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mario8a
User Rank
Stock Keeper
Tide turns for H-1B Visas
mario8a   5/22/2011 7:50:41 PM
NO RATINGS

Hi Barbara

this is a great Arcticle, my company sponsored the H1-B / L1-B  Visa for me back in 2001, due to lack of expertise of the lawyer, the time expired and I was hire back in the manufactuing site, I had a great time living in the US, but there's no place like home.

H1-B, L1-B, TN ---- the US goverment should bouble the Qty offered, if the local Engineers are not willing to step up for high tech open positions.

Regards

elctrnx_lyf
User Rank
Supply Network Guru
Bureacracy and the H1B
elctrnx_lyf   5/20/2011 1:54:58 PM
NO RATINGS

In my opinion H1B Visa are never utilized properly by the companies. Mainly IT comapanies in USA have only tried to recruit low cost work force using this. It would have been utilized well only if the H1 VISA's are provided to only few US comapnies in different sectors like engineering, IT and Banking to recruit the full time employees. This would have helped to keep it transparent to both the candidates and the companies.

elctrnx_lyf
User Rank
Supply Network Guru
Bureacracy and the H1B
elctrnx_lyf   5/20/2011 1:54:56 PM
NO RATINGS

In my opinion H1B Visa are never utilized properly by the companies. Mainly IT comapanies in USA have only tried to recruit low cost work force using this. It would have been utilized well only if the H1 VISA's are provided to only few US comapnies in different sectors like engineering, IT and Banking to recruit the full time employees. This would have helped to keep it transparent to both the candidates and the companies.

Kunmi
User Rank
Blogger
Re: Abuse of H1Bs
Kunmi   5/18/2011 9:25:09 AM
NO RATINGS

Dave, I think the issue with H-1B visas lies n the companies that brought in the employees under this visa. If I may be right, they are responsible to comply with all applicable laws and regulations aand if they fail, they should be brought to justice. As long as the provision of law allows H-1B visa, there is no fight about it but the watchdogs should do their jobs as stipulated in the guidlines.

tech4people
User Rank
Supply Network Guru
Re: There are two aspects to this story..None of them pretty....
tech4people   5/15/2011 8:58:59 AM
NO RATINGS

Miss Daisy,

Agree entirely!!!

Especially with your last sentence here,

"The dream of shooting back ahead I believe starts with re-organization of our priorities and taking the time to have meaningful debates towards developing and implementing appropriate policies."

Infusing a bit more positivity into the proceedings won't harm anybody,would it?

Regards

Ashish.

dave_94302
User Rank
Stock Keeper
Re: H1B abuse
dave_94302   5/13/2011 2:39:21 PM
NO RATINGS

There have been approximately 100 proceedings against employers for H1-B violations (including fraud) prior to January, 2009.  The vast majority of these were conducted under the kangaroo court called the "Department of Labor Administrative Law Judge" system.  I saw a spreadsheet from the DOJ (US Department of Justice) which said that 18 or so companies had been "sanctioned", and that the most common sanction was a fine of around $700 and having the company involved banned from the H1-B visa program for a period of time.

This is obviously a joke, for the following reasons:

1.  If you are saving $40,000 per year by hiring an H1-B worker, then $700 is not remotely a deterrent.  It is a parking ticket.

2.  If your company is banned from importing H1-Bs, you simply set up another company with a different name, and you're back in business, with a clean slate.

 

Given the nature of the "enforcement system" that the Department of Labor has set up, they must either be incredibly stupid or on the take.  I believe that they have accepted bribes in exchange for non-enforcement of the H1-B rules.  (I also do not expect them to sue me for saying such a thing, because of two words:  Discovery Proceedings.  If you guys sue me, then my team of highly talented hackers will be rummaging through your e-mails and you will be legally prohibited from stopping them.  Do you feel lucky?)

Since the elections of 2008, the combination of high unemployment and the increasing willingness of the anti-H1B movement to apply whatever political pressure is required has caused some of the more extreme cases of fraud to be prosecuted by actual Federal Prosecutors.  To date, a couple of dozen people have spent a little bit of time in jail.  In most cases, they were able to make bail the same day.

I would characterize this as "teeny, tiny steps in the right direction."

 

My attitude is as follows:

Anybody who is in favor of H1-B is an enemy of the United States.

Anybody who is in favor of H1-B is an enemy of the American people.

Anybody who is in favor of H1-B is an enemy of me.

 

I want the H1-B employers to go to jail, and I want the executives of the jobs shops to spend the rest of their lives in Guantanamo, along with the other enemies of this country.

 

Finally, I would like to remind everybody reading this that I was the winner of the Republican primary election for US Congress in PALO ALTO.  There are a lot of people in Silicon Valley who agree with me.

