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Guest workers are supposed to be temporary.  To fill a temporary labor shortage when there are not enough U.S. workers.  Or at least that’s the rhetoric.  Of course the law is quite different.

So, one would think that first to go in layoffs would be the temporary guest workers.  Not so!  Microsoft is laying off 5,000 workers and additionally none in India.  Of course Microsoft lobbies for more cheap labor which displaces U.S. workers so these massive layoffs are the height of hypocrisy.

Senator Chuck Grassley wrote a letter:

January 22, 2009

Mr. Steve Ballmer Microsoft Corporation
One Microsoft Way
Redmond , WA   98052-6399

Dear Mr. Ballmer:   I am writing to inquire about press reports that Microsoft will be cutting approximately 5,000 jobs over the next 18 months.  I understand that the layoffs will affect workers in research and development, marketing, sales, finance, legal and corporate affairs, human resources, and information technology.    I am concerned that Microsoft will be retaining foreign guest workers rather than similarly qualified American employees when it implements its layoff plan.  As you know, I want to make sure employers recruit qualified American workers first before hiring foreign guest workers.  For example, I cosponsored legislation to overhaul the H-1B and L-1 visa programs to give priority to American workers and to crack down on unscrupulous employers who deprive qualified Americans of high-skilled jobs.  Fraud and abuse is rampant in these programs, and we need more transparency to protect the integrity of our immigration system.  I also support legislation that would strengthen educational opportunities for American students and workers so that Americans can compete successfully in this global economy.   Last year, Microsoft was here on Capitol Hill advocating for more H-1B visas.  The purpose of the H-1B visa program is to assist companies in their employment needs where there is not a sufficient American workforce to meet their technology expertise requirements.  However, H-1B and other work visa programs were never intended to replace qualified American workers.  Certainly, these work visa programs were never intended to allow a company to retain foreign guest workers rather than similarly qualified American workers, when that company cuts jobs during an economic downturn. It is imperative that in implementing its layoff plan, Microsoft ensures that American workers have priority in keeping their jobs over foreign workers on visa programs.  To that effect, I would like you to respond to the following questions:

• What is the breakdown in the jobs that are being eliminated?  What kind of jobs are they?  How many employees in each area will be cut?
• Are any of these jobs being cut held by H-1B or other work visa program employees?  If so, how many?
• How many of the jobs being eliminated are filled by Americans?  Of those positions, is Microsoft retaining similar ones filled by foreign guest workers?  If so, how many?
• How many H-1B or other work visa program workers will Microsoft be retaining when the planned layoff is completed?

My point is that during a layoff, companies should not be retaining H-1B or other work visa program employees over qualified American workers.  Our immigration policy is not intended to harm the American workforce .  I encourage Microsoft to ensure that Americans are given priority in job retention.  Microsoft has a moral obligation to protect these American workers by putting them first during these difficult economic times.   Sincerely,   Charles E. Grassley United States Senator

Maybe it is a coincidence, yet Microsoft is delaying their Iowa data center.  Doesn’t it seem like it appears in response for Senator Grassley stating the obvious?  That  Microsoft is trying to punish Iowa by delaying only their business in Iowa?
(but Iowa, take heart, obviously Microsoft wasn’t planning on hiring too many Iowans in your state from their immature, vindictive, retaliatory attitude!)

Microsoft Corp. has delayed plans to build a $500 million data center in West Des Moines.

West Des Moines City Manager Jeff Pomerantz said he received a call from Microsoft on Friday morning, telling him that plans for the data center have been postponed.

(Note Microsoft blames the PC business, uh huh, you’re building in other states to get your state tax incentives).

Even worse, Microsoft whipped out the immigration attorneys trying to claim having  U.S. workers preferred for jobs in the United States is somehow discriminatory…..against foreign temporary guest workers (not Americans of course!).

More local videos on the layoffs in Seattle:

KiroTV
KiroTV Microsoft layoffs

More articles on this no brainer, temporary workers are supposed to be temporary, latest Microsoft labor arbitrage move.  (Best and the Brightest?  Try most gullible and cheapest!)

Deccan Herald

Norm Matloff newsletter on Microsoft layoffs.

ComputerWorld