Banning Foreign Students from American Banks

Bank bailouts are giving the U.S. Congress the chance to attach several conditions that banks otherwise wouldn’t accept. But given the fact that bank executives and financial wizards screwed up so bad, it might seem alright for the government to teach them a thing or two. One might argue that government should not tell banks how to run their private business. In most cases they would be right except that these banks have run their own business without any interference and dug themselves deep taking all of us with them. But that doesn’t mean that the government overnight knows any better. In fact, in these partisan times, any conditions attached to the bailout money has to be thoroughly examined for political motives unrelated to business efficiency.

One such pre-condition was the ban on hiring of foreign workers at ailing banks. This led to Bank of America rescinding on it job offers to foreign MBA students graduating from US business schools [hat tip: Rohit]. The politicians on Capitol Hill feel that these jobs should be offered to Americans. Who was responsible for this pre-condition? Protectionist Democrats and the Obama administration? You would be surprised that it was in fact, Republic Senator Charles Grassley and Independent Senator Bernie Sanders (the only Socialist in the Senate) who introduced this amendment to bar people holding H1-B visas from working in so-called taxpayer-funded banks. These senators falsely assume that banks are hiring foreign workers instead of Americans when in fact, the opposite it true. Any desi student knows that U.S. companies are not hiring them because they are cheap but because they are the best people for the job. Processing an H1-B visa in fact entails additional cost that hiring American workers would not. Given the higher proportion of foreign students in graduate programs especially in top-ranked universities, it is not surprising that an American company is more likely to hire a foreign student. Given the so-called abuse of the H1-B visa system by certain large Indian companies, a case could be made to prevent people who haven’t studied in the U.S but even then, it would miss the point of attracting the best possible talent.

As Megan McArdle says:

As a committed free trader–and an MBA who went through the mass layoffs of the last recession–my sympathy is all with the MBAs. These are people who mostly aren’t eligible for scholarships or subsidized student loans; they’ve borrowed or spent close to $100,000 in America to get their degree, many of them in hopes of staying here. They’re intelligent, highly skilled, and promise to be net contributors to the tax system . . . so America kicks them in the teeth and sends them home without a job.

By keeping these students out, America is actually sending skilled human capital away which in turn makes creating and maintaining efficient and profitable businesses all the more difficult. The “Buy American” clause runs counter to every conservatism principle there is given the arguments of merits, free trade (of intellectual capital, and supporting legal immigration; in fact it exposes xenophobic fears that prey on rational sensibilities. It makes a false assumption that there is a pool of American workers who are equally qualified and willing to replace foreign workers.

Do I blame the Obama administration and Democrats for allowing this restriction to stay in the stimulus bill? Of course, I do. Admittedly, people responsible for drafting the bill had to make several compromises to attract Republican votes but I fail to understand why these conditions were not removed after Republicans refused to vote in favor. Political bickering leads to such compromises that have no direct bearing on solving the crisis and merely results in America being less attractive to skilled immigrants and in turn, less competitive in the world arena. This financial crisis will eventually lead to global restructuring following which the intellectual talent and conducive business environment tempered by smart regulation will be key factors in the next emerging economic superpower. Ignoring skilled immigrant talents will only drive them away to other pastures that will be only too eager to accept them. Otherwise you risk America becoming the land of mediocrity and even idiocracy; case in point – this Verizon customer representative and his manager [YouTube link; hat tip: Rohit].


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  • bloghopper

    The youtube clip is hilarious ! Its a pity people do not understand simple mathematic terms. These people have been conditioned to go by what their software tells them, and in all probability this software was written by the so-called skilled immigrant talent.

    • http://intensedebate.com/people/Patrix Patrix

      I swear. I love the part when the guy is trying to explain 1 dollar <> 1 cent, 0.5 dollars <> 0.5 cents, and finally 0.002 dollars <> 0.002 cents. The manager agreed with him for the first two and lost him at the third. ROTFL!

  • Supremus

    Well, so much for Obama being the only guy to have a comprehensive immigration reform plan; the plan is simple – get lost LOL.

    That said, there are things that I'd differ. First, no, certainly not all h1b holders are best at their jobs. Its a fact. Come to silicon valley & you'll hear of enough horror stories of how people are recruited through desi bodyshops with fake resumes and education; The usual modus operandi is – the desi guy (usually managers) @ big company knows another desi friend who's started a bodyshop; the big guy opens requisitions and gets authorization for hiring contractors; obviously his friend gets a sweet spot in the process – and the desi manager then proceeds to hire only his friend's contractors even though he/she may not even have an inclination of what technology they'll work in; worse still they may not even list proper education either. The contractors charge the company a high rate, pay the hired a small salary, and the desi manager and the desi friend pocket the rest. So yes, there is a blatant misuse of this visa, being a h1b and a desi myself, i think its shameful and pitiful. And this is a very very common theme out here in bay area, and at a lot of places quite frankly (even on east coast).

