This one is from the vault, dedicated to the slumdog slave traders at Apex Technology Group, their fat fuck Desi boss, Sarvesh Kumar Dharayan, and their dumb wop lawyer, Patrick Papalia:

Twas Two Nights Before Christmas
-Ode to Tunnel Rat's Victory-

Twas two nights before Christmas, when all through the house
Champagne corks were popping, but not for that louse.
The one from New Jersey - that fat Hindi creep
Who hoped he could sue me but now he's in deep.

My New Jersey lawyer who could not be there,
While the judge threw the case out - all fair and square.
And the slave-driving Maderchod, who tried to ream me
Has now shined the light on his abuse of H-1B.

The techies were nestled all snug in their cubes,
Awaiting the verdict on these Apex boobs.
Away to my keyboard I stroked the good news,
Tore open the pantry and broke out the booze!

The moon exposed light on their labor petitions
Where they lied to the judge and made faulty admissions.
When, what to my wondering eyes should appear,
A text on my cellphone, that their time was near.

With a little old driver, like Tiger Woods' wife
I wanted to bash him, for trying to ruin my life.
More restraint followed, his coursers they came,
As the judge redeemed End-H1B, and restored my good name.

Now Dasher! Now, Dancer! Prancer and Vixen!
On, Comet! On, Cupid! on, on Donner and Blitzen!
To the front page of InfoWeek, to the top of Google Rank,
I sent this yule tiding “GO SUCK ON MY CRANK!”

And then, in a twinkling, I heard on the roof
That the rat bastard Hindi had jack shit for proof.
As I drew in my head, a sketch of his face,
Being blown up to bits all over the place!

He was messed up for sure, from his head to his neck,
And his clothes were all trashed, as he mailed me my check.
For MY lawyer fees, which he tried to elude
He hadn't expected to pay for me getting sued.

His eyes-how they winced! His expression was scary!
His ass-cheeks were straining, his news wasn't merry!
His droll, weasley mouth was drawn up like a bow,
As he looked like he was getting ready to blow.

He was creepy and plump, a quivering mass of jelly,
And I laughed when I heard curry hurled from his belly.
A wink from my friends that this case was now dead,
Soon gave me to know I had nothing to dread.

He spoke not a word, and when I went back to work,
I knew I had triumphed over this Maderchod jerk.
If Santa Claus gave me one of my wishes
This creep would be swimming with the New Jersey fishes!

I sprang on my way, to my pals gave a whistle,
That this mess is on them, like an old itchy thistle.
And he heard me exclaim, ‘ere he drove out of sight,
"Merry Christmas to all, Tunnel Rat won the fight!”

Don Tennant at ITBusinessEdge.com has been, until recently, a vigorous peddler of propaganda and lies supporting the slumdog slave trade. The insurgency has been hammering him hard for months, and obviously getting under his skin.  I've been banned from even reading his blog, and even politically correct, articulate insurgents like Donna Conroy of BrightFutureJobs.com have been admonished by "Mubai Don" for not toeing the party line when it comes to the Indian Outsourcing Regime.  He frequentlty baited and taunted American techies, going so far as to issue thinly-vield threats of blacklisting anybody who crossed him.

But recently, he started blogging about the crimes committed by Infosys, and the ethnic cleansing of Americans at Cisco, and something must have snapped.  Or perhaps some insurgents paid a visit to his Maine residence and asked him to ponder the wisdom of shipping young men his son's age to die in Iraq and Afghanistan while we import tons of young marble-mouthed retards from India to do nothing but chair warming and booger farming. 

Either way, here is his Mea Culpa:

I Was Wrong — The H-1B Visa Program Must Be Abolished

Posted by Don Tennant                Jun 6, 2011 9:35:59 PM

In the 10 years or so that I’ve been writing about the H-1B visa program, I have steadfastly argued that despite rampant abuse of the system, the positive contributions of many, many people here on H-1B visas warrant continued support of the program. I was wrong. The H-1B visa program needs to be abolished.

