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An excerpt from MIGRATION NEWS
Vol. 6, No. 10, Oct, 1999
by Philip Martin,
University of California,
Davis CA 95616
Critics argue that more H-1Bs are not needed and that US employers give preference to young foreigners with H-1B visas over older US workers because the immigrants are willing to put in the very long hours common in many high-tech jobs. The author of the T-visa proposal, Rep. Zoe Lofgren (D-CA), attempted to counter this criticism by requiring the INS to report every six months the occupation, employer, salary, degree and degree granting institution for each foreigner with a T visa and requiring that the $1,000 per T-visa fee be deposited in a the High-Tech Education Fund Account to bolster science and engineering education. The National Research Council's Committee on Workforce Issues in Information Technology held a hearing in September 1999 on whether high-tech firms need more H-1B workers. At the end of the hearing, after which chair Alan Merten said that "It's a very small portion of their workforce, and it's not going to make or break them." Eileen Appelbaum, a committee member, said "There's no evidence in the data to think there's a shortage." For more information: www.itworkforce.org Some lawyers believe that US employer promises of, for example, three-year H-1B visas may create an obligation to keep such workers in employment for that period. However, H-1B workers who have been terminated despite employer requests to the INS for three-year visas have so far been unable to successfully sue their US employers for breach of contract. US courts have held that US employer promises to obtain an H-1B visa or green card for a foreigner in a petition to the INS that promises to employ a foreign national for a set period of time do not convert an employment at-will relationship into an enforceable contract for a fixed term. |
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