John Miano's blog

H-1B Advocate: Don't Believe Your Lying Eyes

By John Miano, April 9, 2015

In the past few months we have learned that hundreds Americans at Southern California Edison have been replaced by H-1B workers. A few hundred more Americans at Walt Disney World have been replaced by H-1B workers. Ditto at Northeast Utilities (now Eversource).

Such replacements have been going on since at least 1994. But a paper from a new Washington, D.C. libertarian think tank claims they could not have happened. Read more...

Immigration Lawyers Admit H-1B Employers Discriminate Against Americans

By John Miano, April 7, 2015

Sometimes the truth slips out accidentally. The immigration attorney web site visanow.com has put out a press release about a survey of H-1B employers it conducted. Visanow proclaims in its headline:

U.S. Companies Say H-1B Hires are "Critical" to Success

H-1B Incompetence

By John Miano, March 24, 2015

On my last project before law school, we had an H-1B database administrative, Uma. Uma did not know the first thing about databases and struggled to learn through books on the job. Sadly, she had no real computer talent and would never become very good in the field.

So why was Uma on the project?

The company put in place a policy of only allowing contract workers from H-1B bodyshops to save them about $10 an hour. Read more...

Senate Hearing: No Consensus on Protecting American Workers

By John Miano, March 22, 2015

I testified last week before the Senate Judiciary Committee on Reforms Needed to Protect Skilled American Workers. It was a great honor to be invited. However, participating in an event like this highlights the growing isolation between Washington and the rest of America.

At one time there was a consensus that American citizens should come first under our immigration laws. The Supreme Court has repeatedly held that preserving jobs for American workers is a primary purpose of our immigration laws; see, for instance Reno v. Flores, 507 U.S. 292, 334 (1993).

No such consensus exists in today's Washington. Read more...

Southern California Edison Workers Just More H-1B Roadkill

By John Miano, February 9, 2015

Over the years it has become so common for companies to replace Americans with H-1B workers that the practice makes little news now. A few days ago we learned that Disney was H-1B-ing American programmers and it only made the local news in Orlando. That has not been the case at Southern California Edison, where the story got picked up by the Drudge Report.

Immigration lawyers are now in BS reaction mode. The Americans being fired should sue for discrimination or complain to the Department of Labor. Yet immigration lawyers know full well that such actions would be futile for they are the ones who have gone to extreme lengths to ensure that replacing Americans with H-1B workers remains legal. Read more...

Jonathan Gruber, Voter 'Stupidity', and Immigration

By John Miano, November 17, 2014

The story of Jonathan Gruber's videotaped commentary on Obamacare sheds light on the immigration debate.

Gruber is an MIT professor of economics who collected $400,000 of taxpayer dollars to come up with the plan for Obamacare. Gruber later appeared in a video in which he described the deception used to mislead the American people on the legislation. Gruber describes the how the bill was intentionally written in a tortured way to mislead the public, how "a lack of transparency is a huge political advantage", and refers to the "stupidity of the American voter". Read more...

Former Congressman Misrepresents His Own Statute on Immigration Quotas

By John Miano, October 23, 2014

President Obama has been threatening to take unilateral action on immigration through executive action after the election. One of the threatened actions is to change the method of determining the annual level of legal immigration. In almost all cases, immigrant visas (green cards) are subject to quotas. Rather than count all of the visas granted, such a change would count only the principal applicants against the numerical caps, and not include any dependents (spouses and minor children), thus increasing immigration significantly without authorization from Congress.

Former Rep. Bruce Morrison (D-Conn.), now an immigration lawyer and lobbyist, pushed for this scam in a Wall Street Journal letter to the editor this week. Read more...

American Companies More Interested in Outsourcing than H-1Bs

By John Miano, June 5, 2014

The largest users of H-1B visas are Indian bodyshops that specialize in moving American jobs overseas.

At the same time, American technology companies claim there are not enough H-1B visas available.

I get asked the obvious question frequently: Why don’t American companies support changing the H-1B rules to have a more equitable distribution of visas? Read more...

