- If “abuse” includes hiring H-1b without first demonstrating an attempt to recruit qualified Americans, then abuse occurs in over 99% of H-1b petitions.
- If “abuse” includes paying a wage substantially below what average Americans earn in the same job classifications, then about 80% of H-1b petitions qualify as abuse, by paying Level 1, 17th percentile wages.
- If “abuse” includes engaging in statistically discriminatory hiring practices based on nationality, then virtually all Indian bodyshops are abusing the H-1b program.
- If “abuse” includes first hiring H-1b workers and then submitting their resumes to U.S. job openings – in direct competition with American workers – then most bodyshops are abusing the H-1b program.
Which begs the question, how does Compete America define “abuse”?
Furthermore, why is Compete AMERICA concerned with this inquiry? None of the nine entities are AMERICAN companies – most are based in India. Compete AMERICA should support this inquiry as potential unfair competition with AMERICAN firms that COMPETE for available H-1b visas.
DIRTY SECRET: Perhaps the connection is that the letter cites I-Flex, which is a majority owned subsidiary of Compete America member Oracle, and that Robert Hoffman is both Co-Chair of Compete America and Vice President for Government and Public Affairs at Oracle.
I-FLEX LCAs are here. The vast majority are for $60,000 salary, the precise salary that permits an employer to be comprised of 100% H-1b workers and still not be deemed “H-1b dependent. How is Oracle not "abusing" H-1b? I-Flex: 212-430-5800.
- TATA is #5 at less than $38,000
- Patni Computer Systems #27 with an average LCA wage of under $42,000
- Mphasis Corporation is #64 at less than $45,000
- Wipro Limited is #92 at less than $48,000
These wages are far below what average American EE/CS grads command upon graduation with ZERO experience. But Compete America claims that H-1b brings in the “best and brightest” workers with “specialized skills.” How is paying the worlds top talent below average starting wage not “abuse”?
Still, rather than fix these flaws, many in Congress intend to expand the program.
John Miano's H-1b Wage Study "Bottom of the Pay Scale" - clearly the underpayment of H-1b workers is not an "exception":