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![Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers by [Michelle Malkin, John Miano]](https://m.media-amazon.com/images/I/51evwrK1IAL._SY346_.jpg)
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In Sold Out, Michelle Malkin and John Miano name names and expose the lies of those who pretend to champion the middle class, while aiding and abetting massive layoffs of highly skilled American workers in favor of cheap foreign labor. Malkin and Miano will explode some of the most commonly told myths spread in the media like these:
Lie #1: America is suffering from an apocalyptic “shortage” of science, technology, engineering, and math workers.
Lie #2: US companies cannot function without an unlimited injection of the “highly skilled” and “highly educated” foreign workers, who offer capital and energy that American workers can’t match.
Lie #3: America’s best and brightest talents are protected because employers are required to demonstrate that they’ve made every effort to hire American citizens before resorting to foreign labor.
For too long, open-borders tech billionaires and their political enablers have escaped tough public scrutiny of their means and motives. It’s time to trade the whitewash for solvent. American workers deserve better and the public deserves the unvarnished truth.
- LanguageEnglish
- PublisherMercury Ink
- Publication dateNovember 10, 2015
- File size10348 KB
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Editorial Reviews
About the Author
John Miano is a leading expert on the effect of foreign labor on technology workers. He has testified before Congress three times on H-1B issues. John has written opinion pieces for publications including USA TODAY and The New York Times.
Review
Praise for Culture of Corruption:
“Culture of Corruption, by my good friend and intrepid reporter Michelle Malkin, reveals all the sordid details the Obama Administration would rather you not know—the sleaze, corruption, and self-dealing of the Chicago Machine that lets no ‘crisis’ go to waste. A powerful and necessary indictment of what ‘hope and change’ really means."
-- Mark Levin
"Dogged, fiercely independent, and with a brilliant eye for the telling detail, Michelle Malkin has now turned her formidable skills to the bright new dawn of the Obama era, and the ever widening gulf between the hopey changey rhetoric and the murkier reality. Her riveting portrait of unsavory cronies parceling out the spoils of government is somewhat at odds with the impression you may have gained from the besotted Tiger Beat correspondents of the mainstream media. I will leave it to the reader to decide which view is more persuasive, but let’s just say that, if more journalists were like Michelle Malkin, American newspapers might still have a future.”
-- Mark Steyn, author of the New York Times bestseller America Alone --This text refers to an out of print or unavailable edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Introduction
“Walt Disney World information technology workers laid off”1
“Qualcomm lays off 4,500 workers while demanding more H-1Bs”2
“Intel to cut over 5,000 jobs”3
“Cisco execs try to put best face on 6,000 layoffs”4
“Cargill to outsource IT services; 900 jobs affected”5
“Microsoft won’t lay off H-1B before U.S. workers”6
“Bank of America planning to cut 16,000 jobs by year end”7
“Southern California Edison IT workers ‘beyond furious’ over H-1B replacements”8
“Harley-Davidson cuts IT staff; shifts some to Infosys”9
“[Northeast Utilities] cuts IT workforce; hires Indian outsourcers”10
“Did Pfizer force its staff to train their H-1B replacements?”11
“Best Buy hit with lawsuit over layoffs of IT workers”12
“Foreign workers fill hundreds of Sacramento-area IT jobs”13
“Outsourced at home: U.S. workers ‘pissed’ at H-1B visa program”14
From the “Happiest Place on Earth” at Walt Disney World in Florida to Silicon Valley and across the heartland, America’s skilled workers are getting screwed. Brutally, insidiously, and comprehensively screwed.
We’re going to show you who the worst perpetrators are, how and why they’re doing it, and what we must do to stop them.
The plight of Disney employees—and of tens of thousands like them nationwide—is a real-world nightmare that even Hollywood’s finest screenwriters couldn’t concoct. Disney managers summoned hundreds of their American information technology workers (called “cast members”) to mysterious meetings in October 2014. The data systems programmers and engineers had just completed an IT project; several proudly bore blue ID badges identifying them as Disney “Partners in Excellence.” One of these Disney professionals told us he had received a big pay raise before the meeting, along with the highest possible performance review.
But he and his colleagues didn’t walk into a fairy-tale celebration of their accomplishments. They walked into a professional death sentence—and their bosses handed them the shovels to dig their own graves. One by one, the Disney cast members heard their bosses read from the same grim script informing them that they would be laid off by January 30, 2015. The evil twist? Before getting the boot, they would be forced to participate in “Knowledge Transfer” sessions with their younger, cheaper, less-skilled replacements imported from India.
We reviewed two internal Disney documents informing workers about the elimination and outsourcing of their jobs to a “managed service provider.” Each American IT team member was offered a “stay bonus” of 10 percent of their base salary—but only “contingent upon your continued satisfactory performance of your job duties and responsibilities.” One memo warned that workers would lose their bonuses and be terminated before their “separation dates” if they violated “Company policy” or engaged in “misconduct” (e.g., failure to comply with nondisparagement and confidentiality clauses).