92% of Top Tech Companies Created in the U.S. Were Founded by Native-Born Americans

By John Miano, June 3, 2014

But didn't the press report that 36 percent of the top technology companies were founded by immigrants?

Yes it did. The figures came from a presentation by Mary Meeker. That presentation includes this slide making that very claim. Naturally, Ms. Meeker followed that slide with the obligatory call for more cheap foreign workers on H-1B visas. Read more...

Obama Responds to Grim Jobs Situation by Bringing in More Workers

By John Miano, May 16, 2014

The nation’s job woes continue: 83 percent of graduating college seniors do not have a job yet. In technology fields, where corporate America prattles that there is a crisis worker shortage, 82 percent of graduates do not have a job. Read more...

What Does CIR Do for Foreign Teachers? Nothing

By John Miano, April 25, 2014

In Texas and Maryland teachers on H-1B visas are getting the bad news: they have to go home.

They were lured to the United States with promises of green cards. They were forced to pay fees and kickbacks to keep their jobs.

After investing years and thousands of dollars, these foreign teachers have nothing. (My colleague David North has written extensively on this issue.) Read more...

Replacing Americans with Cheap Foreign Labor No Longer News

By John Miano, April 23, 2014

The cheap labor industry is now having the same problem with the American media that Americans workers have had for a while: its short attention span.

In past years, the exhaustion of the H-1B quota served as the vehicle for companies to plaster the media with stories about a crisis: A huge mythical shortage of workers coupled with a shortage of H-1B visas.

Those stories have gotten old, so there are not many of them this time around. Read more...

Tech Firms Consider Cutting a Separate Deal

By John Miano, April 8, 2014

A big problem has suddenly arisen with the "comprehensive immigration reform" bill. Groups representing technology companies are breaking ranks and trying to pass a guestworker-only bill on their own. Read more...

Tech Lobby: H-1B Workers Cheaper than Hiring Americans

By John Miano, March 26, 2014

An embarrassing thing happened at an industry lobbyist press conference.

Fox News reports that CompeteAmerica has created a jobs clock that clicks away as imaginary jobs are lost due to immigration restrictions. The Hill also chimed in on the topic. Read more...

DHS Ignores Rules for OPT Visas

By John Miano, March 12, 2014

The GAO has just released a report on Optional Practical Training (OPT). The report is a scathing indictment on the OPT program. Sadly, as my colleague David North also notes, the GAO's approach misses the forest amongst the trees.

The term "practical training" in DHS-speak is a euphemism for work. Optional Practical Training is merely work that takes place on a student visa. There is no requirement that training take place. Read more...

Some Principles for Immigration Reform

By John Miano, February 7, 2014

The term "comprehensive immigration reform" has become a euphemism for a package that includes amnesty for illegal aliens plus unlimited cheap foreign labor for business plus money for special interests. The salient feature of comprehensive immigration reform bills is their complete lack of reform.

The focus on amnesty for illegal aliens is a major distraction from actual reform. If your boat springs a leak, the first thing a rational person does is plug the leak. Next he starts bailing. An amnesty as part of immigration reform is like trying to bail while water is rushing in. Read more...

Reporter Finally Gets It Right on H-1Bs

By John Miano, December 6, 2013

I nearly had a seizure reading Liz Peek's article on H-1B in the Fiscal Times. Ms. Peek had actually done some research and independent thinking; something nearly absent in today's media. Read more...

H1B Wages Not Based on BLS Data

By John Miano, November 26, 2013

If you follow a single issue closely as I do, you can get a clear understanding of how bad the American press is. If the press's accuracy on H-1B is representative of what they report elsewhere, the public is getting fed a lot of garbage. Read more...

H-1B Employers Want Quantity, Not Quality

By John Miano, November 25, 2013

In my years working in the computer industry I have encountered many workers on H-1B visas. The most highly skilled among them were of average skill. Nearly all were incompetent. When I hear H-1B workers called "highly skilled" or "the best and brightest" I always chuckle. Read more...

