India Unhappy With Changes to US H1B Visa Program

[Riaz Haq]

India has recently complained to the World Trade Organization against the United States over changes to visas for skilled workers that Republican presidential candidates have targeted for elimination, according to a report in the UK's Financial Times.

The WTO revealed that India had requested consultations with the US over moves by Washington to raise fees for L1 and H1B working visas and also restrictions on the number of those visas awarded. The move is the first step in initiating a dispute at the WTO.

India's WTO complaint:

India's WTO complaint is over an increase in fees on H1B visas that the US imposed on companies with workforces comprised of more than 50 percent foreign workers. A provision included in last year's federal spending bill added a new $4,000 fee for each H1B, which India argues is discriminatory to the country under its trade agreement with the US.

Meanwhile, the annual gold rush in Silicon Valley to file applications for H1B visas has just begun, as the federal government began distributing some of the 85,000 H1B visas it is authorized to issue this fiscal  year, according to Vice News.

Indian Body Shops Infosys, TCS and Wipro Topped H1B Sponsor List in 2013

Why the Complaint?

Why is India complaining? There are two main reasons:

1. India's overall exports have suffered 18th consecutive monthly decline in February 2016, according to India's Economic Times. Exports from India amounted to US$264 billion in 2015,  down -12.4% since 2011 and down -16.9% from 2014 to 2015.

2. Most of India's IT exports to the United States are made up of wages of H1B workers brought to the United States by a handful of Indian body shops like Tata Consulting Services (TCS) and Infosys.  In 2014, 86% of the H1B visas for tech workers were granted to Indians, according to available data. Given India's heavy reliance on H1B workers for its IT exports earnings, it is natural that the Indian government gets very concerned whenever there's even a hint of the US possibly limiting H1B visas or making them more expensive.

Excluding the Indian H1B workers' pay,  such exports drop to about one-twentieth of the the amount reported by the Indian government as IT exports, according to a 2005 study by US General Accounting Office (GAO).

Cumulative Stock of H1B From 2007-2012: 775,957. Source: DICE

Indian Body Shops:

The Indian body shops like Cognizant, TCS and Infosys that rely on the H1B visa program in the US are "the shining star" of the Indian economy, and the country's largest export, according to an Indian-American professor Ron Hira who is a strong critic of the abuses of H1B program. By complaining, the Indian government and firms that rely on the program are trying to "build up a firewall so that no other reforms can come through and constrain the program in any way."

Indian Code Coolies:

H1B workers brought in by Indian body shops are described variously as "code coolies" or "H1B slaves". Some call them "indentured servants", like the ones from India who replaced slave labor after the British empire abolished slavery.

“’Indentured servants’ is a pretty accurate term because in many cases that’s exactly what’s going on,” said Phillip Griego of San Jose’s Phillip J. Griego and Associates. Over the years, Griego and his law partner, Robert Nuddleman have represented several H-1B workers in lawsuits against body shops.

Summary:

India has complained to the World Trade Organization about changes to the US H1B that mainly benefit India's body shops like Cognizant, Infosys and Tata at the expense of both US and Indian workers. US workers lose their jobs while Indian workers are exploited as wage slaves. India uses the wages of Indian H1B workers to inflate its IT export earning by as much as 20X. Proposed changes  to H1B visa program like higher fees and lower numbers threaten India's export earning which have declined for 18 months in a row.  The ongoing election debate over whether the H1B program is hurting American workers rose to public consciousness amid the Republican primary debates this year. The election outcome has the potential to negatively impact Indian H1B exports earnings.

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Biotech and Genomics in Pakistan

[Riaz Haq]

#Tata Boardroom Battle: 3 Tata execs quit adding to uncertainty at #India's congolmerate http://reut.rs/2dX8Kls via @Reuters

Three senior group executives at India's Tata Sons have resigned, people close to the matter told Reuters on Saturday, as management woes appeared to deepen at the $100 billion conglomerate following the stunning ouster of its chairman.

The three executives were members of an executive council disbanded after Tata dismissed chairman Cyrus Mistry on Monday. The council, comprising five senior Tata group executives and Mistry, was tasked with creating long-term value for stakeholders and boosting returns on investment.

Those who quit are group human resources chief N.S. Rajan; group business development and public affairs head Madhu Kannan; and group strategy executive Nirmalya Kumar.

Reuters could not reach any of the three for comment. Tata did not respond to an e-mail request for comment on Saturday.

Reuters reported earlier this week that the other two council executives, Mukund Rajan and Harish Bhat, would take on senior level responsibilities within the Tata group.

One person close to Tata said there was no certainty all the positions would be re-filled as the group's structure is likely to change with Mistry's exit. Another person, however, said replacements could be named as early as next week, though there was no management crisis as each Tata company has its own team of public affairs and business development executives.

But some governance experts say the resignations of senior executives risk increasing the sense of uncertainty at Tata.

"In the short term, obviously there'll be some disruption at the group level" said Shriram Subramanian of InGovern, a shareholder advocacy group. "People leaving at senior levels shows there's a lack of confidence between the two sides, and that needs to be reinstated at the earliest to contain any longer-term damage."

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In a leaked letter to the Tata board, Mistry has said he was opposed to Tata's aviation partnerships with Malaysia's AirAsia Bhd and Singapore Airlines.

In the case of Air Asia, a forensic investigation had found "fraudulent transactions" of 220 million rupees ($3.29 million) involving "non-existent parties", he alleged.

That prepared the ground for a "probe into the allegation of mismanagement of funds," said an official at the national Enforcement Directorate, on condition of anonymity.

The agency was not immediately available to comment. Tata did not respond to Reuters questions on this matter. An AirAsia India spokeswoman said she had no immediate comment.

India's capital markets regulator is already looking into Mistry's allegations related to violations of corporate governance rules at Tata.

[Riaz Haq]

Donald #Trump’s H-1B visa stand may hit #Indian tech companies. #Modi #BJP http://toi.in/bUXzJb via @timesofindia In an apparent reference to the current hot-button case against Disney World, Trump told an Iowa rally, "We will fight to protect every last American life. During the campaign, I also spent time with American workers who were laid off and forced to train. Foreign workers were brought in to replace them. We won't let this happen any more." Among his first actions after winning, Trump played a proactive role to keep air conditioning company Carrier from relocating to Mexico.

India has come in for special mention not merely by Trump but by successive presidential candidates over the past decade, with the word "bangalored" becoming an acceptable verb. The 1990 H-1B visa programme allows US employers to import up to 65,000 foreign workers with "highly specialised knowledge". However, US studies have said the top users of the H-1B visa were outsourcing companies, mainly from India.

Trump can reduce the cap on H-1B visas or raise the fees or auction them. He could also order that H-1B workers have to be paid higher wages which would make Americans more competitive.

[Riaz Haq]

Software engineers' salaries 

Source: Glassdoor

https://www.glassdoor.com.au/Salaries/index.htm

Pakistan  Avg Rs 500,0000  ( US$4,770)   Min Rs 240 K  ($2,290)  Max $1.08 million ($10,302)

India Avg Rs. 450,000 ($6,875)  Min Rs 327,000 ($4,125) Max Rs. 519,000 ($7,930)

China  Avg RMB 150,000 ($21,760)  Min  80,000 ($11,605) Max  246,000 ($35,687)

USA $95,105 Min $67,000 Max $132,000

UK British Pounds 37,469  ($46,786)  Min 26,000 ($32,465) Max 61,000 ($76,168)

Canada C$72,000 ($53,853)  Min C$51,000 ($38,146) Max C$95,000 ($71,057) 

Germany Euro 54,000 ($58,144) Min 42,000 ($45,223)  Max 70,000 ($75,372)

