DAA Politics Page

Updated 8/04/1999

DAA Home Page My Letter to the Star Ledger John Bailye's Letter My Reply to John Bailye

Sometimes something will get me so riled up that I just can't let it go. In this case it was seeing John Bailye's face on the cover of the Newark Star Ledger. As I read the article I knew that I could not let the assertions in it go unchallenged. This page is the result.

I urge you to contact your Senators to let them know you oppose any further increase in the H1-B visa program.  

New Jersey Senator Contact Information
Senator Robert Torricelli
One Riverfront Plaza, Third Floor
Newark, NJ 07102
Tel: 973-624-5555
Fax: 973-639-2878
Senator Frank Lautenberg
1 Newark Center 14th Floor
Newark, N.J. 07102
(973) 645-3030
Fax (973) 645-0502

What's New

08/03/99 Senate aims to raise visa limits for high-tech workers from News.Com
Senator Gramm has been joined by Senators Lott and McConnell in supporting an increase in the number of H1-B visas from 115,000 to 200,000 this year. It seems that the previous increase from 65,000 to 115,000 was insufficient. The quota of 115,000 was reached in June of this year, leaving no more until the start of the next fiscal year, which is October 1. Stay tuned to this page for updates and information on this story.
06/09/99 Senator Phil Gramm proposes increase in number of H1-B Visas. from ZDNet
Not satisfied with the last fall's increase in the number of visas per year to 115,000, Senator Phil Gramm of Texas announced plans to introduce legislation to increase the total to 200,000 this year!   Here we go again...
10/22/98 President Clinton Signs Budget Bill which includes increase in H1-B Visa Program.  Oh, the agony of defeat.  Of course this comes just as some economists are forecasting recession for next year.  Nice going Congress, and Mr. President. You've managed to take 142,500 jobs from American workers. That's something I would want to campaign on.
10/12/98 Senate Swallows Visa Bill from Wired News
The H1-B visa bill is dead for the year, according to published reports. A small group in the Senate managed to block a vote Friday night, killing the bill.  50,000 American jobs were saved next year, along with another 50,000 the following year. JB will just have to settle for fewer indentured servants.  Victory is sweet.
9/24/98 Update - House passes H.R. 3736 by 288-133
``This is not about a lack of workers, its about a lack of workers that are the cheapest you can find. It's about a lack of indentured servants that we can bring from other nations,'' said Rep. Ron Klink, D-Pa., my new favorite congressman.  No word yet on when the Senate will take action on the bill.  As for a link, check out this article from News.com.  You can see the roll call vote information here.  I think I feel another letter to the editor coming on.
9/24/98 Agreement to Increase Technology Visas from The New York Times
142,500 additional H1-B visas will be granted over the next 3 years.  The White House and Senator Spencer Abraham worked out a compromise which exchanges the new visas for enhanced Labor Department oversight of the program and fees which will be used to fund worker training programs here.  It is reported that the bill enjoys bi-partisan support and is likely to pass quickly.  All the more reason for you to contact your representative and let him know your opposition to any increase in the quota of H1-B visas.
9/19/98 Some Information about the The H1-B Visa Program
A breakdown of H1-B visa applicants by country: India - 44%, People's Republic of China - 9%, United Kingdom - 5%, Philippines - 3% , Canada - 3% .
By Occupation: Computer related - 41.5%, Therapists 19.5%, Other medical/health 4.9%, College/University faculty 2.9%, Registered Nurse 2.5%, Accountants/Auditors 2.4%, Physicians 2.3%.
Wages paid to H1-B holders: Less than $25,000 3.1%, $25,000-$50,000 75.9%, $50,000-$75,000 16%, Over $75,000 4.9%

All data from House of Representatives report 105-657 which accompanies H.R. 3736.  Research? How's that for research?