Another laid-off Disney IT worker at the Magic Kingdom reported: “Some of these folks were literally flown in the day before to take over the exact same job I was doing.” He had little choice but to train his successor from India “on site, in our country.”15
“If you do not cooperate,” supervisors warned, “you will not get a severance or retention bonus.”
Orlando’s WESH-TV first reported on the brutal layoffs and replacement training scheme in late January 2015.16 It took months for the mainstream media to follow up. The Orlando Sentinel produced a bland report that completely omitted the outsourcing angle,17 but thanks to veteran tech journalist Patrick Thibodeau at Computerworld,18 the Disney workers exposed to a national audience how they had been thrown under the bus at their worksite. As the layoff date neared, one worker told Thibodeau, “I really felt like a foreigner in that building.”19
While those employees struggled to complete their last, humiliating assignment and find new work, Disney CEO Bob Iger and his fellow cochairs of a corporate front group called the Partnership for a New American Economy lobbied in Washington, D.C., for increases in temporary worker visas—and baldly denied to Congress that they were sacking American workers in favor of cheap foreign labor.
Not until June 2015 did the New York Times finally deem the Disney nightmare newsworthy with a front-page article headlined “Pink Slips at Disney. But First, Training Foreign Replacements.”20 By then, the Disney workers had been cut loose by their bosses, who prevented any contractor that worked with the entertainment empire from hiring the fired workers for twelve months.21 In a face-saving move, Disney canceled plans for even more American tech worker layoffs in its New York City and Burbank offices.22 But it came too late for the cast-off cast members in Orlando. To put this all in perspective, the combined salaries of all the 320 “cast members” Disney replaced is much lower than the $46.5 million the company paid to CEO Iger in 2014.23
“There is no future in IT for Americans. So why continue?” one of the victims told us.
FOLLOW THE MONEY
Who in Washington will stand up for our nation’s best and brightest?
We know who stands with American tech companies and their offshore outsourcing partners in championing low-cost foreign workers:
President Barack Obama and the Senate’s so-called Gang of Eight—Sen. Michael Bennet (D-Colo.), Sen. Richard Durbin (D-Ill.), Sen. Jeff Flake (R-Ariz.), Sen. Lindsey Graham (R-S.C.), Sen. John McCain (R-Ariz.), Sen. Bob Menendez (D-N.J.), Sen. Marco Rubio (R-Fla.), and Sen. Chuck Schumer, (D-N.Y.)—side with the CEOs of Disney, Intel, Cisco, Facebook, Google, and Microsoft.
News Corp. founder Rupert Murdoch, GOP megadonor Sheldon Adelson, former New York mayor Michael Bloomberg, and liberal billionaire hedge fund mogul George Soros all support the Big Tech, open-borders agenda.
Revolving-door operatives on both the Left and Right, such as Virginia governor Terry McAuliffe (D), Hillary Clinton brother Tony Rodham, former Michigan senator Spencer Abraham (R), Grover Norquist of Americans for Tax Reform, and former Mississippi governor Haley Barbour (R), have made millions consulting for foreign governments, investors, and visa seekers.
The Republicrats and Demopublicans in D.C. pay lip service to improving the twenty-first-century American workforce. They’ve got fancy blueprints and buzzword-filled plans for helping the American middle class and encouraging American students to pursue college and advanced degrees in science, technology, engineering, and math (described by lobbyists and educrats using the buzzword “STEM”).24 They say they oppose tax breaks for offshoring and want to “Bring Jobs Home.”25 Yet untold thousands of skilled U.S. workers have been laid off, replaced, and forced to train their imported replacements—and most politicians embrace “solutions” that will only make things much, much worse.
As we’ll show you, many brave whistleblowers have risked their livelihoods and lives exposing corporate betrayals and lobbyist-driven subversions of law. Yet defenders of the temporary guest worker racket—who rush to lionize every successful immigrant entrepreneur to bolster their case for bottomless tech visa handouts—scoff at Americans forced to dig their own graves.
At the center of the storm is H-1B, the foreign tech worker visa program that turns twenty-five years old in November 2015. It was supposed to be a program for high-skilled guest workers to alleviate shortages in specialty fields. While H-1B boosters in the U.S. hype the program as the “genius visa”26 for “braniacs,”27 the former commerce secretary of India, Kamal Nath, revealed the truth. H-1B, he said, “has become the outsourcing visa.”28 As we show you in Sold Out:
• With very few exceptions, the purported shortages of American workers don’t exist.
• There is nothing special about the hundreds of thousands of H-1B visa holders flooding our workforce.
• Most H-1B workers are sponsored by companies that specialize in offshore outsourcing of U.S. jobs.
• Abuse of guest workers by both offshoring companies and their U.S. tech giant partners is rampant.
• Enforcement is a joke.