It has long been my view that our focus should be on fighting abuse of the program, rather than on fighting for its annihilation. I have been so sickened for so long by the hatefulness of anti-H-1B fanatics who have capitalized on the issue to spew anti-foreigner venom that I was compelled to find every reason I could to support what they hate. I have argued for years that the hatefulness is horribly damaging to the effort to fix the H-1B program, and I feel as strongly about that now as I ever have. But what I have come to recognize is that the H-1B program in irreparable. So I was wrong to support its continued existence.

It wasn’t an easy conclusion to come to. I remain humbled and inspired by the examples set by many families whose outstanding accomplishments here have been made possible by the H-1B program. I remain blown away by the fact the 60 percent of the finalists in the 2011 Intel Science Talent Search competition are the children of parents who came to the United States on H-1B visas, and I see absolutely no reason to try to discredit that competition or those findings as a means of discrediting the H-1B program. I remain blown away by the stories of people like Dan Simpelo, a high school senior in New City, N.Y., whose family came here from the Philippines four years ago, and whose father had come here two years earlier on an H-1B visa. Dan, whose first language is not English, was the valedictorian of his graduating class of 390 seniors. It’s very difficult for me to call for the abolition of a visa program that has made stories like that possible. But I had no choice.

What changed for me is that finally — finally — the voice of reason has drowned out the voice of hate. There’s no better example than the string of hundreds of reader comments that were contributed in response to my recent post, "Will H-1B Visa Holders Feel the Pain of Impending Cisco Layoffs?" Yes, that reader commentary was spiked with the requisite bickering and mean-spiritedness that have marred the discussion on both sides all along. But what predominated was reasoned, compelling, substantiated information contributed by knowledgeable, thoughtful individuals whose inclination is to challenge and document abuse of the program rather than deride and lambast the individuals who hold the visas the program has created.

One of the most reasoned, sensible and articulate voices in opposition to the H-1B program has been that of Roy Lawson, a software developer in Florida who regularly contributes his commentary to the postings here. He made several comments in response to the aforementioned post, none more important than the one in which he conveyed this viewpoint:

I believe [the H-1B program] is flawed beyond repair, and as such it needs to be abolished in favor of something smarter. I believe that corporations should not be immigration middle-men. Immigration is about something much more pure and sacrosanct than corporate profits. I believe it needs to be abolished in favor of permanent immigration, self sponsorship as opposed to corporate sponsorship, the favoring of relatives (families) over new immigrants, and sustainable numbers. I would limit new immigration to 25% of net job gains each year. In years where we have job loss, I would restrict immigration. Finally, certainly more people would apply than we have openings for. I would make the acceptance based on merit, not first come or a lottery. … My case is about economics and national interest, and has nothing to do with race. In fact, I want greater protections for immigrants. I believe the reason they are so easily exploited is because of corporate sponsorship. Green cards (in sustainable numbers) would make them equal players in the labor market. An H-1b visa amounts to second class labor and corporate sponsorship gives companies leverage against your wages and salary. This hurts you directly and it hurts us indirectly – because we now must compete against workers who are easily exploited.

While some of his points are fodder for additional legitimate debate, in essence, Roy is right. I want to express my thanks to him and to all of the other readers who have worked so diligently to make the anti-H-1B argument not only in a way that is convincing, but in a way that upholds the principles of honor, compassion, fairness and decency that our country stands for. I’m proud to join you in opposition to the H-1B program.

Don cites Roy Lawson as his saviour.  Roy used to be a finger wagging scold in the movement, contantly harping on the insurgents to stop talking about the Indians, but of late Roy has trafficked heavily in the connection between Hindoos and Nazis, and the caste system that is part of the slumdog DNA.  As I always say, I'd rather be perceived a racist than confirmed a coward.

Now, the shills for the H-1B visa are few and far between.  Most don't need the redicule and shaming (and even death threats) that come with a puff-piece proclaiming the intellectual superiority of slumdogs and the lie that we need them to run our IT departments.  Business Week had Moira Herbst and Steve Hamm (and Vivek Fraudwha) who made up what I used to call the Tandoori Trifecta, but now all that is left to peddle the NASSCOM lies is the Punjabi Professor.  Moira interviewed me by phone, and then her editor had to make a groveling apology to IVers who threatened to rape her and throw acid in his face if they did not remove the link to my blog.  She hasn't been heard from since Bloomberg bought Business Week.  As for Steve Hamm, who, after spending years working as a shill for NASSCOM, did a hard-hitting piece called "America's High-Tech Sweatshops" and then ran off work at Indian Bowel Movement (IBM).

Even NASSCOM agent Vivek Wadhwa has tired of the threats and stalking that come with the territory, and slinked off to the Washington Post to write mushy crap about "innovation" and "immigrants" with not a mention of fuckin' H-1Bs.  Fellow Desi shill Farhad Manjoo regurgitated one article with Wadhwa's lies, and was last seen crying to the FBI and blogging on Slate about the lastest iPhone.

There really is nothing left for the H-1Bs now.  They are slowly getting shitcanned at American companies, and forced to become illegal aliens, working at motels, cigar shops, and dry cleaners.  Of course, that beats the hell out of going back to India, which even the enlightened New York Times has deemed a stinking shithole full feral racist scum.  Even at Vivek's new home at the Washington Post, over 700 commenters countered the biased notion that H-1Bs are somehow smarter than the locals.  The Hispanics are also getting the hint, and are tiring of being denigrated as criminals by the chest-thumping Indians that proclaim themselves to be the "better brown immigrants."

THERE WILL BE RETRIBUTION

Man, it has been so peaceful lately.  I think all the slumdogs at Immigration Voice that used to harass me finally got deported.  No more death threats, no more creepy emails, no more posts on their forum to "get" me. 

You can notice the difference whenever an H-1B related article comes out.  The slumdogs are completely outnumbered and pretty much silent.  American techies are now vocal and militant, and flood the comment sections.  No more surly posts written in Hinglish about how dumb Americans are, and how Indians will rule the world. 

Good riddance.

Meanwhile, I am hunting for a lawyer to file an anti-SLAPP suit in California against Apex so that I can recover my legal costs and damages.  If you know of anyone, send me an email.

In the meantime, I offer you this pathetic video I found on YouTube, featuring none other than fat fuck Sarvesh Kumar Dharayan.  Just look at all the slumdogs -- not a cracker in sight.  It is one hell of a curry den!

I got a big spike in traffic from the rabid scum at Immigration Voice, and they think my comments about Patriot Joe Stack warrant some sort of FBI investigation:

Man, these slumdogs are the dumbest creatures on the fuckin' planet.  BTW, I have been in touch with the FBI and other federal agencies, and they all want my help on countering the rampant fraud amongst in the H-1B program.  They have taken a special interest in Immigration Voice members, who share tips on how to "get" so called "antis" like myself.  They are very disturbed by the death threats coming from the domain that can be traced to immigrationvoice.org.  And they really want to know why the Desi scumbags at Apex Technology Group, run by Sarvesh Kumar Dharayan, and Visa USA, a criminal enterprise packed with dotheads and cracker collaborators, are so busy discriminating against Americans.

Geez, those fuckers at IV are utterly terrified of me, a hard working, successful professional in the I.T. industry.  All I dared to do was expose the bigotry, corruption, and inherent moral turpitude of their culture.  For that, they want to kill me, rape my daughter, and throw acid in the face of my wife.  Shit, where is a good Paki terrorist when you need one?

No slumdog, it is YOU that will be arrested and questioned.  And I do have a very sophisticated IP traffic monitor in place, so all of you slumdogs should use an IP filter to surf my site.

