Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers is a 2015 book authored by Michelle Malkin and John Miano, a displaced high-tech professional, author and attorney who specializes in business immigration law at the policy level.[1]
The book confronts the perception of a STEM professional shortage, exposes the flawed economics supporting the perception, and cites findings that offshore outsourcing firms are the predominant users of high-skill temporary employment-visas.[2][3] The book's publication follows media reporting that Pfizer,[4]Southern California Edison,[5] and Walt Disney World to name a few, have each forced hundreds of employees to train their foreign replacements or risk their severance, unemployment eligibility and professional references.[6] Additional studies cited conclude that a high percentage of qualified U.S. STEM professionals are unable to find employment in their field.[4][7]
Overview
Rather than an exposé on the illegal immigration topic, Sold Out highlights temporary-employment immigration, watered-down regulations, the lack of will and authority of regulators to vet applicants and investigate abuses.[8]
Malkin is the daughter of immigrants from the Philippines,[9] and Sold Out is a continuation of her writings on the immigration topic. Invasion (2002) was her first published book, a New York Times Best Seller reaching #14.[10] Collectively, Malkin refers to K street lobbyists, their multinational benefactors and the politicians who cave to their demands as crapweasels in Sold Out.[8]
In an interview and call-in segment on the Washington Journal (C-SPAN), Malkin and Miano noted bipartisan consensus on the topic among the callers, regardless of Malkin's known conservative leanings.[8]
Sold out clearly has a point a view about the program (crapweasels, for instance), but it backs up its assertions and gives H-1B supporters a high threshold to cross.
A serious argument in defense of the visa program requires explaining how America gains when a U.S. worker is replaced by foreign visa holder hired to do the exact same job. If you are going to justify the H-1B program, then you have to defend firms that force their employees (no severance otherwise) to train their replacements.[13]
The book is not merely some populist jeremiad. From the beginning, Malkin and Miano present tables, footnotes and historical background to make their case against the various visas that companies use to import foreign workers. They date this trend back to the Immigration and Nationality Act of 1952, which created the H-1 and H-2 visas. They note “the H-1 visa differed from the H-2 visa in that it did not require showing that Americans were not available for the job”.[14]
— Brad Matthews, Conservative Book Review
For example, they show that “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.” Sometimes this optional training is in convenience stores.[15]
— Malcolm A. Kline, Accuracy In Academia
After reading it, I must say that I agree with Matloff’s and Thibodeau’s assessments. The snappy, slangy, often incendiary prose suits the authors’ goal of reaching a popular audience as well as their anger at the labor conditions that have resulted from the widespread use of high-skill guest worker visas. No matter how overheated Malkin and Miano’s rhetoric may become, however, they never let emotion get in the way of solid research and analysis, and their 116 pages of supporting documents and footnotes cite sources from across the political and ideological spectrum, all the way from the conservative Breitbart News Network to the Economic Policy Institute, a nonpartisan think tank that aims to “include the needs of low- and middle-income workers in economic policy discussions,” according to its website.[16]
The New York Times did not do a book review on this Malkin book, and they ignored her use of the term crapweasel in the plural on the cover. In 2009 they praised her first hardcover book.[17]
See also
AC21 (Extends H-1B & L-1 visas beyond limitation statutes)
References
^Ian Smith (November 19, 2015). "Bipartisan Support for Reforming a Long-Abused Guest-Worker Program". National Review. Archived from the original on November 20, 2015. Retrieved November 20, 2015. Key to H-1B abuse is the current "prevailing wage" standard, a mechanism designed to ensure that foreign professionals are paid at a level that doesn't undercut American wages. But as Malkin and Miano note in their book, employers themselves determine what the "prevailing wage" is and can essentially use any source in support of their federal applications. As a result, it's common practice for companies to satisfy the standard by simply submitting wage surveys to Labor Department adjudicators from incompatible regions in the country.
^Sharon Machlis; Patrick Thibodeau (April 1, 2014). "Offshore firms took 50% of H-1B visas in 2013". Computerworld. Retrieved November 18, 2015. The IT services firms among the top 20 H-1B users accounted for a little more than 50% of the annual base visa cap of 65,000.[...]The two largest H-1B users are Indian-based, Infosys, with 6,298 visas, and Tata Consultancy Services (TCS), with 6,258. In third place is Cognizant, which is based in New Jersey, but runs large offshore centers. These firms have long dominated the top H-1B list spots.
^JULIA PRESTON (November 10, 2015). "Large Companies Game H-1B Visa Program, Costing the U.S. Jobs". The New York Times. Retrieved November 19, 2015. The answer was simple: Many of the visas are given out through a lottery, and a small number of giant global outsourcing companies had flooded the system with applications, significantly increasing their chances of success. While he had one application in last year's lottery and lost, one of the outsourcing companies applied for at least 14,000.
^ abJosh Harkinson (February 22, 2013). "How H-1B Visas Are Screwing Tech Workers". Mother Jones. Retrieved November 18, 2015. A 2007 study by the Urban Institute concluded that America was producing plenty of students with majors in science, technology, engineering, and math (the "STEM" professions)—many more than necessary to fill entry-level jobs.
^Michael Hiltzik (February 20, 2015). "A loophole in immigration law is costing thousands of American jobs". The Los Angeles Times. Retrieved November 18, 2015. They told us they could replace one of us with three, four, or five Indian personnel and still save money," one laid-off Edison worker told me, recounting a group meeting with supervisors last year. "They said, 'We can get four Indian guys for cheaper than the price of you.' You could hear a pin drop in the room.
^JULIA PRESTON (June 3, 2015). "Pink Slips at Disney. But First, Training Foreign Replacements". The New York Times. Retrieved November 18, 2015. Instead, about 250 Disney employees were told in late October that they would be laid off. Many of their jobs were transferred to immigrants on temporary visas for highly skilled technical workers, who were brought in by an outsourcing firm based in India.
^ abcPeter Slen (November 13, 2013). "Guest Worker Programs"(Video). C-SPAN Washington Journal. Retrieved November 20, 2015. Authors Michelle Malkin and John Miano talked about their book, Sold Out: How High-Tech Billionaires and Bipartisan Beltway Crapweasels are Screwing America's Best and Brightest Workers, and the current guest worker program.
^Beryl Lieff Benderly. "Two sides of the H-1B". Science Magazine. Archived from the original on January 7, 2016. Retrieved January 7, 2016. Where this book really shines, however, is in its impressively detailed probe into the politics of immigration "reform." The authors document how expensive lobbying and strategic donations have brought politicians of both major parties and all ideological persuasions to support increased high-skill migration, despite its deleterious effects. They do this in my own favorite section of the book, chapter 12, "Exposed: How Beltway Crapweasels Cooked Up the Gang of Eight's 'Comprehensive Immigration Reform.'
^"Inside the List". The New York Times. August 6, 2009. conservative firebrand Michelle Malkin enters the hardcover nonfiction list at No. 1 with "Culture of Corruption"
