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Sun Sued over H1-B workers
Posted by James Grimmelmann on Wednesday, March 19 @ 14:52:46 EST
Contributed by Anonymous
Contracts
Anonymous writes "The Boston Globe reports here that Sun is being sued by an ex-employee who charges that Sun is replacing fired employees, with lower-paid engineers in the U.S. on H1-B visas. Since these visas are only supposed to be given to workers who fill jobs that cannot be filled with American-national employees, such behavior would be a serious no-no.

Of course, because the H1-B program locks visa-holders into job classifications and employers, they're entirely dependent on their employer-sponsors when it comes to staying in the U.S. This dependence, as has been repeatedly noted, gives them less bargaining power in negotiating their wages, leading to lower salaries . . . and thus, in part, to companies' desire to hire H1-B visa-holders in place of nationals.

Sun has successfully defended itself against similar suits several times before."

 
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A note about the submissions queue (Score: 1)
by JamesGrimmelmann on Wednesday, March 19 @ 14:57:51 EST
(User Info | Send a Message) http://www.laboratorium.net
This story, as originally submitted to us, was one sentence long and accused Sun of racism. I rewrote the story to add more context and to moderate its tone.

It should be noted, for the sake of fairness, that Anonymous believes Sun to be made of up "bastards." The story as you see it here may not be reflective of its original submitter's opinions.


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Re: Sun Sued over H1-B workers (Score: 0)
by Anonymous on Saturday, March 22 @ 19:40:22 EST
Locking into "job classifications and employers" is not entirely true. As the BCIS states here, the temporary worker may switch employers under certain conditions.

As for the H-1B displacing American workers canard, the domestic automobile industry of the 70s and 80s may provide an imperfect analogy. It is recalled that at one time, domestic auto mfrs were exasperated over the popularity of Japanese cars. Detroit answered by simply producing better cars. Today, domestic cars rival, and some cases, exceed the quality of Japanese cars.

H1-B abuses and illegal circumventions aside, the above analogy therefore teaches this: as long as our university systems keep pumping out non-technical degreed grads and other countries keep producing skilled, high-tech grads, high-tech companies will continue to feed on H-1Bs.

Randy Tunac
The Manifest Border, a legal blog focusing on immigration.


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