Getting Gratifyingly Hard-Nosed About H-1B Compliance Enforcement

Don Tennant

One of the most encouraging developments related to the ongoing fraud and abuse afflicting the H-1B visa program is the boots-on-the ground approach being taken by the administration to solve the problems. Word is getting around that the feds are stepping up site visits to enforce compliance with H-1B rules and regulations, and there's finally some urgency for employers to get their acts together.

 

The January/February 2010 issue of Business Law Today, a publication of the American Bar Association, is reporting that employers can expect much more intensive scrutiny of their H-1B compliance:

The administration has pledged to aggressively investigate employers and pursue criminal enforcement wherever possible. While criminal enforcement against employers who hire unauthorized workers began under the Bush administration, recently criminal enforcement actions also have been brought in the H-1B context for egregious violations. The Obama administration has stated that, even more so than the prior administration, the focus will be on employer compliance with immigration rules.

The article went on to stress that the effort has some big guns behind it:

Employers can expect to see increased enforcement in this area by an energized and invigorated [Department of Labor] under the Obama administration. Indeed, it was recently reported that 250 new investigators are being hired by the DOL - additional hiring that will increase the staff in the division by more than a third. President Obama's new labor secretary, Hilda Solis, has asserted that she will aggressively pursue violations, stating, "There is a new sheriff in town."

This stepped-up enforcement seems to be getting a lot of attention in the legal community; my sense is that it's generally accepted within that community that employer compliance with H-1B regulations has been lax, at best. What's troubling is that I haven't seen any real indication that legal types are all that bothered by the laxity.

 

In the November 2009 issue of Workforce Management (free registration required), immigration attorneys Maggie Murphy and Delisa Futch provided employers with step-by-step guidelines on how to handle the feds if they come knocking. I might have been reading too much into it, but it was almost as if the people whose job it is to fix the compliance problems are being cast as the bad guys. Here's an excerpt to show you what I mean:

Based on reports from numerous employers of all sizes, Citizenship and Immigration Services has launched a full-scale operation designed to investigate H-1B employers. The operation involves scrutiny of all information provided with an H-1B filing. Although Citizenship and Immigration Services is not specifically authorized by regulation to enter the workplace and "investigate" H-1B employers, refusal to cooperate may trigger a larger-scale investigation if the agency alerts ICE or the Department of Labor to possible fraud allegations. Such investigations could lead DOL to scrutinize future petitions more heavily or even revoke them, thus revoking non-immigrant status and work authorization. In most of the site-visit cases reported in July and August 2009, the investigators appeared with little or no notice to the employer. Decide in advance who the "first responders" will be and who will address any government visitors. The investigators will normally enter the work site through the main entrance, so whoever comes in contact with the public initially should be instructed to notify the first responder immediately and should refrain from discussing any company or employee information with the investigator.

Clearly, people who hire employees on H-1B visas are entitled to good legal advice, and the fact that these attorneys are providing this information is a good thing. But again, I just can't help but get the sense that there's a "circle the wagons" mentality at play here that doesn't give proper attention to the scourge of H-1B abuse. It's almost as if the legal mind set is that non-compliance isn't so much the problem as being caught in non-compliance is.


 

I had an e-mail exchange on this topic earlier this week with Annika Hylmo, an organizational strategy consultant and founder of The Insight Generation in Los Angeles. She noted that non-compliance isn't necessarily intentional, and the site visits are likely to strain the resources of smaller companies that are already having a tough go of it in today's economy:

Most large corporations wouldn't dream of not being compliant, and have extended use of legal resources to ensure that they are. So I'm assuming that if there is a problem, it would fall to smaller and midsized companies with fewer resources in that area. A small company is less likely to have an on-staff labor attorney, for example.

 

What I do think is that with increased checks there may be a feeling of [being overwhelmed], as in, "We're really busy and now there is one more thing that we have to deal with," and perhaps an overstated need to be cautious. The threat, if you will, is likely to be people feeling like there is more thing on their plate to deal with than before (this may be just a perception), wanting to do a good job, and feeling stressed about it all. Companies that have been dealing with a lot of change in the last year or so may be more prone to this.

In any case, the administration is to be applauded for taking a more aggressive approach to H-1B compliance enforcement. Any company that's found to be non-compliant should be held fully accountable, and should suffer consequences that would prevent a recurrence. There are too many good people out of work, and too many good H-1B visa holders whose livelihoods are tied to the legitimacy of the program, for this problem not to be given the serious attention it warrants.



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Jan 28, 2010 6:03 AM POed Lib POed Lib  says:

"What's troubling is that I haven't seen any real indication that  legal types are all that bothered by the laxity."

Are you serious?  Is this a joke?

Here is the money quote, from Upton Sinclair:

"It is difficult to get a man to understand something, when his salary depends upon his not understanding it!"

Many attorneys make a fantastic living making it possible for illegals to come in and take H-1B positions.  You are asking them to raise legal ethics over their salary.

Na ga dot.

Reply
Jan 28, 2010 6:44 AM AccuracyIT AccuracyIT  says:

It should be easy to start a compliance list of list of shops to visit.  Begin by using the list of Top 10 H1B users and most are Indian body shops.  That right there will net probably 25% of the abuse & non-compliance.

Reply
Jan 28, 2010 7:10 AM R. Lawson R. Lawson  says:

Glad that compliance efforts are being stepped up.  However, this is a result of this administration being more vigilant than the last.

We don't want compliance to depend on which political party holds office.  We still need reforms to the law so that we aren't relying on an administration - who may be distracted by the latest crises - to police the program.

This is not a solution to the problem.  It is a temporary remedy (that doesn't go far enough).

Reply
Jan 29, 2010 1:10 AM n6532l n6532l  says:

Enforcement of the H-1B rules is a peripheral issue.  Perfect enforcement of the H-1B rules will not move one single American from unemployment to a job.   The problem with the H-1B, as the Department of labor puts it is that

"H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of the foreign worker." 

Or as Senator Bernie Sanders (I-Vt.) puts it

"What many of us have come to understand is that these H-1B visas are not being used to supplement the American workforce where we have shortages but, rather, H1-B visas are being used to replace American workers with lower cost foreign workers."

Or as Nobel economist Milton Friedman put it

"There is no doubt, that the program is a benefit to their employers, enabling them to get workers at a lower wage, and to that extent, it is a subsidy." 

Enforcement in important to which employers get H-1Bs not the number of jobs Americans lose.

Reply
Jan 29, 2010 4:53 AM P Henry P Henry  says: in response to n6532l

@n65321

very well put.

Reply
Jan 29, 2010 5:17 AM ComplexNumbers ComplexNumbers  says:

END THE H1B GUEST WORKER OBSCENITY !

REPATRIATE ALL GUEST WORKERS

AMERICAN JOBS FOR AMERICAN WORKERS !

Along with jailing employers who hire H1B workers...jail the lawyers who filed the visa application. 10 Years with no parole. send them to a maximum security prsion and brand them with a "T" for traitor.

Reply
Jan 29, 2010 6:08 AM Don Tennant Don Tennant  says: in response to ComplexNumbers

OK, let me get this straight. It is your contention that all lawyers who file visa applications for H-1B workers should be sent to a maximum-security prison for 10 years without parole, and should be branded with a T' for traitor. Wow.

Can you not see that this is exactly the sort of thing that enables people who abuse the system to point to in order to make the argument that those who want to fix the system are lunatics? Can you not see how much damage this inflicts on the effort to solve the problem?

Reply
Jan 29, 2010 7:11 AM J. L J. L  says:

The January 8th USCIS memo defining Employer-Employee relationship and the 25,000+ Site inspections is going to put a real dent into the problem. My guess come May/June a lot of people are going to start scrambling to find American IT works.

Reply
Jan 29, 2010 8:13 AM n6532l n6532l  says: in response to Don Tennant

I agree with Mr. Tennant about this.  The case against the H-1B is compelling and straying from the facts harms it.  Supporters have got to fudge the facts.  Not opponents.

Look at the transformations supports have used. They started with shortage and prevailing wage. As little as two years ago that one was still making the rounds.  Now a quick look at the comments of any article shouting shortage shows few believe it.  Then they went to the best and brightest claim.  Dr. Norman Matloff shoot that down with the industry's own data by comparing what they paid H-1B with the pay for average workers.  Of late supporters, especially Vivek Wadhwa, are making a last stand with a cry of racism.

The comments on H-1B articles are night and day different now from what they were in 2003 when I first started paying attention. Back then most articles about the H-1B were rehashed industry press releases.  No more.

