Controversy surrounds employees on L-1 visas

Date: Wednesday, June 18, 2003 12:04 PM

JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

The bodyshop TATA finally revealed why they can't hire American
citizens to work in the United States. It's because only Indians can
get training on TATA software!

The primary reason is that its workers in India are
trained in Tata software training not available to U.S.
workers, said resident manager of personnel Girish Surendran.

If Surendran is to be believed, American companies are demanding
programmers that have TATA software training. If none of you have ever
heard of this software it's probably because there isn't a single
school in the USA that trains people in this in-demand skill.

Using the Google search engine only adds to the mystery because there
is no mention of "tata software." This must be a software language that
nobody has ever heard of before, so I was very curious who was hiring
"TATA software" experts. I did a check at www.Dice.com for this
special skill but a search of all their job ads turned out negative.

The reporter that did this story should have asked Surendran for more
explanation about this special skill that only Indians from TATA have.
It would be amusing to hear their answer.

TATA invented imaginary vaporware as a ruse to justify their blatant
discrimination based on caste, race, sex, and national origin.
Unfortunately our government gives blanket approval for discriminatory
behavior as long as companies can say that their hiring practices are
based on skill sets, not racism.

http://jobcenter.dallasnews.com/sharedcontent/careers/workingnews/061503ccCareersTechmain.c47bc5d9.html

Controversy surrounds employees on L-1 visas

Critics contend U.S. jobs at risk when transferees are outsourced

06/15/2003

By VICTOR GODINEZStaff Writer / The Dallas Morning News

Just as H-1B workers have done, L-1 visa holders are stirring up
controversy in the United States.

Whereas H-1B visas allow U.S. companies to hire overseas workers
specifically for the purpose of filling open jobs in this country, L-1
visas are meant for intra-company transfers and are valid for a maximum
of seven years.

Although there are legitimate reasons a company would transfer a
foreign employee to the United States, critics charge that the program
is being abused as a way to cheaply replace American workers.

A company that has resources throughout the world might need to bring
in its foreign workers for their special expertise, cross-training or
management indoctrination.

FILE 2002/DMN
LeEarl Bryant, immediate past president of the Institute of Electrical
and Electronics Engineers, says some companies exploit a loophole in
the L-1 visa law.

"What can be wrong with that?" asked LeEarl Bryant, immediate past
president of IEEE-USA, the Institute of Electrical and Electronics
Engineers.

The problem, Ms. Bryant and others say, is that a loophole in the law
allows employers to transfer L-1 workers to the United States and then
outsource those workers to other companies. When that happens, American
workers are often displaced because L-1 visa holders do not have to be
paid wages in line with their U.S. counterparts.

"It's even worse [than H-1B abuses] because it's manipulating the
system to avoid paying those people prevailing U.S. wages," said Ms.
Bryant, who lives in Dallas. "And, of course, it kind of washes the
hands of the U.S. employer who has the real work to do. They can say,
'We're not hiring H-1B people. We're hiring temporary workers from
company X, who provide this service of software design.' "

The government recognizes that loophole as a problem, said Chris
Bentley, a spokesman for the Bureau of Citizenship and Immigration
Services. The bureau is assessing the L-1 program, and Mr. Bentley said
that violations are being investigated.

"We certainly do hear about the possible abuses, and the fact that
there is an assessment of the visa category would indicate that it's
being taken very seriously," he said.

Last month, Rep. John Mica, R-Fla., introduced a bill that would close
the L-1 outsourcing loophole.

His office noted in a news release that in some instances, "American
workers have been forced to train their own L-1 replacements or suffer
the loss of severance pay."

"While we want to help our businesses meet their workforce needs, this
proposal will help ensure that Americans are no longer victimized
through a legal loophole," Mr. Mica said in the release.

Mr. Bentley said the number of L-1 visa holders seems to be tapering
off, as is the number of H-1B workers, because of the slow economy.

Alcatel SA, the French telecommunications equipment firm with U.S.
headquarters in Plano, has used L-1 workers, but only a limited number
remain, said company spokesman Brian Murphy.

"We had a need for special-skills engineer people," said Mr. Murphy,
who added that Alcatel hasn't outsourced its L-1s. "So we had a program
called Go USA where employees, mainly from France and other European
countries, could come over here and work."

India-based Tata Consultancy Services uses the L-1 visa program to
transfer employees to the United States and send them out on consulting
projects across the country. The primary reason is that its workers in
India are trained in Tata software training not available to U.S.
workers, said resident manager of personnel Girish Surendran.

"We've got more than 50 research and development centers spread across
India in multiple locations," he said. "When they come to the U.S. on
this basis, they bring that knowledge with them."

Mr. Surendran said Tata complies with the legal requirements of the L-1
program and pays all of its employees the prevailing wage, or more, in
each location where they work.

He said Tata doesn't track whether its client companies use the L-1s to
replace existing staff.

E-mail vgodinez@dallasnews.com

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