France  Euro 42,000 ($45,223)  Min 34,000 ($36,610)  Max 55,000 ($59,221) 

Australia A$83,968  ($63,963)  Min 62,000 ($47,229)  Max 116,000  ($88,384)

Israel Shekel 240,000  ($65,717)   Min 126,000 ($34,501)  Max  319,000 ($87,350) 

[Riaz Haq]

#H1B visas: #India talks tough, signals it may hit back over #US curbs. #Trump

http://www.livemint.com/Politics/4ItpsVUuXrtimX2wLZXlnL/H1B-visa-cu...


India has signalled it could respond against the US move to restrict H-1B visas by capping the royalty payout by American companies in India to their parent firms.

Not only does the veiled threat signal a toughening of India’s stance, the move, if implemented, risks escalating into a full-blown trade war that could harm the otherwise warm relationship between the two countries.

“It is not just that Indian companies are in the US, several big US companies are in India too,” trade minister Nirmala Sitharaman told reporters on the sidelines of an event in New Delhi. “They are earning their margins, they are earning their profits, which go to the US economy. It is a situation which is not where only the Indian companies have to face the US executive order. There are many US companies in India which are doing business for some years now. If this debate has to be expanded, it has to be expanded to include all these aspects. We shall ensure that all these factors are kept in mind.”

The trade minister, however, declined to be drawn into a confrontational stance, saying India still preferred a constructive dialogue.

Sitharaman’s remarks came two days after US President Donald Trump ordered a review of the H-1B visa regime for bringing skilled foreign workers into the US, a move that could undermine technology and outsourcing firms.

When asked whether there is a case for India to drag countries such as the US, Australia and New Zealand to the World Trade Organization (WTO) for raising barriers to the free movement of professionals, Sitharaman said: “At this stage I can only say that we will ensure that we engage with them constructively. At the same time, I have no hesitation (in) saying that India will ensure that it shall not accept unfair treatment.”

At the event, Sitharaman said countries like the US had provided a commitment to the WTO on the number of work visas they would provide, and India can question them if they didn’t live up to the commitment.

[Riaz Haq]

Indian IT industry’s past sins threaten its future
The inability of India’s IT services exporters, like TCS, Infosys and Wipro among others, to upscale their skills and their wares has led up to the current crisis

http://www.livemint.com/Opinion/iidSwdvmOyJNlkLS0gbA3L/Indian-IT-in...

India’s beleaguered $150 billion IT services industry is facing an existential crisis following its discovery that US president Donald Trump did mean to go through with his pre-election threats to review a critical tool of its trade, H1B visas. This comes on top of the erosion of its competitive edge by automation and robotics. Already, the layoffs have started as projects get trimmed and margins take a hit.

Predictably, India’s software services exporters are in a state of paralysis in the face of these threats. Lacking a well-honed, long-term strategy to cope with the political and economic forces aligned against it, the industry has responded timidly—petitioning and invoking contributions to the US economy and producing numbers to state its case. This hasn’t cut much ice with the Trump administration, which has gone through with an executive order even while promising more draconian measures to protect American jobs. Contrast that with his kids-glove treatment of China. All his threats of naming the country as a currency manipulator before the elections seem to have been silenced once the reality of possible Chinese retaliation hit home.

The Indian software services industry is a custodian not merely of its own fortunes but that of the future of an entire nation. Even as industry leaders Tata Consultancy Services Ltd, Infosys Ltd and Wipro Ltd examine the impact of these recent setbacks on their bottom lines, concluding mostly that it will be marginal, there is a far bigger issue at stake. India’s success in software services exports has given it a unique competitive strength. In an increasingly digital world, India has the manpower and the head-start needed to build the kind of global position that, for instance, Germany has in engineering or before that Britain built with its naval fleet.

