tunnel rat posted on September 24, 2011 17:54

The United States Attorney's Office for the Middle District of Pennsylvania, announced the sentencing of a defendant convicted of visa fraud and money laundering in connection with the procurement of H-1b Visas and Green Cards for ineligible or unqualified Indian nationals
(as if there is any other kind).

According to United States Attorney Peter J. Smith, Dynanoba "Ken" Kendre, 43, of Mechanicsburg, was sentenced yesterday to 21 months' imprisonment and ordered to pay $100,112 in restitution following his guilty plea to visa fraud and money laundering charges. The sentence was imposed by Senior United States District Judge Sylvia H. Rambo in Harrisburg, Smith said.

The charges to which Kendre pleaded guilty stemmed from an investigation conducted by the U.S. Department of Labor, Office of Inspector General; the Internal Revenue Service, Criminal Investigation; the Department of Homeland Security, Homeland Security Investigations; and U.S. Citizenship and Immigration Services, Fraud Detection and National Security.

The investigation revealed that Kendre, owner of Global Empire, d/b/a Global Healthcare Group and Fortune 500 Systems, defrauded the H1-b, Temporary Foreign Worker Visa Program, as well as the Permanent Labor Certification Program, by submitting Labor Condition Applications containing false and misleading information. Kendre accepted cash payments from foreign workers, who were not employed, in order to produce false payroll checks and W-2 wage and tax statements indicating the foreign worker was so employed. The fake payroll checks and W-2 wage and tax statements were submitted in support of H1-b Visa renewals or for adjustments of alien status by way of the Permanent Labor Certification Program. Foreign workers also paid Kendre a $5,000.00 "Annual Maintenance Fee" for keeping a Visa active with the company as well as a 25% fee for each payroll check processed by the company.

H-1b Visas are issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), and permit qualified alien workers entry into the United States to work in a specialty occupation. A specialty occupation, such as health care, requires alien workers to meet certain educational and professional requirements established by USCIS and an employer's petition on their behalf. The number of petitions filed with USCIS each year far exceeds the limited number of H-1B Visas available, so they are valuable to alien workers and a source of illicit profit to corrupt employers. Securing an H-1B Visa often represents the first step in obtaining permanent lawful residency via a Green Card and, ultimately, U.S. citizenship.

Despite Kendre's representations in petitions to federal agencies, few of the individuals for whom he submitted petitions actually performed work for his company. When there was no work at his company for them, Kendre instructed the foreign workers to secure cash-paying jobs in other locations. Kendre then engaged in a process known as "running the payroll," whereby the visa recipients were instructed to pay Kendre an amount based on the prevailing wage for which they were petitioned, plus a 25% fee that was to cover the company's payroll taxes. Kendre then had his company issue payroll checks for the foreign workers. Those payments were used in part to pay the visa recipients back, as falsified proof of compliance with the terms of their visa requirements and in order to apply for Green Cards. Other portions of the payments were used to pay the company's payroll taxes owed the government, to perpetuate the false visa petitions, and pocketed as profit by Kendre.

In addition to the jail term and restitution, Kendre also was ordered to serve 3 years of supervised release following his prison term.

U.S. Attorney Smith thanked the federal agencies involved in the case for their steadfast assistance. Smith said, "The defendant's criminal activity in this case spanned a number of years and involved the work of multiple federal agencies. The just result in this successful prosecution was achieved through the diligent work of our federal law enforcement partners. I thank them for their consistent excellent efforts."

Eric Hylton, Special Agent in Charge of IRS, Criminal Investigation stated, "Today's sentencing is a direct result of the excellent partnership the IRS, along with other Federal Law Enforcement Agencies, and the U.S. Attorney's Office has in combating violations of Federal Law. This sentence should serve as a deterrent to those who might contemplate similar fraudulent actions."

That sentiment was echoed by John Sprately, Special Agent-in-Charge for the Philadelphia Region of the U.S. Department of Labor, Office of Inspector General. Spratley stated, "Today's sentencing underscores our efforts to investigate fraud against the Department of Labor's foreign labor certification programs. The defendant falsified labor certification applications, for considerable financial gain, in order to illegally obtain visa renewals and permanent residence cards for foreign nationals. The Office of Inspector General and its law enforcement partners remain committed to combating this and any other fraud perpetrated against Department of Labor programs."

