The ZaZona.com debunked
ZaZona.com is a site that is opposed to H-1B and other non-immigrant visa programs. Unfortunately, it spreads substantial misleading or outright false information, and frequently plays on emotions rather than presenting facts. This Web site is available at ZaZona.com.
My page attempts to debunk some of the claims ZaZona.com makes. Like all Web sites, ZaZona.com is a dynamic entity, so a mismatch between my page and this site is highly likely to develop at some point.
If I do not mention something, please do not construe this as either agreeing or disagreeing with what ZaZona.com states. I welcome comments, and would invite you to submit additional thoughts on both sides of the debate. I may publish selected comments.
Who are you? An Industry "Shill"?
Some people have made this claim, based solely on the fact that I do not agree with them on what good immigration policy is.
No, I am not an "industry shill". As a matter of fact, I'm politically more aligned with labor unions than with employers, and would encourage stronger unionization throughout the USA.
However, I am also an independent thinker, and don't blindly accept claims from either side of the debate.
Also note that the strongest push for immigration restrictions comes from the Republican side of the aisle.
What are the primary problems with ZaZona.com?
The single most important problem is that most claims are unsubstantiated and unjustifiedly generalized.
A second important problem is the way many numbers on ZaZona.com counts H-1Bs and other non-immigrant categories. Without pointing out the difference, the site jumps back and forth between counting petitions and counting individuals, ignoring the fact that the same individual usually holds two, three or more petitions over the lifetime, and often switches from one category to another, as well.
There are also factual misrepresentations, such as the (false) claim that it is possible not to pay income taxes for H-1Bs, or that H-1Bs can avoid FICA taxes (they can't).
Is there any issue where you agree with ZaZona.com?
Actually, there is quite a bit.
For one, there indeed is exploitation of foreign workers. However, the problem is not with H-1B, but rather with the fact that the Green Card process takes far too long. While waiting, Green Card applicants can be exploited no matter what status they are in. So the solution is to improve and streamline the Green Card process.
For another, please DO file a complaint if you see H-1B or labor laws violated. The existing laws actually are pretty good, but are complaint-driven. If nobody complains, the government does not take an action.
I have actually seen a complaint result in H-1Bs receiving substantial raises to bring them in line with American salaries.
ZaZona.com claims that over 17 million visas have been issued to allow aliens to work in the United States since 1985. Is this true?
First of all, this is over a span of nearly 20 years (1985 through 2002). That alone makes the number somewhat meaningless; just by picking a larger or smaller time frame, one can easily manipulate this number.
Assuming that the number is correct, this translates to about one million per year, in many visa categories combined. Zazona.com lumps together completely unrelated types of visa, such as (unskilled) agricultural guest workers (H-2B) exchange students (many of whom aren't allowed to work), and H-1B teachers and engineers.
This number is also misleading on another count. ZaZona.com does not define what "visa" means in this context. It is obviously not referring to actual visa stamps issued at consulates (and even this number would be misleading, since many individuals receive multiple visas over time). Without knowing the origin of this number, I can only speculate that this number actually refers not to visas, but rather to the sum of petitions for the various types of visa (of which most non-immigrants receive several over the course of the years) and IAP-66 forms (J-1s can receive several of these).
Thus, the actual number of individuals - which is the only meaningful number that impacts the US labor market - who received US work authorization for skilled labor (and that is what H-1B is about) is substantially smaller. Experience and the US quota system has shown that this number may be as low as 200,000 annually at its peak, and less than 90,000 annually today.
ZaZona.com itself gives a more meaningful number at a later place, when they claim that by the end of the year 2001, 890,000 H-1B workers were employed in the United States. H-1B accounts for the vast majority of work "visas" issued in the USA and is limited to six years. Therefore, the number of 890,000 indicates that approximately 150,000 individuals per year actually received H-1B status - a far cry from a claimed one million per year. This number is consistent with the H-1B quota at the time. Today's H-1B quota is substantially lower (65,000, plus another 20,000 for advanced degree graduates from US universities).