    So when the politicians who've heard immense complains from americans about such practices form a rule not to hire foreigners for companies getting tarp money, you can't help but look at the situation that immigrants (read h1b) have bought upon themselves; no doubt, this is a senseless ruling in all respects, but to expect anything more mature considering the opposite side has been misusing the law since quite a lot of years, should not be expected.

    Thanks to a huge truck of rotten apples, the remaining good apples in the field are getting rejected ;)

    • http://intensedebate.com/people/Patrix Patrix

      I agree that there is lot of jhol in the way H1-B visas are processed and assigned. I too have heard from plenty of my acquaintance of forged resumes. But to completely eliminate all H1-B jobs is throwing out the baby with the bathwater. I'm sure reputable companies like Microsoft, Google, and (I hope) Cisco ;) have better and stringent standards in hiring the best applicant; foreign or otherwise.

      Like I mentioned, although Obama cannot be excused for keeping that condition in the final draft, he alone cannot be blamed for what has now become a largely political process. Forget securing the border for illegal immigration, the nation would be better served by first reforming the legal immigration process. They are fast losing interested and talented people to other countries simply due to bureaucratic delays and such regressive laws (as mentioned) that get enacted.

  • http://le-chronicle.blogspot.com Tanuj Lakhina

    Omg I loved the video.Its like that americans are dumb video but only showing how even the highly educated are dumb too!! jesus christ.

    As for the topic at hand,I totally think American government's decision to not employ h1b visa holders on the bailout banks is totally ridiculous.Its like being happy with them in times of merry and just as things turn grim you turn your back on those very people who had been getting you positive numbers for a long time.Its against the rule of free labour as well.I wonder if those visa holders can sue the government for this decision or the banks for the reason to offload them.Is it possible?

  • http://blogsbyrahul.blogspot.com Rahul

    OMG! Was this for real? I almost fell off my chair towards the end when the lady said – "this is obviously a difference of opinion". ROFL!!

    On a more serious note – this clause restricting foreign nationals seeking employment in US is understandable but poorly implemented. At the minimum, people who studied in US must be exempted from this clause otherwise US will have a hard time attracting bright overseas candidates. US should not forget that most of its economic power was due to the intellectual capital created by some of the sharpest foreign minds that its universities have regularly attracted. If these people start leaving US now, things will only get worse.

    • http://intensedebate.com/people/Patrix Patrix

      From a personal and selfish perspective, I would like that exemption for students as well. But then it also makes sense because such individuals are more invested in the country's economic growth and have been trained by their universities which are one of the best in the world. Why would they want to send them away is beyond me.

  • Rhucha

    I agree with your position on the issue. Again H1b reform is what we need or in fact reform in the legal immigration. Throwing foreign students out of job market does not necessarily mean to create job market for the citizens. I completely detest the way some software companies sprang up suddenly and sponsor the visas and get people from anywhere, as someone mentioned to start a sweatshop. The problem is BOA is not the one who will hire people from sweatshop. The MBA graduates are smart people who have to fight equally with citizens to get into a degree program , excel in it and finally secure a good job. In fact the employer has to first show that they did not find a capable citizen for a particular position before they can process H1B. Secondly, buy American slogan is foolish. This is country is made up of immigrants and the real Americans "Natives" have to struggle more to get their voices heard. Come to West and you will know what I mean. The issue is "Bad economic time is a good time for bad decision makers". Again, the new bill does not forbid hiring H1B workers. As you mention correctly, by throwing away good mangoes the country faces a terrible fate of landing with mediocre talent. I still think that this new limit to foreign ,legal workers is a ploy to appease opposition. As my friend said " Well, was it possible for Obama to be President, if his father had never come to US from Kenya?"

    • http://intensedebate.com/people/Patrix Patrix

      Apparently, the abuse of the H1-B visas is rampant and much more serious than I thought. So the big companies are just to blame as those small software sweatshops, I'm told. But then again, all the more reason to reform the system to keep such abuses at bay and retain the talent.

  • http://intensedebate.com/people/Patrix Patrix

    I don't think any employee has any right to sue their employer much less the government for firing them unless they have done so on discriminatory grounds. It is tough to define this as discrimination as it is merely a condition. Also, the workers were not fired since BoA merely withdrew their offer letter so those MBA grads were not hired. Banks wishing to hire foreign workers are free to not accept the bailout money. I know it sucks but then we are expecting logic and reason in a politically charged environment. I had just expected better from the O administration.

  • http://le-chronicle.blogspot.com Tanuj Lakhina

    I think these would be discriminatory grounds,the ground being their nationality or birth origin.Its not like the H1B visa holders stole the jobs from the Americans.It was a fairly contested job position which the visa holders got because of their capabilities.But in Obama's defense he cannot please everybody,right?

    • http://intensedebate.com/people/Patrix Patrix

      It may be discriminatory but then the government also has the right to insert conditions for its bailout money to further the interests of their citizens. Hiring foreign workers makes economic and business sense but not to make political points.

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