• The promises of U.S. worker protections were big fat whoppers.
“I was part of teams that trained our H-1B replacements at two different Fortune 500 firms,” one U.S. worker informed the pro–open-borders Wall Street Journal in April 2015.29 “Both times we were promised by management that we are training the H-1B workers so we could move on to the next big, high-priority, new technology project. What happened each time was the new project went to some other company and they laid us off. The third time this occurred, I realized the pattern and quit before the offshore team arrived.”30
“They told us they could replace one of us with three, four, or five Indian personnel and still save money,” a laid-off worker at Southern California Edison told the Los Angeles Times, recounting a group meeting with supervisors in 2014. “They said, ‘We can get four Indian guys for cheaper than the price of you.’ You could hear a pin drop in the room.”31
In March 2015, in the wake of the American tech worker layoffs at Disney and elsewhere, the Senate Judiciary Committee held a hearing on H-1B abuse. The Republicans invited H-1B opponents as witnesses and the Democrats invited two H-1B supporters and one opponent. In the face of the Disney and Southern California Edison fiascos, the Democratic senators (including those sponsoring bills for more H-1B visas) were smart enough to remain largely silent, but a handful of Republicans danced for industry lobbyists. Sen. Hatch gave a lecture in support of H-1B visas, while Republican Sens. Jeff Flake of Arizona and John Cornyn of Texas threw softball questions to the Democrats’ witnesses who supported H-1B.
They don’t call it “the stupid party” for nothing, folks.
In April 2015, ten U.S. senators signed a letter asking the U.S. Department of Justice, the Department of Homeland Security, and the Labor Department to investigate the use of the H-1B program “to replace large numbers of American workers” at Southern California Edison (SCE) and other employers.32 Two weeks later, the Labor Department refused to investigate because no “credible source” had complained and there was “no reasonable cause to believe the company violated the rules governing the visas.”33 Indeed, Congress itself bears the blame for facilitating the systematic replacement of American workers with temporary foreign guest workers. Immigration lawyers explicitly made it legal for employers to replace Americans with lower-paid H-1B workers in nearly all cases. The SCE workers are just the latest example of H-1B roadkill sanctioned by many of the lawmakers now complaining about it.34 In fact, two of the senators who signed the complaint—Sens. Richard Blumenthal (D-Conn.) and Claire McCaskill (D-Mo.)—are cosponsors of legislation to expand H-1B without any meaningful American worker protection reforms.35
A SHORTAGE OF JOBS, NOT WORKERS
If you believe the constant Chicken Little rhetoric of the immigration expansionists, America suffers from a catastrophic dearth of talented, educated graduates and workers in science and technology. But in July 2014, the U.S. Census Bureau reported that an astonishing “74 percent of those who have a bachelor’s degree in science, technology, engineering and math—commonly referred to as STEM—are not employed in STEM occupations.”36 That translates to roughly 11.4 million of 15 million Americans with STEM degrees who aren’t working in STEM fields.37
Predictably, the pro–open-borders editorial board of the Wall Street Journal, owned by unrepentant immigration expansionist Rupert Murdoch, attacked Sen. Sessions for citing this devastating figure. To refute the census data, the paper’s editors cited a contrary “study” by the “National Foundation for American Policy”—which, as we’ll show you, is the one-man advocacy research shop of D.C. swamp creature and libertarian ideologue Stuart Anderson. He does not have a statistics or economics background, but boasts a well-connected Capitol Hill pedigree—and in typical circular fashion, proudly flaunts his credentials of having “published articles in,” you guessed it, the Wall Street Journal.38
By contrast, three bona fide academics, Hal Salzman of Rutgers University, Daniel Kuehn of American University, and B. Lindsay Lowell of Georgetown University, determined that only one of every two U.S. college STEM graduates is hired into a STEM job each year. Most of the STEM graduates who don’t enter the STEM workforce cite lack of STEM-related jobs or better job opportunities in non-STEM fields.
At the end of 2014, a leading employment-consulting firm reported that “despite the overall strength of the tech sector, employers in the computer industry saw the heaviest downsizing of the year, announcing a total of 59,528 planned layoffs. That is 69 percent more than a year ago.”39 Many of the companies calling for legislation to let in more foreign workers—Hewlett-Packard, Cisco Systems, United Technologies, American Express, Procter & Gamble, T-Mobile, Archer Daniels Midland, Verizon, and General Mills—have laid off thousands of Americans in recent years.40 (See Appendix A for the demand letter to Congress signed by these and other U.S. companies seeking increases in foreign guest worker visas.)
