration system. But they just don’t. And because they haven’t done anything worth while for decades together, guess what? The system has been ripe for abuse!
Oh the irony.
The incentive to come to this country is so great for a lot of people that you inevitably have people who game the system, find its loopholes, and willfully exploit them for their own benefit. Oh and there are a whole bunch of them. Did you know that you can have one single person apply for a visa through up to 6 different companies? That is 6 different applications for the same person, in case you didn’t figure out. Way to increase your odds, right? Or what about those people who come en masse to the US to attend a makeshift/fake university for the sole purpose of becoming eligible for a work visa application? Did you know that these pseudo degree holders stand the same chance of getting approved for the visa as a legal immigrant who is a PhD holder from MIT? Did you know that each country has a fixed quota for allotment of green cards every year? On what is it based, you ask? Well, here is what it is NOT based on: Merit. I come from a country that currently has a back log of about 10 years. That is 10 years after you file the application, which usually happens 2-4 years after you start working, which in turn happens after I have finished my 2-5 year schooling. I will let you add up the numbers for shock value. So what is it based on? Again, the answer is not merit. Many many times, a person (or alien) who doesn’t necessarily have any significant skill set to contribute to the society stands to get his/her Green Card within a matter of months just because of their specific nationality. Is this fair? Is this helping this country? And guess whose low paying jobs these unskilled Green Card holders are taking away?
So yes, the politicians and the media have neglected the legal immigration system long enough to enable its long running abuse. You know the disappointing part? It is easy to fix. It is infinitely easier to fix than the ‘illegal immigration’ problem that everyone ‘wants’ to fix. But nobody is talking about it. Actually, I take that back. I did go through all the 2016 Presidential candidates’ stance on the issue of immigrants. Most of them didn’t have one – legal or illegal. Some had the usual rhetoric about building a wall and securing the borders. But there were two candidates who actually gave specifics on the issue of ‘legal’ immigration. Both said the same exact thing. They spoke about raising the minimum prevailing wage for the positions that call for immigrant workers. This is definitely a step in the right direction to address the abuse of the system. But it is no way sufficient. More needs to be done to bring awareness around this issue and to call for Congress to pass laws that will reform the system for those who wish to migrate to this country legally and contribute to its growth and culture.
Oh you ask who those two candidates are? One is Bernie Sanders and the other is Donald Trump. Yes, a Democratic Socialist and an arrogant Buffoon are the only two people who have even got some kind of an idea about what needs to be done to bring workers into this country legally. (Not sure what that says about this country’s politicians, but that is another story for another day).
So my dear America, yes this is the state I and thousands of others like me find ourselves in. We have a highly specialized skill set that this country badly needs. We all achieve and live the American dream until our visa runs out. But our contribution is always measured in terms of the number of American jobs lost. We are subject to being the victims of people who abuse the system we are trying to respect – a system that has been neglected for far too long. We go out of the way to ensure that we live here ‘legally’, yet no one is paying attention to our needs. All the while when the whole country is looking to find a ‘solution’ to those who come here ‘illegally’.
Yes, we know that is necessary as well. But please, do not pretend that we don’t exist. We do, and we are only trying to contribute. So please pay us some attention and in the process, help us help you grow?
A Legal Alien
In a surprising development towards the end of yesterday, hundreds of reports from all over the world poured in claiming large masses of people going to depression simultaneously. The reason : Democracy – or more specifically the realization that it does not appear to be working.
It first started with people in Japan reporting en masse to psychiatrists and psychologists complaining about general depression and a growing inability to trust anything. People were seen making long lines outside pharmacies waiting to pick up their prescription medication to battle depression.
Meanwhile, many reports started coming in about similar developments in Greece, Cyprus, Portugal, Spain, Italy and a few other European nations. This was then followed by reports in the United States where millions of people were first confused if their depression was the result of the extended winter this year. However, after continuing to watch their preferred News Channel – Fox or MSNBC – just to see the ‘other party’ get thrashed, the people found their depression getting worse and ultimately attributed it to the failure of democracy.
