Obviously, this was not written by a slumdog. I am sure somebody from Patton Boggs or Quinn Gillespie wrote this crap. I like the part about "an uptick in the number of Requests for Evidence (RFEs) issued by USCIS", aka "Cavity Searches by the Feds":

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

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:


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


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