Meanwhile, foreign guest workers account for one-third to one-half of all new IT hires.41 By January 2015, guest workers made up 21 percent of software developers in the U.S.42
Employment site Bright.com examined H-1B labor condition application forms filed by companies during one quarter of 2013, crunched the numbers from its database of roughly one million active résumés, and matched its available candidate pool with available jobs geographically. “We had expected to find many areas where there was an insufficient supply” of domestic workers, David Hardtke, Bright’s chief scientist, told Entrepreneur magazine.43 Instead, the analysis found 1.34 qualified domestic workers for every one position where a company had indicated an intent to hire a foreign worker through the H-1B program. The study found 4.08 American job candidates for every one electronics-engineering job listed as an H-1B position. Not only did the data “overall show a plentiful supply of job candidates,” but the analysis “also suggested the supply of American workers for these jobs will rise over time.”44
If firms were so desperate to find IT workers, as immigration expansionists insist, wages in the sector would rise. Yet, wages for new computer science graduates are expected to plunge 9 percent during the coming year.45 Professor Salzman observed that “average wages in the IT industry are the same as those that prevailed when Bill Clinton was president despite industry cries of a ‘shortage.’?”46
CONSPIRING AGAINST AMERICAN WORKERS
As stalwart Senate Immigration Subcommittee chairman Sen. Jeff Sessions (R-Ala.) notes, “The principal economic dilemma of our time is the very large number of people who either are not working at all, or not earning a wage great enough to be financially independent.”47 President Obama likes to blame automation, noting that some workers lost their jobs because of the advent of ATM machines and self-service kiosks at airports.48 But there’s a much more glaring and treacherous source of pain: government-engineered, corporate lobbyist–driven favoritism for cheap, immobile foreign workers over U.S. workers. The same politicians who preach about prosperity for all are stabbing talented, productive Americans in the back.
The U.S. Constitution does not say that the paramount duty of government is to “celebrate diversity” or to “embrace multiculturalism” or to give “every willing worker” in the world a job. It says our republic was established “to provide for the common defense, promote the general welfare, and secure the blessings of liberty.”
Providing for the common defense does not mean obliterating guest worker visa caps whenever corporate lobbyists hit the panic button. Promoting the general welfare does not mean providing unlimited employment opportunities for all 7 billion people on our planet. Securing the blessings of liberty does not mean guaranteeing the blessings of low-wage workers for Microsoft, Facebook, and Google.
The “system” is not “broken,” but America’s will to enforce its laws, control its borders, and punish immigration violators is dying on the vine.
While multinational corporations clamor for ever-expanding immigration policies, it’s worth pointing out that America remains generous—to a fault. We already grant one million legal permanent residencies (“green cards”) to people from around the world every year. The number of new legal permanent residents is expected to increase by 10 million by 2025. That’s more than the current combined population of Dallas, St. Louis, Denver, Boston, Chicago, Los Angeles, and Atlanta.49
The inflow of new green card holders is in addition to the upward of 30 million illegal aliens50 poised to gain full work authorization and citizenship rights under various congressional and White House amnesty plans, along with an estimated annual influx of 70,000 asylees, 500,000 foreign students, and nearly 700,000 total foreign guest workers (both skilled and unskilled, not to mention their spouses, many of whom are allowed to work here as well).51 More than 350,000 foreign high school and university students, researchers, physicians, and summer work travelers enter the country every year on J-1 exchange visitor visas.52 Up to 66,000 visas are available for nonagricultural temporary foreign workers. In 2014, the Department of Labor approved nearly 117,000 positions for seasonal agricultural workers.53 In addition, leaders in both parties and the White House support a fast-track trade agreement known as the Trans-Pacific Partnership (TPP), which reportedly includes expansions of temporary guest worker visas.54
The Departments of Homeland Security, State, and Labor have proved themselves serially incapable of handling the overload. By their own admission, their ability to monitor, collect, and analyze basic data about who gets in is completely overwhelmed. Decades’ worth of U.S. Government Accountability Office and inspector general reports document repeated failures to enforce visa requirements, wage and nondisplacement protections, and national security measures.
We take on the plight of high-skilled American workers and the visa programs that Big Business and Big Government cronies are abusing to line their pockets, undercut America’s best and brightest, and curry favor with wealthy foreign investors and special interests. After a quarter century, the H-1B program’s nominal worker protections have been completely eroded. Corporate lobbyists have infiltrated congressional backrooms to create circuitous paths around the laws and out of public view. Both U.S. companies and offshore outsourcing IT firms are exploiting alternative pipelines for cheap foreign workers.
In Part I of Sold Out, we completely dismantle the H-1B betrayal. It’s the Grandfather of All American Worker Sellouts. Citizens need to know the sordid history of political tricks, Beltway influence peddlers, and legislative corruption behind the program. We introduce you to Jennifer Wedel, a spunky Fort Worth, Texas, mom who spoke truth to the H-1B powers in Washington. We debunk the myths about H-1B workers—the so-called “best and brightest”—manufactured by advocacy researchers and spread by lazy or complicit journalists.
We’ll show you the rampant illegal schemes of “bodyshopping” and “benching,” which allow companies to create a cheap, as-needed foreign workforce on American soil while tens of thousands of high-skilled American workers are being laid off. We’ll shine light on how the disgraceful offshore outsourcing racket forces American workers to train their own foreign worker replacements.