The case was prosecuted by Assistant United States Attorney James T. Clancy.


Yeah, no shit.

H-1B workers abuse work privileges: IG

By Alice Lipowicz
Sep 15, 2011

About 18 percent of the skilled foreign workers allowed employment in the United States under H-1B visa programs may have committed fraud or abused the program, according to a new report from the Social Security Administration’s Office of Inspector General.

Congress created the H-1B program in 1990 to allow highly skilled foreign workers to work within the U.S. for several years, primarily in high-tech fields. While U.S. tech companies say the foreign workers are critical to remaining competitive, American workers contend that the influx of additional workers undercuts their wages.

The H-1B program, which is run by the Homeland Security Department, allows work for tens of thousands of visa holders per year. The SSA provides Social Security numbers to the workers to be reported as wages in approved workplaces.

However, many H-1B workers did not fulfill those conditions. The SSA IG found that 18 percent of the H-1B workers who were assigned Social Security numbers for work in 2007 did not fulfill the assigned purpose, according to the report released Sept. 7. The review said that finding applied to 7,131 H-1B recipients of a total of 38.546 H-1B recipients evaluated.

Of the total cases reviewed, 11 percent worked for an employer other than the one approved by DHS, while 7 percent posted no wages during the two-year period studied, the report states.

For the 18 percent of the H-1B visa recipients who did not follow the rules, the report said it resulted in unauthorized use of the H-1B visa program.

“Unauthorized work by H-1B workers weakens SSN integrity and may require that the agency pay future benefits to individuals who misuse an SSN to work in the United States. In addition, H-1B workers who do not work for their approved employers could pose a risk to homeland security because they may obtain employment in sensitive areas,” the report states.

Applying the percentages to the entire H-1B visa holder cohort, the report concludes that thousands of H-1B visa holders may be engaging in unauthorized work each year.

“While we recognize SSA is not responsible for immigration enforcement, unauthorized work by non-immigrants impacts the agency by weakening SSN integrity,” Patrick O’Carroll Jr., SSA inspector general, wrote in the report. “We recognize there is no easy way to fix this problem. However, we believe SSA has an opportunity to help address unauthorized work by non-immigrants.”

O’Carroll recommended that the SSA work with DHS to offer to establish a data match agreement to better identify the H-1B visa holders who do use their Social Security numbers for purposes other than approved work.

SSA managers agreed with the recommendations.

It is not surprising that magic-underwear candidate Mitt Romney supports the importation of scabs to displace Americans.  After all, in his previous life, he was an evangelist for the outsourcing/offshoring regime at McKinsey and Bain Capital.

But now this dumb fuck Mormon is paying back his NASSCOM sponsors with some bullshit rhetoric about the US needing more slumdogs to put even more locals out of work.  It all just makes me want to go all "Taxi Driver" on his ass.

Romney sees tech skills shortage, and H-1B visa need

Experts rebut Romney's claim that 1.25 million high skill jobs are unfilled in U.S.

Patrick Thibodeau

September 7, 2011 (Computerworld)

WASHINGTON -- Mitt Romney, a top candidate for the Republican presidential nomination, has released an economic plan that would make it easier for foreign college graduates with advanced degrees in math, science and engineering to work in the U.S.

Romney's plan, unveiled this week, includes a proposal "to raise the ceiling" on visas for holders of advanced degrees in math, science "who have job offers in those fields from U.S. companies."

"These workers would not displace unemployed Americans. Rather, they would fill high-skill job openings for which there is currently an acute shortage of labor," wrote Romney, a former Massachusetts governor, in his plan.

The U.S. caps H-1B visas at 85,000 a year. Current regulations set aside 20,000 of those visas for advanced degree graduates of U.S. universities.

Romney's proposal doesn't stipulate that advanced degree holders be graduates from U.S. universities.

Romney's plan also calls for "stapling" green cards to the diplomas of technical degree graduates of U.S. universities, a plan that has been proposed by lawmakers on both sides in Congress without success.

"Even in this tough unemployment climate, as of this past spring nearly 1.25 million high-skill jobs remained unfilled," said Romney, in the economic plan released Tuesday. "A skills gap of that magnitude suppresses the productivity of our businesses and slows the overall economy. Highly educated immigrants would help fill that gap and get our economy rolling again."

Ron Hira, a public policy professor at the Rochester Institute of Technology in New York, characterized as "dubious" Romney's claim that there is 1.25 million unfilled high-skilled positions.

"None of the official statistics support a claim that there's a shortage of these occupations," said Hira. "Unemployment rates for these occupations continue to be twice what they should be at full employment..."

- more


Looks like some insurgents are about to go all Jessie Jackson upside the high-tech junta. I look forward to the days of American techies marching into the Curry Dens like Motorola and forcing the mouth-breathing slumdog scabs out of their cozy cubicles.  This just showed up in my email:



BFJ has joined with Stand Up! Chicago, an umbrella group opposed to a proposed U.S. trade deal, to rally for putting Americans back to work and stoping the Trans-Pacific Partnership (TPP) pact. The rally wil take place in downtown Chicago at 11am sharp. Projected turn out is now at least 1,000 and could reach 1,500 or more.

Chicagoans--long know for big shoulders, contentious politics and spirited rallies--has some bright minds atop their big shoulders. They are putting boots on the ground for a long overdue dose of street heat. They have a sharp press operation, receiving advance publicity for the rally.

Stand Up! Chicago has already targeted Motorola & IBM for corporate freeloading, bloated CEO salaries, and dismal job creation so BFJ will be highlighting Motorola & IBM's recruitment abroad for their Illinois job openings. Since 2008, Motorola used the H1-b program to recuit abroad to fill 384 job openings in Illinois, with annual wages of $26,480,732. Stand Up! Chicago is continuing to keep Motorola in their sights and will be thrilled to see IT professionals organized and represented at the rally.

At the rally, you'll see burly baby-boomer Hard Hats marching with tattooed, pierced baristas and hip-hop high-schoolers. Mild-mannered teachers will be beside lawyers attired in business casual. All rallying to put Americans back to work and kill these trade deals. If this doesn't convince you to join, Ben & Jerry's offer of free ice cream maybe the "sweet" that seals the deal for you.

Reply to this message to meet beforehand so we can join the rally together.

We have a slick brochure that was designed by one of our members, so If you are going to a Labor Day rally and want to distribute this please let us know.

Very Good News
Senator Durbin, in a speech to business leaders outside Waukegan, IL, laid out the negative impacts the h1-b program was having. What's stunning is that the topic was even brought up! Outside of the IT industry, these corporate programs are never addressed, so it's been a challenge just to explain what's happening to us and our high-tech jobs.

I read this as an indication that the Senator is gearing up to launch this battle to stop corporate discrimination. Make sure that you are also gearing up to join this battle by talking to your friends and family FIRST. Get them on your side; they will be your support team and create openings for you and BFJ to build a grassroots movement to pass H1-b & l-1 reform.

the Team at BFJ,

Donna, Mike, Barbara M, Barbara G & John R.


tunnel rat posted on August 21, 2011 12:21

Fellow Insurgent Donna Conroy at Bright Future Jobs is leading a rally in Palo Alto on Aug. 27th 2011 to protest the ethnic cleansing at the hands of the IOR (Indian Outsourcing Regime) and the high-tech junta.  Here are the details:


On August 27th, Bright Future Jobs and Black Economic Council (BEC) will lead a rally to put Americans Back to Work at the Apple Computer Retail Store in Palo Alto, CA. located at 451 University Ave. The protest will begin sharply at 11:45 AM.

Please join us and let Steve Jobs and Sergey Brin know that you want them to show that they care as much about America as you do.

As the American Jobs Crisis deepens, Bright Future Jobs and the Black Economic Council aren't just talking -- we're rallying--and we already have press coverage lined up!

Raise your voice with us on August 27th, and demand that Apple and Google take a leadership role in Silicon Valley and sign the following Pledge to America:

  1. Recruit Americans FIRST. Have their contractors and developers do the same.
  2. Use HR Recruiters based in the US
  3. Freeze Off-shore Projects
  4. Start Planning to repatriate US jobs
  5. Show their EEO Data to San Jose Mercury News


Why are Apple, Google, Yahoo, Applied Materials and Oracle hiding their EEO hiring data from the San Jose Mercury News? What don't they want the public to see? As the American Jobs Crisis deepens, America needs to know what is really happening to hiring practices within our borders.

James Otto, the lawyer representing the IT professionals displaced from Molina, will be there and speaking to the press, along with Donna Conroy, our director.  Yolanda Lewis, a former software engineer will represent the BEC.

If you can't join us physically, how about joining us in spirit? We've had to borow to cover expenses and desperately need professionally printed posters like the one above to convey that we are serious about representing IT professionals in this fight to restore the American economy. 

contribution you can share will do wonders for turning around the juggernaut of job loss.

The team at BFJ,

Donna C., Mike R, Brendan K., Baxter S., Barbara M., Barbara G., John R.



While I am sure that this will be a peaceful protest, at the same time the rest of us hard-core insurgents will continue to seek retribution in our own special way, such as:

1.  Hunting down Desi douchebag and former Molina CIO (and current ACS exec) Amir P. Desai at his home in Rancho Palos Verdes, California and having a demonstration to protest his campaigns of occupational aparthied at Molina and ACS.

2.  Slashing tires of collaboratores and delivering cow heads to the lobby of Curry Den Qualcomm in San Diego.

3.  Surrounding the West Coast headquarters of Infosys in Fremont and demanding to see the visa documents and LCAs of all the slumdogs working at 6607 Kaiser Drive.

4.  Incorporating Anonymous-like tactics to take down and infiltrate the web sites of NASSCOM, USINPAC, TiE and every fuckin' Desi bodyshop in New Jersey.

5.  Publishing the personal information of collaborators in corporate America who are displacing US workers with scabs from HCL/Tata/Infosys/Patni/[pick one].

Happy hunting, Insurgents.



As usual, fellow insurgent Patrick Thibodeau is on the case:

Outsourced and fired, IT workers fight back

Workers charge discrimination prompted 2010 Molina Healthcare IT layoff; file suit against employer and its outsourcer

Patrick Thibodeau

August 16, 2011 (Computerworld)

On the day they were fired early last year, about 40 IT employees at Molina Healthcare Inc. had been gathered in a conference room for what they were told would be a planning meeting. At the same time, laptop computers were being collected from the assembled workers' desks.

During the meeting, Molina's then-CIO, Amir Desai, informed the workers that they were being laid off for financial reasons, "not because of [their] performance."

The layoffs came amid rising tensions over a number of issues, including the expanding role of an offshore IT contractor at Molina.

The workers raised the concerns with Desai during the meeting.

"I felt they were expecting us to be asking questions about Cobra and unemployment and all that," said Bonita Shok, one of the laid-off IT employees. "Instead, we were being quite confrontational about why they are laying us off and keeping all these H-1B workers."

"I have never experienced a group of employees who were so angry," said a human resources manager who was in the meeting to answer questions from employees about benefits. The HR manager asked not to be identified.

"They felt their work was being offshored -- they were angry at the H-1B employees that were being hired," said the longtime HR industry veteran who had been hired to execute the IT layoffs at Molina, a managed health care provider that serves Medicaid and Medicare recipients. "I [had] never felt the backlash that I felt from Molina employees."

The employees, who lost their jobs in January 2010, never got answers to their questions about the company's IT outsourcing strategy.

Instead, 18 of them filed a lawsuit in California state court earlier this year against Molina, its CIO at the time and its outsourcing contractor, Cognizant Technology Solutions.

The HR employee, who was later laid off as well, is a witness for the plaintiffs in the case.

The plaintiffs contend, among other things, that they are victims of discrimination due to national origin. The lawsuit charges that the employees were fired because the companies sought to employ people "whose national origin, race and/or ethnicity was exclusively Indian," and didn't want to employ Americans or green-card holders.

Molina contends that the lawsuit is grounded in "falsehoods and malicious gossip." Cognizant has said that the lawsuit is without merit and that it "will vigorously contest it."

Desai, through his attorney, says the lawsuit is itself guilty of "an unfair discriminatory bias." Desai himself has since left Molina.