I was going over my blog referrers and I found this nugget from about a year ago:

Life in America - Indian Software Engineer Visits USA

This guy seems like a nice Indian.  For one, he can write English above a 3rd grade level.  One of the reasons we Americans hate slumdogs is that their communication skills absolutely suck, and they don't seem to be trying to improve them.  They refuse to use punctuation, and even verbally they speak too fast for their meager capabilities.

Secondly, this guy came for two years, worked, and got the fuck out of America.  I think that was the goal of the H-1B program -- to fill short term labor shortages in skilled sectors.  As opposed to showing up in the USA after a 3-week crash course in programming, doing 6-months of "knowledge transfer" from an American, getting a collaborator American I.T. manager to purge all the locals, and then spending their work days flooding the boards of Dice.com, Immigration Voice, and trackitt, bitching about how you can't get a green card, boasting in Hinglish about how great Indians are and how dumb Americans are, and sending death threats to American citizens. 

This guy makes some good points, stuff that I have been talking about for quite awhile:

3.Desi's hate Desi's: Do you believe this !!
Contrary to my initial belief, I was surprised to find this out that unknown Indians do not like each other too much, I had actually thought that Indian people would like each other more in a foreign country. Let me clarify, people who you know well are not jealous of you, you still share a good relationship with them, but if you go in shopping malls, library or grocery stores, there will be Caucasians (white or gora people) who will say "Hi!" to you, but when you cross an unknown desi, they will 99% times ignore you. They will not mind to say "Hi!" to other white guys but just not Indians (Why ??). Indian software Engineers hate working under Indian Managers because most Indian managers try to assign more work to their Indian counterparts then others. When interviewing a candidate for a job, Indians will ask the most difficult questions to fellow desi's than they would ask to people from other communities. the only time I had a more friendlier experience was when I went to an Indian community mela / function.

Actually, I think Indians first instinct is to hate anyone that is not in their immediate family, and then anyone that is not in their caste, and then anyone who is not in the same tribe.  Pretty good at hating, those Indians.

6. Racism.. Not Much:
Racism in America is quite low especially when compared to UK, there are people who you may find a bit racist but their percentage is quite low. They certainly do not like the idea of people on H1 and L1 visa's as most consider that those visa's are taking their jobs away. Similarly, American's are also not too happy when they are transferred to Call Centers in India because many representatives have a strong Indian accent.

Hating slumdogs is not racist -- it is an American obligation and demonstrates patriotism, good business sense, and is an appropriate career move, in light of the current invasion we are facing.

8. Exaggerated Resume:
Many software engineers who were especially working for Desi consulting companies and were new to US, are often told to exaggerate things in their resume. Some go even to an extent of showing false US work experience, but this practice seems to be slowing down a lot.

NO SHIT, SHERLOCK

10. American workers value life outside work:
It was not uncommon for an American colleagues to take a day off because they had to take their dog for a medical checkup or is their child had a soccer match. If an American person is told to work on a weekend, he does not appreciate it very much. Most people are quite sincere during their 8 hours of work.

It is tragic that we have to make this clear to our collaborator I.T. execs and the Indian invaders.  But this is a good point to make in the online forums -- working with Indians sucks because they have nothing else to do.  They live out of a suitcase in a motel, for Christ's sake.  What else are they going to do except work?  And then when you head home after a 10 hour day, they are still there, working, and the collaborator cunt project manager that hired the slumdogs gives you the stink-eye.  WTF?

12. Lonely Desi Bachelors:
It is not easy to make a white American girl friend and there is a great scarcity of desi bachelor girls. You can have a better flirt/love life in India than in United States. I did go to some disc clubs many times but was no match in front of tall and muscular American males. Although some lucky desi's are successful in making Indian or American girl friends. Some Indian guys go to strip clubs to see topless women dancing on poles and very few go after illegal prostitutes.

Yup, they are pretty much like Nazis in Paris.  Bored, lonely, horny, reading Mein Kampf, and trying to seduce American teenage girls online.  Thanks for flooding the country with predators, Mr./Ms. H-1B pimp.

On trackitt.com, that is.  All because of another piece of legislation designed to stop the slumdog invasion:

to Olympian:

Atleast Indie land only produce IT guys who do not harm other people on the name of God. Think about their freaking moron paki neighbours who only produce extremist and buddy they are not even high school pass out :) I am shocked and surprised that why U.S still give even those 10-15 visas per year to people from pak when world know the fact.

....

Ah, what a month it has been!

After setting up the Panama ISP to serve as a honey pot for all the slumdogs who have been sending me death threats, and more seriously, sending phony death threats that could be traced back to me, I am now back on U.S. shores, hosting with GoDaddy.

The operation yielded a ton of juicy data and gave the feds plenty of ammo.  They will handle the more serious cases of privacy violations and terrorist threats, and my 90210 lawyer will handle the civil matters.  I've got about 80k in my IRA that I am ready to use towards this effort, and civil suits are relatively cheap.  Once a web entity gets hit with one, they will do almost anything to make it go away, including turning over the logs and identies of users who are remotely connected to crimes.

Things came to a halt when my Panama ISP was hit with a massive DDOS attack.  BTW, what is the difference between a "massive" DDOS attack, and just a plain old DDOS attack? 

Of course the site went down, and I turned down the offer to sign up for an expensive "high-risk" hosting plan.  I just switched to GoDaddy.  We will see how that goes.

I guess my enemies got really freaked out when they found out that they had fallen into a trap, and went for the nuclear option.

And yet here I am, blogging away.  I'll never go away.  I got a lot email from fans, and I couldn't let the Hindi Hitlers spoil my fun.  This blog serves as a beacon of inspiration for countless American techies, and it is not going anywhere.  Even if I end up having to fax my blog posts from inside a conex box in the desert (which is how I think Norm Matloff and Rob Sanchez roll, hehehehe), I will still be spreading the word.  I've already turned down a few offers to blog on major web sites, and will continue to freelance.

It is just so odd that we have people that have a cultural tendency towards thugish intimidation here in America.  To them, they cannot fathom that someone would be allowed to speak his mind freely in cyber-space.  They just assume that they can cry "racist" and the authorities will take their word and shut him down.  They think there is some upper-caste gestapo like back home that will shut down people that bug them.  They must not know much about StormFront, La Raza, or the KKK, which are openly racists groups that operate with impunity on our shores.  And they probably didn't realize that writing a vile, profane blog is not a crime when compared to sending fake terrorist threats, hacking web sites, plotting visa scams, and spawning massive DDOS attacks.  That means you folks over at ImmigrationVoice.org, aka "mx01.1and1.com".

I'm just a blogger.  Get over it.

The law firm for that illegal operation called ImmigrationVoice.org, Patton Boggs LLP, is drumming up business by telling corporations to get used to waves of EEOC lawsuits.  This is not surprising considering that 2-4 million Americans have been displaced by the people who gather at places like ImmigrationVoice.org to plot visa fraud, hacking sites like mine, and occupational apartheid. 

The U.S. government, terrified that the rhetorical race war will turn violent, as it has in Australia, is now taking action.  If I was an H-1B slumdog, I would urge the government to take action on the corporations and pimps that put millions of Americans out of work, just so that I wouldn't have to live in fear of a displaced techie putting a cap in my curry-scented ass.

