The Anatomy of Public Corruption

Showing posts with label H-1b. Show all posts
Showing posts with label H-1b. Show all posts

JOB LOSSES SAP MORALE OF WORKERS - PLEASANT HILL MAN'S SUICIDE POINTS UP A RISING ANXIETY OVER OUTSOURCING AND THE TECH ECONOMY






JOB LOSSES SAP MORALE OF WORKERS - PLEASANT HILL MAN'S SUICIDE POINTS UP A RISING ANXIETY OVER OUTSOURCING AND THE TECH ECONOMY

May 13, 2003 | Contra Costa Times (Walnut Creek, CA)
Author: ELLEN LEE, TIMES STAFF WRITER | Page: a01 | Section: News
1362 Words | Readability: Lexile: 1140, grade level(s): 9 10 11-12 
In his oldest son's Pleasant Hill home, Tom Flanagan occasionally curses as he walks through the halls and gathers his son Kevin's belongings: the black-and-white photos his son developed in his makeshift darkroom, the household products he had a tendency to buy in bulk, the box-loads of books on computer programming.

More than once, Flanagan shakes his head. "It's a shame," he says. "We lost a good friend and a good mind."

One month ago, Kevin Flanagan took his life in the parking lot of Bank of America's Concord Technology Center, on the afternoon after he was told he had lost his job.

It was "the straw that broke the camel's back," his father said, even though the 41-year-old software programmer suspected it was coming. He knew that his employer, Bank of America Corp., like other giant corporations weathering the economic storm, was cutting high-tech jobs. He knew that Bank of America was sending jobs overseas. He had seen his friends and coworkers leave until only he and one other person remained on the last project Flanagan worked on.

Flanagan took steps to soften the blow. He considered studying law, and even made a list of California schools he was interested in researching. He applied for other jobs at the bank, but didn't receive responses.

In e-mails to his father, Flanagan sounded lighthearted. "I'm safe!" he would write in his Friday missives. "I'm safe for another week."

But Flanagan apparently masked the depth of the distress he felt as he fought to save his position. "He felt like he was fighting a large corporation that pretty much didn't care," his father said. "This final blow was so devastating. He couldn't deal with it." The father said he saw no other signs of depression before his son's suicide.

It is unclear if Flanagan lost his job because it had been sent overseas, or because the bank was slimming down because of the tight economy. Lisa Gagnon, a Bank of America spokeswoman, declined to comment, saying, "We're deeply saddened by this tragedy. We send our prayers to his friends, colleagues and family."

But his death underscores the anxiety that has swelled among technology workers at Bank of America and elsewhere as more businesses shift high-tech jobs and responsibilities to contractors offshore even as they cut jobs in the United States.

A report by Forrester Research projects that, led by the information-technology industry, 3.3 million service jobs and $136 billion in wages will move from the United States to such countries as India and Russia over the next decade or so.

Another survey by A.T. Kearney said that U.S. financial-services companies are planning to send overseas 8 percent of their workforces, thus saving them more than $30 billion.

Coupled with a rough economy and high unemployment, the phenomenon has left U.S. workers looking over their shoulders, wondering if their overseas counterparts could soon replace them. Blue-collar manufacturing jobs have for years crossed U.S. borders and waters. Some workers are bitter that white-collar, high-paying technology jobs are next.

"It could be me," said a Bank of America information-technology employee who spoke on the condition of anonymity. "It could be anybody."

Flanagan's parents say that he complained about the company's move to shift jobs out of the United States and talked about taking care of problems that contractors in India couldn't solve.

"Outsourcing has led to tragedy for us," said Tom Flanagan. "We are devastated."

Flanagan landed at Bank of America seven years ago after spending time at a San Francisco technology company and at ChevronTexaco Corp.

The Concord Technology Center, a cluster of four buildings that opened in 1985, employs programmers such as Flanagan to develop software programs that handle jobs like wire transfers. Throughout the Bay Area, the bank employs some 13,400 workers; the bank would not release the number of workers at the Concord center.