Of the workers who are part of this suit, 10 brought an earlier claim against Molina that was settled in mediation before this case was filed. The mediation agreements did not settle the case for all the workers and did not include current lawsuit defendants Cognizant and Desai.

While what happened at Molina is still in dispute, job displacement because of offshore outsourcing is a fact of life in today's IT workplace. While there are no government numbers that detail its extent, the broad outlines of the story told by the Molina workers should be familiar to other IT workers.

Outsourcing engagements often start when offshore IT services companies bring in workers, typically on H-1B or L-1 visas, to learn a company's IT processes. Then the work is moved overseas. Molina employees contend that's what happened to them.

James Otto, the attorney representing the Molina employees in the lawsuit, claims that about 200 visa-holding workers have been brought into the company.

Otto has told the former Molina IT workers that such activity is a form of segregation. "Today you're being segregated based on your national origin," he said.

Several years before the layoff, there were about 70 or 80 IT employees at Molina, according to a group of more than a dozen former Molina IT workers who met with Computerworld late last month. Many of the former Molina workers asked that their names not be published.

At that time, Cognizant had a small presence at the firm, mostly to supplement internal work. The employees said they felt no threat at the time. In fact, said Shok, "there was a feeling of camaraderie on the team."

But beginning around 2007 things started to change.

Most of the immediate IT managers were either laid off or quit, according to the employees. At the same time, the number of contractors increased. The lawsuit alleges that Desai and his management team "hire[d] and promote[d] only Indian nationals to management positions."

Desai, through his attorney, says the allegation is false. Of the six IT managers reporting to him, two were of Indian descent, he said.

"My client is dismayed both at the false allegations in Mr. Otto's lawsuit and its ethnically inflammatory undertone suggesting that Mr. Desai is biased against Americans and favors Indians solely because he is 'of Indian descent,' " wrote Desai's attorney, Edward Raskin in an email to Computerworld.

Raskin also points out that Desai was born in the U.S. and graduated from a U.S. university. He says the lawsuit avoids certain facts. "For example, some of the employees who lost their jobs at Molina were 'of Indian descent,' which contradicts Mr. Otto's suggestion that Mr. Desai and the company only favored Indians," he said.

But from the perspective of the employees, the workplace was changing.

The IT staff had been diverse, and represented seemingly every nationality, much like the population of Long Beach, Calif., where Molina is based.

The employees said they liked working at Molina, and felt they were recognized for their work, supported on the job, and were also part of a friendly environment that marked holidays with events like potluck dinners.

But the corporate culture changed as the contractors were added. The holiday potluck dinners ended while Indian workers were taken out to lunch on a major India holiday, the former Molina employees said.

Some meetings became so dominated by Indian workers that the discussions would sometimes shift to an Indian language, which added to a growing sense of isolation among the other Molina IT employees, the workers said.

"I've been to several meetings where it started off in English and then one of the Indian directors would start talking in Hindi, and then all the other Indians will start talking in the same language," said a plaintiff who asked to remain anonymous. "And then you would have to say 'hello, hello, we don't understand.'"

The HR manager who had been hired to manage the IT layoffs recalled an initial visit to the IT department. "When I walked in the IT department, all I saw were Indians. It was very difficult to find anybody in the immediate environment that was of non-Indian descent."

The former HR manager said the makeup of the department "was also a reflection of the leadership team ... the majority of [Desai's] direct reports were Indian."

The Molina workers said they trained Cognizant workers on the company's IT processes over time prior to the layoffs. They were told that the contractors were taking over all the production and their role would shift to new developments and technologies.

That explanation did little to lessen fears that they were being pushed aside. "There was a point where I felt we were just being written off," said David de Hilster, one of the laid-off IT professionals.

In the weeks leading up to the layoff, Molina employees began spending more and more time training Cognizant workers. The process became increasingly "urgent" and rushed, he said.

Another laid-off employee, Charles, said that "one person came into our department to learn all of our processes, which is impossible. We're multiple types of employees doing deployments, doing development work. No one person could possibly gather all that much knowledge in two weeks' time."

Charles asked that his last name not be used.

Desai's attorney, Raskin, wrote that his client "was trying to maintain quality and keep IT costs down at the direction of his superiors. To accomplish this, Mr. Desai worked with his managers to identify processes and projects that could be outsourced at a lower cost.