9/14/98 House Sets Vote on Visas from Wired News
The House of Representatives has scheduled a vote on the H1-B Visa bill for Thursday, September 17, 1998.  This is the same bill that was postponed back in August due to the threat of a veto.  The House Bill is H.R. 3736, The Workforce Improvement and Protection Act of 1998 (Where do they get these bill titles, the Ministry of Truth?) While this version certainly contains more protections for American workers than the Senate version, I encourage you to take the time to express your opposition to your congressman, by phone, fax or e-mail. My representative is Rodney Frelinghuysen, who represents the 11th district (Morris, and parts of Essex, Sussex, Somerset, and Passaic)  Contact information for Rep. Frelinghuysen is here.  If you're not sure who your congressman is, there's a search by zip code on Rep. Frelinghuysen's contact page.
8/1/98 White House Threatens Veto for High-Tech Visa Bill from the New York Times
The White House is insisting on greater protections for American workers in any bill to increase the number of H1-B visas, effectively derailing any chance of this legislation passing before the Senate returns from its recess in September.  The White House wants to charge companies using the H1-B program a fee (either $500 for each application or $1000 for each visa granted) which will go into a worker training fund to help American workers.   For more coverage see this article from the San Jose Mercury News.
7/25/98 Congress Likely to Allow More Foreign Engineers from the New York Times
More in depth coverage of the compromise reported yesterday. I particularly like the quote from Rep. Ron Klink (D. PA) "This is a loophole for big companies to hire cheap indentured labor. It's a huge loss to American workers, especially young people who have made their educational decisions based on an expectation of jobs when they get out of school. Instead, these companies will be hiring cheaper foreigners."  I couldn't agree more.
7/24/98 Visa Compromise Reached from Wired News
It seems that the House and Senate have reached a compromise on  increasing the number of H1-B visas.  The House version seems to be the one that will be passed, requiring companies to swear that they didn't lay off an American in order to hire a foreigner.  Supporters hope to have the legislation passed before Congress recesses in August.
6/19/98 Debate Over Visas for Foreign Workers Focuses on Layoffs From the New York Times
Rep. Lamar Smith wants companies applying for H1-B visas to certify that they are not laying off American workers and replacing them with cheaper foreign labor. Doesn't sound so bad to me, but you should hear the outcry from the Chamber of Commerce.  You think maybe because companies using the program are laying off American workers and replacing them with cheaper foreign labor?  Read the article and decide for yourself.
5/18/98 S. 1723 passes the Senate 78-20.
Senator Torricelli voted against the bill, while Senator Lautenberg voted for it.  I suggest expressing your displeasure with Senator Lautenberg.  I did..  For those who live in other states, or are curious to see the complete roll call vote, click here.  We can still kill this bill in the House and lobby the President to veto it if it gets that far.
5/4/98 Added a link to testimony before the subcomittee on Immigration of the House Judiciary Committee.  As you can see, the administration does not feel this legislation is necessary.
5/1/98 Bill on Immigrant Workers Advances in House.  
Read the New York Times Article on it.
4/24/98 See what your fellow alumni have to say:  
Thanks to all who've written to express their support for our position.
4/20/98 The New York Times had an article on the H1B Visa issue.  
Seems the media isn't quite buying JB's story.
4/10/98 The Star Ledger printed my letter!  Page 22, third letter in Reader Forum. 
4/8/98 My Reply to JB is now available Also the Senate Bill is S. 1723, misleadingly titled "The American Competitiveness Act".  It might help to mention the bill number if you are planning to call or write your Senators.  For those who are interested, I have downloaded a copy of the bill in PDF format and can e-mail it to you upon request, or you can look for it at http://www.senate.gov (I've forgotten the exact URL).
4/7/98 News Flash: John Bailye responds to this page:   Click here.
3/31/98 News Flash: John Bailye makes the cover of the Star Ledger
The text of the original article can be found at http://www.nj.com/page1/ledger/stories/76ee1a.html

My Letter to the Star Ledger

For those who didn't read the original article, here's the executive summary.  John Bailye is in Washington D.C. lobbying Congress to increase the number of visas being issued for so-called "specialty occupations" (i.e. computer programmers, engineers) by 25,000 annually.  Mr. Bailye seems to think that this is the solution to his inability to hire enough workers.  To which I have written the following reply and sent it to the editor of the Star Ledger.  

March 31, 1998

Editor
The Star Ledger
1 Star Ledger Plaza
Newark,  NJ 07102-1200

Dear Sir:

Your March 31 article entitled  "Importing High Tech" skills quotes Mr.
John Bailye as saying "we can't expand the way that we like because we
can't be sure we can get the qualified people."  As a former employee of
Mr. Bailye's I must agree. However, the reasons have nothing to do with
a shortage of qualified people.

If Mr. Bailye is truly interested in recruiting and retaining qualified
people, he might do well to understand the kinds of things that motivate
technical workers.  Things like reasonable hours, interesting work,
comfortable working conditions, and competitive pay would all help.
Mr. Bailye however is interested in doing none of those things.  He and
others like him would prefer a docile labor force consisting of foreign
workers who cannot quit their jobs for fear of being deported.  They
will not complain about long hours for low pay.  Mr. Bailye is
advocating nothing short of reviving indentured servitude.  

Sincerely,

Stuart Kirschenbaum
Senior Programmer/Analyst

P.S.  I was employed at Dendrite International (Mr. Bailye's company)
from 1995 through 1997.  

The article goes on to explain that there is pending legislation before the Senate Judiciary Committee to raise these quotas. I am opposed to such legislation and hope that most of the DAA agrees with me (if for no other reason than if JB supports it, we must be against it.)  I hope that you will call or write to Senators Lautenberg and Torricelli to express your opposition to raising these quotas.  

Contact Information
Senator Robert Torricelli
One Riverfront Plaza, Third Floor
Newark, NJ 07102
Tel: 973-624-5555
Fax: 973-639-2878
Senator Frank Lautenberg
1 Newark Center 14th Floor
Newark, N.J. 07102
(973) 645-3030
Fax (973) 645-0502

Be sure to mention that you oppose S. 1723, the "American Competitiveness Act."  

On a personal note, I have nothing against immigrants or immigration.  My girlfriend Ramesh was born in Iran and only recently became an American citizen (Congratulations, Ramesh).  But I do object to importing foreign workers as a ploy to drive down my salary and my standard of living.  

4/7/1998 John Bailye Responds

Stuart,

It's a shame you do not do more research. The journalist's byline is a hint
- but it's a good place to start.

There are 188,000 openings for technical jobs unable to be filled in the
USA. Most companies source the deficit overseas with contractors. The money
leaves the US economy, so do the skill sets, so we lose two ways (not
Dendrite - you, me, the whole economy).

If we assume past trends remain, a substantial percentage of immigrants
brought here to fill jobs actually stay. They make money, may even start
their own business one day, employ people, pay taxes, etc. This way we all
win.

This issue is not about you and your job. It is about economic merit, our
country and its future strengths leading information technology
opportunities globally.

By the way, the Senate Committee just yesterday approved the bill for
presentation.

You may or may not be right about whether this helps you short term (you
are, after all, a free agent in an open market), but I sincerely hope it
helps our country long term (although I think 25,000 new people is too few).

You seem to be vitriolic about Dendrite. That is sad. I hope that despite
the oppression of all your years here, you find a job you like.

John Bailye


To see my reply to that click here