About two years ago, Bank of America created the Global Delivery Center to identify projects that could be sent offshore[JNI2]. In the fall of 2002, it signed agreements with Infosys, whose U.S. headquarters are in Fremont, and Tata Consulting Services, two of the largest players in information-technology consulting and services in India.

Overall, this deal should affect no more than 5 percent of the bank's 21,000 employees, or about 1,100 jobs, in its technology and operations division, Gagnon said. So far, it has been less than that, she added.

But Gagnon declined to say how many U.S. and Concord workers have been affected so far.

"It's important to note that just because we decide there is a good business reason to send a project (overseas) does not mean it will necessarily result in job displacement," she said.

Employees at Concord, who spoke on condition of anonymity, described shrinking project teams as work is shuffled around. One veteran worker said that in the middle of a project, he and his team members were asked to hand over documentation and explain their work to a group of engineers from India. He and his co-workers were then transferred to another project. A short time later, he lost his job.

Gagnon confirmed this, saying that in some cases it made sense to have workers train their overseas successors before they are let go.

"The knowledge transfer is essential to continue to provide our customers with the best possible services and solutions," Gagnon said.

One software engineer, who was laid off about two months ago, said that he lost his job because the bank was tightening its budget. But he argued that had other technology jobs not been moved offshore, he would have had more opportunity to shift jobs.

The harshest critics have called Flanagan's death an example of the collateral damage brought on by businesses expanding their offshore operations. A former software programmer said that morale in the office is so low that some employees feel like they're on "death row."

"Every day you think, 'Is this the day I'm gone?'" he said. "The next day you think, 'Is this the day I'm gone?' The stress builds up."

But other Concord employees have taken it in stride. "It's a fact of life in business," said one worker. "It's not perfect here, but it's a pretty darn good place to work," he said.

Proponents say that hiring technology workers overseas will make the company stronger: For one, it cuts costs. A contractor in India, the most popular locale, is typically paid $10,000, compared with $100,000 for a U.S. worker with the same skills. Proponents argue that this allows companies to stay competitive, saving and creating U.S. jobs.[JNI3]

Growing overseas does not necessarily translate into a loss in the United States, said Debashish Sinha, principal analyst for information technology services at Gartner, a research group.

"Very rarely is there a direct staff substitution," he said. "Very rarely will a U.S. enterprise lay off their internal IT folk to hire an external offshore service provider."

But as offshore workers graduate from basic jobs to more sophisticated technology work, critics here wonder if there will be high-paying, high-tech jobs left in the United States.

"There's a huge hole opening up here and no one is seeing it," said Pete Bennett, a former technology consultant in Danville who is now in the mortgage industry. He founded NoMoreH1B.com to protest businesses bringing in non-U.S. workers through the government's visa programs for highly skilled workers, a program that he believes helped fuel businesses' move to transfer jobs offshore.

A few weeks before his death, Tom Flanagan helped his son on yet another home improvement project in his Pleasant Hill fixer-upper. That night, they stayed up until 4 in the morning, "just shooting the breeze."

They often had these long discussions, about California politics, about the Enron debacle, about other world issues. They would argue until they couldn't keep their eyes open.

"He would never give up," Flanagan said. "He would never give up. But he gave up."

In a note that he left behind, Kevin Flanagan said that he felt like he had finally found his home when he moved to Pleasant Hill and landed his job at Bank of America.

"He loved working there," his father said. "He loved his house. He loved it here. He was happy. This was his life."

