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3/28/2012
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India Lodges Complaint Over H-1B Visa Rejections

U.S. makes it too difficult for foreign tech pros to enter the country on H-1B and L-1 visas, Indian commerce minister says.

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India's commerce minister told his U.S. counterpart that he is concerned about what he said are rising rejection rates for applications by Indian tech pros to obtain work visas in the United States.

Commerce and Industry minister Anand Sharma said he had "a frank discussion" with U.S. Commerce secretary John Bryson during bilateral talks Monday in New Delhi. Sharma told reporters afterwards that his concerns were sparked by the fact that rejection rates for H-1B and L-1 applicants' visa applicants have increased 28%. Sharma did not cite a source for the number.

"There have been concerns over the high rate of rejections," said Sharma, according to the Times of India. "We had a very frank discussion, including some of the issues on which the U.S. has concerns."

Bryson is in the midst of an official, six-day swing through India. The United States is seeking greater access for American manufacturers to India's burgeoning industrial market. "It's clear that if American and Indian businesses work together, we can build India's infrastructure in a way that bring inclusive growth, greater prosperity, and job creation in both countries," said Bryson, in a statement.

[ Wall Street IT execs are jumping to Silicon Valley start-ups, consulting firms, and technology providers. Is Wall Street Losing Its IT Career Luster? ]

The visa issue is contentious. Immigration proponents say the United States needs to import foreign high-tech workers to fill what they claim is a shortage of American workers with key IT skills, particularly in growth areas like mobility and cloud computing. And both U.S. and Indian companies say it's getting more difficult to import tech workers to the United States. "The industry is facing such issues, including [Indian outsourcer] Wipro," said Wipro international operations CFO Sridhar Ramasubbu, in an e-mail.

A recent study by The Partnership for a New American Economy, which is backed by a number of tech and business giants, including Microsoft, Boeing, and News Corp., found that 18% of the companies on the 2010 Fortune 500 list were founded by immigrants. "The findings are clear, immigrants drive our economy," said the group.

But opponents say any easing of immigration rules would make it more difficult for unemployed tech workers to find jobs in an economy that has yet to fully recover from the recession. In particular, some argue that a possible move by U.S. Citizenship and Immigration Services (USCIS) to broaden the definition of "specialized knowledge" that L-1B applicants must possess would negatively impact U.S. workers.

"Such an interpretation would make it easier for someone to qualify as possessing L-1B specialized knowledge, even if they have ordinary skills and work in a position for which there may be unemployed U.S. workers available," said Daniel Costa, a policy analyst at the Economic Policy Institute, and Ron Hira, a public policy professor at the Rochester Institute of Technology, in a letter sent Monday to USCIS director Alejandro Mayorkas.

A USCIS spokesman confirmed that the agency is hoping to issue new policy guidance on L-1B specialized knowledge by the end of the month. "USCIS has actively engaged with the public on the L-1B classification, including most recently at a forum at the end of January hosted by the Chamber of Commerce," the spokesman said.

"USCIS is currently reviewing its L-1B policy guidance, which is comprised of a series of memoranda dating back to 1994, to assess whether that guidance assists adjudicators in applying the law in new business settings that companies face today," the spokesman said.

The effort to achieve and maintain compliance with Sarbanes-Oxley requirements remains one of the primary drivers behind many IT security initiatives. In our Security Via SOX Compliance report, we share 10 best practices to meet SOX security-related requirements and help ensure you'll pass your next compliance audit. (Free registration required.)

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ssamuelson061
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ssamuelson061,
User Rank: Apprentice
3/28/2012 | 6:36:40 PM
re: India Lodges Complaint Over H-1B Visa Rejections
Interesting. CIGNA is replacing US workers on our soil today (right now) with cheaper foreign workers and laying off the Americans who have the same skill set. The layed off workers have been instructed to teach the workers their job over the next month or they don't get their severence. So even with all the "rules" in place right now for this program, some companies are ignoring them anyway.
Number 6
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Number 6,
User Rank: Moderator
3/28/2012 | 6:39:49 PM
re: India Lodges Complaint Over H-1B Visa Rejections
This article is missing a lot of numerical context.

Over what period was the increase measured? One year? Ten years?

Since the --increase-- is 28%, what is the --actual-- rejection rate %?

Is the 28% for all rejections or only "Indian tech pros"? If all, then that could simply reflect a shift to granting more requests for applicants from other countries.

Either way, the rising rejection rate could also reflect an increase in applications. What's the % increase in applications?