I think the change in the H-1B will come about when politicians have to listen to parents complain about paying for a four year degree in engineering and seeing their child unable to find a job while H-1Bs get hired.   

Reply
Feb 2, 2010 3:24 AM Dave Chapman Dave Chapman  says: in response to Don Tennant

I think that this guy is closer to majority opinion than you are. 

The harsh fact is that, with unemployment well into double digits, attempting to "reform" H1B will be interpreted as foot-dragging and will not produce good results. 

The public knows that most of the pro-H1B speakers are crooks and liars, and they know that these people are guilty of perjury and immigration fraud, at a minimum.  Jail would be the right place to put them. 

The immigration issue is about to boil over, and I can tell you two things:  First, if you-all do not make a deal with me, then you will have to deal with people like "Complex".  Second, if there is a new immigration bill in the next 18 months, you can kiss all of the "Guest Worker" programs goodbye.  You'll be lucky if we still have J-1 visas.

Here's some bumper stickers you may be seeing soon:

H1-B Means Cheap Slave Labor

Build a Wall.  Deport 'em All.

Anna Eshoo Stole My Job

H1-B Go Home

H1-Bs are Half-Priced Half-Wits

This is going to get rather ugly.

-Dave Chapman

Reply
Feb 3, 2010 3:41 AM Maverick Maverick  says: in response to Dave Chapman

Well, if we need to create jobs for more Americans, shouldnt we also target illegal Latino (Mexicans, etc.) immigration.

This is much easier to target: these illegals have no documentation whatsover, not even passports very often.

Look at the potential of sheer number of jobs : potentially approx 10 million plus jobs can be opened up for us Americans.

Reply
Feb 4, 2010 3:40 AM Dr. Concerned Dr. Concerned  says:

This xenophobia is perfect example of american ignorance.

Get the facts right, an H1B visa holder must get by law the same wage as an american worker.

The american school system is so bad that the most people wouldn't find a specific country on a map not to mention how to write a international date format even when it is written correctly in an american passport. This is just the top of lack of international knowledge. You need this knowledge in this modern world to be international competitive.

Whats next the green card holders?

Green card holders and H1B visa holders together of the last 10 years are paying every year $ 14 Billion Taxes. Which also was a part of the Bail-out money that saved a lot of american job and a lot of american companies.

I don't say that there are no black sheeps, but don't generalize.

And which law protects the H1B visa holders if they become a victim by their employers, if they want to stay in this country they are not allowed to take legal actions. What about making a law for such cases.

I don't think that this is what's written in the constitution! Or is the constitution just for americans?

This xenophobia is a dangerous game and similar to what happend in Germany in the 1930's and the educated people know the results.

And why don't call back all american citizens who are working in foreign countries and paying taxes there, before you decide to starting a witch-hunt against foreigners who are a strong part of this country.

Reply
Feb 6, 2010 4:46 AM IOnGov IOnGov  says: in response to Dr. Concerned

To "Dr. Concerned"

You wrote:

"Get the facts right, an H1B visa holder must get by law the same wage as an American worker."

I think YOU need to "Get the facts right".  If you had spent a bit of time actually RESEARCHING WHAT THE ARGUMENTS ACTUALLY ARE FOR THE ANTI-H-1B SIDE, you would find out that:

1.  The wage guidelines for H-1B "guest" workers are so weak that they provide virtually no protection at all to the American worker.

2.  No attempt is made whatsoever to verify an employer's claim that they are actually paying the same wage as an American worker.  The employer's word that they are complying with the weak salary guidelines is automatically taken to be correct without any verification.

3.  Historically, there has been almost no enforcement of the wage guidelines.

Sure, there is a "law", if you could call it that.  But much like our tax laws THE LAW YOU SPEAK OF IS FULL OF LOOPHOLES AND HAS NOT BEEN ENFORCED.  You are acting as if a law on the books equates to no violations of that law.  That is about as valid as saying "Since we have laws against illegal immigration, there are no illegal immigrants residing in this country."  The actual FACT OF THE MATTER is that there is RAMPANT violation of our immigration laws, and the GOVERNMENT HAS DONE LITTLE TO ENFORCE THOSE LAWS.  In the case of H-1B, the equal wage requirement IS SO LOOSELY WRITTEN THAT IT IS VIRTUALLY UNENFORCEABLE.

