No shit...and this idiot has the nerve to repeat the Stuart Anderson lie about "5 jobs created for every H-1B".  The comments are utterly absurd, talking about suing the USCIS, etc. which is a favorite tactic of Desi bodyshops (filing lawsuits, that is):


Besides the money, I want some main parasites to be fired and forever forbidden from taking any government job: Napolitano, Aytes, Neufeld, California Center Director, and Mayorkas. They should go back to school to learn how business works. This idiots' attack on consulting businesses apparently orchestrated by some higher ranked individuals who hate our businesses, hate our country, and are determined to destroy both, but I can only guess who they are.

Why Is H-1B A Dirty Word?

By Eleanor Pelta, AILA First Vice President

H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


The assault on H-1B's is not only offensive, it's dangerous. Here's why:



  • H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
  • The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
  • The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
  • The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
  • The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.


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Comments (12) -


United States bitbucket
February 5. 2010 14:05
bitbucket

Glad you're back on TR.  Hope everyone is safe.  Keep up the fight!


no site


United States High Plains Drifter
February 5. 2010 22:28
High Plains Drifter

Well, let's see if we can deconstruct some of these claims...

"Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant."
- It would appear that because they cannot shut down the program outright, they are harrasing the users to discourage it?

"the tactic is too close to racial profiling for my own comfort."
- Eleanor, you missed the part where the indians are only hiring their own. You might want to look into that.

"How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud."
- Instances? Let's not candy coat it here... widespread fraud, plagarism, cheating, misrepresentation etc. have been clearly proven. These are the very derelictions that are driving these audits and public dissentient. Fix the root cause and dismantle the program.

"many of these individuals are extremely well-educated, capable people"
- again, check into fake degrees, fraudulent resumes and false work experience. See what you find.

"And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers"
- better than 60% of these visas go to indian bodyshops to fill jobs that may otherwise be offered to unemployed americans when there is 15% unemployment. Chase the violators, not those who are trying to fix the problem.

"•H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired"
- Oh! Explain to me why the IT industry hasn't seen any true innovation in the last 10 years, and why american IT companies are going under? Why are so many American IT workers unemployed?

"•The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals. "
- this is speculative, without any supporting evidence.

"•The anti-H-1B assault chills the formation of small businesses in the US"
- this would suggest that we are chasing out innovation? The same innovation we haven't seen in the last 10 years? No innovation > no new companies > no employment > no money back into the economy > economy crashes.

"•The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions."
- I can't even comment on this one. *shakes head*

"•The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere."
- Oh.My.Goodness. The US is going to collapse without them. TV, Radio, Telecommunications, the automobile, fiber optics, lasers.. the list goes on and on... all developed here. In America. We'll be JUST FINE, thank you.

"casting a wide net and treating all H-1B users as abusers"
- FIX THE ROOT PROBLEM. The USCIS's actions are reactionary.






no site


United States Mike
February 6. 2010 00:56
Mike

But the assault on American IT workers is OK? What goes around comes around.......


no site


United States Anonymous
February 6. 2010 16:20
Anonymous

"casting a wide net and treating all H-1B users as abusers"
- FIX THE ROOT PROBLEM. The USCIS's actions are reactionary.

U.S. corporations are either laying off (displacing) or not hiring AMERICAN CITIZENS yet they STILL continue to import unnecessary workers from abroad. This is the problem.

Treating or referring to all H-1B users as "abusers" is not the point. The specific point is that H-1B "users" are blatant American job stealers. Period. This must stop. Foreign visa programs like this one (along with the scam ridden student visa programs)  needs to end, and these H-1B visa holders need to go home so Americans can get back to work again and reclaim their jobs.



no site


United States KumarNation
February 6. 2010 16:44
KumarNation

H-1B is a dirty word. A H-1B immigration lawyer is a scumbag:

www.youtube.com/watch





no site


Canada ezygoer
February 6. 2010 21:15
ezygoer

There are 2 main culprits here - Corporate America who wants "pliant" labor at their beck and call and the opportunists who want to make a quick buck, settle in the US (mostly from the third world - India seems to lead the pack).
The American workforce seems to have resgined themselves to their fate of being displaced by these imports for the last 15 years - with constant offshoring/outsourcing and job loss. Which is why the unemployment rate will remain high in the US. For each H1-B a sum is collected to train the local workforce - do not see any US worker being trained and replacing an H1-B. The Hi-B seems to just replicate everywhere constantly.

Time to put an end to this !


no site


United States Bobby Jindal
February 9. 2010 14:49
Bobby Jindal

Hi there....

Well, while you were gone the US supreme court handed us (Indians or slumdogs or whatever you want to call) gave us a major victory. They lifted campaign finance restriction and now corporations can spend whatever amount they want on whichever politician they like till the last minute.

Corporations, executives and shareholders love us!!! No politician (especially republicans) would want to be called business-unfriendly, does he?


no site


United States Mike
February 9. 2010 22:58
Mike

They don't want to "settle" in the U.S. They want to come here, strip-mine the U.S. economy, send all the money home, and retire at 30. Do you know how much $50,000 is in India? Its enough to retire on. India is doing the IT songand dance but it's all a fake smokescreen - they produce nothing and destroy everything they touch. They are the Human Locusts of the world - which is why the world econ is a total disaster right now. You wouldn't unleash 5 million termites on your house and expect it to stand would you?


no site


United States Somedude
February 10. 2010 03:33
Somedude

What happened to guestworker fraud?

How come they took your site(s) down and not the original postings by Jain which are still on blogger.com?



no site


February 10. 2010 10:41
tunnel rat

That corrupt Judge James P. Hurley didn't know what he was doing and did whatever Apex told him to do, which was to shut down 3 domains.  Apex thought I was Jain -- that is how fuckin' stupid that Desi doucebag Kumar is.


http://techinsurgent.com/http://techinsurgent.com/


United States Somedude
February 14. 2010 16:04
Somedude

well but why didnt they go after the site on blogger.com that is jains rant against apex? makes no sense to not go after the primary source...what are you doing if anything fo fight this these days?


no site


February 14. 2010 19:36
tunnel rat

I'm waiting for Apex to go out of the business.  The Desi bodyshop industry is now illegal, according to the feds.  Then I can get the domain back.


http://www.techinsurgent.com/http://www.techinsurgent.com/

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