Anonymous wrote:IBM has been conducting layoffs , almost 10,000 this year. see http://spectrum.ieee.org/view-from-the-valley/at-work/tech-careers/which-ibm-layoff-numbers-add-up

Yes somehow they need almost 6000 H1Bs because they cannot find american workers?

U.S. Sen. Chuck Grassley is requesting details from IBM regarding the company's use of guest workers from foreign countries, emphasizing that this information is particularly important at a time when layoffs of American workers are ongoing.

In a correspondence dated April 16, Grassley asked IBM Chairwoman, President and CEO Virginia Rometty for an explanation of IBM's apparent plans to "hire thousands of H-1B visa holders." Grassley's concern arose when IBM petitioned for 5,800 H-1B visas on April 1.

"It has come to my attention that IBM will be laying off employees in the United States this year while at the same time apparently seeking to hire thousands of H-1B visa holders," the letter states.

http://www.thonline.com/news/tri-state/article_bcac72fb-60c3-529e-878a-082c3fd0310b.html

Your dear senator cannot impose a 'spirit of the program' when the law already sets of the requirements of the program. It is illegal for the US to discriminate against a person based on their nationality, and so the H1B arrangement could never privilege American candidates above other candidates globally. The spirit of the program is to ensure that America remains the greatest nation on earth by getting the best and brightest in the world to work in America. The H1B is the means by which America can get the brightest candidates who are otherwise not citizens, permanent residents, or in another (immigration) category.

It is always left to an American employer to determine if they want to privilege only persons with the legal right to work in the US, by stating this up front in their job adverts, similar to the UK. This means they are not prepared to sponsor a H1B.

I know too many people who are H1B and J1 visa holders (myself having held the latter).