Ellen Lee covers technology and telecommunications. She can be reached at 925-952-2614 or elee@cctimes.com.
Caption: Photo, Kevin Flanagan mug.
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AirBnB - Hundreds of Foreign Tech Visas connected the Halloween Mansion Murders Orinda

LCA filing for H1B Visa Jobs
CertifiedCertified-WithdrawnDeniedWithdrawn
2018282004
2017249024
2016153002
201595002
201435102
201321011
201212000
20110000

LC filing for green card under PERM
CertifiedCertified-ExpiredDeniedWithdrawn
2018813506
2017393411
2016491801
201571110
20149400
20130100
20122000
20110000


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Orinda shootings: Who will pay for ‘Airbnb Mansion Party’ deaths, injuries?

Orinda shootings: Who will pay for ‘Airbnb Mansion Party’ deaths, injuries?

This is another knife in the back where Venture Capital creates billions in values while impacting the most valuable asset of everyone, everywhere that being our children.  
A Halloween night “Airbnb Mansion Party” in Orinda went horribly wrong with a shooting that left four people dead and several others injured.
What responsibility will lie with Airbnb, the highly valued short-term-stay company that brokered the house rental; or with the renter who hosted the party; or with Michael Wang and Wenlin Lou, the home’s owners, who said their rental listing banned parties?
When it comes to criminal liability, all are likely off the hook.
Darryl Stallworth, a former Alameda County prosecutor who is now a criminal defense attorney, said he doubts there will be any criminal liability involving the homeowner, renter or anyone other than the shooter and his or her accomplices.
“I think it would be extremely unlikely,” Stallworth said. “They would have to know or anticipate something happening. What people do in your house is not your responsibility.”
Criminal liability can arise, for example, if a homeowner knew a wall had a history of failing and then attendees were killed by the wall, he said. In the case of a shooting, liability could arise if a homeowner or renter knew there would be shooting or fighting and still rented the space out or invited people.
Even the person who rented the house is unlikely to face criminal charges for the shooting, even if they may have lied about not planning to hold a party.



“Being deceptive and not truthful for their reason of why they are renting doesn’t get you to criminal charges,” Stallworth said.
The parties would have to have done something “extremely reckless” to face criminal charges, according to Stallworth.
“Individuals are generally not liable for the criminal conduct of third parties,” said Daniel Bornstein, a real estate lawyer in San Francisco.
However, civil liability is a whole different matter.
“Someone will have to compensate someone for the harm that was generated in that house,” Bornstein said. He expects lawsuits against multiple defendants, including Airbnb, the owners and the person who rented the space. “This is a perfect storm of the risk you face when you arbitrage your house on Airbnb,” he said. “You may be ‘sharing’ with people who you don’t know from a hole in the head.”
It would be natural for any litigant to go after Airbnb, one of the most highly valued private companies in the world. Worth $35 billion in the private markets, the San Francisco company has said it will file to go public next year.
Airbnb provides two types of insurance-like vehicles to pay claims. Each has a $1 million cap and each has numerous terms and conditions. Its Host Guarantee covers damages to a host’s property, while its Host Protection Insurance covers liability claims brought by third parties over bodily injury or property damage that occurs during a stay.
Airbnb’s host forums have hundreds of comments from hosts saying the guarantees are riddled with loopholes and the company stonewalls attempts to collect. Airbnb referred questions about this to its website.
Online, Airbnb says “damage or injury from something done intentionally (not an accident)” is excluded, which could mean an intentional shooting is not covered.
But even assuming its guarantee does pay out, the $1 million cap on liability seems meager for the loss of four lives and numerous injuries.
A big question for the homeowners Wang and Lou will be whether they bought commercial insurance to cover using the house as a short-term rental. Standard homeowner policies generally exclude commercial activities.
Andy Schwartz, a Walnut Creek civil attorney, said without all the facts it’s hard to determine if any of the parties would face civil liability, but there are red flags.
“That’s the problem with unregulated industries such as Airbnb and Uber. There is very little, if any, oversight,” Schwartz said. “Airbnb makes it easy to rent out your house and then takes their share of the proceeds but does absolutely no vetting of the renters. It appears to me that both the homeowner and Airbnb face potential liability depending upon what we learn, once the facts are sorted out.”
Airbnb can kick renters off its marketplace after learning that they caused trouble. It also checks if guests are on terrorist or criminal lists, but only if the guest’s full name and date of birth are known.

