A former U.S. Congressman has accused the H-1B visa program of being subject to widespread “industrial fraud,” claiming systemic misuse and exploitation in the recruitment of foreign workers.


Former US Rep Alleges Massive H-1B Visa 'Industrial Fraud'

A US group on Thursday opposed the move of the Biden administration to reverse some decisions of the previous Trump administration with regard to H-1B visas, in particular going back to the lottery system for allocation of this most sought-after work visa for foreign technology professionals.

The rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, requires that US Citizenship and Immigration Services (USCIS) prioritise the higher-paid and higher-skilled foreign workers for H-1B cap-subject visas, thus ensuring US businesses have access to the best pool of foreign workers, while also discouraging wage suppression and creating unfair competition to American workers.

In its comment submitted to the Department of Homeland Security, the Federation for American Immigration Reform (FAIR) asserted that the implementation of the Trump administration rule would reduce abuse of the H-1B program by unscrupulous employers while also protecting American workers.

Founded in 1979, FAIR is the country's largest immigration reform group.

"FAIR strongly supports the substance of the final rule and urges DHS to implement the rule without delay. As DHS has reiterated throughout the rulemaking process, prioritising wage levels in the registration selection process incentivises employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels, to increase the likelihood of selection for an eventual petition," the comments note.

"President (Joe) Biden often portrays himself as a man from the 'working class' who is a tireless defender of the American worker," said FAIR president Dan Stein.

"Yet his administration is set to postpone, by at least a year, an important rule change that prevents unscrupulous employers from using the H-1B program to undercut American wages while ensuring that companies that truly need skilled foreign workers have access to the best and the brightest," he alleged.

Current DHS policies require USCIS to select registrations on a purely random basis, utilizing a lottery system, when demand for H-1B visas exceeds the numerical limit set by statute, note the comments.

"This random lottery selection process places no weight on wage or skill levels and fails to ensure businesses actually have access to the best and brightest workers possible. Worse, the lottery creates a scenario where American workers could be replaced by foreign workers who can be paid significantly less or who possess considerably lower skills," said Stein.

FAIR strongly urged DHS to implement these critical reforms without undue delay.

"This final rule will allow DHS to more effectively protect US workers against competition from foreign labor at a time when US workers need protection more than ever. The acute fiscal harm that US workers are facing as a result of the COVID-19 pandemic will only be exacerbated if employers are encouraged to continue to underpay H-1B beneficiaries because of an outdated and illogical current wage structure," it said.&nbsp;

A US group on Thursday opposed the move of the Biden administration to reverse some decisions of the previous Trump administration with regard to H-1B visas, in particular going back to the lottery system for allocation of this most sought-after work visa for foreign technology professionals.

A US group on Thursday opposed the move of the Biden administration to reverse some decisions of the previous Trump administration with regard to H-1B visas, in particular going back to the lottery system for allocation of this most sought-after work visa for foreign technology professionals. The rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, requires that US Citizenship and Immigration Services (USCIS) prioritise the higher-paid and higher-skilled foreign workers for H-1B cap-subject visas, thus ensuring US businesses have access to the best pool of foreign workers, while also discouraging wage suppression and creating unfair competition to American workers. In its comment submitted to the Department of Homeland Security, the Federation for American Immigration Reform (FAIR) asserted that the implementation of the Trump administration rule would reduce abuse of the H-1B program by unscrupulous employers while also protecting American workers. Founded in 1979, FAIR is the country's largest immigration reform group. "FAIR strongly supports the substance of the final rule and urges DHS to implement the rule without delay. As DHS has reiterated throughout the rulemaking process, prioritising wage levels in the registration selection process incentivises employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels, to increase the likelihood of selection for an eventual petition," the comments note. "President (Joe) Biden often portrays himself as a man from the 'working class' who is a tireless defender of the American worker," said FAIR president Dan Stein. "Yet his administration is set to postpone, by at least a year, an important rule change that prevents unscrupulous employers from using the H-1B program to undercut American wages while ensuring that companies that truly need skilled foreign workers have access to the best and the brightest," he alleged. Current DHS policies require USCIS to select registrations on a purely random basis, utilizing a lottery system, when demand for H-1B visas exceeds the numerical limit set by statute, note the comments. "This random lottery selection process places no weight on wage or skill levels and fails to ensure businesses actually have access to the best and brightest workers possible. Worse, the lottery creates a scenario where American workers could be replaced by foreign workers who can be paid significantly less or who possess considerably lower skills," said Stein. FAIR strongly urged DHS to implement these critical reforms without undue delay. "This final rule will allow DHS to more effectively protect US workers against competition from foreign labor at a time when US workers need protection more than ever. The acute fiscal harm that US workers are facing as a result of the COVID-19 pandemic will only be exacerbated if employers are encouraged to continue to underpay H-1B beneficiaries because of an outdated and illogical current wage structure," it said.

