ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS

Rating: 2 votes, 5.00 average.

Computerworld, which has been the media outlet of choice for the protectionist crowd, reports on one subject addressed by DHS Secretary Janet Napolitano during her testimony this week. Napolitano told the Senate Judiciary Committee that USCIS is stepping up enforcement in the H-1B program. Anti-fraud measures being instituted include site visits.

Some of the antis out there probably think that I have a problem with this. They would be wrong. Many of the anecdotes of bad behavior reported by critics of the H-1B program are quite unlawful under existing law.The vast majority of employers comply with the law and are using the H-1B program legitimately. A small minority of bad actors hurt the reputation of the program and give ammunition to protectionists who seek to impose new "anti-fraud" provisions that are really just new trade barriers.

Crack down on the abusers of the program using the array of existing rules on the books. Then we can focus the debate on what really is the issue - free trade in services or imposing protectionist trade barriers.

Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to Facebook Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to Twitter Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to Google Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to StumbleUpon Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to Reddit Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to Digg Submit "NAPOLITANO: USCIS TO FOCUS ON GOING AFTER H-1B VIOLATORS" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. Legal and no longer waiting's Avatar
    However, if the law allowed easier job changes on H1 (much like on EAD), then the majority of violations would go away on their own. Antis are all about over-regulating H1 because they know that if regulate something to death, then fewer companies will sponsor H1, thus, there are fewer opportunities to change jobs, thus workers will stick to their jobs no matter what, thus, there is more leverage on the employer side, thus, there is more vioaltions. Guess what more violations mean - more regulation. The circle is now complete.
  2. Another voice's Avatar
    Greg what is your opinion as to the un-intended consequences of these actions, there are usually a lot of innocents caught in the net every time the government chooses to make an example out of someone.
  3. Greg Siskind's Avatar
    Another voice - the answer really depends on a number of variables. For serious violations, particularly those involving fraud, prison time for the owners and managers could be in the cards. Less serious violations may result in just a debarment from using the H-1B program for a year (which would still be the death penalty for some of the abusive "job shops" out there.

    For the employees, USCIS will often be lenient in allowing them to transfer to a new employer if the worker was being exploited. To the extent the worker appears to have participated in the fraud or illegal behavior, they would likely face expulsion from the US.

    I would warn workers to exercise a little caveat emptor and carefully scrutinize potential employers to see if they are reputable. Don't just believe what you are told or fail to ask questions because you are thankful to have a job offer. And if you are already here and working for a company you think is not playing by the rules (such as not paying you what was represented to USCIS, illegally benching you, having you work in a job category different than what has been told to the government, etc), by all means seek new employment immediately. And then do everyone a favor and report the abusive behavior to the US Department of Labor or USCIS.
  4. AD's Avatar
    Ron Hira and the guild keep saying the H1B program is rife with abuse and then they say that 20% of the applications are fraudulent. ie 1 out of 5 and not 4 out of 5 are fraudulent. Ron and guild want to uproot the program and throw all Indians and Chinese out. Again, I am not saying that fraud of 20% should be condoned. I side with Greg on this. There are rules and regulations already in place and all that CIS has to do is enforce them with out much hoopla. Yeah! media will take care of the hoopla and Patrick T will be the first to jump on it.

    After the recent USCIS enforcement efforts on Iowa/NJ firms, a lot of body shops started to pee in their own pants. These guys were taking advantage of the lack of enforcement. If CIS does take care of these body shops as few as 2 a year, the rest of them will keep themselves correct.

    Greg, The reason why employees do not blow the whistle is because most of the time their status/green card process is tied to it. AFAIK, there is no blanket protection or even protection for any thing that has happened between him and his current/former employer will not affect his status. Who wants to shoot in his/her own foot before bringing some one else down?
  5. JoeF's Avatar
    "After the recent USCIS enforcement efforts on Iowa/NJ firms, a lot of body shops started to pee in their own pants."

    LOL. I _love_ that sentence.
    This is also one of the reasons why this year the H1 quota is still open. The 20% shady companies decided its not worth getting shut down over H1 applications. These guys aren't stupid. Their "business model" included exploitation of H1 workers, and it was unfortunately enabled by the lack of enforcement. Now that we have enforcement, their "business model" doesn't work anymore. And that's a good thing.
    Enforcement, and even the credible threat of enforcement keeps the bad guys out.
  6. gg's Avatar
    The rules of H1B program have be intentionally ( I say that with a big I ) written to exploit foreign workers. Every company that applies for H1B knows that so do the law makers and USCIS. Slavery has been a part and parcel of this country's economic dominance for centuries and each time the law makers have become more sophisticated in making rules. Tying an H1B employee to his employer is a classic example of the rules encouraging employers to exploit the worker. Self regulation never works especially when there is so much easy money out there to make.

  7. weaver's Avatar
    First, USCIS the fraud study was completed on interviews not on H-1B applications. Further, the fraud rate was 31% for H-1B with a bachelors degree or less. Since most EB-3 are adjustment of status from H-1B, it is reasonable to conclude that the 31% fraud rate also exists in the EB backlog.

    The real problem with the H-1B and L-1 is that the Specialty Occupations list is static, oversubscribed occupations should be blacked-out from employment based immigration.

    In 2006, Computer Related occupations absorbed 75% new H-1Bs with a bachelor degree (or less). Furthermore, computer-related H-1B exceeded employment growth for a six year period.

    http://immigration-weaver.blogspot.com/2009/03/petition-to-remove-computer-related.html


  8. Greg Siskind's Avatar
    Mr. Sivsubramanain - Your posts are being deleted from this forum because you violated my no hate speech policy.

    If you wish to be permitted to post here again, I would suggest you apologize to the readership.
  9. Greg Siskind's Avatar
    To those posting comments taunting the fellow known as Sivsubramanain, please refrain. It does not help the discussion. I agree that he is probably the same person who has posted hateful comments in the past under other aliases and I will delete them. I will also delete posts that refer to him as this is not what I want my blog to be about. And I also won't permit posting any veiled threats being made against antis here. So everyone cut it out, please, and stick to a civil discussion of the issues.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: