Bias and caste sytem in H-1B hiring

Before the American Revolution, the colonies were monarchical societies, with the king of England an important part of their government and identity. The conflict between India and Pakistan arose out of the 1947 Partition of British India, enshrined in the Indian Independence Act. The Partition established a Muslim-majority Pakistan and a Hindu-majority India and provided the diverse regions of Jammu and Kashmir the opportunity to choose which country to accede to.

Monarchy and the caste system, while distinct, both represent hierarchial social structures with implications for power and restirct social mobility. Monarchy refers to a system of government where a single ruler, like a king or queen, holds supreme power. In absolute monarchies, the ruler has unconstrained authority, while constitutional monarchies limit the monarch's power through a constitution or other governing bodies. The caste system, predominantly associated with India, is a rigid social hierarchy where individuals are born into a specific caste and their social standing is largely determined by their birth. 

“Life, liberty, and the pursuit of happiness” is in the US Declaration of Independence and describes the fundamental right that all people should have equal rights. 

For that reason, the expansion of H-1B visas for workers from India and the importation of caste biases into the American workplace have significantly altered the dynamics of morale and productivity within the technology sector. These factors have contributed to a decline in workplace morale, focusing on the mechanisms through which this impact has been felt.

In recent years, a significant percentage of H-1B visas issued by the United States have gone to Indian nationals. Specifically, in fiscal year 2023, Indian nationals received about 72.3% of all H-1B visas issued. The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialized occupations. The program has a yearly cap, and the demand for H-1B visas from Indian citizens consistently exceeds the available slots.This means that out of every 100 H-1B visas granted, roughly 72 were given to Indian citizens. Microsoft Corporation filed 9,344 LCAs in fiscal year 2024, of which 9,343 were approved and 1 were denied. Also, Microsoft Corporation filed 4,770 with USCIS and 4,725 were approved and 45 were denied. The H1B LCA Approval rate ≈ 99%. In FY 2023, the USCIS received 483,927 H-1B registrations and selected 127,600 to meet the cap.

The growth in H-1B visas, particularly from India, has led to an influx of highly skilled workers into the U.S. tech industry. While this can stimulate innovation and growth, it has also heightened competition for jobs among American workers. The perception that H-1B visa holders are often preferred due to lower salary demands or as part of outsourcing strategies has fostered insecurity among domestic tech professionals. This heightened job insecurity can lead to decreased morale, as employees become more focused on job retention rather than professional development or innovation. The narrative around H-1B visas often centers on the displacement of American workers, which, whether true in all cases or not, contributes to a sense of vulnerability and dissatisfaction in the workplace.

The influx of Indian workers brings not only their professional skills but also their cultural practices, including the caste system, which, despite being legally abolished in India, persists in social interactions. This system, based on birth and family lineage, categorizes individuals into hierarchical social groups, with some enjoying privileges over others. In the U.S. tech industry, this caste bias has manifested in subtle but impactful ways, such as networking advantages for those from higher castes, leading to disparities in opportunities for career advancement. Workers from lower castes often report feeling socially excluded or overlooked for promotions, which directly impacts their morale and sense of belonging within their work environment. Such dynamics can create a divisive atmosphere where trust and team cohesion are compromised.

Examples in politics are, Kamala Harris’s mother and her family is Brahmin.  It is the pivotal factor that allowed Harris’s grandparents to finance the first year of her mother’s education at The University of California, Berkeley. It is what allowed Gopalan to become part of the state’s intellectual elite and establish herself as a renown researcher in the field of breast cancer research. Pramila Jayapal is the first Indian American woman in Congress and is from the state of Washington’s 7th Congressional district, which is part of the Pacific Northwestern city of Seattle. Raja Krishnamoorthi is from Illinois’s 8th Congressional district, which is a suburban part of the Midwestern Chicago metropolitan region. Both were born in India, are members of the Democratic party, and holders of graduate degrees. Both are upper caste by birth – Jayapal is a Nair Malayali while Krishnamoorthi is Tamil Brahmin, and both swore on the Bhagavad Gita during their swearing-in ceremonies in the US Congress. Seattle became the FIRST city in the country to ban caste discrimination. With the swearing in of Tulsi Gabbard - her mother a Hindu, Jayapal, Ro Khanna, and Krishnamoorthi, Hinduism became the third largest faith group represented in Congress. Vivek Ramaswamy was born in Cincinnati to Indian immigrant parents. 

Leaders of the Hindu American Foundation (HAF) along with Indian and Hindu American community members from across the country celebrated the beginning of the 115th Congressional session,

 
“HAF sees this historic moment as a true coming of age for Hindu Americans politically,” said Jay Kansara, HAF Director of Government Relations. “We’re confident that having more voices in government informed by Hindu values like pluralism, non-harming, moderation, and a quest for truth, will add great value to the policies impacting not only our lives and well-being, but of so many around United States and the world.”

The introduction of caste discrimination in the workplace has led to significant legal and ethical challenges. Cases have emerged where employees have filed complaints against tech giants for caste-based discrimination. For instance, the lawsuit against Cisco Systems by the California Department of Fair Employment and Housing highlighted the issue of caste bias in the tech sector, showing how entrenched caste hierarchies can disrupt workplace harmony and lead to legal battles. These instances not only lower morale among those discriminated against but also among other employees who may feel that their workplace is not a meritocracy but instead influenced by non-performance-related factors. This can lead to a general decline in trust towards management and the company's policies on diversity and fairness.

A workplace where morale is low due to perceived or real discrimination can significantly hamper innovation. High morale is often linked to creativity and risk-taking, key components of technological advancement. When employees feel sidelined or undervalued due to caste or visa status, their motivation to innovate diminishes. Moreover, the potential for collaboration is undermined if certain groups feel marginalized, leading to a workplace where ideas are not shared freely, and teamwork suffers. The fear of discrimination can lead to self-censorship or reduced participation in team activities, directly impacting the quality and quantity of output in tech companies.

The caste system's influence in the workplace also perpetuates stereotypes and biases that can further deteriorate morale. Higher-caste individuals might be viewed or treated as inherently more competent or deserving, reinforcing biases that affect workplace interactions. This scenario is particularly demoralizing for those from lower castes or those who do not understand or engage with caste dynamics, leading to a less inclusive environment where everyone feels they must navigate complex social structures unrelated to their professional merit. Such an atmosphere can lead to high turnover, as employees seek workplaces where they can work without these additional layers of social complexity.

The growth of H-1B visas from India coupled with the importation of caste biases has had a multifaceted negative impact on technology workplace morale. It has increased job insecurity, introduced cultural and social integration challenges, sparked legal battles over discrimination, stifled innovation due to reduced collaboration, and perpetuated harmful stereotypes. These issues collectively contribute to a workplace environment where morale is low, trust is eroded, and the focus on merit-based success is diluted. Addressing these challenges requires not just legal frameworks but also cultural sensitivity training, active promotion of inclusivity, and a reevaluation of hiring practices to ensure they are based on merit rather than socio-cultural affiliations. Only then can the tech industry hope to restore morale and foster an environment where all employees feel valued and motivated to contribute to their full potential.

Editorial comments expressed in this column are the sole opinion of the writer.
 
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