But as management guru Michael Porter warned, the competitive advantage of nations isn’t an inheritance on which a country has a perpetual lien. It is something a country needs to keep working on through innovation. In his original piece in 1990 for the Harvard Business Review, The Competitive Advantage of Nations, Porter wrote: “Ultimately, the only way to sustain a competitive advantage is to upgrade it—to move to more sophisticated types.”

By sitting back and continuing to rely on its cost-based arbitrage model for over two decades, the software industry has placed in jeopardy not merely its own fortunes but that of India too. Those who think that Trump’s executive order notwithstanding, it will be business as usual in the hallways of business processing offices in Bengaluru and Gurugram, might want to take a look at the recent and not-so-recent past.


The fate of India’s auto components industry, once touted as a potential world beater, is a good reminder. Despite its promising beginnings, India’s share in global exports has remained stuck below 1% over the last decade, as component makers failed to scale up and deal with the realities of a changing market. As a consequence, the value of auto component exports increased from $5.1 billion in FY09 to $10.8 billion in FY16 (according to data from the India Brand Equity Foundation), way below the sector’s Vision 2015 target of $33 billion set by the Auto Component Manufacturers’ Association back in 2003-04.

[Riaz Haq]

#India's #IT giants are laying off employees. And the worst is yet to come. #H1B #Wipro #Infosys #TCS http://www.dailyo.in/politics/it-sector-unemployment-layoffs-cogniz... … via @dailyo_

The $150-billion Indian IT sector has not just been an important contributor to the country's GDP and global exports, but has also been at the vanguard of white-collar job creation in an otherwise jobless growth of the past two decades.

For years, campuses across India have relied on the mass hiring by the likes of Infosys, Tech Mahindra, Cognizant, etc as the placement hub for India's large crop of engineers. But, of late, the sun has stopped shining on the sector. Major recruiters like Wipro, Infosys, Cognizant have been seen significant reduction in their workforce. The bad news though is that the worst is yet to come.

For various reasons, we may see massive layoffs in the IT sector. Here's why:

1. The rise of automation

Over the past few years, automation has gathered pace and, in the coming time, it promises to replace many jobs, especially of repetitive and mundane nature.

The competitive advantage in favour of automation has been increasing with technological advancement reducing cost, improving performance and wider applicability becoming possible. The Indian IT sector faces a serious challenge from automation as the nature of most jobs here is "mundane". Besides, human discretion and intelligence are low enough to be easily replaced by automation.

2. 'Freeze' on hiring Indians abroad

India's abundant labour force had made it less expensive to hire Indian expats for projects abroad. But the tide has turned against this trend with US proposing to raise the minimum income requirement for H1B visa to $130,000 from existing $60,000. Australia, Singapore and many other popular lucrative markets too have introduced procedural changes making life difficult for Indians. Getting a work visa has been made both time-consuming and costly.

This will affect one of the most lucrative opportunities that our IT workforce enjoyed, and make it more difficult to employ middle-level employees whose higher salary expectations are difficult to fulfil within India in an industry, where mass hiring at the bottom (to keep the cost low) is the norm.

3. Rises of protectionist politics in US, Europe

The rise of protectionist politics in advanced economies has increased the pressure on companies there to outsource contracts to local companies, instead of firms in India. This is making growth prospect more difficult for Indian IT companies.

The proposed reduction in corporation taxation in the US as well as France will also further incentivise more of the IT big shots to shift back some, if not a major portion, operation back to the US. All this again doesn't bode well for jobs in the Indian IT sector.

4. Corporate governance and Indian IT brands

Indian IT's fabled rise was built on the foundation of outstanding corporates who won the trust and respect of their stakeholders at home and abroad through admirable corporate governance.

But even as the industry needs the goodwill in these difficult times, the Indian IT bellwether have had a rather tough time negotiating corporate governance troubles.