Matthias Gafni and Carolyn Said are San Francisco Chronicle staff writers. Email: matthias.gafni@sfchronicle.com csaid@sfchronicle.com Twitter @mgafni @csaid

AIRBNB

Airbnb
2008FOUNDED
PRIVATESTATUS
1K-5KEMPLOYEES
IPOLATEST DEAL TYPE(Upcoming)
95INVESTORS
Description
Operator of an online property rental marketplace designed to offer short-term travel stays. The company's platform helps users to list, discover and book short term accommodations around the world, enabling users to book unique travel experiences in more than 65,000 cities and 191 countries.
Website
Formerly Known As
AirBed & Breakfast
Ownership Status
Privately Held (backing)
Financing Status
Venture Capital-Backed
Primary Industry
Other Restaurants, Hotels and Leisure
Other Industries
Application Software
Primary Office
  • 888 Brannan Street
  • 4th Floor
  • San Francisco, CA 94103
  • United States

+1 (855) 000-0000
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CBS5 KPIX 6/26/07 Double H-1b to 150,000


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H-1B lottery’s game of chance is legal, judge rules

Pete Bennett was once the leading Grass Roots Activist on the H-1b Visa
He learned like Ambassador Stevens that Clinton Murders swirling around the
Clinton Department of State is corrupt, murderous.
Someone got Bennett good by
murdering his relatives

MEET MY DEAD RELATIVES 

H-1B lottery’s game of chance is legal, judge rules






The government will be able to distribute H-1B visas via lottery in April as usual 

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The judge's ruling means that there will no changes to the H-1B distribution system this year.


On April 1, the U.S. will receive visa petitions, or applications, for the 2018 fiscal year that begins Oct. 1. The U.S. holds a lottery if the petitions exceed the 85,000 cap -- an almost certain outcome.


The U.S. last year received 236,000 H-1B petitions, reducing the odds of approval to about one-in-three.


The case was brought by two Portland, Ore. firms, Tenrec Inc., a web development company, and Walker Macy, a landscape architecture firm. Each sought to hire an H-1B visa worker, but lost the lottery. The lawsuit argued that the law requires visa petitions to be processed "in the order" they are filed and not randomly.


Employers submit H-1B petitions and if they lose the annual lottery the only other option is to try again the following year.


The lawsuit charged that the lottery was being gamed at the expense of smaller employers.



The government "left open the door to large companies with multiple business units or subsidiaries to file more than one petition for the same employee in the lottery, and thus receive twice or more the chance of securing a number in the random lottery than a small company," said the plaintiffs in a summary judgment motion.


Following the ruling, plaintiff lead attorney Brent Renison, at Parrilli Renison in Portland, Ore., said: "The court did not say the lottery was the best way to distribute visas, only a permissible way. While we disagree with the court's ultimate ruling which defers to the agency, we note that Congress can change the system for the better."


Simon appeared to consider the merits of a filing date system for H-1B petitions, but said such a system could could be random as well.


"For example, the Fedex driver may have had a flat tire or took a long lunch, resulting in the UPS truck delivering its petitions before Fedex," the judge wrote. "The U.S. Mail delivery may always be delivered in the afternoon for a particular location on the mail route, making its delivery last. Is it fair to process the UPS petitions first, simply because they 'arrived' at the USCIS (U.S. Citizenship and Immigration Service) office first?"


It is possible that President Donald Trump may attempt to make a last-minute change to the system. Some have been urging him to replace it with one that favors smaller H-1B users over large IT outsourcing firms.
To express your thoughts on Computerworld content, visit Computerworld's Facebook pageLinkedIn page and Twitter stream.