We expose the fraud perpetrated by shady H-1B con artists and the abuse suffered not just by displaced American workers but also by exploited H-1B workers themselves. You’ll learn about systemic discrimination against older American tech workers. You’ll see how companies brazenly exclude Americans from applying for jobs specifically crafted for foreign H-1B visa holders.
In Part II, we’ll expose the rest of the Foreign Worker Visa Racket from A to Z. There are a dizzying number of ways for companies to game the immigration and entrance system. Trust us, you have no idea how bad it really is. We’ll detail how Indian software giant Infosys—the largest H-1B user—gamed the system to use B-1 temporary business traveler visas as entrance tickets for foreign workers as an end-run around H-1B caps. You’ll learn about the death threats and discrimination faced by American tech workers who told the truth and forced Infosys into a $34 million work-visa settlement—the largest of its kind.
We’ll take you on a tour of some of the most notorious F-1 student visa abusers—shady diploma mill operators who somehow won government approval from snoozing bureaucrats for their phony schools and bilked foreigners held hostage by the threat of deportation. We’ll expose the shocking details of how bipartisan political cronies benefit from the corrupt EB-5 citizenship-for-sale scheme, which is a bonanza for immigration lawyers and foreign malefactors, enabled by an overwhelmed homeland security bureaucracy. And we’ll walk you through the myriad ways that both U.S. and Indian companies are exploiting loopholes in the loosely regulated and little-scrutinized L-1 visa program to import foreign “business” transferees who are displacing Americans.
Executive branch abuse of the immigration system is not new. But radical transformer-in-chief President Obama has taken it to a new level. Under the Constitution, Congress defines the classes of aliens eligible to work in the United States, and the executive branch has the broad authority to determine the individual aliens within those classes who are authorized to work. Obama’s Department of Homeland Security flipped this around and usurped the authority to allow any alien—legally or illegally in the country—to work unless Congress explicitly prohibits it.55 The Obama administration first encroached upon congressional authority over immigration with the so-called Deferred Action for Childhood Arrivals (DACA) program, which allowed illegal alien children to remain in the United States. Next, he created the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, which granted illegal alien parents with children born in the United States the right to remain in the United States and work. Using the same twisted legal logic, in 2015 Obama started allowing certain spouses of H-1B workers (H-4 visa holders) to work in the United States.
If you thought these brazen illegal alien amnesties through executive order were bad, you ain’t seen nothing yet.
We’ll demonstrate how 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. It may well be America’s largest guest-worker program, yet it has never been authorized by Congress. This backdoor H-1B visa increase allows foreign students to work with little monitoring, no wage protections, no payment of Social Security payroll taxes, and no requirement for employers to demonstrate labor market shortages. We’ll show you how Microsoft lobbied the Bush White House for the program on the cocktail party circuit.
In Part III, we’ll expose the legislative trickery and legal complexities that have enabled special interests to hijack the deliberative process and hoodwink the American public about the corporate sponsors’ true intentions. We take you deep into the Beltway sewer and lead you through the bipartisan money trail that paved the way for sweeping immigration legislation and visa program expansions, which boosted Big Business and Silicon Valley’s bottom lines—not to mention the campaign coffers of Capitol Hill water-carriers. We’ll show you which cunning corporations are really benefiting and how shoddy (or completely nonexistent) the ostensible legislative protections for American workers really are. Like junkies desperate for their next heroin fix, high-tech billionaires and CEOs can’t stop pestering D.C. dealers for new injections of cheap foreign workers supplied by H-1B visas.
We’ll dive into the Trojan Horse of “comprehensive immigration reform,” a vast legislative and propaganda vehicle that worsens and compounds the foreign guest worker programs’ flaws and frauds, instead of fixing them. You’ll learn how the Senate’s so-called Gang of Eight served the needs and demands of immigration lawyers and corporations by gutting already-feeble protections against displacement of U.S. workers and depression of wages. And we’ll show you all the Christmas-tree goodies stuffed into the bill to pay off the Senate’s sellouts.
OUR SPECIAL INTEREST: YOU
Thirteen years ago, I wrote my first book, Invasion: How America Still Welcomes Terrorists, Criminals, and Other Foreign Menaces to Our Shores. It exposed all the ways in which Big Government and Big Business profited from open borders, while paving the way for the 9/11 Islamic jihadists. Their deadly recipe for threatening national security: lax enforcement of immigration laws, a deportation abyss designed to fail, repeated federal amnesties for illegal border-crossers, and institutional neglect of illegal visa overstayers.
Now the same political and corporate forces that support massive illegal immigration are pouring even more fuel on the fire. They’re threatening our economic security. They’re sabotaging the job prospects of our children and grandchildren. High-tech companies, university lobbyists, and powerful leaders in both parties have ramped up their plans to import unlimited numbers of legal foreign workers into our country through an alphabet soup of cheap labor visa programs.