US group opposes Biden administration's steps on H1B visas

US President Donald Trump on Tuesday signed an executive order to stop the issuing of H-1B visa and other work visas for the rest of the year.

This move will not impact existing visa holders, but doors to the American dream for new applications are shut for now.

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H-1B visas are designed for certain skilled workers such as those employed in science, engineering, and information technology fields, while H-2B visas are given to seasonal workers such as hotel and construction staff.

L-1 visas are meant for executives who work for large corporations and J-1 visas are issued to research scholars, professors and other cultural and work-exchange programs. 
 
<a href="https://www.wionews.com/business-economy/how-will-h1-b-visa-suspension-impact-indian-companies-307963">Also Read:&nbsp;How will H1-B visa suspension impact Indian companies</a>

After visa curbs, the Trump administration slapped restrictions on India's Vande Bharat Mission as well. Air India flights sent to America to bring back Indians have been restricted by the US, accusing India of "unfair and discriminatory practices" by barring American airlines from operating similar flights.

The order said, "We are taking this action because the Government of India (GoI) has impaired the operating rights of US carriers and has engaged in discriminatory and restrictive practices with respect to US carrier services to and from India."&nbsp;

The US President recently kicked off his re-election campaign. Last week, he held a rally amid the coronavirus fear and called his voter base 'warriors', for stepping out of their homes.

<a href="https://www.wionews.com/world/president-donald-trump-signs-executive-order-to-suspend-h-1b-visas-307833">Also Read: President Donald Trump signs executive order to suspend H-1B visas</a>

"We begin our campaign and you just want to thank all of you, you are warriors. I've been watching, I've been watching the fake news for weeks now and everything is negative: 'Don't go. don't come. don't do anything.' Today it was like I've never seen anything like it. I've never seen anything like it. You are warriors. Thank You."

Trump's immigration bans have been a hallmark of his presidency and now, his curbs on skilled Indian professionals has brought the immigration debate on the election agenda.

Trump said that the step was essential to help millions of Americans who have lost their jobs due to the economic crisis amidst the COVID-19 pandemic.&nbsp;

Meanwhile, major US businesses have slammed the new orders. Trump's critics say he is using the pandemic to push his long-delayed immigration overhaul. To add to that, President Trump, with his erratic policies and the latest proclamations, has also damaged America's relationship with India.

&nbsp;

US President Donald Trump on Tuesday signed an executive order to stop the issuing of H-1B visa and other work visas for the rest of the year. This move will not impact existing visa holders, but doors to the American dream for new applications are shut for now.

US President Donald Trump on Tuesday signed an executive order to stop the issuing of H-1B visa and other work visas for the rest of the year. This move will not impact existing visa holders, but doors to the American dream for new applications are shut for now. × H-1B visas are designed for certain skilled workers such as those employed in science, engineering, and information technology fields, while H-2B visas are given to seasonal workers such as hotel and construction staff. L-1 visas are meant for executives who work for large corporations and J-1 visas are issued to research scholars, professors and other cultural and work-exchange programs. Also Read: How will H1-B visa suspension impact Indian companies After visa curbs, the Trump administration slapped restrictions on India's Vande Bharat Mission as well. Air India flights sent to America to bring back Indians have been restricted by the US, accusing India of "unfair and discriminatory practices" by barring American airlines from operating similar flights. The order said, "We are taking this action because the Government of India (GoI) has impaired the operating rights of US carriers and has engaged in discriminatory and restrictive practices with respect to US carrier services to and from India." The US President recently kicked off his re-election campaign. Last week, he held a rally amid the coronavirus fear and called his voter base 'warriors', for stepping out of their homes. Also Read: President Donald Trump signs executive order to suspend H-1B visas "We begin our campaign and you just want to thank all of you, you are warriors. I've been watching, I've been watching the fake news for weeks now and everything is negative: 'Don't go. don't come. don't do anything.' Today it was like I've never seen anything like it. I've never seen anything like it. You are warriors. Thank You." Trump's immigration bans have been a hallmark of his presidency and now, his curbs on skilled Indian professionals has brought the immigration debate on the election agenda. Trump said that the step was essential to help millions of Americans who have lost their jobs due to the economic crisis amidst the COVID-19 pandemic. Meanwhile, major US businesses have slammed the new orders. Trump's critics say he is using the pandemic to push his long-delayed immigration overhaul. To add to that, President Trump, with his erratic policies and the latest proclamations, has also damaged America's relationship with India.

Trump administration targets foreign workers, places restrictions on Vande Bharat Mission

H1B visas, trade, 5G trials India's arms deal with Russia would be some of the key issues that are likely to be discussed in Jaishankar-Pompeo meet. Watch full video to know more.