While TCS has seen Tata Sons being mired in a dirty and ugly boardroom struggle, Infosys, after years of being led by unsatisfactory successors to its founders, found a decent performer in Vishal Sikka. But the respite seems short-lived as the current leadership has been engaged in a power-cum-perception struggle against Infosys old guard, notably Narayana Murthy, who has levelled and repeated some serious charges against the present leadership.


5. Sluggish global economy and low demand

As such, the big ticket projects are far fewer in number now with the global economy slowing compared to the initial decade of the millennium when Indian IT sector came of age.

[Riaz Haq]

Indian recruiters see surge in job seeking among tech workers

US visa ban and automation cuts demand in one-time booming employment sector

https://www.ft.com/content/f1035a74-41df-11e7-9d56-25f963e998b2


Indian recruitment companies are seeing a surge in job applications from laid-off IT services workers, as the sector rapidly automates.

The Indian IT sector employs more than 3 million, according to industry body Nasscom.

IT companies such as Infosys and Wipro grew rapidly over the past three decades by hiring huge numbers of Indian software engineers to perform software installation and maintenance work for global companies, at relatively low cost.


But recruiters say the companies now appear to be cutting staff at an increasing rate, as they focus their businesses on fast-growing, cutting-edge fields such as data analytics and connected devices, which require smaller numbers of more highly-skilled staff.

Cloud computing lets groups tap into generic platforms, easily creating company software without the need for outside consultants.

“Lay-offs happen every year, but this is different,” said Alka Dhingra, assistant general manager at Teamlease, a large Indian recruitment company. Its applications in recent months from jobhunters in IT services were at least 50 per cent higher than in recent years, she said.

A further shadow over domestic job creation has been cast by the prospect of tighter immigration rules in the US, by far the industry’s biggest market, aimed at pushing companies to hire locally instead of bringing in workers from India. Infosys this month promised to hire 10,000 workers in the US.

The worries about job cuts in the industry reflect global concerns about the potential for rapidly developing automation to create unemployment — a particular concern in India, where about 1m young people enter the workforce each month.

The number of people seeking IT services jobs on Naukri, India’s most popular jobs website, increased 23 per cent year-on-year between January and April, it said.

The Forum for Information Technology Employees, a workers’ group, is seeking to form the industry’s first union to fight what it says were illegal job terminations seen recently in the sector.

The companies themselves have downplayed the scale of headcount reduction.

“To say the need of people in the business will go down is wrong,” said Ravi Kumar S, deputy chief operating officer at Infosys. “Automation will take away jobs of the past but will create lots more jobs of the future.”

Mr Kumar said the job cuts at Infosys in recent months were part of an annual process where “underperformers” were released, though he declined to say how the number of such cuts compared with previous years.

Lay-offs have also hit senior staff, as companies see less need for managers to handle large teams, said Kris Lakshimanth, chairman of Headhunters India, who estimates job inquiries from such people have doubled since last year.

“Companies are trying to reskill the employees [in new fields], but where there is no option, they're having to let them go,” said Ratna Gupta, a director at ABC Consultants, another recruitment company. “Obviously the number of humans required is going to be less.”

[Riaz Haq]

McKinsey: #India #technology sector to lose 200,000 jobs a year for next 3 years as #Trump’s #H1B policy tightens

http://www.cnbc.com/2017/05/23/indian-tech-sector-downsizes-heavily...

Technology companies in India are in the midst of a massive restructuring drive that has both employees and industry analysts worried over the future of the sector.

Information Technology companies like Infosys, Cognizant and Tech Mahindra have announced redundancies this year and some analysts have said that this string of layoffs are expected to continue for the next two years.

A recent report from McKinsey India says that at least 200,000 software engineers in India will lose their jobs each year over the next three years.

According to local media reports, tech giant Infosys had earlier announced its plans to lay off about 1,000 employees at senior levels based on performance-based processes, the company also then announced its plans to hire 10,000 Americans over the next two years – a move many analysts have said will please U.S. President Donald Trump. Following this move, other companies such as Cognizant announced their plans to cut 6,000 jobs.