My coauthor, John Miano, is a leading expert on the devastating effects of foreign labor on American technology workers. He has testified before Congress multiple times and his work on this issue has been printed and quoted widely in publications ranging from USA Today to Computerworld and Information Week. After receiving a BA in mathematics from the College of Wooster, John worked as a computer programmer for eighteen years. He founded the Programmers Guild, a professional organization for U.S. computer programmers, in 1998. But after suffering firsthand the adverse and absurd effects of the H-1B foreign guest worker program, he left his programming career to fight for American workers and graduated from Seton Hall Law School in 2005.
Now John represents a diverse clientele of employees on the front lines who have been adversely affected by foreign guest worker programs. His ground-breaking federal lawsuit on behalf of WashTech (a labor union of professional tech workers) against President Bush’s regulatory expansion of the OPT program is, as National Review’s John Sullivan called it, “the first step of a long battle. The Obama administration, the U.S. Chamber of Commerce, and the corporate wing of the GOP are likely to fight it all the way to the Supreme Court if need be.”56 In April 2015, John and the Immigration Reform Law Institute filed another federal lawsuit in D.C., challenging President Obama’s arbitrary and capricious regulatory expansion of work authorizations for H-1B workers’ spouses (classified as H-4 visa holders). The plaintiff, Save Jobs USA, is a group of former Southern California Edison employees who were forced to train their foreign guest worker replacements before being laid off. As their complaint warns: “Corporate America is already seizing upon the opportunity created by DHS for more cheap labor. . . . Even before going into effect, the H-4 Rule has already created a market demand for aliens who possess an H-4 visa [and] these H-4 aliens are already directly competing with Save Jobs USA members.”57
Though we come from very different backgrounds, John and I share a passion for seeking and sharing the truth about the Big Government/Big Business alliances harming our country. Our shared special interest is the American worker, whose voice has been drowned out by the cheap labor lobby. This book is an indictment not only of bipartisan political corruption in Washington, but also of the advocacy research misconduct and journalistic malpractice that has provided cover for the sellouts.
It’s time to trade the whitewash for solvent. American workers deserve better and the American public deserves the unvarnished truth.
Michelle Malkin
September 2015 --This text refers to an out of print or unavailable edition of this title.
From the Author
John Miano is a leading expert on the effect of foreign labor on technology workers. He has testified before Congress three times on H-1B issues. John has written opinion pieces for publications including USA TODAY and The New York Times. --This text refers to an alternate kindle_edition edition.
Product details
- ASIN : B00VBW3SYQ
- Publisher : Mercury Ink; Reprint edition (November 10, 2015)
- Publication date : November 10, 2015
- Language : English
- File size : 10348 KB
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About the author

Michelle Malkin is a mother, wife, blogger, conservative syndicated columnist, longtime cable TV news commentator, and best-selling author of seven books. She is host of "Sovereign Nation" on Newsmax TV. She started her newspaper journalism career at the Los Angeles Daily News in 1992, moved to the Seattle Times in 1995, and has been penning nationally syndicated newspaper columns for Creators Syndicate since 1999. She is founder of conservative Internet start-ups Hot Air and Twitchy.com. Malkin has received numerous awards for her investigative journalism, including the Council on Governmental Ethics Laws (COGEL) national award for outstanding service for the cause of governmental ethics and leadership (1998), the Reed Irvine Accuracy in Media Award for Investigative Journalism (2006), the Heritage Foundation and Franklin Center for Government & Public Integrity's Breitbart Award for Excellence in Journalism (2013), the Center for Immigration Studies' Eugene Katz Award for Excellence in the Coverage of Immigration Award (2016), and the Manhattan Film Festival's Film Heals Award (2018). Married for 26 years and the mother of two children, she lives with her family in Colorado. Follow her at michellemalkin.com.
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Following this bloodletting Disney CEO Bob Iger lobbied in Washington for more H-1B visas, telling Congress that Disney was not replacing permanent employees with holders of H-1B visas.
After discussing Disney, Sold Out describes Jennifer Wedel who asked President Obama, “Hi, Mr. President. My husband has an engineering degree with over ten years of experience, and he was laid off three year and has yet to find a permanent job in his field. My question to you is why does the government continue to issue and extend H-1B visas when there are tons of Americans just like my husband with no job?”
President Obama danced away from that question, mouthing inanities about “a huge demand around the country for engineers.”
The H-1B visa program was begun in 1990 to alleviate a presumed shortage of IT workers. That shortage does not exist. If it did, Disney would not have needed to fire hundreds of permanent IT workers. Mr. Wedel would have easily found another engineering job. Keep in mind that the vast majority of those people were performing well at their jobs.
Sold Out informs us that in July 2014 the US Census Bureau reported “74 percent of those who have a bachelor’s degree in science, technology, engineering, and mathematics (STEM) are not employed in STEM occupations.”