ZaZona.com claims that in 2001, 9 out of every 10 new job openings for computer/IT were taken by H-1Bs. Is this true?
The number sounds impressive but is actually meaningless. It refers to the number of additional IT jobs - but 2001 was a year when virtually no new jobs were created.
ZaZona.com claims that INS issued 312,000 [H-1B] visas in 2002. I thought the quota was much lower than that! Is it true?
First, INS (now USCIS) never issued visas. INS/USCIS issue petitions and grant a status. This number actually refers to the number of petitions, of which the same individual can hold several. Over the course of the maximum six-year limit, an individual H-1B non-immigrant will accumulate at least two petitions, and often three, four or more.
ZaZona.com claims that H-2A and H-2B are used to import blue collar and agricultural workers. Is it true?
Yes. Both programs are rarely used because of the excessive paperwork, but both are indeed intended for this purpose. The US government actually encourages use of the H-2B program to curb illegal immigration.
Update: recently, the H-2B program has gained in popularity, and today, the maximum number of H-2B visas per year under the quota is being issued. This is still only 66,000 workers per year.
ZaZona.com claims that J-1 visas are used by educational and governmental institutions to import foreign workers. Is it true?
No, this statement is very misleading. The J-1 status actually is an exchange visitor status. J-1s come to the US with the express intent of learning, not working - although some exchange programs allow or expect the J-1 non-immigrant to work as part of the experience.
What is more, many J-1 non-immigrants are actually required to return to their home countries in order to transfer their US experience back. Thus, they not only don't take an American's job, they actually transfer knowledge.
J-1 actually is used for a variety of purposes ranging from high school exchange students to summer camp counselors giving American children a glimpse into a foreign culture to au-pair exchange students to exchange scientists essential for international scientific cooperation and dissemination of scientific knowledge throughout the world
As such, the scientific use of J-1 visas is not primarily for work, but rather essential tools of international scientific cooperation and to disseminate US knowledge to other parts of the world. Any work performed is incidental to this goal.
Non-scientific J-1s are usually either not permitted to work at all, or permitted to work short-term as part of their program and cultural experience only.
ZaZona.com claims that "guest worker" programs allow terrorists into the country.
I wish they would stay to the facts instead of playing on emotions!
Actually, since 9/11, guest workers (and students) in sensitive occupations, such as aviation, are subject to extra security checks before they can receive any US visa.
Of course, US citizens, such as Timothy McVeigh or Theodore Kaczynski, better known as the "Unabomber", are not affected by any restrictions on a guest worker program.
ZaZona.com claims that H-1Bs are available for administrators. Is it true?
No. At least not with the commonly understood definition of "administrator" as an office worker. ZaZona.com actually refers to Systems Administrator, which is a highly skilled software occupation that has nothing but the name in common with the office occupation.
ZaZona.com claims that H-1Bs are available for secretaries and clerks. Is it true?
No. If an employer can show that a secretary or a clerk requires specialized knowledge and a college degree, then it may be possible in rare individual cases, but in general, H-1Bs are in fact NOT available to these professions.
ZaZona.com claims that H-1Bs are available for fashion models. Is it true?
Yes, as long as the fashion model is internationally acclaimed. This is the only category of worker who can get an H-1B without a college degree or relevant experience. However, in practice, fashion models will nowadays use a P classification (which was not available when the H classification was introduced)
On the FAQ page, ZaZona.com claims that many non-immigrants don't pay taxes (in the question "What are Bodyshops?". Is this true?
No. Contrary to the answer on their site, H-1Bs and L-1s are considered US employees, and must be paid according to US labor and tax laws. This means paying them the prevailing wage guaranteed in the LCA, withholding income taxes, and generally also paying with a US check.
Note that there are indeed some Bodyshops that blatantly flout the law on these issues. Current H-1B law already explicitly deals with such companies. All that would be necessary is to file a complaint with Dept. of Labor - any US worker, including the H-1B itself, can do that.
On the FAQ page, ZaZona.com claims that DOL has no way to verify the information on the LCA. Is that true?