CLIENT ALERT: Employment Class Actions By the Government Are Coming Back
October 2009

The Obama Administration is gearing up to investigate and file discrimination and employment compensation class actions far beyond what we’ve seen in the last eight years. Consider the following:

• The Equal Employment Opportunity Commission, tasked with enforcing the nation’s civil rights employment laws in the private sector, has included in its proposed 2010 budget an additional $13 million for the hiring of 224 employees to address, among other things, the Lilly Ledbetter Fair Pay Act. www.eeoc.gov/abouteeoc/plan/2010budget/index.html. That Act will make it easier for employees to sue for gender discrimination in pay.
• Attorney General Eric H. Holder, Jr. recently announced plans to add as many as 50 lawyers to the 350 lawyers of the Civil Rights Division of the Department of Justice via a 2010 proposed budget increase of $22 million to bring a new round of high-impact, high-profile discrimination cases against state and local government employers that were largely absent from its docket under the previous administration. http://www.washingtonpost.com/wp-dyn/content/article/2009/09/25/AR2009092502151.html and http://www.nytimes.com/2009/09/01/us/politics/01rights.html
• The Wage and Hour Division of the Department of Labor, charged with enforcing the Fair Labor Standards Act against private employers, stands to gain an additional 288 employees (through a proposed budget increase of $30 million) who will be responsible for enforcing wage and hour standards. http://www.dol.gov/dol/budget/2010/programchanges.htm

The prospect of these additional resources, coupled with a greater ideological commitment to bringing such suits, creates a scenario where these federal actors soon will be suing more companies and state and local governments in bigger lawsuits. The time to prepare for such a lawsuit is before you get sued. Proper preparation includes at least three components.

• First, the time is ripe for increased attention to your compliance programs.
  • Are your managers, supervisors and human resource professionals properly trained to investigate employee complaints of harassment and discrimination?
  • Have your employee handbooks and personnel policies recently been reviewed?
  • Are your classifications of employees as exempt or non-exempt from the overtime pay requirements of the Fair Labor Standards Act correct?
• Second, prudent companies will determine before they are sued whether their litigation counsel is equipped to handle mass employment claims in a cost effective fashion.
  • How much experience does your outside counsel have with large-scale litigation involving federal and state legal issues?
  • Does your outside counsel use innovative staffing techniques to manage and conduct high-volume discovery activities in a cost effective manner?
  • Does your law firm have the technology and the trained staff to be able to operate electronically as a partner with your company to facilitate the sharing of millions of documents while preserving their security?

With the proliferation of email and other electronic forms of communication and information sharing, the use of technology to enhance efficiencies is pivotal to the successful defense of a large litigation. Having a relationship with a litigation firm with this experience and these capabilities before you are sued will enable you to respond more promptly and vigorously upon receipt of the complaint.

• The third component may be the least obvious but is as important as the first two. The upcoming round of class action employment litigation is a product of politics and the change in public policy resulting from the last election. Any prudent litigation defense strategy must take that into account. An aggressive defense strategy includes many elements beyond the motions and arguments asserted in court.
  • Do the government’s litigation arguments conflict with other policies being promoted by other government agencies or by Congress?
  • What constituencies outside of your company have interests that may be affected (negatively or otherwise) by the lawsuit?
  • What role will press coverage play?

Decisions to approve the filing of these lawsuits ultimately must be approved by political appointees whose judgments are influenced by, or are subject to, these and similar factors. Your law firm should have the public policy expertise to understand and anticipate the thinking and motivations of those decision-makers, and thereby integrate these factors into your litigation defense strategy.

Patton Boggs offers a unique combination of the employment, class action and public policy expertise your company will need when it is on the receiving end of one of these class actions. We would be happy to talk with you – now, before you’ve been sued – to discuss the possibility of working with you.

It is ironic that my old hosting company shut me down on July 4th. After all, the goal of the INSURGENCY is to gain independence from the corrupt regime of India, Inc. and their collaborators and shills in corporate America, academia, politics, and the media.

This was nothing more than a minor inconvenience and I was fully prepared for it. The blog was down for almost two days. No big deal.

It is amazing how irate people can get when you speak truth to power. All I did was describe a scenario involving how our American military personal may react once they realize that some slumdog sycophant of a politician had passed a law that was discriminatory against Americans. And HR 1487 is exactly that – a bill that grants in-state tuition to slumdogs, but not vets.

So, now I’m back, with a vengeance.

