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'Outsourced' IT Workers Finally Get Same Benefits As Laid-Off Factory Workers--A Fair, But Costly, Development

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Filed: Timeline
Posted

Companies lay off workers for many reasons--they're employed in a unit that isn't profitable, they worked on a discontinued product, the employer is downsizing, etc. Or they work in an industry that's losing ground to foreign competitors with lower costs. Given the myriad ways in which one could suddenly find himself or herself out of a job, is there any justification for the government singling out the latter category for special benefits--like an extra year's worth of unemployment payments?

Not really, but as long as the feds practice this kind of economic discrimination through the Trade Adjustment Act, it's only fair that IT workers who have been "offshored" get the same treatment as factory workers. It's a wrong the government has finally righted, with a little nudge from the courts. Here's how it went down, and why the feds' decision--right or wrong--may end up costing taxpayers a lot of money.

In a ruling that got astonishingly little attention given its political sensitivity, the Department of Labor this month effectively reversed its longstanding position that software developers aren't eligible for assistance under the TAA, which was written with rust belt factory workers and Southern textile shops in mind. Labor held that coders didn't qualify because they weren't manufacturing a physical product, or, in the department's narrow legalese, an "article."

That distinction never made any sense and just about everyone except the bureaucrats seemed to know it. Just because a product doesn't arrive on our shores in a crate doesn't mean it's not subject to the same economic laws of production, supply, and demand as, say, a box of ball bearings.

Labor came to this fairly obvious conclusion only grudgingly. Four CSC workers who were laid off because production of the app they worked on was moved to India applied for, and were denied, TAA benefits. They sued, and their case was heard by the U.S. Court of International Trade. The court ruled that Labor's position on software not being an "article" deserving of TAA status was "arbitrary and capricious." The department was forced to reverse itself, opening the door for thousands of IT professionals who feel that their jobs have been "offshored" to claim TAA benefits.

(If you're an IT worker whose job got outsourced, you really should buy each of those former CSC employees a couple of cold ones!)

So why was Labor so stubborn on this issue? Here's one theory: This country has already gone through the restructuring of its manufacturing sector. You'd be hard-pressed to find a factory of any size still pumping out commodities in the United States. What's left are a lot of smaller, leading-edge shops that employ workers with highly specialized engineering skills. For manufacturing workers, TAA benefits are a bill that's mostly been paid.

Not so with the technology and professional services sectors. The rationalization of these industries on global lines is just beginning. Outsourcing has been a hot-button issue for years, but to date only a small percentage of IT and services work has actually gone abroad. But that's changing--fast. Evolving technology is making offshoring progressively easier to manage and less expensive, and managers are becoming increasingly comfortable with the practice as they gain experience with it. As a result, big IT services vendors like EDS, IBM, and CSC are set to double or even triple their Indian head count over the next couple of years.

They wouldn't be doing that unless they were set to send lots more work to that country. All this means that tens of thousands of U.S. IT workers currently employed could soon have to go through a career transition--either to a higher-level IT job (yes, there will be lots of them...see manufacturing above) or to a different profession. Labor's new ruling requires the government to help pay their "transition costs." The department is surely aware of this and may have resisted granting TAA eligibility to programmers for as long as possible. After all, who's going to pay the bill? Yeah, you guessed it.

http://www.informationweek.com/blog/main/a...urced_prog.html

Man is made by his belief. As he believes, so he is.

Filed: AOS (apr) Country: Russia
Timeline
Posted

Interesting... I'll save the link.

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

Posted

i am glad.,,it is only fair .,,,plus, IT is the factory workers in the world of technology

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

Filed: AOS (apr) Country: Canada
Timeline
Posted

Ugh I wish this was so 1.5 yrs ago! My hubby was laid off (yes he's an IT geek) and we had a pretty rough year!

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

Filed: AOS (apr) Country: Russia
Timeline
Posted
No it ain't fair. IT folks are geeks. :P

*takes cover*

Geeks are cool!

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

Filed: AOS (apr) Country: Canada
Timeline
Posted
Ugh I wish this was so 1.5 yrs ago! My hubby was laid off (yes he's an IT geek) and we had a pretty rough year!

Oops. Sorry. Seriously. :(

I guess my attempt at humor backfired badly, eh? :unsure:

lol, no I found it amusing. In fact I just told him I thought he was an IT geek, he responded with a demand for me to make mac n' cheese. It's fair :yes:

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

Filed: AOS (apr) Country: Russia
Timeline
Posted
Any affected IT worker should check this page out for more details - http://www.doleta.gov/tradeact/

This sh!t sounds just as bad as applying for immigration benefits ;)

I agree. The "two-step" process sounds pretty involved!

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

Posted
i am glad.,,it is only fair .,,,plus, IT is the factory workers in the world of technology

No it ain't fair. IT folks are geeks. :P

*takes cover*

:yes: i agree...

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

 

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