As an attorney focusing on employment-based immigration, I am concerned about a perception noted in "A foreign concept in hiring," Oct. 14.
My practice focuses on the technology sector, and it is true that many IT companies have contracts with government agencies for IT staffing and some of these assignments are filled with H-1B workers. But my problem is the perception that these employers are exploiting loopholes in the H-1B program as an effort to import "cheaper guest workers."
One of the biggest misconceptions that people have is that U.S. employers only hire foreign workers to save money. This dangerous perception could not be further from the truth. It often costs an employer two to three times more to import highly skilled foreign labor than it would to hire and maintain a U.S. worker. There are certain minimum prevailing wage requirements that only apply to foreign workers, government filing fees and legal fees.
The goal of most employers in a competitive economy is simply to hire the best and the brightest, regardless of nationality. The only true incentive for any U.S. employer to hire foreign labor on the H-1B program is the need to fill these positions with the most qualified human resources.
The H-1B visa and employment-based green card programs provide a system of protections for U.S. workers before foreign labor may be imported including, in some cases, advertising requirements.
Immigration is a volatile and polarizing debate. This is not about outsourcing jobs. These are highly skilled and educated individuals legally in the U.S. These individuals pay taxes, buy homes and contribute to the economy. The most complicating factor in this debate is the lack of information and the sensational distortion of the facts.
The reality is that we are a nation of immigrants. Although imperfect, the H-1B visa program has been instrumental in attracting the world's leading researchers and scientists to our great nation. It cannot be denied that this has contributed to our position of prominence in business, technology and medicine.
LEONARD J. D'ARRIGO
Whiteman Osterman
& Hanna LLP
Albany