No. The LCA actually is public and available to all employees at the company. The LCA system is complaint-driven. This means that DOL will investigate any LCA violation, as long as somebody - either an H-1B or an American worker - files a complaint. The identity of the complainant will remain confidential, so you should not fear retaliation.
On the FAQ page, ZaZona.com claims that if the LCA promises to pay the H-1B $50k, it is legal for the body shop to take $15k and leave the H-1B with $35k. Is that true?
No.
Contrary to what ZaZona.com says, if the LCA says that the H-1B will be paid $50k, then that must be the actual salary that shows up on the H-1Bs pay check. If there is a body shop involved, they will only take a cut on top of the guaranteed salary. Generally, "headhunting fees" such as those claimed by ZaZona.com are illegal.
On the FAQ page, ZaZona.com claims that one LCA can be used to hire any number of H-1Bs. Is that true?
No. Each individual H-1B requires his own LCA approval.
LCAs are also used for a number of other categories, and some of those do allow multiple applicants on the same LCA. However, an LCA that specifies more than one applicant would be rejected by USCIS.
What is the connection between H-1B and "sex slavery?"
I can't believe I even have to write this, but none whatsoever! The fact that one person involuntarily enslaved others for sex has nothing to do with whether he is an American Citizen or not!
Do H-1Bs pay FICA taxes?
Contrary to ZaZona.com's claim, yes. There is no exception for H-1Bs. Only certain students with F-1 visas are exempt.
There are totalization agreements with very few countries. However, in all of them, there is no transfer of Social Security funds between countries.
Few H-1Bs are even affected by totalization agreements (neither India nor China have them) - Indian or Chinese H-1Bs will simply pay their US FICA tax and never see a benefit from them.
Even for those who do have a totalization agreement, the US still receives the FICA payments. All such a totalization agreement says is that in some cases, the person may be eligible for a small Social Security benefit after his retirement - much less than an American would receive after a lifetime of employment.
ZaZona.com quotes Dr. Norman Matloff. Dr. Matloff is a computer science professor, not a lawyer, and long-time anti-H-1B activist. His computer science credentials may be more advanced than mine (I "only" have an Master of Science), but his immigration law credentials are not necessarily.
Unfortunately, Matloff is mistaken in his characterization of totalization agreements. In the situation he described with France, the H-1B would receive Social Security benefits only for the years *worked in the US*. He would draw a second benefit from, in his example, France for the years worked in France.
More information about Totalization Agreements
To investigate H-1B fraud, does the Secretary of Labor need to authorize it?
No. Most laws contain phrases such as "The Secretary of Defense must ..." or "The Secretary of Labor must ...". This does not mean that the cabinet member must personally authorize it - this phrase simply refers to the department.
For that matter, immigration law also provides that "The Attorney General" (or today the Secretary for Homeland Security) has to approve H-1Bs. Nobody interprets such a phrase as "personally".
Who is Kevin Keane aka Ingo Pakleppa
I feel honored that ZaZona.com even mentions me by name ;-)
Of course I am not a "wannabe immigration lawyer" - as the disclaimer below states (and ZaZona.com later also acknowledges). I also do not use an alias; Kevin Keane is my legal name (Ingo Pakleppa is my former legal name, before I became a US citizen. I chose to Americanize my name simply because the original German was just impossible to spell or remember).
I got a good laugh out of the claims of "taking statements out of context" and the like - from a site that does not even bother separating the numbers for farm hands and H-1Bs. I hope you, the reader, will be able to make up your own mind about which site takes more statements out of context.
This web site is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. I made an attempt to provide somewhat accurate information as of the time of this writing, but the situation may well have changed by the time you read this. I am not a lawyer. I have no legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust. Keep in mind that there are no guarantees in immigration law. Most decisions are discretionary in nature, and even a competent immigration lawyer cannot guarantee success.
If you have further questions, please consider posting them in the newsgroup alt.visa.us, where there are a number of helpful individuals. I discourage emailing me directly. If you still want to email me your question, please send them through the Contact page. Don't expect an immediate answer, and I reserve the right to ignore your mail completely, too!
This site is Copyright © 2003-2007 by Kevin Keane