"With the majority of their business coming from US-based clients, it seems like a natural step for Indian IT companies to expand and strengthen their client offering in a market that promises sustained growth. This will undoubtedly benefit U.S. workers and sing to the tune of Trump's America First strategy," Af Malhotra, co-founder of Bangalore-based IT firm GrowthEnabler, told CNBC via email.

U.S. President Donald Trump's "America First" agenda and focus on curbing immigration especially around the much-sought-after H-1B visa policy may hurt India's massive information technology sector that forms a strong base for the country's economy.

Indians top beneficiary of H-1B

Data from Goldman Sachs estimates that Indians accounted for nearly 195,257, or 70.1 percent, of all beneficiaries of the H-1B visa program in 2015. And hence, President Trump's decision to steer his policies towards "America First" is clearly going to hurt these professionals as well as Indian software companies. But there are divergent views on whether the redundancies in India by major IT companies have anything to do with Trump's policies.

"It does not seem like Indian companies are laying off in India so they can hire in the US," an IT-professional based in the U.S. told CNBC on the condition of anonymity due to the sensitive nature of the topic. "The IT sector has been struggling, these companies have been having poor disappointing earnings/lower guidance for a few quarters now and that is probably the primary driver."

[Riaz Haq]

After #IT #outage, #BritishAirways union blames outsourced IT jobs in #India for problem #Modi #BJP http://toi.in/ea7ePZ via @TOIBusiness


NEW DELHI: British Airways' GMB union has reportedly blamed the airline's decision to outsource hundreds of IT jobs to India last year for the IT failure related problems on Saturday.
The GMB website says the union had on February 29, 2016 warned against BA outsourcing IT jobs. The website quotes Mick Rix, GMB national officer for aviation, as saying then that a march will be held "in protest as the company plans to outsource and offshore work to one of the biggest IT majors in India.

The GMB website says "the affected job losses at Heathrow in West London is around 700 people and around 100 in New Castle and other locations."
The Indian IT major "will need to carry out work in the UK and they will bring workers from India to fill the jobs of the ex BA workers," the website adds.

[Riaz Haq]

White ex employee at Infosys sues Indian company claiming bias in favor of H1B workers from India

https://www.dallasnews.com/business/technology/2017/06/21/white-ex-...

Erin Green, a former supervisor at Infosys, filed suit this week in the Eastern District of Texas in Sherman, alleging that he and black and white staffers on his team were denied raises and promotions, and that other "non-South Asian" workers were berated by South Asian company officials. 

Green, of Frisco, is white and rose to the rank of "head of global immigration" while working in the company's Plano office. He was terminated in June of 2016, ostensibly for violating Infosys' "code of conduct by using his work computer for personal use a number of years earlier."

The race-based discrimination lawsuit by a former American employee comes just weeks after Infosys -- India's second-largest technology services company -- announced plans to hire 10,000 American workers at a time when President Donald Trump has been pushing an "America First" policy.


An Infosys spokeswoman said the company is "not in a position to comment on ongoing litigation." 
Green's attorney said he did not have time to answer questions.

"Infosys maintains [more than 20,000] employees working in the United States," Green's suit said. While less than 5 percent of the U. S. population is of the South Asian race and national origin, roughly 93 percent to 94 percent of Infosys's United States workforce "is of the South Asian national origin, (primarily Indian)." 
"This disproportionately South Asian and Indian workforce, by race and national origin, is a result of Infosys's intentional employment discrimination against individuals who are not South Asian, including discrimination in the hiring, promotion, compensation and termination of individuals," the suit said. 

"Infosys has gone to great lengths to obtain its primarily South Asian workforce in the U. S., in particular by utilizing professional H-1B and L-1 work visas to bring South Asians (primarily Indians) into the United States to work in information technology ("IT") consulting roles," according to the suit.