Reply
Feb 6, 2010 4:54 AM IOnGov IOnGov  says: in response to Dr. Concerned

To "Dr.Concerned"

ADDRESSING YOUR XENOPHOBIA CHARGE:

Just because some racist comments are posted in a comments section on a particular issue does not mean that the entirety of one side or the other is racist. RACIST COMMENTS HAVE BEEN POSTED BY INDIVIDUALS ON BOTH SIDES OF THE ISSUE.

Your accusation is that being against the implementation of a particular visa program automatically makes the people against the visa program "xenophobes" or "racists". Although this may work to arouse emotions in the people on your side of the issue, BY AUTOMATICALLY ACCUSING THE ANTI-H-1B SIDE OF RACISM JUST BECAUSE THEY ARE AGAINST YOUR POSITION IS TANTAMOUNT TO BEING A RACIST YOURSELF.

Sure, the people YOU ARE DISCRIMINATING AGAINST here are not divided on racial lines;but instead are a group of people whose job opportunities have been UNFAIRLY ADVERSELY AFFECTED BY A VISA PROGRAM THAT CREATED A CLASS OF FOREIGN GUEST WORKERS THAT CAN BE EXPLOITED SPECIFICALLY DUE TO THE PROVISIONS OF THE H-1B PROGRAM.

The following passage from "Debunking the Myth of a Desperate Software Labor Shortage" (Congressional Testimony) (heather.cs.ucdavis.edu/itaa.real.pdf) SECTION 2.3.5 A Bill Passed in Stealth describes how A SPECIFIC VERSION OF THE H-1B BILL THAT INCLUDED WORKER PROTECTIONS FOR H-1B WORKERS WAS KILLED OFF IN FAVOR OF A VERSION OF THE BILL THAT HAD LESS WORKER PROTECTIONS FOR THE H-1B. This allowed corporate interests to have more control in their ability to exploit H-1B workers.

SECTION 2.3.5 A Bill Passed in Stealth states:

"In the morning of October 3, 2000, the Senate passed its version of the H-1B bill.At that time, two versions existed in the House, by Rep.Lamar Smith and Rep.David Dreier, both Republicans.Industry liked the Dreier bill (which was largely similar to the Senate version) and was adamantly opposed to the Smith bill, as the latter would have imposed various worker protections.The Smith bill, though, had the upper hand in the parliamentary sense, as it already passed through the proper committees.

That afternoon, it was announced in the House that no vote would be taken on the H-1B issue that day, so the congresspeople went home.Yet a vote actually was taken that evening, with only 40 congresspeople present out of a membership of 435.In addition, the vote was on the Senate bill, adopted whole, instead of either the Smith or Dreier versions, thus slickly solving the problem of what to do with the Smith bill."

Here is how the incident was reported by the Cox News Service, dateline October 3, 2000:

WASHINGTON - The speed - and stealth - with which the House voted Tuesday to increase visas for skilled foreign workers left one lawmaker shaking his head."Incredible," said Rep.Lloyd Doggett, D-Texas, a major supporter of increased visas...

Doggett, who had co-sponsored a bill to increase the so-called H-1B visas for foreign workers, gave this account of the evening:

"At about 3:30, it was announced that there would be no further votes" on important issues in the House, he said.Because many lawmakers wanted to get home early to watch the presidential debates, nearly everyone left, he said.

"But at about 5:30, an e-mail was sent over here" announcing that an H-1B debate would begin shortly."I didn't see the email until about 6," he said.

Doggett said he scurried to the House floor, while other major supporters of the legislation also rushed back to Capitol Hill. Reply

Feb 6, 2010 4:54 AM IOnGov IOnGov  says: in response to Dr. Concerned
Using various procedural moves, the GOP leaders ended the debate quickly and called for a voice vote, even though the House was nearly empty.

IN OTHER WORDS, THROUGH YOUR CRIES OF XENOPHOBIA, YOU ARE INDIRECTLY DEFENDING THE RACIST AND DISCRIMINATORY MOTIVES OF VARIOUS POWERFUL CORPORATE INTERESTS AND DISTRACTING ATTENTION AWAY FROM GROUPS WHO ARE WORKING TO REFORM THE H-1B PROGRAM SO THAT BOTH U.S.WORKERS AND FOREIGN H-1B GUEST WORKERS GET ADEQUATE EMPLOYMENT PROTECTION.

One telling indicator of the situation is that 50% of foreign H-1B guest workers get LESS SALARY THAN AN AVERAGE U.S.STUDENT GETS ON HIS FIRST JOB WITH NO EXPERIENCE.

