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Comments: 1 +-   Judge Rules Against H-1B Visa Holders & Foes A on Saturday August 16 2008, @03:10AM theodp

Submitted by theodp on Saturday August 16 2008, @03:10AM
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theodp writes "A preliminary injunction sought by the Programmers Guild to put a hold on a controversial 'emergency' rule change by the Department of Homeland Security to permit foreign students to work continuously in the U.S. for two-and-a-half years after graduation without an H-1B visa was denied by Judge Faith Hochberg, who indicated she failed to see how an increased labor supply could result in wage depression for engineers and computer workers. Which seems disingenuous, since in Andaya v. Citizens Mortgage Corporation, Judge Hochberg recently saw first-hand how a U.S. employer got away with paying an H-1B computer engineer as little as $15,000 to do a job with a 'prevailing wage rate' of $41,000. In that case, Hochberg ruled against Filipino H-1B visa holder Almira Andaya, arguing that 'nonpayment of wages as listed on the H-1B visa petition...does not raise a substantial question of federal law.' It's not that Judge Hochberg is heartless. After all, Springsteen-fan Hochberg did express sympathy for H-1B employers, who she fretted would experience 'enormous disruption' resulting in 'untold confusion' and a 'chaotic mess' if she didn't protect them from the Programmers Guild. Employers like NYU's School of Medicine, no doubt, which not only relies on H-1B labor to fill hundreds of positions (as does NYU), but also presumably pays Ms. Hochberg's surgeon spouse a handsome salary."
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