Author |
|
---|---|
Audio read by | Juliet St. John |
Cover artist | Janet Perr |
Genre | Non Fiction |
Published | November 10, 2015 |
Publisher | Simon & Schuster Audio/Mercury Ink |
Pages | 480 |
ISBN | 978-15011-1594-3 |
OCLC | 922639608 |
Website | michellemalkin |
Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers is a 2015 book authored by Michelle Malkin and John Miano, a displaced high-tech professional, author and attorney who specializes in business immigration law at the policy level. [1]
The book confronts the perception of a STEM professional shortage, exposes the flawed economics supporting the perception, and cites findings that offshore outsourcing firms are the predominant users of high-skill temporary employment-visas. [2] [3] The book's publication follows media reporting that Pfizer, [4] Southern California Edison, [5] and Walt Disney World to name a few, have each forced hundreds of employees to train their foreign replacements or risk their severance, unemployment eligibility and professional references. [6] Additional studies cited conclude that a high percentage of qualified U.S. STEM professionals are unable to find employment in their field. [4] [7]
Rather than an exposé on the illegal immigration topic, Sold Out highlights temporary-employment immigration, watered-down regulations, the lack of will and authority of regulators to vet applicants and investigate abuses. [8]
Malkin is the daughter of immigrants from the Philippines, [9] and Sold Out is a continuation of her writings on the immigration topic. Invasion (2002) was her first published book, a New York Times Best Seller reaching #14. [10] Collectively, Malkin refers to K street lobbyists, their multinational benefactors and the politicians who cave to their demands as crapweasels in Sold Out. [8]
Miano is a software engineer and author of numerous programming books, he is a founder of the Programmers Guild and has been a Fellow at the Center for Immigration Studies since 2008. He earned his J.D. from Seton Hall University and has testified before Congress on three occasions. [11] [12]
In an interview and call-in segment on the Washington Journal (C-SPAN), Malkin and Miano noted bipartisan consensus on the topic among the callers, regardless of Malkin's known conservative leanings. [8]
Sold out clearly has a point a view about the program (crapweasels, for instance), but it backs up its assertions and gives H-1B supporters a high threshold to cross. A serious argument in defense of the visa program requires explaining how America gains when a U.S. worker is replaced by foreign visa holder hired to do the exact same job. If you are going to justify the H-1B program, then you have to defend firms that force their employees (no severance otherwise) to train their replacements. [13]
— Patrick Thibodeau, Computerworld
The book is not merely some populist jeremiad. From the beginning, Malkin and Miano present tables, footnotes and historical background to make their case against the various visas that companies use to import foreign workers. They date this trend back to the Immigration and Nationality Act of 1952, which created the H-1 and H-2 visas. They note “the H-1 visa differed from the H-2 visa in that it did not require showing that Americans were not available for the job”. [14]
— Brad Matthews, Conservative Book Review
For example, they show that “the administrations of both George W. Bush and Barack Obama sneakily expanded the foreign worker supply by administrative fiat, including expansion of the Optional Practical Training (OPT) Program, through which 560,000 foreign ‘students’ have been authorized to work in the U.S.” Sometimes this optional training is in convenience stores. [15]
— Malcolm A. Kline, Accuracy In Academia
After reading it, I must say that I agree with Matloff’s and Thibodeau’s assessments. The snappy, slangy, often incendiary prose suits the authors’ goal of reaching a popular audience as well as their anger at the labor conditions that have resulted from the widespread use of high-skill guest worker visas. No matter how overheated Malkin and Miano’s rhetoric may become, however, they never let emotion get in the way of solid research and analysis, and their 116 pages of supporting documents and footnotes cite sources from across the political and ideological spectrum, all the way from the conservative Breitbart News Network to the Economic Policy Institute, a nonpartisan think tank that aims to “include the needs of low- and middle-income workers in economic policy discussions,” according to its website. [16]
— Beryl Lieff Benderly, Science Magazine
The New York Times did not do a book review on this Malkin book, and they ignored her use of the term crapweasel in the plural on the cover. In 2009 they praised her first hardcover book. [17]
Tata Consultancy Services (TCS) is an Indian multinational information technology (IT) services and consulting company with its headquarters in Mumbai. It is a part of the Tata Group and operates in 150 locations across 46 countries. In July 2022, it was reported that TCS had over 600,000 employees worldwide.
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder may need to reapply. Laws limit the number of H-1B visas that are issued each year: 188,100 new and initial H-1B visas were issued in 2019. Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status.
Michelle Malkin is an American Conservative political commentator. She was a Fox News contributor and in May 2020 joined Newsmax TV. Malkin has written seven books and founded the conservative websites Twitchy and Hot Air.
The Immigration Reform and Control Act was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
Invasion: How America Still Welcomes Terrorists, Criminals, and Other Foreign Menaces to Our Shores (ISBN 0-89526-075-1) is a 2002 book written by conservative political commentator and author Michelle Malkin. In it, she states that the U.S. immigration system is plagued by bureaucratic inertia, political correctness, corruption and pressure from corporate special interests, that weaknesses in the US immigration system played a role in the September 11, 2001 attacks, and that criminals and terrorists are able to exploit loopholes to get into the United States.
The Center for Immigration Studies (CIS) is an anti-immigration think tank and a SPLC designated hate group. It favors far lower immigration numbers, and produces analyses to further those views. The CIS was founded by historian Otis L. Graham and eugenicist and white nationalist John Tanton. The organization was founded in 1985 as a spin-off from the Federation for American Immigration Reform, and is one of a number of anti-immigration organizations founded by Tanton, along with FAIR and NumbersUSA.
Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for one academic year are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education. Foreign students currently enrolled at a U.S. university can receive full-time or part-time work authorization through Curricular Practical Training.
Curricular Practical Training (CPT) provides temporary employment authorization for F-1 visa non-immigrant foreign students in the United States while enrolled in a college-level degree program. Students can receive employment authorization right after enrollment if the college deems the work "integral" to the student's study, such as a major course requirement or internship program. CPT allows students to work in both paid and unpaid jobs.
An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.
Sold Out may refer to:
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 was a proposed immigration reform bill introduced by Sen. Charles Schumer (D-NY) in the United States Senate. The bill was co-sponsored by the other seven members of the "Gang of Eight", a bipartisan group of U.S. Senators who wrote and negotiated the bill. It was introduced in the Senate on April 16, 2013 during the 113th United States Congress.
The Temporary Foreign Worker Program (TFWP) is a program of the Government of Canada that allows employers in Canada to hire foreign nationals. Workers brought in under the program are referred to as Temporary Foreign Workers (TFWs) and are allowed to work in positions that are not filled by Canadians. The aim was to address skill shortages and promote economic growth. Initially, the program was aimed at nurses and farm workers, but today it gives highly skilled and less skilled workers the opportunity to work in Canada.
The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 and E-3. The application is submitted to and needs to be approved by the United States Department of Labor Employment and Training Administration (DOLETA)'s Office of Foreign Labor Certification (OFLC). The form used to submit the application is ETA Form 9035.
Rajiv Dabhadkar is a Technocrat. He is a resident of Panchgani,in Maharashtra. At present, he is the CEO and Founder of "National Organization for Software and Technology Professionals", which came into existence in April 2004 and has been involved in a knowledge (tech) worker advocacy organisation with a focus on wage discrimination and worker rights issues.
Tenrec v. USCIS, colloquially known as the H-1B Lottery Lawsuit, was a class action lawsuit brought against United States Citizenship and Immigration Services, challenging the lottery process used to decide which cap-subject H-1B Form I-129 petitions to adjudicate in case more petitions were received than the cap for the fiscal year. The plaintiffs were two pairs of H-1B petitioner (employer) and beneficiary. The case was decided against the plaintiffs, and an appeal was withdrawn after both plaintiffs withdrew.
Sara Blackwell is an American attorney specializing in employment law and is the founder of Protect US Workers, a non profit organization. Blackwell gained national media attention when she represented hundreds of United States citizens and permanent residents who were replaced by recipients of H-1B temporary work visas. In 2018, she represented New Orleans Saints cheerleader, Bailey Davis, who was fired for an Instagram post and allegedly attending a party where NFL players were present.
Immigration to the United States has many effects on the culture and politics of the United States.
Programmers Guild is the name of an attorney-founded group intended to protect legal hi-tech immigrants to the United States and help them in obtaining Green cards. The New York Times called them a trade group and, in 2016, a "tech worker organization." It also serves as a job search clearing house.
Key to H-1B abuse is the current "prevailing wage" standard, a mechanism designed to ensure that foreign professionals are paid at a level that doesn't undercut American wages. But as Malkin and Miano note in their book, employers themselves determine what the "prevailing wage" is and can essentially use any source in support of their federal applications. As a result, it's common practice for companies to satisfy the standard by simply submitting wage surveys to Labor Department adjudicators from incompatible regions in the country.
The IT services firms among the top 20 H-1B users accounted for a little more than 50% of the annual base visa cap of 65,000.[...]The two largest H-1B users are Indian-based, Infosys, with 6,298 visas, and Tata Consultancy Services (TCS), with 6,258. In third place is Cognizant, which is based in New Jersey, but runs large offshore centers. These firms have long dominated the top H-1B list spots.
The answer was simple: Many of the visas are given out through a lottery, and a small number of giant global outsourcing companies had flooded the system with applications, significantly increasing their chances of success. While he had one application in last year's lottery and lost, one of the outsourcing companies applied for at least 14,000.
A 2007 study by the Urban Institute concluded that America was producing plenty of students with majors in science, technology, engineering, and math (the "STEM" professions)—many more than necessary to fill entry-level jobs.
They told us they could replace one of us with three, four, or five Indian personnel and still save money," one laid-off Edison worker told me, recounting a group meeting with supervisors last year. "They said, 'We can get four Indian guys for cheaper than the price of you.' You could hear a pin drop in the room.
Instead, about 250 Disney employees were told in late October that they would be laid off. Many of their jobs were transferred to immigrants on temporary visas for highly skilled technical workers, who were brought in by an outsourcing firm based in India.
Those who claim there's a STEM skills shortage are ignoring the evidence.
Authors Michelle Malkin and John Miano talked about their book, Sold Out: How High-Tech Billionaires and Bipartisan Beltway Crapweasels are Screwing America's Best and Brightest Workers, and the current guest worker program.
Where this book really shines, however, is in its impressively detailed probe into the politics of immigration "reform." The authors document how expensive lobbying and strategic donations have brought politicians of both major parties and all ideological persuasions to support increased high-skill migration, despite its deleterious effects. They do this in my own favorite section of the book, chapter 12, "Exposed: How Beltway Crapweasels Cooked Up the Gang of Eight's 'Comprehensive Immigration Reform.'
conservative firebrand Michelle Malkin enters the hardcover nonfiction list at No. 1 with "Culture of Corruption"