Common questions the people seem to be asking all around the world included: “Why isn’t anything getting done here at all?”, “If a party is elected by the people, then why doesn’t it get to do anything?” “Majority means they should be able to pass all the bills right?”, “I thought Obama had won the reelection. But then why is he still campaigning against the Republicans instead of getting things done?”
Questions like these were asked repeatedly by people when journalists inquired about their depression and what they thought of the economy.
A worldwide survey had shown a few years ago that democracy was “The Shit, Yo!”. It was apparently not just a ‘good system’ of governance, it was also the ‘only system’ of governance. People all around the world appeared to agree that the United States was ‘just awesome’ because it kept bringing in ‘democracy’ to all those poor souls in the middle east who were ‘totally suffering without democracy’.
A noted commentator who has been supporting democracy setups all his life had this to say about the new democracies in the Middle East: “It’s cool yo! I mean, there are a lot more people getting killed, more religious persecution, more security problems, more economical problems, and on top of it all, nobody is able to do shit about it! But it’s cool because they have a democracy, right?”
Another pro-democratic intellectual
masturbator said this in response to all the increased violence and unrest in the new democracies: “Hey! At least now they get to feel awesome and brag to the rest of the world that they live in democracies right? I mean, now they actually have a RIGHT to brag and feel awesome! Yeah, take that Bitchas!”
Actually, this reporter was unable to find anybody who held anti-democratic views who could talk about the other perspective. Apparently, it was just ‘not cool to be anti-democracy’. Why? The only answer this reporter was given repeatedly to that question was “Because Democracy is the Shit, Yo!”
When more people were interviewed to hear their perspectives about why they felt democracy would not work, many of them echoed similar thoughts.
“I was told from my days in middle school that democracy is the shit. I never understood it back then but just thought it was something cool that everybody liked. So I began to trust it as well. But I just don’t see it working ANYWHERE.”
Citizens of India, the largest democracy in the world, were initially upbeat about the next elections so that they could vote the ruling Congress party out. But then they realized that even a different party would never be able to satisfy the needs and demands of hundreds of retards who will still be in the parliament- all thinking differently.
“The only thing that will continue for sure is the regular adjournments of the parliament sessions. No bills will get passed and no reforms will take place. Because this is democracy right? So you get to put down a bill just because it won’t help you win reelection.”
The only people who appear to be celebrating democracy and those that have not gone into depression are the folks who have been making their lives out of subsidy and welfare money from the governments. Social Security, disability, medicare, medicaid, unemployment benefits, you name it. People who utilize these welfare schemes appear to be extremely happy about democracies.
“I hope democracy continues. This way nobody will have the balls to take away my disability checks and Medicaid because if they do, I will vote for the other guy who promises me my free money. Isn’t that awesome? I hope the people in the Middle East also begin to reap the benefits of democracy soon. Go welfare schemes!”, said a 43 year old American who has been claiming disability checks simply because his ‘back hurts a bit when he tries to stand up’.
It appears that only people who work, making money and leading generally better lives were affected by the depression epidemic that has swept the globe. The poor who have been living mediocre lives through welfare schemes and subsidies appear to be more than happy to continue to live in mediocre conditions as long as they keep getting their free money that in turn supports their mediocre existence.
All the people living off subsidies and welfare schemes were of the strong opinion that ‘Democracy indeed is THE SHIT!”.
When President Obama was asked about this mass depression epidemic, he responded with a prepared statement with beautifully crafted sentences, messages of hope, general GOP bashing, and a lot of promises and by the end of his speech, people were so excited and enthusiastic that they seemed to have forgotten what it was that they had asked him in the first place.
The President did refer this reporter (who pressed him with the same question a second time) to the following video from The Dictator…..
…..thus missing out the whole point altogether.
In conclusion, it appears that Democracy is not just ‘The Shit’, it is simply SHIT.
Everybody is now familiar with the leaked videotape of Mitt Romney’s comments on the 47% during a campaign fundraiser held in May. The American media has spared no time and left no holds barred in providing scathing criticisms of his comments and its implications. So much so, the real issue at hand is lost, or at best, obscured in a remote column somewhere. You will see a lot of judgment and opinion, but no inspection or meditation. The closest one does find to ‘inspection’ is the actual breakdown of the 47% who do not pay income taxes. But that is not the issue that should be the focus of Romney’s comments.