Also, most H-1B Information Technology workers are classified AT THE LOWEST SKILL LEVELS OF EMPLOYMENT-a sure indicator that job classifications for these workers are being manipulated by corporate employers seeking to classify these workers at lower skill levels than they are actually are.

All the while, these H-1B workers are being publicized as being at a super-high skill level that you just cannot find in the U.S.citizen workforce (studies by the Alfred P.Sloan Foundation, Duke, Harvard, Rand, and the Urban Institute all have found that there is NO SHORTAGE OF HIGHLY SKILLED U.S.CITIZEN WORKERS: see www.youtube.com/watch?v=9LXvGD5HgIg&;NR=1)

EXPLOITING THE LOOPHOLES IN THE H-1B LAW IS BIG BUSINE$$ FOR IMMIGRATION LAWYERS as shown in excerpts from a promotional video by the immigration law firm Cohen and Grigsby. This video describes how to rig a search for a qualified skilled U.S.worker so that it looks like the business tried but was unable to find a "qualified and interested U.S.worker".

"Our goal is CLEARLY NOT TO FIND A QUALIFIED AND INTERESTED U.S.WORKER...WE ARE COMPLYING WITH THE LAW FULLY."

www.youtube.com/watch?v=TCbFEgFajGU&;feature=related

See a profit motive here? Selling out U.S.workers is a BIG, MONEY MAKING BUSINE$$. Big Business and Immigration Lawyers lobby heavily to make sure that no changes are made to the highly discriminatory H-1B law, and most immigration interests just want as many U.S.jobs (visas) as they can get, AND THEY DON'T CARE IF U.S.WORKERS ARE HARMED IN THE PROCESS.

Treating H-1B and U.S.citizen skilled workers fairly would mean the END OF BELOW-MARKET RATE FOREIGN LABOR FOR U.S.BUSINESSES and a reduction in the number of H-1B skilled workers since U.S.workers would be more competitive in the market with a fair and level playing field. This means a reduction in the number of H-1B visas processed, causing a decline in immigration lawyer profits-the real reason immigration lawyers don't want to see H-1B laws changed.

Consider that the EMPLOYEES WORKING AT INDIAN OUTSOURCING "BODY SHOPS" ON U.S.SOIL CONSIST OF 80% - 100% INDIANS ON H-1B AND L-1 VISAS.

SO TELL ME-WHO ARE THE REAL RACISTS HERE?

THE H-1B REFORM LAWS PROPOSED MERELY ATTEMPT TO MAKE THESE COMPANIES MORE DIVERSE BY FORCING THESE COMPANIES TO HIRE AT LEAST 50% U.S.CITIZENS-AND THUS REFLECTING A MORE ACCURATE AND DIVERSE REFLECTION OF OUR SOCIETY.

Reply
Feb 8, 2010 5:45 AM IOnGov IOnGov  says: in response to Dr. Concerned

To "Dr.Concerned"

ADDRESSING YOUR XENOPHOBIA CHARGE:

Just because some racist comments are posted in a comments section on a particular issue does not mean that the entirety of one side or the other is racist. RACIST COMMENTS HAVE BEEN POSTED BY INDIVIDUALS ON BOTH SIDES OF THE ISSUE.

Your accusation is that being against the implementation of a particular visa program automatically makes the people against the visa program "xenophobes" or "racists". Although this may work to arouse emotions in the people on your side of the issue, BY AUTOMATICALLY ACCUSING THE ANTI-H-1B SIDE OF RACISM JUST BECAUSE THEY ARE AGAINST YOUR POSITION IS TANTAMOUNT TO BEING A RACIST YOURSELF.

Sure, the people YOU ARE DISCRIMINATING AGAINST here are not divided on racial lines;but instead are a group of people whose job opportunities have been UNFAIRLY ADVERSELY AFFECTED BY A VISA PROGRAM THAT CREATED A CLASS OF FOREIGN GUEST WORKERS THAT CAN BE EXPLOITED SPECIFICALLY DUE TO THE PROVISIONS OF THE H-1B PROGRAM.

