IBM Global Services Reportedly Cited for Visa Fraud in India

Don Tennant

The U.S. embassy in New Delhi temporarily suspended IBM Global Services from a program that expedites applications for temporary work visas because some of its applications were fraudulent, an Indian media outlet has reported.

 

Reporters at livemint.com in New Delhi, a media partner of The Wall Street Journal, broke the story earlier this month. According to the report, four Indian companies and one U.S. company had been suspended, but the embassy declined to identify them. The report cited three "senior industry executives" who spoke on condition of anonymity and confirmed that the U.S. company was IBM Global Services, which was reportedly suspended and subsequently reinstated. The report said IBM Global Services refused to comment. Here's an excerpt that explains the issue:

According to minister counsellor for consular affairs James Herman, consular officials "detected they were committing fraud in some of their applications". Of the five companies, three have been reinstated, while two remain suspended. Herman refused to divulge names of any of the firms. "It's not releasable," he said. Mint could not confirm the names of the other firms. The officials said they were much smaller companies. Herman said this is the first time that he was aware of any participating company being suspended since the Business Executive Program (BEP) was launched in the 1990s. The US embassy couldn't conclusively confirm whether it had ever happened before. The programme-which expedites business-related visa applications and interviews for certain companies that send large numbers of employees to the US for business purposes-is only available to "major well-established companies" with offices in India that have "demonstrated a need for a significant number of visas per year", according to the BEP website.

The report referred to growing attempts in India to use "Blanket L" visas as a means of getting around tightened restrictions under the H-1B visa program:

According to Herman, the number of cases in which Indian and American companies with offices in India "appear to be attempting to circumvent H-1B visa restrictions by sending people from India to the US on Blanket L visas for work that doesn't qualify under the Blanket L visa category-especially as related to the requirement on "specialized knowledge"-has been on the rise. They report similar abuses regarding business visas. Accordingly, the refusal rate for Blanket L visas issued to Indian nationals has spiked from 2-3% to 20% within the past two years, according to Herman. The refusal rate for business visas is also on the rise. The US embassy does not keep statistics on the number of turnarounds-people denied entry into the US at ports of entry due to visa discrepancies-but Herman said he believes it to be "significantly higher than before". While the refusal rate doesn't by definition indicate fraud, "it's a concern because it appears that some companies are trying to find a way to circumvent the Blanket L guidelines".


Add Comment      Leave a comment on this blog post
Apr 26, 2011 1:14 AM Dolores Dolores  says:

Be sure and visit www.endicottalliance.org/ to keep up to date on all the OTHER ghastly things IBM does that harm American workers.

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Apr 26, 2011 2:00 AM hoapres hoapres  says: in response to Dolores

IBM aka Indian Business Machines

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Apr 26, 2011 3:45 AM Warior Warior  says: in response to hoapres

IBM = Indian Bogus Machine

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Apr 26, 2011 8:09 AM Drunken Economist Drunken Economist  says:

Wow Don, where's your outrage? I'm surprised that you're not all over this as 'legalized human trafficking'.

Oh wait. I remember which blog I'm on. You'll candyass this story too.

Carry on,

-Drunky

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Apr 27, 2011 1:21 AM Bob Bob  says: in response to Bob

and I think it's counterproductive to carry past disputes into new articles

Don's written nothing objectionable in this article, and he's shining the light on something that desparately needs exposing, because the same crew is trying to expand guest worker visas now (as they always do)

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Apr 27, 2011 5:14 AM Fedup Fedup  says: in response to Bob

So what can we do about this? I am surprised that the Govt. still allows IT workers to be brought into this country when there are so many laid-off IT skilled workers with many years of experience, still looking for jobs. I know the Indian companies are upto no good when it comes to hiring practices. There are stories of how they get contracts from Hiring managers. How does IBM justify that they cannot find qualified candidates here in the US?

One way out is to elect D.Trump as president!

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Apr 27, 2011 5:51 AM Warior Warior  says:
Apr 27, 2011 11:08 AM Don Tennant Don Tennant  says: in response to Bob

I don't know what this guy wrote, because it's been a long time since I've bothered reading what he writes, but I'm blown away whenever I see someone with the guts to challenge the haters. I never, ever used to see it, and now I'm seeing it more and more. It's a good thing. I appreciate it, not because I personally care what people like that write, but because it's the right thing to do. And I know a lot of readers who are getting kind of tired of that stuff appreciate it, too.

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Apr 27, 2011 11:27 AM JustAnotherGuyd JustAnotherGuyd  says:

They need to investigate Infosys with L1 Visa violations.

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Apr 27, 2011 11:28 AM SAM SAM  says:

India is always doing such froud.  In canada, as per the information they were showing marriage document with Daughter and father, shocking bad news.

They do make lots of froud documents.  I noticed someone doesnot have a academic document, they made university transcript..............Its corrupt country.....

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Apr 27, 2011 11:48 AM EngiNERD EngiNERD  says:

Do a GOOGLE  search:

India Visa Fraud

See what  turns up!

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Apr 27, 2011 12:23 PM Bob Bob  says: in response to Drunken Economist

Drunk_econ,

hey, at least Don's reporting it, give him that

as far as the mainstream media is concerned, this fraud doesn't exist, and the H-1b type programs are nothing but a gift to the American citizen 'to keep us competative'

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Apr 27, 2011 12:26 PM Richard Richard  says:

I have worked in Silicon Valley for over 20 years and was involved with many Indian and US firms that gained jobs for Indian IT workers, knowing that they were lying on H1 applications. Zoe Loftgren is the real culprit who worked with CISCO Systems, Oracle, Sun, Microsoft, and the VC on Sand Hill Road; to bring in low wage Indian Software workers to launch Software Applications quickly and at low cost. This was a DEMOCRAT PARTY AGENDA! Now Wipro, Tata, and IBM continue to replace American born Software Engineers with Chinese and Indian works.

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Apr 29, 2011 1:58 AM Bob Bob  says: in response to Bob

"I've always felt free to praise or criticize anyone"

"agree or disagree with anyone" would have been a better choice of words, more what I really meant

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Apr 29, 2011 5:06 AM Warior Warior  says:

Here they go, another castrated callaborator like Don Tenant.

blogs.forbes.com/henrychesbrough/2011/04/28/the-war-for-talent-and-

open-innovation/

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Apr 29, 2011 12:25 PM Bob Bob  says: in response to Don Tennant

you're welcome, Don

I've always believe in judging actions by what's right, not who's right, and I've always felt free to praise or criticize anyone.  Senator Grassley's record on H-1b was not good, but he came around and now he's the best

that said, i find i am getting very weary of this issue - i have felt this is a labor model that can pretty much wipe out a great deal of white collar, Allen Blinder (former fed board member) pretty much said just that as may as 30 million jobs

but sadly, the USA is pretty much an 'i've got mine', or 'i'm ok with it as long as my job is safe (for the moment)' mentality.  if non tech people cant see this as a threat to their own job, it's not my responsibility to care more about their security than they do

I've been at this a very long time but I feel i've reached this point, to borrow some lines from the movie 'titanic'

"Men you have done your full duty. You can do no more. Abandon your Cabin. Now it's every man for himself."

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Sep 1, 2011 9:36 AM Wakjob Wakjob  says:

IBM == Indian Bowel amovement.

They are being sued for $867 million by the state of IN for a massive faioed welfare system. IBM is 71% Indian workers. Fraud is IBM's middle name.

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Nov 2, 2011 9:26 AM NOT SO FAST RICHARD! NOT SO FAST RICHARD!  says: in response to Richard

GOP Advances Bill to Help China, India Tech Grads

www.cio.com/article/692701/GOP_Advances_Bill_to_Help_China_India_Tech_Grads?taxonomyId=3195

Computerworld - WASHINGTON - A key House committee this week approved a Republican-sponsored high-skill immigration bill intended to help advanced degree holders in India and China get green cards to work in the U.S.

