The above article sparked an offline discussion among few members and I decided to put down my views here.
Many claim that Infosys is not alone in this visa abuse scam, and that it is unavoidable. While I agree with the first part, I have to disagree with the second part. While I am no expert, I do have exposure to the system. I was part of the initial wave of H1b workers, in the early 90s. I worked in USA for 9 years in total, under H1B and L1. Then I came back to India in 2004 and started a software company using offshore development model, which is about to complete a decade soon. Now that I established my background, let’s look at the common excuses to commit visa fraud. H1 and L1 are tough to get and often takes a long time. Agreed, but does that mean one has to misuse B1?
1) Cost: Hiring US citizens is expensive compared to deputing people from India fraudulently on B1. This is like saying buying is expensive compared to stealing. Duh! Doing it legally may be expensive, but fraud should not be even an option. Especially so when you are riding the values and morals high horse for decades.
2) Shareholder: Shareholders expect higher returns, this is another excuse for visa fraud. Shareholders are like Valmiki’s family.
Quote:
Originally Posted by wikipedia The Uttara Khanda tells the story of Valmiki's early life, as an unnamed highway robber who used to rob people after killing them. Once, the robber tried to rob the divine sage Narada for the benefit of his family. Narada asked him if his family would share the sin he was incurring due to the robbery. The robber replied positively, but Narada told him to confirm this with his family. The robber asked his family, but none agreed to bear the burden of sin. Dejected, the robber finally understood the truth of life and asked for Narada's forgiveness. |
Shareholders are not demanding you must commit visa fraud to improve the bottomline. They will enjoy the high returns when the company commits fraud, but they want no part of the sin. They will act shocked when the company gets caught in scam. Therefore the management should not commit fraud to appease the shareholders. Draw the line there.
3) Hiring locals: The next excuse is there are not enough US citizens to take on onsite roles. Even those who join, leave quickly since company doesn’t have brand recognition. One can fix this by replacing the onsite HR person with somebody who can sing a different tune. I have been playing the HR role myself for over a decade and I know how company and culture is built and nurtured. It takes creativity and ability to inspire people and develop loyalty. Also, Americans IT workers don’t care that much about brand. It is much easier to hire for small companies in USA, compared to India. I worked in a tiny company in USA for 6 years, so I know about this one too. If the company is incapable of hiring and retaining locals, the problem is with the company culture. Having spent 3 years in USA with TCS, I know that is very much the case. Only the employees from India will put up with the nonsense that goes on there. Hiring US citizens for onsite role has many advantages. I don’t have to explain that.
4) Onsite carrot: B1 fraud enables the company to dangle the onsite carrot in front of employees. They can send employees overseas for short duration easily via B1. This is one more case of mindless HR myths. Here the company is admitting that they can’t retain employees without dangling the onsite carrot. Time to replace the offsite HR too. Get a HR head who can retain people by inspiring, rather than offering onsite carrot. I never had to offer onsite carrot. Yet, in the first 8 years of the company, I didn’t lose a single employee to a competitor, instead I lost them to weddings and higher studies and terminations. I am quite proud of that record.
Ultimately, it comes down to ethical & hiring practices of the company. If you hire people in India based on the lure of high salaries and onsite assignments, then you get exactly such people. That is the culture you develop across the company. If you take the same HR policies to USA, it is unusable. You are not ready to pay even prevailing salaries in USA and there is no onsite carrot. If you want to claim ethical high ground, you should pay prevailing salaries in USA and you will be able to hire as much you want.
If you must send people to USA for work, stick to H1. Abusing B1 visa is a nothing but fraud. Calling it reality doesn’t change that fact. Offshore model can work without abusing B1 visa, that is the reality people should wake up to.
PS: People can be motivated other things than money and onsite carrots. I realised it long back and applied it to my hiring practices. There is a video that explains that: