From NPR:

The Trump administration is tightening the rules for companies that contract out high-skilled workers who are in this country on H-1B visas.

The U.S. Citizenship and Immigration Services agency issued a new policy memo on Thursday that requires "detailed statements of work or work orders" about the work that will be performed when an H-1B visa worker is employed at a third-party work site. Employers will have to file more details that support the need for foreign talent.

H-1B visas are controversial. American tech companies use them to hire highly skilled foreign workers, such as engineers, IT specialists, architects among others, in situations in which they say there is a shortage of U.S.-born talent. The visas are good for three years and renewable for another three-year term.

Critics of the visas — 85,000 of which are issued every year — say American workers are aced out of competition with workers who can be paid less.

As CNN reports, "Indian outsourcing firms will be the hardest hit. Indian workers receive more than 70% of all H-1B visas."

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"...One more lie is that we even have a shortage of technical workers (this is what the Obama Administration liked to claim). What we have is a shortage of technical workers who will accept shit wages.

...You see the point of this H-1B reform will be mainly to get rid of the Indian outsourcers so their H-1B slots can be used by American companies hiring directly. It’s for this reason that the Indian companies are hiring U.S. citizens as fast as they can. And the U.S. companies are preparing, too, by practicing all those techniques that will allow them to appear to seek qualified domestic candidates and yet not find them. Toward that end, for example, I’m hearing that one big company that rhymes with IBM is starting to use recruiters whose native language is not English. This is not to say that non-native speakers can’t learn wonderful English or be consummate H.R. professionals, but the track record of big companies that rhyme with IBM is not good in this area.

For all their billions in profits (and billions more in repatriated profits) these companies, which include biggies like Apple and Google, just can’t seem to bring themselves to pay market rates for labor if they can wriggle out of doing so. The Trump Administration sure isn’t going to make them do it, either. And for these reasons I predict that the H-1B visa program may change in 2018 but its problems will remain pretty much the same."

- Link


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Tunnel Rat posted on January 15, 2018 12:18

Good points, as usual from the Center for Immigration Studies:


To Reform H-1B, Let's Talk About Ethnic Discrimination by Employers


...Let's change the dialogue and simultaneously remove thousands of smaller H-1B employers from the arena. Let's talk about the raw ethnic and gender discrimination, which is part and parcel of the H-1B program. Let's make this a civil rights issue, the rights of Americans to have American jobs, and of women to have them, too.

My proposal: No employer with more than 100 H-1B employers may secure the H-1B extensions they want (with certain rational exceptions) unless their H-1B work force contains no more than 25 percent of the workers drawn from a single country, and a 40 percent female work force in the H-1B occupations.

The rational exceptions: Any employer wanting an H-1B extension for a woman, or for a worker other than from the nation of origin favored by the employer (typically India) would get that extension.

So we would not be denying all extensions (attractive though that would be), we would be only denying extensions to large-scale employers of H-1Bs who currently discriminate on the basis of ethnicity, gender, or both.

Only the discriminators would be denied extensions.

In the future, extensions for the previously favored workers would be available to the employer once the nation-of-preference ratio fell to 25 percent and once the participation by women reached 40 percent. There would need to be a system of credits should the employer replace H-1Bs with U.S. workers (who would have to be paid at least 110 percent or more of the wages of the departing H-1Bs.) I have not yet worked out a mechanism for that requirement.

The discrimination being discussed, as we reported earlier, is not just in favor of people from India, it is not just in favor of males from India, it is not even discrimination in favor of young males from India, it is discrimination in favor of young Indian males from a few states in the south of the country. Many big H-1B employers have more than 97 percent of their H-1Bs from India; a few have even higher percentages of Indians.

This 25 percent requirement would force those using massive numbers of these young Indian males to say that the "best and brightest" come from only a sliver of the world, and that the existing discrimination in favor of those young Indian males was in the best interest of the American economy. That puts the exploitative H-1B employers in a truly awkward position. It will be harder for them to defend their discriminatory practices than simply making the tired old pitch that Americans really can't do high tech work.

Given the current hiring practices of so many big H-1B employers, the number of extensions granted would be minimal and program as a whole would shrink, but only for those big employers who are currently discriminating.

This suggestion of mine would set off loud voices from New Delhi, who will decry what they regard as discrimination against their people; what it will be is the lessening of pro-Indian discrimination in this particular part of the economy...


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Tunnel Rat posted on September 10, 2017 02:36

Desperate, unqualified slumdog students are flooding the IT job market.   From Mother Jones...

Inside the Growing Guest Worker Program Trapping Indian Students in Virtual Servitude

And how American universities are acting as willing partners.

...According to data I requested under the Freedom of Information Act, UCM ranked 26th in the number of approved OPTs in the workforce since 2011, behind elite schools like Columbia and Carnegie Mellon. But also ahead of UCM in the rankings was Northwestern Polytechnic University, a California school that BuzzFeed exposed in 2016 for enrolling thousands of foreign students—making up 99 percent of its student body—but having no full-time, permanent faculty. While graduates from name-brand schools frequently found their way to Fortune 500 companies like Goldman Sachs, Microsoft, Google, and Apple, UCM graduates  seem indistinguishable from those who attended Northwestern Polytechnic—both often move straight from the classroom to obscure tech firms.

As UCM’s Indian population has surged, problems with the OPT program have emerged. Promatrix Corp.—a New Jersey firm that sent representatives to a UCM career fair in the spring of 2015—was ensnared in an elaborate sting operation set up by the US government in which federal agents created a fake school, the University of Northern New Jersey, to trap companies misusing the student visa system. In early 2016, the Justice Department brought a complaint against the firm’s CEO and managing director, Tejesh Kodali, and another employee for conspiracy to commit visa fraud and harbor immigrants for profit. Kodali pleaded guilty to a visa fraud conspiracy charge in late 2016.

There’s no legal obligation for schools to vet employers recruiting on campus, according to Edwin Koc of the National Association of Colleges and Employers, the professional association for career service counselors. And in the case of public universities, these counselors have to be careful to avoid discriminating against a particular type of firm.

With little oversight from their institutions, students can land at body shops like SCM Data and MMC Systems, two East Coast firms that were accused by a Homeland Security agent in a 2015 court case of coaching students to lie to the govern­ment about their work to obtain H-1B visas. Court documents also claim that the companies failed to pay some guest workers, despite promises of $27 an hour.

Prathiba Kalyan, a New Jersey-based staffing specialist who places body-shop consultants with her clients, says the OPTs she has encountered are “just left out to fend for themselves. These institutions that are just spewing out these degrees aren’t making any attempt to give them a career path.”

When I asked UCM’s dean of international affairs, Joseph Lewandowski, about the high number of alumni ending up at body shops, he called the trend “alarming.” But UCM isn’t alone. A computer science professor at Central Michigan University said approving students’ applications for OPT at the school amounted to double-­checking to make sure that forms were filled out correctly. “All I needed was a piece of paper from an employer,” the professor told me. “They didn’t even have to tell me how much money they were paying. They just had to tell me they’re employed.”

In 2015, Central Michigan awarded more than 150 master’s degrees in computer science, three times more than it had handed out the year prior. Nearly 85 percent of them went to international students, the bulk from India. According to department chair Pat Kinnicutt, the school temporarily offered in-state tuition to foreign students and didn’t require a minimum score on the GRE. The floodgates opened. In 2016, it rescinded both perks.

“The large number of students definitely impacted the quality of education—lowered it,” Kinnicutt said. Unsurprisingly, almost all students took opportunities to work in the United States, including via OPT. “All our students do get jobs,” he said.

Tunnel Rat posted on August 20, 2017 05:20

As I predicted recently, it is time yet again to capitalize on the decline of slumdog slave trader Infosys.  This is just the beginning...

Infosys Falls the Most in 10 Months After CEO Sikka Quits: Chart

Shares of Infosys Ltd. fell as much as 7.6 percent, the most since November 2016 on an intraday basis, after it said Vishal Sikka has resigned as chief executive officer and will become the company’s executive vice chairman. Sikka cited a continuous stream of distractions and disruptions, as well as false and increasingly personal attacks, according to his resignation email to the company’s board.




Here's more:

Infosys Earnings: Does Future Depend On U.S. H1-B Visas?

Infosys Falls 4%: Sell, Says William Blair, They’re Out of Control


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Hopefully, she will get the max and do 10 years of hard time up the river....

San Jose Businesswoman Pleads Guilty To Tech Worker Visa Fraud

Defendant Submitted False Contracts, Forged Signatures of Cisco Employees to Federal Government In Scheme to Obtain H-1B Visas Under False Pretenses

SAN JOSE, CA - A San Jose businesswoman pleaded guilty in federal court today to three counts of visa fraud, announced U.S. Attorney Brian J. Stretch Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.  The guilty plea was accepted by the Honorable Lucy H. Koh, U.S. District Judge.

In pleading guilty, Sridevi Aiyaswamy, 50, of San Jose, admitted that between April 2010 and June 2013 she made numerous false statements, and submitted over 25 fraudulent documents, to the United States Citizenship and Immigration Services (USCIS) for the purpose of obtaining H-1B non-immigrant classifications for skilled foreign workers.  Acting as a petitioner on behalf of foreign worker beneficiaries, Aiyaswamy falsely represented in I-129 petitions that the foreign worker beneficiaries would be working at Cisco, an information technology and networking company in San Jose, Calif.  Aiayswamy further submitted counterfeit statements of work with forged signatures as back-up documentation to the I-129 petitions.  In fact, at the time she submitted these documents to USCIS, Aiyaswamy knew that the statements regarding offers of work from Cisco for these beneficiaries were false statements, and that Cisco had not made any offers of employment regarding these individuals.   

A federal grand jury indicted Aiyaswamy on December 3, 2015, charging her with 34 counts of visa fraud, in violation of 18 U.S.C. § 1546(a).  Pursuant to today’s pea agreement, Aiyaswamy pleaded guilty to three of the counts of visa fraud and the government agreed to request dismissal of the remaining counts.  

Aiyaswamy is currently free on bond.  Judge Koh scheduled her sentencing for November 15, 2017, at 9:15 a.m.  The maximum statutory penalty for visa fraud is 10 years in prison and a $250,000 fine.  However, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. 


-- LINK 

Tunnel Rat posted on July 15, 2017 13:55

More news from the racist human-traffickers known as Infosys, and it looks like this may be the next Enron:

As he looks to rebound from an estimated $1 million loss stemming from allegations of workplace discrimination, a fired employee with India-based tech giant Infosys may have a powerful ally: President Donald Trump.

The leader of the free world has placed particular emphasis on the hiring and firing of American workers. 

And the details in the case of Erin Green, who says he was passed over for promotion while watching foreign workers advance in the company, would likely resonate with those who back Trump's "America First" agenda.

...Bergin estimates that's more than 70 percent of the company's U.S. workforce. And since Infosys is based in India, most of those visa holders come from the subcontinent, he and other observers said.

"From the company standpoint, as far as what would move the stock, that would be something that would adversely impact the number of H-1B visas that are available each year to be used ... or anything that changes minimum salary requirements," Bergin said.

"That could potentially hurt profitability."


BTW, the last time I suggested shorting Infoshit was back in May 7 2011, and if one would have followed my advice then, they could have profited from the almost 50% drop that happened shortly after my suggestion to buy Jan 2012 puts.

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Tunnel Rat posted on July 14, 2017 10:32

I've asked myself that many times...

"...Is not this evidence, given the repeated nature of the company's infractions, sufficient for either the Department of Labor to put Infosys on the debarred list or for the Department of Homeland Security [DHS] to take similar action?"

The answer is unambiguously yes. And the form that action should take is criminal prosecution, both of the corporation as a legal entity, as well as all those Infosys officials individually who are discovered to have participated in this scheme. I can think of at least two federal felony violations that are relevant:

Aiding and Abetting, and Conspiracy to Commit, Visa Fraud. 18 U.S.C. Section 1546 provides in pertinent part that:

Whoever knowingly makes under oath, or ... knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws. ... Shall be fined under this title or imprisoned ... 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime).

While this would seem to apply only to the worker-applicant who was advised to lie, two other provisions of the federal criminal code make clear that the company and its officials are also culpable. 18 U.S.C. Section 2 and 18 U.S.C. Section 371, punish anyone who "aids, abets, counsels, commands, induces or procures" commission of a crime, as well as "two or more persons [who] conspire either to commit any offense against the United States, or to defraud the United States."

Conspiracy to Bring in and Harbor Aliens. This provision of law, found at 8 U.S.C. Section 1324 provides, at subsections (a)(1)(A)(iv) and (v), that:

(A) Any person who ... (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v) ... (I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts,shall be punished as provided in subparagraph (B).

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both. (Emphasis added.)

These federal criminal statutes certainly encompass the situation as it seems to have unfolded in the New York attorney general's lawsuit. What's more, because of that lawsuit, a great deal of the spadework usually required of an investigator has already been done. Such matters fall squarely into the purview of Homeland Security Investigations (HSI), a division within Immigration and Customs Enforcement (ICE), which itself is a component of DHS.




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Greetings Insurgents!

I can't believe it's been almost 11 years and I am still blogging away.  My blog has been shut down in the USA, Panama, and Canada, but I have found a stable ISP in Malaysia that doesn't respond to US court orders and C&Ds.  I don't post as much, and most of my stuff is just re-posts from other sources.  I've been too busy working 50-60 hours a week at the curry den I am currently contracting at, and I've been working on my Masters degree for the past few years.  I'll be done with school in a month, so I may get back to some of my more creative blogging, like back in the day.

Things are looking up for the insurgency now that Trump is prez, and even though there has been no drastic action on the slumdog slave trade front, I do think change is in the air.  The fucking slumdog infested company I am working at now had the nerve to layoff 100+ Americans at the beginning of the year, and I know of about a half dozen new hires since -- all from The Land That Time Forgot.  However, I believe that by the end of the year, we will see wages rise in IT and the slumdog purge begin as they are priced out of the market and companies decide not to waste their time on the H-1B paperwork and bad karma that is involved with filling their IT shops with curry-eating wage-pirates.  

It's been a long time since the days of doing rhetorical combat on the DICE discussion boards, and the slumdogs are a lot less arrogant now, at least online.  But trust me, they are still just as full of themselves and delusional in the curry dens like the one I work at.  They have taken over entire departments, like QA, and have their stinky potluck shitshows once a week, and babble in Hinglish all day.  

I have been on a death march of a project for the last few months, led by an incompetent slumdog VP who is a master of the circular head bobble.  The business analyst that is supposed to be getting all the reqs. for this fucked up project and she is the slumdog wife of the Desi DBA whom I am forced to deal with on a daily basis.  I call it the Triangle of Desi Death.  The horror...

I have recently come to the conclusion that the DBA and his BA wife have conspired to sabotage the project so that I get thrown under the bus and the slumdog VP escapes without blame when things blow up.  The other night this stupid fuckin' DBA, who walks around like his curry-scented shit doesn't stink and is always trying to act like he his some sort of genius, had one job -- RESTORE THE DATABASE.  Of course, he fucked that up, and I was there until 9 PM on a Friday while he tried to call all his Indian buddies, including the slumdog VP, to try to get the system back up.  The one guy he wouldn't call was the ops manager, a redneck IT old-timer who would have reamed his ass.  "No, don't call Bob, he will panic!", slumdog DBA begged.  I let it slide, but I am waiting to pull his punk card when the time comes. 

In the meantime slumdog DBA keeps refusing to grant me DB rights, and then he starts an email shit-storm when the meager drive space he allocated to me fills up.  The cheap motherfucker (is there any other type of Indian?) acts like he is paying for the storage out of his own fucking pocket.  So I finally get his honkey manager to give me the drive space, and this manager sends an email to his whole crew of DBAs to give me whatever the fuck I need.  Of course, this infuriates slumdog DBA, so he makes a big deal out of it, but ends of looking like an idiot because he is the one that put the DB logs and transaction files on tiny drives on the SAN.  He acts like I am minting bitcoins or hoarding kiddie porn on these drives, when all I am doing is running a major ETL job THAT HAS TO FUCKING WORK THE FIRST TIME OR THE WHOLE PROJECT IS FUCKED.      

To top it off, his slumdog wife, the Desi BA, is spitting out incoherent specs that all clearly designed to confuse anybody who has to understand them.  She constantly has PMs and QA managers in her cube trying to figure out WTF is going on, and she has taken to giving me the stink eye when I try to get some clarification -- she doesn't even read, much less answer my emails, and hasn't done so for months.  I've made it a point to update my PM when he comes by my cube, loudly letting him know that "I would be done, but I am waiting for [slumdog BA] to give me the reqs" at which point she has to emerge from her curry-scented Hindu shrine of a cubicle to make some excuse about why she can't do her fucking job.  Cunt.

Anyway, HAPPY 4th OF FUCKING JULY, and hopefully by this time next year, we will be celebrating independence from the HINDU MAFIA.



Tunnel Rat posted on June 26, 2017 02:09

But they got off with a slap on the wrist...

Indian outsourcing giant Infosys Ltd. agreed to pay $1 million to settle claims that it placed foreign workers in jobs in New York without obtaining proper visas or paying high enough wages or taxes for their work, the state's attorney general said Friday.

New York pursued Infosys for allegedly depriving the state of taxes it would have collected had the company paid higher wages to foreign workers, a spokesman for the state's attorney general said in a statement.


The Bangalore-based company previously paid $34 million to settle allegations brought by the U.S. Department of Justice that it systematically abused U.S. visa regulations by bringing foreign workers into the country on part-time travel visas, rather than standard H-1B work visas, in 2010 and 2011.


In a statement, Infosys said it committed no wrongdoing and denies all the allegations brought by New York Attorney General Eric Schneiderman. "Infosys maintains robust policies and procedures to ensure adherence with all applicable regulations and laws," the company said in a statement.


The settlement comes amid growing scrutiny of Indian tech firms for their heavy use of the H-1B visa program for highly skilled foreign workers. President Donald Trump has criticized the practices of firms like Infosys and Tata Consultancy Services Ltd., the two largest Indian IT services firms by revenue, arguing the tens of thousands of workers they send to the U.S. every year could be taking jobs away from Americans.

Infofys earlier this year warned of slower revenue growth than expected due to the increasing scrutiny of worker visas. The company announced plans to hire some 10,000 American workers in the U.S. over the next two years to help serve clients in the financial services, manufacturing, retail and other sectors.

- Link

- Vineet Nayar, CEO, HCL Technologies

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