As for "Sharma did not cite a source," I know for a fact that 83% of statistics are made up on the spot. You can quote me on that and cite me as a source.
atyson809
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atyson809,
User Rank: Apprentice
3/28/2012 | 7:09:13 PM
re: India Lodges Complaint Over H-1B Visa Rejections
Interesting that India's commerce minister seems clueless about what a visa is for. The whole purpose of requiring visas and otherwise limiting immigration is to control how many foreign nationals can come into the US and to monitor them while here. That control is needed both for national security and supporting American businesses and our economy even if at the expense of India's plans.

India doesn't get a say in how we manage the process and level of difficulty they feel.
JDAVIDSON000
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JDAVIDSON000,
User Rank: Apprentice
3/28/2012 | 9:35:19 PM
re: India Lodges Complaint Over H-1B Visa Rejections
Since late 70's and early 80's Indian government had flooded US universities, industries in many many ways, their plan was highly ignored by many US law makers. Once these professionals played a big role in collecting funded money for what so called star war program at the time of R. Reagan. They used to write paper of no bases to collect grants, and who can read it!!. It was propaganda war with russia. In the last 20 years, these prof., engineers, and IT etc who are working for the fortune 9900 were able to transfer the hi-tech industries to India. Smoothly US had lost its basic industry infrastracture. The immigration law does not have a well realistic study or research of nations influences on the US civilization. The indians as well the chinese who are making money in US, hardly do invest a penny in USA economy. In another word, they manage, invest, and produce to reninvest in their country quitly. The overall return of such cultures to the US is below ZERO. To see this: check the hotels chains, dunkin donuts, etc. and see the degradations that occured in the genuian US establishment. Finaly, the US 500 and fortuns WALL allies have found an easy corrupted culture to expand and reshovel their techs a way from US middle class. And to keep a nontaxable industries. OFF sure banking were another establismnt were founded to keep the US $$ a way from it's societies and to loan the US invidiuals and biussineses with hi intrest rates.

The solution is simple: Stop Indians flood (sonamties) completely, ease grad. study for US nationals, and raise TAX tarrif on imported indians and chinese' products, then the US economy would refresh it self smoothly. BUT the problems will stay the same if the majorities of CONZGREZ are concern on their back loobiest shares. If this continue then the middle class US's will suffer a life worst than the basic Indians homeless.
frustrated IT worker
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frustrated IT worker,
User Rank: Apprentice
3/28/2012 | 9:58:50 PM
re: India Lodges Complaint Over H-1B Visa Rejections
ssamuelson061,
But we are not doing anything to stop it. I am so sick and tired of looking for a job and all these vacancies are filled by foreign workers.
frustrated IT worker
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frustrated IT worker,
User Rank: Apprentice
3/28/2012 | 10:05:24 PM
re: India Lodges Complaint Over H-1B Visa Rejections
Our problem will be solved if big greedy organizations stop hiring people through indian consulting companies such as Infosys, TCS, LnT, HEX, ......
frustrated IT worker
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frustrated IT worker,
User Rank: Apprentice
3/28/2012 | 10:17:12 PM
re: India Lodges Complaint Over H-1B Visa Rejections
I liked your points. You are absolutely correct. What will happen to our recent graduated US students in IT? They can't get a job.
jkoller853
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jkoller853,
User Rank: Apprentice
3/29/2012 | 12:21:43 AM
re: India Lodges Complaint Over H-1B Visa Rejections
I thought it was only 72% of all statistics are made up :). Guess even that number is rising. I have to get with the times.
OhioProgrammer
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OhioProgrammer,
User Rank: Apprentice
3/29/2012 | 5:44:47 AM
re: India Lodges Complaint Over H-1B Visa Rejections
It's really a simple case of supply and demand.

Pick any city, let's say, Denver, Colorado. Now, bring in 100 busloads of freshly graduated plumbers (4,000 new plumbers), who want to enter into the plumbing business in Denver, and make a living.

The result? Wage rates for plumbers will become depressed. The existing 960 plumbers in Denver, once busy every day, and making a good living, will now have much less work, or no work at all.

The school for plumbers in Denver, will have no new American students. All the Denver highschool kids hear from their fathers and uncles that plumbing is no longer a good way to make a living. The plumber wages are going down, down, down. In droves, they choose some other path in life. Who can compete with improverished hordes of plumbers from India who will work for any price. India has 1.17 BILLION people, and many of them are coming here, flooding our labor markets.

This is what the H1B visa has done to the American engineering profession. H1B brings thousands busloads of foreign engineers to America, thus driving down wages, closing American engineering schools, and discouraging American kids from majoring in engineering.
YMOM100
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YMOM100,
User Rank: Apprentice
3/29/2012 | 11:32:56 AM
re: India Lodges Complaint Over H-1B Visa Rejections
This isn't any different when trying to get a work visum for India.
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