 

-Dave Chapman

 

p.s.  The only case of an H1-B actually being deported that I know of involved an H1-B in Southern California who murdered his girlfriend.  I am unaware of any cases where an H1-B was deported for being unemployed.

 

Barbara Jorgensen
User Rank
Blogger
H1B abuse
Barbara Jorgensen   5/12/2011 4:31:49 PM
NO RATINGS

Hi Dave,

Has there been a prosecution or investigation of H-1B abuses? I'm genuinely curious. Are the consequences deportation for the employee, or the company that hires them?

dave_94302
User Rank
Stock Keeper
Re: Abuse of H1Bs
dave_94302   5/12/2011 2:59:10 PM
NO RATINGS

 

"It seems to me that some of the critics of the H1B visa program should be aiming their criticism at the companies that abuse the regulations rather than at the program itself."

 

I do not agree.

 

It seems to me that when you are confronted with an organized system of immigration fraud which has already cost 900,000 Americans their jobs, then there is LOTS of blame to go around.  I blame the following people:

 

1. The employers, whose desire for cheap, compliant workers is the root of the problem.

2. The jobs shops, whose willingness to commit fraud on behalf of those corporations which did not want to get their hands dirty by actually filling out the H1-B paperwork makes them guilty of obstruction of justice, in addition to immigration fraud.

3. The news media, whose uncritical repeating of idiotic phrases like "the best and the brightest" and "shortage of computer engineers" has polluted the public discussions of this matter.

4. Anna Eshoo, Zoe Lofgren, and Dianne Feinstein, who sponsored the H1-B legislation in 1999 and 2000.

5. Bill Clinton, who signed it.

6. The other politicians who voted for it.

7. The lobbyists who gave bribes (I mean campaign contributions) to the above persons.

8. Organizations like the IEEE, who allowed political correctness and their foreign members to prevent any meaningful discussion of H1-B, even as thousand of American IEEE members were expelled from their careers.

9. Various academics, who allowed their names to be attached to phony papers asserting that there is a "STEM shortage" or a "PhD shortage", even as recent college graduates in Computer Science are flipping burgers or working at Wal-Mart.

 

There is plenty of blame to go around, and I do not think that anybody should be given a pass.

 

I want 1% law enforcement:  Since 900,000 Americans have lost their jobs because of H1-B fraud, I want 9000 Americans to go to jail, and I do not want them to be allowed to hire some Indian to go to jail instead.

Apparently, a lot of people agree with me.  I won the Republican primary when I ran for Congress last time (14th California:  Silicon Valley North).

If I get into Congress next time, may God have mercy on the H1-B advocates, because I shall show them none.

 

-Dave Chapman

 

 

 

 

 

 

 

Ms. Daisy
User Rank
Supply Network Guru
Re: There are two aspects to this story..None of them pretty....
Ms. Daisy   5/12/2011 12:31:35 PM

Ashish:

"It takes a long,long time for a super-power to decline(after the decline has noticeably set in).Also,its not an irreversible process.With the right set of policies in place America can shoot right back way-way ahead of the rest of the competition."

Thanks, I do appreciate your sentiments and patrotism! I am deeply concerned for the continued decline in the American education, divisive partisan politics and deep division of the populace. I agree that maybe not all techies will go looking for jobs overseas, but will the jobs still remain here?

The decline of US as a superpower has been on going for many years now. It was a slow decline at first, but it kicked up speed at the end of the 90's and those who were to put in policies did not understand what was going on neither did they listen to those who knew.

Even now, we are still debating trivial things and not gutsy enough to make bold strategic decisions. We spend reasonable time on the birth certificate of the president and listen to empty heads like Palin. The dream of shooting back ahead I believe starts with re-organization of our priorities and taking the time to have meaningful debates towards developing and implementing appropriate policies.

Barbara Jorgensen
User Rank
Blogger
Abuse of H1Bs
Barbara Jorgensen   5/12/2011 12:08:29 PM
NO RATINGS

It seems to me that some of the critics of the H!B visa program should be aiming their criticism at the companies that abuse the regulations rather than at the program itself. US corporations are supposed to provide due diligence that they have searched for qualified applicants before requesting an H1B application. If the following is true:

"The application process is a total rubber-stamp.  Despite obvious violations of the "prevailing wage" law, over 80% of all H1-B visa applications are approved.  H1-Bs are not remotely the"best of the best", as anyone who has actually worked with them can tell you.  Their major qualification is that they are willing to work for cheap."

The abuse originates within the companies hiring the workers. I'm sure that the data on H1B applications is widely available--as a government agency, Immigration should provide that information. But public and private companies are not held to the same standard.

I agree on this point, though: if the applicants are an automatic rubber stamp--which in my experience is not the case--the abuse goes beyond the employers. 


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