As for you fuckers over at Immigration Voice that caused this temporary outage, keep it up. The more time you waste harassing me, the less time you have to send flowers to politicians, begging for your green cards.

Give it up, slumdogs. The whole H-1B thing was like a little tryout to see if you scumbags could fit into American society. Since it is clear that the bigoted, misogynistic caste mentality is ingrained in your DNA, we have to send you home. Maybe we will make you wither in limbo for 10-20 years, dangling a green card in front of your eyes, but the end result will be the same. You will have to leave.

Unfortunately some of you may not live long enough to see that open sewer of a sub-continent again. You may die here in America, in an accident, or by natural causes, or commit suicide like all the techies in India are doing.

Either way, by death or deportation, you will be gone.

And Americans can go back into I.T. once again and reclaim the industry that we created.

Durbin and Grassley’s Outsourcing Bill – IV’s Position
Immigration Voice appreciates the efforts undertaken by Senators Durbin and Grassley with respect to the H1B/L1 Visa programs. This bill attempts to sanitize certain abuses in these programs. Immigration Voice welcomes those provisions in the bill that it believes will discourage H1B visa abuses by employers. However, some of the visa law changes contained in this bill will unintentionally make it far more difficult for employers to hire and manage H1B employees. The net effect will be a wholesale reduction in H1B employment offered by employers and a further Exodus of highly-skilled immigrants to employment in other parts of the world where their valuable innovative talents will be welcomed with less legal limitations. [GOOD. Get the fuck out. Go back to that shithole sub-continent and build your people some toilets so that they stop shitting in public.]

In the bill are numerous changes that, while laudable in intent, will likely have unintended consequences. Some of the terms used in the bill (such as good faith" effort to hire a U.S. citizen) are not definitive and are vague. Perceived violations of these vague provisions in the bill would only promote frivolous lawsuits. [I wouldn't call my lawsuit frivoulos, not after you see the damages the Curry Den will have to pay]. Further, ALL Employers -- not just H1B dependent companies -- are required to 'advertise' positions on the Department of Labor website for 30 days before they can be filled by a H1B applicant. This may seems harmless but many companies cannot wait a full month to fill key positions on high priority projects. The proposed bill also attacks the 'problem' of H1B holders working at client sites. However, USCIS is already taking a strict view with regard to extending/approving H1B visas when requests come from a "consulting" company and so the additional incentives this bill might provide even stricter scrutiny will have diminishing returns.

In another troubling sign, we have seen an uptick in the number of Requests for Evidence (RFEs) issued by USCIS to our members related to the issue of H1Bs working at client sites. Once USCIS is convinced about the bona fide nature of the work that the candidate would perform at the client site, it would seem to be to unlikely that there is still a possibility of fraud at the site. [Chair-warming, booger-farming, and tandoori prep is not considered bona fide work"] " In a nutshell, the bill make it almost impossible for consulting companies to operate in the U.S. using H1Bs. This will not only impact the consulting companies but ALL U.S. companies, including many Blue Chip names that regularly recruit or use H1Bs for project-based contract positions that have proven very difficult to fill with U.S. employees who prefer permanent positions.

We were also disappointed that no whistleblower protections (to protect the immigration status of immigrants who become whistleblowers) are included in the bill. Such protections are an essential self-regulatory mechanism for the H1B program. Lack of these protections would passively promote abuse of the programs, as workers would fear retaliation if they report violations. Retaliation by an employer or legal action by the government on the employer committing the violation can jeopardize the immigration status of the foreign employee, forcing his or her removal from the country. By extending whistleblower protections to cover immigration status, new regulations can enforce a uniform labor standard as applied to foreign and American workers and allow H1B and other visa holders to become enforcement partners with the USCIS. Specifically, these protections should allow foreign workers who report violations to maintain legal status and seek similar employment for the remaining period of his/her authorized stay. Further, an ongoing permanent residency application should be allowed to continue if the worker has not been complicit in any labor or immigration violations. [Sorry, no Green Cards for Slumdogs. The Mexicans come first -we like them better.]

