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Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

nytimes.com

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Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#161

Post by nommm-nommm »

DrScump wrote: post #150
nommm-nommm wrote: post #130

Earlier quoted context omitted.

Law firms have openly admitted to advising businesses in this kind of fraud! http://www.post-gazette.com/business/businessnews/2007/06/21... "Our goal is clearly not to find a qualified and interested U.S. worker, and, you know, that in a sense that sounds funny, but it's what we're trying to do here. We are complying with the law, fully, but our objective is to get this person a greencard.... Certainly we are not go…

"Our goal is clearly not to find a qualified and interested U.S. worker..." This video is a smoking gun , with respect to this firm and its clients, at least. Everyone interested in the topic should watch this. (Has anybody composed a transcript?) Note the strategy laid out starting around 3:30: "(have US applicants go through the motions) to find a legal basis to DISQUALIFY them... in most cases, this doesn't seem t…

You gotta wonder... What percent of the job ads out there are real? How many man hours have real job seekers spent applying for job ads that are 100% FAKE? What's the toll on these real job seekers?

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#162

Post by prostoalex »

bsder wrote: post #145
prostoalex wrote: post #121

Earlier quoted context omitted.

The transfer documentation is not that onerous, to be honest. Allegedly it's a gatekeeper against H1 program turning into a spout for unqualified immigration where "an employer" hires you for extremely high salary, and you quit on day 2 to start an exciting career in dishwashing.

The simplest way is to convert to a green card after being employed for 12 months. Employer is responsible for all legal fees, background check fees, etc. over the course of your employment. If you quit at day 2, the employer is still on the hook for all the fees. It can be gamed, but if you make the fees something like 30-40K, genuine employers will simply shrug as they'll amortize that over 3-4 years. Sweatshops, h…

My understanding is that current employment-based green card process is constrained entirely by slow turnaround by Department of Labor and USCIS, not some company shenanigans or legislative provisions for artificial delays, at least according to http://www.uscis.gov/sites/default/files/USCIS/Resources/E2e... And that slow turnaround is predicated by DoL / USCIS budgets and their ability to hire and train proper employees.

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#163

Post by davidw »

rubikscube wrote: post #158
davidw wrote: post #149

Earlier quoted context omitted.

Actually, there is: economics. You can't have a successful country and exclude everyone who wasn't smart enough to be born there. In a world of N billion people, a lot of talented people are going to be born abroad. Keep them out, and they'll concentrate in other places. Do you realize how much of the tech world was built be people from all over? HTTP, Linux, Google, Java, C++ and so on.

Restricted immigration that allows the top talent of various countries is not the same as mass immigration that replaces the host population and culture. Your dream of an open-borders utopia is incompatible with a successful country. Israel has had a strict immigration policy, far more restrictive than the post-1965 US policy. They don't seem perturbed by your claimed economic requirement of not "exclud[ing] everyone…

Israel has seen a lot of immigration: http://www.migrationpolicy.org/programs/data-hub/charts/fore...

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#164

Post by protomyth »

calvinbhai wrote: post #138
protomyth wrote: post #84

Earlier quoted context omitted.

Perhaps I should have put the full poverty level tables which are calculated at https://aspe.hhs.gov but 10x the local poverty level seems more than fair. > Again, any minimum salary requirement, becomes very easy to game (employee can be expected to pay back in cash, for the difference). This will put genuine companies (that cannot do such shady deals) at a great disadvantage Paybacks are illegal now and should stay…

Kickbacks certainly are illegal (and it should remain that way). But, just because it is illegal, doesn't mean it doesn't happen.

Robberies happen but we don't stop trying to put criminals away or give up and make it legal to rob people.

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#165

Post by MaysonL »

harryh wrote: post #153
MaysonL wrote: post #152

Earlier quoted context omitted.

In 1945, most Americans would have believed that the Japanese people and the German people were not ready for democracy. Luckily the Truman administration and its allies were not as feckless and irresponsible as the Bush administration.

I don't think your assertion about 1945 is correct. Both Germany and Japan had functional and stable democracies before that date which was excellent evidence that they could support it.

Belsen and Bataan beat anything ISIS has done.

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#166

Post by bsder »

prostoalex wrote: post #162
bsder wrote: post #145

Earlier quoted context omitted.

The simplest way is to convert to a green card after being employed for 12 months. Employer is responsible for all legal fees, background check fees, etc. over the course of your employment. If you quit at day 2, the employer is still on the hook for all the fees. It can be gamed, but if you make the fees something like 30-40K, genuine employers will simply shrug as they'll amortize that over 3-4 years. Sweatshops, h…

My understanding is that current employment-based green card process is constrained entirely by slow turnaround by Department of Labor and USCIS, not some company shenanigans or legislative provisions for artificial delays, at least according to http://www.uscis.gov/sites/default/files/USCIS/Resources/E2e... And that slow turnaround is predicated by DoL / USCIS budgets and their ability to hire and train proper emplo…

You are 100% correct. HOWEVER, you don't see the companies lobbying to increase the funding to DoL/USCIS.

The reason is that the choke point benefits these companies. If you cleared the backlog so that a green card was a 12 month process, the companies would quit asking for H1-B's unless they really wanted them.

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#167

Post by ergothus »

calvinbhai wrote: post #137
ergothus wrote: post #99

Earlier quoted context omitted.

This. My first experience with H1-B workers was working with contractors at a state agency (in Virginia). They were nice, but not highly skilled overall, and terrified of losing the job as they didn't have any guarantee of getting another U.S. job. This, in turn, made work life worse for everyone, as they'd never complain about anything on the job, even when it was egregious and not just software devs being whiny. My…

I concur. As someone who is here in US on this visa (fortunately, my workplace presence resembles your seattle experience), I can totally understand what you are pointing out. Something that'll genuinely solve all the problems (qualified americans losing jobs, outsourcing companies abusing loopholes, salaries racing to the bottom), would be to have a concept of temporary green card. Instead of a 3 year H1b, have a 3…

I'm hardly qualified to address the nuances of the immigration system: were it up to me, anyone willing to work and pay taxes would be welcome here (I'm particularly baffled that the U.S. will further the education and/or experience of people, then make it hard for them to stay), so it that sense your proposed visa is still too much paperwork, too many unnecessary rules.

That said, it certainly sounds like an improvement over the status quo: slightly better quality of life for the Seattle-like folks, and real options to reduce employers taking advantage of desperate employees.

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#168

Post by mc32 »

davidw wrote: post #6

The real fix to this is to make sure that people brought over with an H1-B can easily change jobs. That way they're not beholden to some low-wage job, and companies that bring people in merely for low wages will face high rates of churn.

Another one is denying the visas to a company which is obviously replacing people 1:1. So they can't argue that they cannot find qualifying candidates just because they just so happen to have fired them to make them unqualified.

This isn't a cold trail of off shore shell accounts and obfuscating financials dealings. The trail is pretty clear.

Re: Lawsuits Claim Disney Colluded to Replace U.S. Workers with Immigrants

#169

Post by coldtea »

protomyth wrote: post #80
coldtea wrote: post #60

Earlier quoted context omitted.

> If the companies are not using it for that purpose and telling the government something different then they are committing fraud. The kind of fraud that's profitable, happens regularly and nobody gets called for.

Well, this is an article about Disney getting called on it via a lawsuit.

A civil lawsuit as the sibling comment notes.

For which they'll settle or pay some insignificant fine, and continue about their same business.

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