Re: OT: Obamacare, Follow the Money

In article <4a973587$0$1583$742ec2ed@xxxxxxxxxxxxxx>,
Steve Harder-Kucera <stevehk@xxxxxxxxxxxxxx> wrote:

On 2009-08-28, Kurt Ullman <kurtullman@xxxxxxxxx> wrote:

If it makes you feel any better I am not (g). These special visas
interfere with free market because the employers know that the cheap
dudes can come in when there is a shortage. So, when the wage rates get
such that Americans stop applying for the jobs, instead of raising the
wages, they sit back, wait for the shortage argument to kick and then go
get the cheaper labor.


That presumes a level of responsiveness to the market by the I.N.S. What
kind of time frame are we talking about between labor shortage, I.N.S.
action and shortage problem resolved? Any real world examples of this
happening?

Not really, but then the law isn't really set-up to find these kind of
things.
The Department of Labor states that the H-1B law ***doesn't require
employers to seek local talent** before recruiting abroad for their US
job openings, except in limited circumstances when the employer is
considered H-1B dependent:
The DOL's Strategic Plan, Fiscal Years 2006-2011 (pg. 36) states: "...
***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 Federal Register, dated June 30, 2006, Section II, paragraph 4, "the
statute ***does not require employers...to demonstrate that there are no
available US workers or to test the labor market for US workers as
required under the permanent labor certification program***." (emphasis
mine).
There is a certification for paying prevailing wage, but nothing to
prove that they tried to hire at higher wages (what usually happens when
jobs go unfilled, even at WalMart who doesn't pay minimum wage all the
time). The law also limits checking on all to this to making sure the
paperwork is completed properly.

--
Searching is half the fun: life is much more manageable when thought
of as a scavenger hunt as opposed to a surprise party.
Jimmy Buffett
.

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