The bill, advanced by the House Judiciary Committee, eliminates per-country limits without changing the overall cap.The limits have created long wait times for applicants in countries where the demand for green cards is high.The bill needs action by the full House and Senate before it can reach President Obama's desk.

The federal government sets a cap of 140,000 employment-based green cards a year, with no more than 7% from any single country.Because demand is highest for advanced degree holders from India and China, the per-country cap has meant delays for residents of those two nations of at least four years for a green card.By contrast, people from most other countries with advanced degrees have little wait.

The per-country caps will be eliminated if the bill, the "Fairness for High-Skilled Immigrants Act" (H.R.3012), becomes law.But what may be called fair by some, isn't seen as such by others.

In a letter for committee leaders, the Korean-American Scientists and Engineers Association said the law would create a two-year wait for Koreans who get science, technology, engineering or math (STEM) degrees from universities in the U.S.It urged the committee "not to force engineers from Korea to wait additional two years in their immigration process to get green cards."

The legislation was introduced by U.S.Rep.Jason Chaffetz (R-Utah), and was backed by the committee chair, Rep.Lamar Smith (R-Texas).

"This legislation makes sense," Smith said in a statement Thursday."Why should American employers who seek green cards for skilled foreign workers have to wait longer just because the workers are from India or China?"

Ron Hira, a public policy professor at the Rochester Institute of Technology in New York, said that by relaxing the per-country limits, Congress is placing a priority on EB-2, or advanced degree-holder, green card applicants."This especially helps those workers from India and China waiting in line," he said.

"This tilts the employment-based green card preferences towards higher-skilled workers, which is a good thing," said Hira of H.R.3012."There is of course, much more work that needs to be done.Hopefully, Congress will next turn to helping American high-tech workers by closing the obvious and enormous loopholes in the H-1B, L-1, B-1, and J-1 guest worker programs."

The IEEE-USA supports lifting per-country caps, but wants lawmakers to take a broader approach by giving green cards to students who graduate from U.S.universities with so-called STEM degrees.

"The country-cap only approach will have no net impact on the American economy at all," said the IEEE-USA, in a letter from its president, Ronald Jensen."No American jobs or companies will be created.And the enormous economic potential found in a well-crafted reform bill will have been squandered."

There are two bills , one from U.S.Rep.Zoe Lofgren (D-Calif.), and another, narrower, but similar bill from U.S. Reply

Nov 2, 2011 9:26 AM NOT SO FAST RICHARD! NOT SO FAST RICHARD!  says: in response to Richard
Rep.Raul Labrador (R-Idaho), that would grant green cards to U.S.STEM grads with job offers.

Proponents of that approach characterize it as a job-creation strategy, because it helps retains U.S.-trained foreign workers.Opponents warn that green cards in exchange for jobs could have unintended consequences and lead to diploma mills.

Backers estimate that green cards for STEM grads will lead to about 50,000 new green cards a year, about half for the STEM graduate and the remainder for family members.Opponents say that estimate may under count the actual impact.

On the elimination of the per-country cap, John Miano, the founder of the Programmers Guild, said the cap, established in 1965, set up a diversity system "to make immigration look like the world." By eliminating the cap, "we have an act that sets up a system to make immigration look like India and China."

Patrick Thibodeau covers cloud computing and enterprise applications, outsourcing, government IT policies, data centers and IT workforce issues for Computerworld.Follow Patrick on Twitter at @DCgov or subscribe to Patrick's RSS feed .His e-mail address is pthibodeau@computerworld.com .

Read more about gov't legislation/regulation in Computerworld's Gov't Legislation/Regulation Topic Center.

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Dec 17, 2011 6:47 AM Dkmao Dkmao  says:

IBM: I Buy Mainframes

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May 7, 2012 3:01 AM Deepak Deepak  says:

Business Immigration Visa assists businessmen and investors (High Net-worth

Individuals/HNIs), residing in any part of the world, willing to make an investment in a

foreign country and at the same time wanting to obtain residency/permanent immigration of

that country.

visit businessimmigrationvisa.com/ for details

Reply

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