"The question was not: 'Whose job can we eliminate and replace with a contractor?' The question was: What processes are being done in-house that could be outsourced at a lower overall cost without sacrificing quality of efficiency?" he added.

Otto has assembled witnesses to support the lawsuit.

Among them is Laura Onufrock, Molina's former IT department budget manager.

In lawsuit filings, Molina said it compared the cost of imported labor to the cost of U.S. workers at the company and found that the average pay for U. S. workers was $50 per hour versus $72 per hour for the Indian contractors and $26 an hour for offshore workers, according to the lawsuit. Based on Onufrock's analysis, the lawsuit claims that after the mass layoff last year, the IT department exceeded its annual budget by over $5.5 million three months into 2010.

Onufrock isn't a plaintiff. Asked why she was acting as a witness in this case, she said, "they've done a lot of damage to people and I'm hoping I can help."

Molina disputes the contention that the outsourcing efforts didn't cut IT costs.

"American taxpayers are demanding that health care companies reduce administrative costs in order to provide better benefits at a lower price," the company said in a statement.

"Like most leading health care companies, Molina has put in place a variety of measures to reduce costs, including the outsourcing of labor-intensive administrative tasks to specialized firms. Working with Cognizant, an established leader in outsourcing, Molina embarked on a successful program to reduce its overhead so it could focus on what it does best: providing America's underserved communities with access to the best possible health care," the company said.

It is unclear how many Molina contractors were on either H-1B or L-1 visas, which are used for company transfers. The distinction is important.

Companies can hire H-1B workers without first trying to hire U.S. workers, unless they are considered "H-1B dependent" -- a status that applies to companies where more than 15% of the people in the workforce hold H-1B visas. Cognizant is in that category, but it doesn't have to prove that it tried to hire U.S. citizens before hiring H-1B visa holders for jobs that pay more than $60,000 and/or require master's degrees.

"I don't think the H-1B dependent provisions are strong enough to protect U.S. workers," said Daniel Costa, an immigration policy analyst at the Economic Policy Institute.

Molina, which employs 4,200 people, said it has less than 50 H-1B employees "and they were hired only in cases when it was necessary to cast a wider net for particular skills."

A Cognizant spokesperson said that the company has never had an employer-employee relationship "between the plaintiffs and Cognizant, and therefore the plaintiffs have no grounds for, among other things, the employment discrimination or wrongful termination claims against Cognizant."

Cognizant employs 118,000 people worldwide -- 20,000 in the U.S. The outsourcer doesn't disclose how many of its workers hold visas.

But the company did note that it has more than 60 full-time recruiters in the U.S., and that it recruited at 17 colleges and universities last year. It said it has 500 job openings in the U.S.

"Cognizant is a job creator that strives to provide our clients with the best talent available anywhere," the company spokesperson said.

A week after the layoffs at Molina, one of the fired employees said she was told by someone still working there that about 30 H-1B hiring notifications had been posted on a lunchroom bulletin board at the company. The posting indicated that U.S. workers couldn't be found for these positions. It is unclear what company was trying to fill the positions. But this wasn't the first time such notices had appeared, and it reminded this employee of what she had said earlier to someone in HR who was involved in recruitment.

"How dare you hire H-1Bs when there are so many unemployed Americans out there that fit the job description better?" the IT worker said.


I would be interested in hearing from any of the brave insurgents involved in this lawsuit, especially if they are in need of work and live in SoCal.

tunnel rat posted on August 9, 2011 09:12

When capitalism's biggest cheerleader Fox Business News hires Lou Dobbs and gives voice to H-1B basher Ron Hira, you know that the days are numbered for the slumdog slave trade.


Posted in:   Tags: ,
tunnel rat posted on August 3, 2011 23:49

More bad news for slumdog slave traders Infosys (from CIS):


Infosys, Big H-1B User, Loses Case but Wins Secrecy

By David North, August 1, 2011

Infosys, the big Indian body shop and extensive user of the H-1B program, has, in effect, lost an age-discrimination case in federal court, but everything about the case is shrouded in secrecy.