The following passage from "Debunking the Myth of a Desperate Software Labor Shortage" (Congressional Testimony) (heather.cs.ucdavis.edu/itaa.real.pdf) SECTION 2.3.5 A Bill Passed in Stealth describes how A SPECIFIC VERSION OF THE H-1B BILL THAT INCLUDED WORKER PROTECTIONS FOR H-1B WORKERS WAS KILLED OFF IN FAVOR OF A VERSION OF THE BILL THAT HAD LESS WORKER PROTECTIONS FOR THE H-1B. This allowed corporate interests to have more control in their ability to exploit H-1B workers.

SECTION 2.3.5 A Bill Passed in Stealth states:

"In the morning of October 3, 2000, the Senate passed its version of the H-1B bill.At that time, two versions existed in the House, by Rep.Lamar Smith and Rep.David Dreier, both Republicans.Industry liked the Dreier bill (which was largely similar to the Senate version) and was adamantly opposed to the Smith bill, as the latter would have imposed various worker protections.The Smith bill, though, had the upper hand in the parliamentary sense, as it already passed through the proper committees.

That afternoon, it was announced in the House that no vote would be taken on the H-1B issue that day, so the congresspeople went home.Yet a vote actually was taken that evening, with only 40 congresspeople present out of a membership of 435.In addition, the vote was on the Senate bill, adopted whole, instead of either the Smith or Dreier versions, thus slickly solving the problem of what to do with the Smith bill."

Here is how the incident was reported by the Cox News Service, dateline October 3, 2000:

WASHINGTON - The speed - and stealth - with which the House voted Tuesday to increase

visas for skilled foreign workers left one lawmaker shaking his head."Incredible," said Rep.Lloyd Doggett, D-Texas, a major supporter of increased visas...

Doggett, who had co-sponsored a bill to increase the so-called H-1B visas for foreign workers,

gave this account of the evening:

"At about 3:30, it was announced that there would be no further votes" on important issues in

the House, he said.Because many lawmakers wanted to get home early to watch the presidential

debates, nearly everyone left, he said.

"But at about 5:30, an e-mail was sent over here" announcing that an H-1B debate would begin

shortly. Reply

Feb 8, 2010 5:45 AM IOnGov IOnGov  says: in response to Dr. Concerned
"I didn't see the email until about 6," he said.

Doggett said he scurried to the House floor, while other major supporters of the legislation also

rushed back to Capitol Hill.Using various procedural moves, the GOP leaders ended the debate

quickly and called for a voice vote, even though the House was nearly empty.

IN OTHER WORDS, THROUGH YOUR CRIES OF XENOPHOBIA, YOU ARE INDIRECTLY DEFENDING THE RACIST AND DISCRIMINATORY MOTIVES OF VARIOUS POWERFUL CORPORATE INTERESTS AND DISTRACTING ATTENTION AWAY FROM GROUPS WHO ARE WORKING TO REFORM THE H-1B PROGRAM SO THAT BOTH U.S.WORKERS AND FOREIGN H-1B GUEST WORKERS GET ADEQUATE EMPLOYMENT PROTECTION.

One telling indicator of the situation is that 50% of foreign H-1B guest workers get LESS SALARY THAN AN AVERAGE U.S.STUDENT GETS ON HIS FIRST JOB WITH NO EXPERIENCE.

Also, most H-1B Information Technology workers are classified AT THE LOWEST SKILL LEVELS OF EMPLOYMENT-a sure indicator that job classifications for these workers are being manipulated by corporate employers seeking to classify these workers at lower skill levels than they are actually are.

All the while, these H-1B workers are being publicized as being at a super-high skill level that you just cannot find in the U.S.citizen workforce (studies by the Alfred P.Sloan Foundation, Duke, Harvard, Rand, and the Urban Institute all have found that there is NO SHORTAGE OF HIGHLY SKILLED U.S.CITIZEN WORKERS: see www.youtube.com/watch?v=9LXvGD5HgIg&;NR=1)

EXPLOITING THE LOOPHOLES IN THE H-1B LAW IS BIG BUSINE$$ FOR IMMIGRATION LAWYERS as shown in excerpts from a promotional video by the immigration law firm Cohen and Grigsby. This video describes how to rig a search for a qualified skilled U.S.worker so that it looks like the business tried but was unable to find a "qualified and interested U.S.worker".

