Sergunka wrote: 18 Aug 2018 17:39
Классная статья, но не удается открыть без подписки. Не могли бы выложить статью целиком и самые прикольные коментарии к ней?
Заранее балгодарен
Конечно, вот полная статья:
Outsourcing companies that obtain U.S. work visas to place foreign workers in U.S. companies have become a target for critics of the H-1B visa program, and a new lawsuit will likely add fuel to the fire.
Indian outsourcing company HCL discriminates against non-Indian citizens in hiring and promotions, fires them at a higher rate than Indian workers, and games America’s visa system by gobbling up more H-1B visas than it can use, a new lawsuit by a former employee claims.
HCL did not immediately respond to a request for comment.
The lottery-based H-1B visa, intended for highly skilled jobs, has attracted the wrath of critics who point to reported abuses — by outsourcing firms, Disney and UC San Francisco, for example — and claim it is used to replace American workers with foreign nationals. HCL supplied Indian workers reported to have replaced Americans at UCSF last year. Silicon Valley’s tech industry relies heavily on the H-1B, and has lobbied for an increase to the annual 85,000 cap on new visas.
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Reese Voll, a white, male computer-systems architect who said in his lawsuit that he worked at HCL for about two years until he was terminated in August 2016, alleges the company “prefers South Asians in employment decisions” and has implemented a number of corporate practices to put its bias into action. The suit said HCL’s South Asian workforce is “primarily Indian.”
Voll is seeking class-action status for the lawsuit, which was filed Wednesday in U.S. District Court in San Jose.
Among the corporate practices adopted by HCL is filling its U.S. workforce with Indian citizens working under the H-1B visa, the suit claims.
“HCL submits visa petitions for more positions than actually exist in the U.S. in order to maximize its chances of securing the highest number of available H-1B visas from the lottery process,” the suit alleges. “In this way, HCL has been able to secure visas for far more individuals than it actually has a present need for.”
All, or virtually all, of the H-1B visas HCL obtains are for South Asians, the suit said.
Foreign citizens with H-1Bs are given preference over workers already in the U.S., the suit claims.
“Non-South Asian individuals are often displaced from their current positions in favor of South Asian and visa-ready individuals,” the suit alleges. “Jobs are given to visa-holding South Asians from India.”
The suit was filed in federal court, as it claims HCL’s employment practices violate U.S. civil rights law.
Indian workers have dominated the H-1B system, with 2.2 million H-1B applications submitted for Indian workers from 2007 to 2017, according to U.S. government data. China, the country with the next-largest number of applicants, had about 300,000 visa requests. Pew Research reported last year that more than half of all H-1B visas were awarded to Indian citizens from 2001 to 2015.
Outsourcing firms have traditionally taken the largest numbers of H-1B visas. The H-1B is obtained by companies, and in 2016, three of the top five recipient firms were Indian outsourcers, Pew reported last year. HCL was eighth on the list of top H-1B recipients in 2016, receiving 3,492 visas, according to Pew. The leading recipient was New Jersey-based Cognizant, with 21,459 H-1B approvals in 2016, Pew reported.
HCL’s preference for Indian workers means it promotes them at higher rates than non-South Asians, and it terminates non-South Asians at higher rates, the suit alleges. Voll claims that in the two years he worked for HCL, in Texas, he witnessed the company’s preference for Indian workers first-hand.
Voll also claims he wasn’t able to collaborate properly with co-workers.
“South Asian colleagues routinely spoke in Hindi and other non-English languages both socially and while discussing client-related work, precluding (Voll) from fully participating in these conversations,” the lawsuit claims.
Voll said in the lawsuit that he was terminated after HCL removed him from his computer-systems architect position, and that his subsequent applications for positions in the company were unsuccessful.
Voll wants the court’s approval to bring in as co-plaintiffs “all individuals who are not of South Asian race who applied for positions with (or within) HCL in the U.S. and were not hired, who were employed by HCL in the U.S. and sought a promotion but were not promoted, and/or who were employed by HCL in the U.S. and were involuntarily terminated.”
He is seeking unspecified damages and compensation, plus a court order forcing HCL to adopt a “non-discriminatory method for hiring, promotion, termination, and other employment decisions.”