In a letter that appeared in The Wall Street Journal, May 1, 2015 Sen. Jeff Sessions (R.,Ala.) Chairman of the Senate Subcommittee on Immigration and the National Interest wrote, “About 35 percent of science students, 55 percent of technology students, 20 percent of engineering students and 30 percent of math students who recently graduated are now working in jobs that don’t require any four-year college degree. As further proof of no shortage, wages in the profitable IT industry have been largely flat for more than a decade.”
An IT graduate who does not get an IT position within a year of graduation will almost certainly not get one. IT employers want IT employees with the latest skills. They suspect that IT graduates who have been away from the field have forgotten some of what they have learned. They also suspect that if they were worth anything they would have been hired by someone else.
Even IT graduates who do get jobs become less marketable after they become forty years old. They are more likely to be laid off. They are less likely to find another IT job. If they get one they will almost certainly be paid less than they were in their previous job. Michelle Malkin and John Miano write, “At a tech conference in 2007 in which he advised companies not to hire workers over thirty, baby-faced Facebook CEO Mark Zuckerbery infamously bragged: ‘Young people are just smarter’.”
That is sufficient proof that the presumed shortage of American IT workers, that is used to justify the H-1B visa program, does not exist. When there is a shortage of people with certain skills, those people are not treated this way.
Bill Gates and the Heritage Foundation have claimed that each H-1B visa creates five jobs for American citizens.
Michelle Malkin and John Miano respond, “Anyone can write a study. For a study to have any value, its results must be reproducible. A reader should be able to understand what the author did and other researchers should be able to get the same results…
“Between 2001 and 2013, the average yearly job growth in the US has been 540,000. The average new number of H-1B visas has been 118,000 a year…If each H-1B visa creates five additional jobs, it would H-1B visas are responsible for more than 100 percent of job creation in the US economy – 590,000 jobs a year.”
Sold Out is a better book than it might have been. Michelle Malkin is a Republican commentator. She could have absolved the Republican Party and the corporate establishment of responsibility for the scandal of H-1B visas, and only blamed them on Democratic politicians and “big government.”
Michelle Malkin has too much integrity to do this. She writes, “the administrations of both George W. Bush and Barack Obama sneakily expanded the foreign worker supply by administrative fiat.” She blames “the Big Government/Big Business alliances” for “harming our country.”
This is well to keep in mind. Because the United States has become politically polarized many Americans think in terms of Our Team vs. Their Team, and to think that everyone on Our Team has our best interests at heart.
Michelle Malkin points out that this is not always true. Of the primary candidates for the 2016 presidential election the only two who are not committed to increasing the number of H-1B visas are Donald Trump and Bernie Sanders.
Even they do not have clean records on the issue. Donald Trump’s companies have imported over one thousand guest workers, including 250 foreign models on H-1B visas. Donald Trump has said, “I want talented people to come into this country – to work hard and to become citizens. Silicon Valley needs engineers, etc.”
Bernie Sanders has spoken out against H-1B abuses. He protested against a bill that would greatly increase the number of H-1B visas. Then he voted in favor of it anyway.
This is typical for politicians on both sides of the isle. They loudly complain about the decline in middle class jobs and incomes. Then they quietly advance a policy that contributes to these declines.
Michelle Malkin and John Miano do not condemn foreigners who get H-1B visas. They are making the best use of the bad hand life dealt them when they were born in poor countries. Michelle Malkin and John Miano condemn the IT executives and politicians who exploit the poverty of H-1B visa holders by contributing to that of American citizens. Those who get H-1B visas are usually poorly paid and are often badly treated. If they complain about their employers they can be sent back to their countries.
One can understand why Republican politicians like the H-1B visa program. By enabling corporate executives to reduce IT salaries, H-1B visas raise profits for IT firms. Moreover, while immigrants usually vote Democrat, H-1B visa holders cannot vote.
Democrats like to think about the Statue of Liberty, “huddled masses yearning to breathe free,” and all that. Nevertheless, the main reason for Democrat treachery is that IT executives make generous contributions to politicians of both parties if they vote for more H-1B visas.
Sold Out could have been a better book than it is. The book emphasizes how H-1B visas harm “America’s best and brightest workers.” Many Americans may think IT workers are too bright by half, and overpaid. The authors of this book should have explained how those in other professions and in skilled trades are also threatened by the ability of employers to import lower paid temp workers from low wage countries to take their jobs.
Moreover, by emphasizing how Democrat and Republican politicians are promoting H-1B visas Michelle Malkin and John Miano’s book may induce political cynicism. A person who is threatened by the H-1B visa program may conclude that politics is incurably corrupt, and stop voting.
Retreating from politics will not put an end to H-1B visas. The program will expand until it becomes a salient issue for most Americans, and unpopular. Politicians need to be asked about their stand on this.