Immigration Voice strongly opposes the bill in its current form. This bill will promote more outsourcing by encouraging companies to open more centers overseas to compensate for the lack of access to talent in the United States. The absence of whistleblower protections in the bill harms the interests of the American worker further by diluting existing labor standards. We believe it is possible to preserve and grow jobs in the US, protect the interests of the American worker [ROFL LMAO. Like you Desis give a shit about American workers] , and allow U.S. companies to remain competitive through access to a global talent pool. The members of Immigration Voice live by the immigration laws of the land. We are glad to work with the Congressional offices by sharing our experience about the current visa process, how it affects our lives, and how it affects the competitiveness of this great country.

Analysis of New H1B/ L1 Bill

Summary:
Senator Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) introduced the H1B and L1 Visa Reform Act on April 23, 2009. While some of the proposed measures will streamline the H1B process and reduce fraud, we see this as bill targeting outsourcing companies operating in the U.S. and is a type of protectionism. Furthermore, the bill in its submitted form will hurt U.S. competitiveness. We believe that this bill is designed to pander to the electorate rather than provide meaningful reforms. This bill will further impair the ability of the U.S. to attract high-skilled immigrants and may cause hundreds of thousands of high-skilled immigrants currently working in the U.S. to return to their home countries. The H1B Visa is the primary gateway for high-skilled immigrants to enter and remain in the U.S. Any legislation that makes H1B Visa less palatable to U.S. employers will actually promote outsourcing over immigration. Employers will simply hire those same employees outside U.S. borders or will be encouraged to pursue even more aggressive outsourcing policies. This, in turn, will lead to less wealth creation in the U.S. and more wealth creation overseas as innovation and economic growth will follow the best brains.
Here are some of the key points of the proposed bill:

For Employers Hiring H1B employees:

1. Employers must pay the highest median average wage for all workers in a given occupational classification at a given skill level, with wages determined by the latest occupational employment statistics survey.

2. Employers must post a detailed job opening on the Department of Labor's website for at least 30 calendar days before hiring an H1B applicant to fill that position.

3. Employers should not have displaced and will not displace a US worker within the period beginning 180 days before and 180 days after the date of filing of any visa petition. This lengthens the current displacement clause which currently is 90 days before and after. Unlike the current displacement clause, the new displacement clause will apply to ALL employers and not just H1B-dependent employers.

4. Companies of greater than 50 employees will be forbidden to have H1B and L1 employees exceeding 50 % of the firm's total employees.

5. Employers must submit W2 Tax statement for each H1B applicant.

6. The Secretary of Labor must establish a searchable website for posting H1B positions. The site must be operational and online within 90 days of the passage of the new law.

H1B Employees working as consultants at Client offices:

By striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), the bill Prohibits placement of H1B employees on another employer's site. This will impact ALL consulting companies. H1B employees cannot be placed at a client site unless a waiver is obtained, which will mean every consulting services company will need to obtain a waiver in order to do business. This will present an enormous burden on consulting companies using H1B visa employees including a number leading Indian firms such as Cognizant, WiPro and Infosys.

Allowable waiver conditions include:

(I) the employer with whom the H1B non-immigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the non-immigrant with the employer;
(II) the H1B non-immigrant will not be controlled and supervised principally by the employer with whom the H1B non-immigrant would be placed; and
(III) the placement of the H1B non-immigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H1B non-immigrant will be placed.

In order to take advantage of the waivers, consulting companies have to insure the client did not displace US workers before and after 180 days from the start of every new assignment.

If your I.P. is not already banned (most Americans are banned on ImmigrationVoice), here is the link.

Here are the PDFs:

IVAnalysisOfBill.pdf
IVPos.pdf

That's right, ImmigrationVoice, I have your files. I have more. Your visa records, your tax forms, and your addresses.

THERE WILL BE RETRIBUTION.