A lawsuit that challenged the fairness and legality of the H-1B lottery system, describing it as a "never ending game of chance," has been thrown out by a federal judge.  The case was heard by U.S. District Court Judge Michael Simon in Oregon; in a 31-page opinion, Simon said that the government's random visa distribution method does not violate the law.
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OBIT: Concord CA Kevin Flanagan, The First Dead Banker

OBIT: Kevin Flanagan, The First Dead Banker

Quick Facts

Daniel Soong
Pete Bennett 
Outsourcing Deaths? »

Death of American Programmers - clearing a path for hijacking passwords

A Reader Mourns An American Programmer Who Lost His Job -And Took His Life
FROM: Gene Nelson him]

On May 13, The Contra Costa Times reported on an event that should trouble us all-the suicide of Kevin Flanagan, 41. ("Job losses sap morale of workers," by Ellen Lee - elee@cctimes.com) Kevin was not a drug addict, a convict, or a ne'er-do-well; he was a trained computer programmer with years of experience whose job was sent overseas. The Contra Costa Times story reports that "led by the information-technology industry, 3.3 million service jobs and $136 billion in wages will move from the United States to such countries as India and Russia over the next decade or so."

At the same time, the federal government is cooperating with hugely-profitable computer companies to relax H-1b visa restrictions, so thousands more programmers from India, Pakistan, and other impoverished countries can pour into the U.S.-to compete with American programmers like Kevin. In 2002, Nobel Prize-winning economist Milton Friedman characterized H-1B visas as a "government subsidy program."

A month ago, Kevin Flanagan found out that he'd be losing his job at the Bank of America's Concord Technology Center. That same day, he took his life-in the parking lot of his former employer.

It wasn't that Flanagan was surprised to lose his job-he'd seen it coming for months, as his father told the paper. Flanagan had watched as veteran co-workers were forced to train newcomers from India-then fired and replaced by the immigrants. One former employee told the CC Times that employees at Concord feel like they're "on death row. Every day you think, 'Is this the day I'm gone?' he said."

Typically, the Contra Costa Times story did not draw the connection between the loss of high-tech jobs and immigration. But one of the story's sources did; Peter Bennett, a refugee from the technology consulting industry, who founded a group called NoMoreH1B.com. On its site, Bennett estimates that "approximately 800,000 highly-skilled U.S. workers are now unemployed as a direct result of Congress' H-1B visa legislation."

The story also gave the impression that the Bank of America was shifting jobs overseas and hiring immigrants to preserve its competitiveness. But the numbers tell a different story-that of a prosperous bank which has let greed trump any sense of patriotism or social responsibility.

The Bank of America (Chairman and CEO Kenneth D. Lewis) is a public company. According to its most recent report to Securities and Exchange Commission (10-Q), the company's first quarter revenues this year were $8.85 billion-up $0.3 billion from the same quarter last year. Data processing expenses consumed only 2.94 percent of revenue-hardly a drain on profits.

But that hasn't stopped Bank of America from using immigrants to undercut American workers. The U.S. Dept. of Labor H-1B website shows that in just two years, the company has imported about 200 technical professionals, mostly managers. Many received low pay for the work they perform-for instance, one "Securities Operations Analyst" who is paid only $38,100 annually.

This is just the tip of the iceberg, since most of the bank's newly imported employees are likely to be contractors who report to the imported managers.

How do I know this? I've read it in press releases from "outsourcing" firms, mostly based in India, with names like as Syntel, Cognizant, Tata (TCS), Exult, HCL Infosys, Wipro, and Satyam-all list Bank of America as a client. Between them, they employ thousands of Non Immigrant Visa (NIV) holders who don't appear in the above Federal tabulations.

In fact, many new Bank of America contractors fail to appear on California or Federal tax rolls at all, since they are paid by foreign firms with foreign currency via the L-1 program. (But they and their families use government services, so U.S. citizen taxpayers pay those bills.)
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