It is one of those settled-out-of-court arrangements where Infosys must have paid a sum of money to the U.S. citizen against whom it discriminated, but part of the agreement is that the details of the settlement must remain a secret. The little guy gets some money, which is good, but the big guy's operations remain a closed book. It is frustrating to onlookers.

This is the back story:

A 58-year-old U.S. citizen who has spent his life as a computer programmer applied for a job with Infosys. (I know his name, but it is irrelevant.)

Infosys is the largest of the H-1B users in the U.S. and its recent efforts to misuse the B-1 business visa got it some negative attention from the New York Times, as I described in an earlier blog.

Some time ago the U.S. citizen responded to a help-wanted ad in which Infosys noted a maximum experience requirement; it said, in effect, that it did not want anyone who was too experienced. The applicant had more than a quarter-century of the right kind of experience, so he was not hired.

The applicant, correctly, figured that this was age discrimination and took the case to the federal Equal Employment Opportunity Commission; court records show that the agency must have agreed with him and gave him a "permit to sue" decision.

Then the applicant hired a lawyer, used the EEOC document, and went into U.S. District Court. Prior to hearing any evidence, the judge ordered arbitration, but before that could begin, the two parties settled out of court. The judge then closed the case, unless the terms of the settlement are not met. We gather it was a long, drawn-out, two-year ordeal for the plaintiff.

That's all we know for sure, but there are some pretty clear implications.

1) Infosys, and similar outfits, probably will not insert a maximum experience element in their future ads.

2) While this case presumably resulted in a transfer of cash to the discriminated-against citizen – a totally good thing – it cannot be as useful to the anti-age-discrimination, anti-H-1B cause as a public court decision would have been.

3) It is probably better for the cause if the plaintiff (perhaps supported by an advocacy organization) forces the matter into a public trial, rather than accepting an out-of-court settlement, but that's not always possible, maybe it is only rarely possible.

If any reader knows of similar court cases, please share them with me at snrascal@yahoo.com.

tunnel rat posted on July 30, 2011 11:41

This is just the beginning as Operation Uganda II ramps up:

ICE Investigating VA School's Visa Program

Dozens of Immigration and Customs Enforcement agents raided offices at the University of Northern Virginia's Annandale campus Thursday.

The University of Northern Virginia is an unaccredited, for-profit private university that calls itself the most popular American university for students from India. Thousands of students are registered at three locations in northern Virginia.

Agents removed boxes of documents from a building on Little River Turnpike where the university leases two suites.

The university temporarily can't accept any foreign students, reads a notice posted on the door of the offices. UNVA students must leave the country immediately if they are unable “to continue to attend classes and maintain their active status in a manner required by federal government regulations,” the notice reads.

“Today, officials from ICE’s Student and Exchange Visitor Program (SEVP) served University of Northern Virginia officials with a Notice of Intent to Withdraw (NOIW) UNVA’s authorization to admit foreign students,” read a statement released by ICE spokeswoman Cori W. Bassett.

The school was told it can no longer participate in that program, but no specific reason was disclosed.

The school's chancellor provided a few clues Friday.

"The warrant included many items such as computer hardware equipment and paper documentation, which were all subsequently taken into government control," Chancellor Dr. David Lee said. "We were told that they would be returned early next week after they're copied."

On Friday, university officials said they are cooperating and have nothing to hide, News4's Jane Watrel reported.

"We want to emphasize that UNVA is open for business, classes are being held as scheduled, and as long as students attend classes as required, they will continue to remain in status," Lee said.

The raid is big news in India, where most of the schools students come from, Watrel reported. An Indian advocacy group based in D.C. went to the campus to investigate.

"Students are scared," student advocate Satish Vemana said. "Not only students. There are at least a lot of parents back home. They're crying, they're calling us because they send those kids here for their dreams."

No charges have been filed nor people arrested but the school is being investigated to see whether it conforms to federal regulations for the administration of student visas. Those regulations were tightened after the Sept. 11, 2001, terrorist attacks.

Foreign-born students at the campus Thursday said they have attended classes in the building and earned degrees from the school. One said the school helps students get their student visas.

If the investigation discovers the school improperly handled student visas, the school could face severe penalties.

- Vineet Nayar, CEO, HCL Technologies

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