Before going to his actual comments, it would be prudent to put the whole comments into proper context. Everyone has seen the comments. But how many actually know what question Romney was trying to answer? His comments about the 47 percent were in response to this question:
Audience member: For the last three years, all everybody’s been told is, “Don’t worry, we’ll take care of you.” How are you going to do it, in two months before the elections, to convince everybody you’ve got to take care of yourself?
The inquiry is not only clear and specific, it is also very important. The audience member is worried, and presumably tired, of hearing the rhetoric emphasizing government dependency by President Obama in all his policies and speeches. And now he wants to know how Mitt Romney intends to convince the same set of people that the right thing to do is actually to assume responsibility for oneself and not depend on the government’s plans.
It is to this question that Mitt Romney responds with the now well publicized comments. I am only going to quote one small line that, perhaps, best serves as a platform for my arguments:
Romney: And so my job is not to worry about those people— I’ll never convince them that they should take personal responsibility and care for their lives.
There are two things to this. First, his comment about ‘my job is not to worry about these people…’ is only being said in context with who he can target for votes in the elections – NOT with regard to who he intends to care for when he is President. It is important to emphasize that this can only be seen within the proper context of the question asked. (And of course, the media won’t tell you that).
Second, when he says “I’ll never convince them that they should take personal responsibility and care for their lives”, he is making an extremely profound observation. Its spontaneity may have likely clouded the message. But that is not to imply that the message isn’t there.
Mitt Romney is not only talking about entitlement, but he is also pointing out what it does to a society in the long run. Subsidies, tax breaks, welfare schemes and food stamps are quick fire and sure shot processes to put money in the hands of the vast middle and lower class. There will be a lot of beneficiaries and a lot of happy people. Condition of life will generally improve and a lot of praise will be given to the President for having taken up this initiative. These welfare programs continue in their various forms, expanding the net to include more people all the time, while the federal debt and deficit continue to grow. A large number of people continue to extract the benefits year after year after year simply because they can.
But what this does over time is that it renders upon the beneficiaries a sense of entitlement – an expectation that the government is going to support them no matter what. And this expectation takes form more out of habit, repetition and prior experience, rather than a genuine appreciation of one’s own situation. The longer these schemes run, the less the people are prone to be motivated to achieve something by themselves. Add high unemployment rate to this, and you have a society feeding off of government grants and subsidies.
And here is where comes in the idea of the one way road of entitlement. You see, welfare schemes can only be introduced or expanded. They can never be stopped, paused or downgraded. Firstly, it is going to be an extremely unpopular decision as all the beneficiaries treat those tax breaks or welfare schemes as a true entitlement. (They have simply been GETTING IT for so long). Secondly, as pointed out earlier, these people, who are now simply used to the idea of these handouts and feel that they are entitled to it, can never be convinced that handouts are not the way forward. And finally, within the workings of a democratic government, there is always going to be a party which will sing the rhetoric of populism and appeasement for votes, if the benefits are indeed stopped.
Put all these three together and the fact that every party in power wants to remain in power, and you will find that everyone is staring down the one way road of entitlement and deficit.
The current President’s idea is to continue this drive of government dependency of the middle class with tax breaks and welfare scheme expansions. Mitt Romney, on the other hand, recognizes the one way nature of the road and clearly intends to take a deviation. And within this context, his comments about “I’ll never convince them that they should take personal responsibility and care for their lives” ring true. For, you see, a large number of people now view these schemes as an entitlement that cannot be reversed. And there really is nothing anybody can tell them that will help them understand otherwise.
Now, the idea is to make sure that Obama does not get the chance to continue on that same road and allow more people to walk it. The solution is to create jobs for people to build their own lives upon – not to keep giving handouts to the vast majority and increase their dependence on the government. I am actually glad Mitt Romney made those comments (albeit not in an ‘elegant’ manner) that have now created a furor everywhere. It had to be said. Too bad he did not say it in one of his campaign speeches. THAT would have been something!