Michelle Malkin and John Miano do give Sen. Jeff Sessions the praise he deserves. They should have given him more attention, and devoted more notice to other politicians who have the integrity to oppose H-1B visas, even at the price of not getting contributions from IT corporations.
Finally, the book is repetitious and longer than it needs to be. The authors add detail after detail of American employees whose lives have been damaged by H-1B visas and politicians who have contributed to the damage. They also spend too much time describing programs that are similar to the H-1B visa program.
Michelle Malkin and John Miano should have restricted themselves to several of the more lurid stories of corporate and political malfeasance. The book should have had more statistics and quotes from credible sources to demonstrate that there is no shortage of American STEM workers, only a shortage of STEM employers who will train those with good backgrounds into their specific technologies. The big picture of this scandal is easy to see and understand: H-1B visas and similar programs benefit IT employers; they jeopardize the economic interests of American citizens with STEM education and experience; there is no shortage of those American citizens.
What about the rest of the US population? Don’t Americans benefit from less expensive advances in technology? I am not typing these words using a typewriter, but a personal computer, using technology designed at least in part by foreigners with H-1B visas.
That is a morally complex issue that merits more thought and discussion than it is usually given. Computer technology makes possible the automation and off shoring that has contributed to stagnant and declining incomes for most Americans.
In my first job as a computer programmer, I coded two COBOL programs that enabled my company to fire four clerical workers. I was disturbed to learn the result of my work. My boss was pleased. I could not have saved their jobs. If I had refused to code those programs, my boss would have fired me, replaced me in two weeks, and coded the programs himself.
Let me end with a poem inspired by Martin Niemoller:
First they fired the factory workers. I was not a factory worker, so I did not protest.
Then they fired the clerical workers. I was not a clerical worker, so I did not protest.
When they fired the IT workers, there was no one left to protest. .
The level of detail and references in which the authors Michelle Malkin and John Miano, a programmer and who became an attorney, delve into and describe about the US Government's fraud ridden guest visa system and its adverse effects on US IT Citizens is amazing and shocking in its scope. The number of citations illustrates that the authors have done their homework. This is not a book that makes assertions without any supporting evidence. “Sold Out” describes how Corporate American and Congress that sells out American STEM and IT workers, and the book’s narrative truths are more shocking than I previously thought possible.
As an American IT professional with almost 20 years industry experience I have seen first hand the negative impacts these visa loopholes have had on US IT workers and quite frankly have witnessed the poor quality in software products as a result.
A colleague and I have established a FaceBook Community page “Save American Information Technology Jobs” as a means of providing the American public with relevant news and first hand accounts of how the US Guest Visa system has allowed employers the opportunity to provide preferential treatment to foreign nationals while victimizing US Citizens. “Sold Out” places a huge spotlight on the US Visa guest worker system, calls out the corporate perpetrators by name and provides irrefutable evidence that the American public has been lead to believe a blatant LIE. THE TRUTH is that there is absolutely no shortage of "highly-skilled" US nationals in the job market. The H-1B visa system was instituted and implemented by corporate Crapweasels to obtain cheap labor in order to enrich themselves, this is the 1% turning the screw on the 99%, plain and simple. The American main stream media has been blinded by US corporate propaganda techniques - leading the American public largely ignorant. “Sold Out” is leading the charge to educate the media and this the American public. That is why this book is so important. Once informed of the facts, public outrage is the result.
“Sold Out” is a must read book for IT professionals , families and friends of IT professionals, students studying Science, Technology, Engineering, and Math (STEM) occupations, and parents of students studying STEM professions. The various corporate lobbyists and congress and the executive branch of the US Government has stacked the deck against its own citizens - those best and brightest IT engineers are forced into unemployment under the terms of training their own replacements - foreign guest workers from half way around the globe. A form of humiliation that is unacceptable and cruel to any one, in any profession, anywhere in this county; indeed any where in the world. I cannot think of any other country in the world that treats its own citizens in such a horrible fashion, a fashion of cruelty that the Disney Corporation as so well crafted.
John Miano and Michelle Malkin have performed a public service. Every US Citizen in IT, every college student studying STEM, and every parent paying for their children’s education should give read this book. “Sold Out” brings home this horrific victimization to the national conversation. H-1B Visa reform is long overdue, and this book hopefully will serve as a platform for reform as the election cycle approaches, now is the time for change, American Information Technology is at a critical juncture. Are we as a nation going to turn over our technology to a group and foreign and inexpensive unqualified guest workers? Or are we going to continue to innovate and create the best world class technological systems? Are we going to stand up for American Information Technology Workers - a critical portion of middle class? Tech IT systems run our economy, it is the central nervous system for our institutions and corporate America and congress is currently destroying our STEM workers and the technological innovation of this county. Our US IT and STEM workers need jobs and our economy requires a stable and growing middle class that is not going to be “Sold Out”.
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Barry Ceminchuk