"Our goal is CLEARLY NOT TO FIND A QUALIFIED AND INTERESTED U.S.WORKER...WE ARE COMPLYING WITH THE LAW FULLY."

www.youtube.com/watch?v=TCbFEgFajGU&;feature=related

See a profit motive here? Selling out U.S.workers is a BIG, MONEY MAKING BUSINE$$. Big Business and Immigration Lawyers lobby heavily to make sure that no changes are made to the highly discriminatory H-1B law, and most immigration interests just want as many U.S.jobs (visas) as they can get, AND THEY DON'T CARE IF U.S.WORKERS ARE HARMED IN THE PROCESS.

Treating H-1B and U.S.citizen skilled workers fairly would mean the END OF BELOW-MARKET RATE FOREIGN LABOR FOR U.S.BUSINESSES and a reduction in the number of H-1B skilled workers since U.S.workers would be more competitive in the market with a fair and level playing field. This means a reduction in the number of H-1B visas processed, causing a decline in immigration lawyer profits-the real reason immigration lawyers don't want to see H-1B laws changed.

Consider that the EMPLOYEES WORKING AT INDIAN OUTSOURCING "BODY SHOPS" ON U.S.SOIL CONSIST OF 80% - 100% INDIANS ON H-1B AND L-1 VISAS.

SO TELL ME-WHO ARE THE REAL RACISTS HERE?

THE H-1B REFORM LAWS PROPOSED MERELY ATTEMPT TO MAKE THESE COMPANIES MORE DIVERSE BY FORCING THESE COMPANIES TO HIRE AT LEAST 50% U.S.CITIZENS-AND THUS REFLECTING A MORE ACCURATE AND DIVERSE REFLECTION OF OUR SOCIETY.

Reply
Feb 15, 2010 6:47 AM J.Jones J.Jones  says: in response to Dr. Concerned

Goodwin's law hits early.  Not even 20 posts before a "You is a nazi!" accusation.

Reply
Mar 1, 2010 10:53 AM Dr. Concerned Dr. Concerned  says: in response to J.Jones

@all

of you "fine educated" people!

Oxford Dictionary:

xenophobia / ?zen?'fobe?; ?zen?-/

. n. intense or irrational dislike or fear of people from other countries

racism / 'ra?siz?m/

. n. the belief that all members of each race possess characteristics or abilities specific to that race, esp. so as to distinguish it as inferior or superior to another race or races.

?  prejudice, discrimination, or antagonism directed against someone of a different race based on such a belief: a program to combat racism.

Nazi / 'ntse/

. n. (pl. Nazis ) hist. a member of the National Socialist German Workers' Party.

?  a member of an organization with similar ideology. ? derog. a person who holds and acts brutally in accordance with extreme racist or authoritarian views.

Before you comment be sure you understand the meaning of the words otherwise you make a fool of yourself.

I used the word "xenophobic" not racist or nazi.

And it is also very interresting how people try to defend themselfs against something that was never on the table just to continue their self deception.

No one responded how H1B visa holders are treated in this country and the other points. Maybe because egoistic and selfish people don't care?

You just proofed everthing I wrote before, thank you!

And by the way H1B visas are for people with university degrees only (Bachelor and Master and Ph.D. and M.D.) so these people are better educated than 85% of the US citizens and these fact is eating the most people from inside.

Have a great life with your LIMITED horizon!

Reply
Nov 7, 2010 12:50 PM Wakjob Wakjob  says: in response to Dr. Concerned

If you want to see xenophobia just go to YouTube and watch "An unhappy traveller in India".

India and China are the most racist countries on earth. In India there are LAWS on the books making it illegal to hire Americans there.

There are thousands of Indian H-1B managers in the U.S. deliberately denying jobs to qualified Americans simply because they are white and India has some hangup about white people because of the British colonization of India a few centuries ago.

What goes around, comes around.

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Nov 30, 2010 1:22 AM James James  says:

It is a disgrace that the USA is being sold down the river by US firms.  Bad enough that Indian companies, who come from a culture of scams, deceit and corruption would colude in this, but American companies are selling out the children and grandchildren of Americans.  All over the world, Indians are slipping their people into the population.  It is clear that the intial few wave degrees and references, many of which simply dont translate into actually being able to do anything useful, such as meet deadlines, budgets or deliver a quality product.  Wont go into communication abilities.  Most countries that have any Indian immigration would rather they hadnt started.  If these people are so well qualified, why is India such a corrupt slum.  This is what the future holds for countries that make them welcome.  Our children are going to wonder what we were thinking off when we let our guard down.  These are truly an awful people.

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