No Contrition at Infosys

By John Miano, November 8, 2013

I reported previously that Infosys has agreed to pay a $34 million fine for violating the law governing visitor visas. Infosys was sneaking workers into the United States using visitor visas rather than getting appropriate work visas. Read more...

Infosys Fine Highlights Needed Immigration Reforms

By John Miano, October 31, 2013

Infosys has agreed to pay a record $34 million dollar fine for visa abuse. Infosys was circumventing the H-1B quota by bringing foreign workers in under B visitor visas instead. Such foreign workers have to return home every few months to renew their visas.

This is a very common practice throughout the industry — and it is not just the Indian companies that are doing it. When I worked for the now-defunct American company Digital Equipment, they were doing the exact same thing. Read more...

Principle of Immigration Reform: It Shouldn't Take a Lawyer to Do a Visa Application

By John Miano, October 16, 2013

Last week I started putting down principles for real immigration reform.

For this week I state the principle that the immigration system should be simple. Read more...

Principle of Immigration Reform: Abolish Employment-Based Green Cards

By John Miano, October 8, 2013

We have seen that the Washington establishment is committed to not reforming immigration. "Comprehensive Immigration Reform" has become a euphemism for "amnesty for illegal aliens" plus "more foreign labor" plus "all the goodies lobbyists can throw in". The result is a 1,000-plus page bill that allegedly reforms a system created in 120 pages.

When you read the bill, you find a key piece is missing: reform.

I thought I would start writing down what I would expect to be in an immigration reform bill. I will try to put these down as I have time. Read more...

Replacing Americans

By John Miano, October 7, 2013

Byron York noticed the great paradox of the cheap labor efforts of American business. York observed last week that Merck plans to lay off one-fifth of its workers. Yet its V.P of human resources sent a letter to House Speaker John Boehner and Minority Leader Nancy Pelosi demanding Congress allow more foreign labor into the country. Read more...

IBM Settles Discrimination Claim

By John Miano, September 30, 2013

I have written several times about visa abuse at IBM. I wish I could share everything on IBM that comes across my desk, but often the sender requests it only be used for background. When the eventual discrimination lawsuit does hit IBM, I am sure the discovery process will unearth a sewer. Read more...

Media Misleads on True Nature of H-1Bs

By John Miano, August 19, 2013

If you follow an issue closely in the news, you get a clear picture of how useless the American media is. A few weeks ago I contacted the writer and editor of a wire story on H-1B visas that had a dozen clear factual errors. They responded that they were trying to tell a story. In other words, these writers were not going to let the facts get in the way of a good story.

Here is a example from ABC News. Read more...

CEO's Bloated Pay Used to Increase Immigration, Depress Middle Class Incomes

By John Miano, July 8, 2013

Last week I read a number of articles documenting the rise in CEO pay, including this one at Slate.com.

The fact that other people are making money by itself does not concern me. But in combination with the decline in middle class income, we see a disturbing trend. When these CEOs use their bloated incomes to depress the wages of ordinary Americans, there is a real problem. Read more...

H-1B Workers Pay Consultant Fees Hoping to Win Jackpot

By John Miano, June 28, 2013

Thursday's Washington Post has an article on H-1B visas that addresses a red herring that H-1B supporters often throw out: Why would an employer use an H-1B for cheap labor when they have to pay several thousand dollars in fees to get the visa?

The Washington Post gives the answer: Read more...

Gang of Eight's Comprehensive Immigration Fraud

By John Miano, May 10, 2013

The Gang of Eight's immigration bill has now grown from 844 pages to 867 pages.

One of the changes is to include "comprehensive immigration reform" in the title. Read more...

Highly Skilled for H-1B Application; Low-Skilled for Paycheck

By John Miano, May 3, 2013

Thursday morning NPR had yet another lobbyist sob story on H-1B.

A small company called GYMPACT has made an H-1B application for a "highly skilled" worker and they do not know if it will be approved.

That inspired me to take a look at the H-1B disclosure data at the Foreign Labor Certification Data Center. Read more...