H1B visas, trade, 5G trials, India's arms deal with Russia to top agenda of Jaishankar-Pompeo meet

India Watch, 21st June 2019

An IT advocacy group representing more than 1,000 small IT companies mostly run by Indian-Americans has filed a lawsuit against the US immigration agency for issuing H-1B visas for shorter than three years duration.

The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.&nbsp;

These visas are typically issued for three to six years to employers to hire a foreign worker.&nbsp;

Based out of Dallas in Texas, the ITServe Alliance in its 43-page lawsuit filed last week alleged that the US Citizenship and Immigration Services has recently begun a practice of approving H-1B petitions for shorter than three years duration.

"These petitions are often valid for only months or days at a time, and some cases are expired by the time the approval is received," it said.

ITServe lawsuit against the USCIS alleges that the agency has no authority to misinterpret the existing regulations and shorten the approval durations.

In fact, the United States Congress has specifically granted power to the Department of Labor and DOL's regulations grant three-year approvals, the lawsuit said.

The lawsuit also alleges that the itinerary requirement put forth by the USCIS is also unlawful.

This is the second lawsuit filed by ITServe against USCIS. In the first lawsuit filed in July 2018, ITServe demanded USCIS to remove language from their website prohibiting F-1 STEM OPT students working at the third part client locations.

"The USCIS has been making arbitrary rules and memos for over eight years, it's our top priority to set things right and hold USCIS accountable to follow the regulations set by the United States Congress," said ITServe's national president for 2018, Gopi Kandukuri.

Referring to the recent spate of H-1B denials that ITServe members received, Kandukuri added members of ITServe Alliance are tired of receiving random denials for no reason.&nbsp;

"The new battlefield for us is the federal courthouse and not USCIS service centers,&nbsp;he said.

An IT advocacy group representing more than 1,000 small IT companies mostly run by Indian-Americans has filed a lawsuit against the US immigration agency for issuing H-1B visas for shorter than three years duration.

An IT advocacy group representing more than 1,000 small IT companies mostly run by Indian-Americans has filed a lawsuit against the US immigration agency for issuing H-1B visas for shorter than three years duration. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. These visas are typically issued for three to six years to employers to hire a foreign worker. Based out of Dallas in Texas, the ITServe Alliance in its 43-page lawsuit filed last week alleged that the US Citizenship and Immigration Services has recently begun a practice of approving H-1B petitions for shorter than three years duration. "These petitions are often valid for only months or days at a time, and some cases are expired by the time the approval is received," it said. ITServe lawsuit against the USCIS alleges that the agency has no authority to misinterpret the existing regulations and shorten the approval durations. In fact, the United States Congress has specifically granted power to the Department of Labor and DOL's regulations grant three-year approvals, the lawsuit said. The lawsuit also alleges that the itinerary requirement put forth by the USCIS is also unlawful. This is the second lawsuit filed by ITServe against USCIS. In the first lawsuit filed in July 2018, ITServe demanded USCIS to remove language from their website prohibiting F-1 STEM OPT students working at the third part client locations. "The USCIS has been making arbitrary rules and memos for over eight years, it's our top priority to set things right and hold USCIS accountable to follow the regulations set by the United States Congress," said ITServe's national president for 2018, Gopi Kandukuri. Referring to the recent spate of H-1B denials that ITServe members received, Kandukuri added members of ITServe Alliance are tired of receiving random denials for no reason. "The new battlefield for us is the federal courthouse and not USCIS service centers, he said.

IT companies file lawsuit against US immigration agency over shorter duration of H1B visas

'We will fight to protect every last American life,' he said. A large chunk of H1B visa holders are Indian

Referring to lawsuits by American employees against Disney World and other US companies, US President-elect Donald Trump has said he will not allow Americans to be replaced by foreign workers. “We will fight to protect every last American life,” Trump told thousands of his supporters in Iowa on Thursday, the Press Trust of India reported. "During the campaign I also spent time with American workers who were laid off and forced to train the foreign workers brought in to replace them. We won't let this happen anymore," Trump told the crowd. "Can you believe that? You get laid off and then they won't give you your severance pay unless you train the people that are replacing you. I mean, that's actually demeaning maybe more than anything else," PTI quoted him as saying. A large chunk of H1B visa holders are Indian. Two former Disney World employees, Leo Perrero and Dena Moore, have filed lawsuits in federal court against Disney and two global consulting companies, HCL and Cognizant.They have alleged that the companies conspired to replace American workers with cheaper foreign labour brought to the US on H-1B visas. The two employees were among 250 Disney tech workers laid off from their jobs at Walt Disney World in Orlando in January 2015. Following the lawsuits, Disney said in a statement, “These lawsuits are based on an unsustainable legal theory and are a wholesale misrepresentation of the facts,” the New York Times reported. According to the New York Times, the lawsuits represent the first time Americans have gone to federal court to sue both outsourcing companies that imported immigrants and the American company that contracted with those businesses. (WION with inputs from PTI)

Trump says will not allow H1B visa holders to replace US workers

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