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Greg Siskind on Immigration Law and Policy

JOB SHOP FINED $509,607 IN BACK WAGES TO H-1B WORKERS

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This is actually encouraging news if you support the H-1B program. Actually, headlines like this are the protectionists' worst nightmare. The antis argue that H-1B workers are paid less than their American counterparts. But they really aren't interested in the foreign workers being paid more. They don't want them here at all no matter what they're being paid. You never hear them arguing for more enforcement of existing laws and that's because that would undermine their goal of barring all foreign workers regardless of what they're paid. Trust me - the government going after bad actors like the company that was the subject of this enforcement action does NOT make the restrictionists happy.

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  1. JoeF's Avatar
    When antis complain about underpaid people on H1, I always urge them to file WH4s.
    And they inevitable always come up with excuses why filing WH4s doesn't work, etc.
    Cases like these show that enforcement via WH4 works.
    But, as you say, the antis don't want the enforcement to work. The enforcement actually shows that their only "argument" is bogus, and just a smokescreen to hide their real agenda: not having any H1, not having any immigration.
    With that, they also lose their support in the public, since the public is overwhelmingly pro immigration.

  2. George Chell's Avatar
    "But they really aren't interested in the foreign workers being paid more. They don't want them here at all no matter what they're being paid. You never hear them arguing for more enforcement of existing laws and that's because that would undermine their goal of barring all foreign workers regardless of what they're paid."

    The antis such as CIS and FAIR would rather have jobs transferred abroad and people paid even lower wages in their native countries..the just dont want dark skinned folks around here. The issue is not lower wages, the issue is too many non-whites coming to this country and making the whites a minority..that is truly the nightmare of CIS and FAIR!
  3. Rachel's Avatar
    Hi Greg,
    The fact that this company and many others who employ H1Bs have been investigated for underpayment of wages does undermine the H1B program, right? Is there a non-partisan group that does a neutral study on the pros and cons of the visa programs (H1/L1)? I've been very concerned about disgruntled Americans wishing horrible things on Indians who they perceive as taking away their jobs. Also, what are your views on outsourcing? Surely, as an American citizens, you must be concerned about the unemployment among your fellow citizens.

    Thanks
  4. Sir Real's Avatar
    "The issue is not lower wages, the issue is too many non-whites coming to this country and making the whites a minority..that is truly the nightmare of CIS and FAIR!"

    check this out:
    http://www.youtube.com/watch?v=ysoOB9w0tF4

  5. exTCSer's Avatar
    If Anti's are really concerned about lower wages of H1B's. Then they should lobby for a legislation to replace H1B's with GC's. That way employers will have no incentive to bring people to US on GC's, as the employees would leave for another company if they are paid less.
  6. JoeF's Avatar
    "The fact that this company and many others who employ H1Bs have been investigated for underpayment of wages does undermine the H1B program, right?"
    First, where do you see the "many others"? There are no "many others". There are some companies run by crooks. Just like Enron was run by crooks, for example.
    Second, this shows that enforcement works, finding the crooks and make them pay for their acts.
    The lack of enforcement of the H1 laws, which we had until recently, of course encouraged crooks to violate the laws. That's pretty similar, except in scale, to Mr. Madoff's case. He was able to pull off his Ponzi scheme because of a lack of enforcement on the part of the SEC.
    And third, outsourcing is a fact of life in a global economy. Trying to turn back the clock would be an exercise in futility. Go to any Walmart and check how many products bear a "Made in USA" label. Even pretty much all parts in your computer are manufactured in Far East. The innovation, e.g., the processor design, continues to be done in the US, though. We can't compete in manufacturing with the Chinas of the world, but we can compete in intellectual endeavors like inventing new things. That's why we need more qualified people on H1 and GCs.
  7. George Chell's Avatar
    "check this out:"

    Exactly. Most antis including O'Reilly would rather see jobs go abroad and more unemployed white Americans than see non-whites coming here and changing the complexion of the country. Now if these H1Bs looked like the movie actors from England or Australia (Poppy Montgomeery or Natasha Richardson) (God bless her soul!) O'Reilly wont care so much. The issue is Indians and Chinese, particularly Chinese women or other Asian women who may stay on in this country through marriage even if their H1B expires..that is the change of America's complexion that O'Reilly is worried about. The fact is I would like to remind O'Reilly that he is a citizen of a country heavily indebted to China. So, beggars cannot be choosers until the US pays back the debt...and our creditors who dont look like us may only want to reinvest our billions of securities in their hands, back in the US only if they get investor immigrant visas..which means complexion of the country will change, whether O'Reilly likes it or not. He needs to fear our creditors more than the Mexicans.
  8. George Chell's Avatar
    "That way employers will have no incentive to bring people to US on GC's, as the employees would leave for another company if they are paid less."

    The flip side is jobs will move to India where the employers can pay even less! You want bodyshops..try some of the outsourced jobs in India!
  9. George Chell's Avatar
    "We can't compete in manufacturing with the Chinas of the world, but we can compete in intellectual endeavors like inventing new things. That's why we need more qualified people on H1 and GCs."

    In other words, the US corporations want them here and if the government puts road blocks, they will hire them and put a global team together in Singapore...end or story!

  10. George Chell's Avatar
    The salary for tech workers on asending scale is somewhat like this:

    1. Cheapest wages: Abroad in places such as India and Vietnam where there are plenty of bodyshops.

    2. Next Cheapest Wages: Violating the US laws with bodyshops

    3. The highest wages: prevailing wages in the US.

    Change everything to GCs...employers will have no incentive to bring anyone but the top notch..and more jobs will move to India and more people will be unemployed. What we need to do is educate a workforce so that they can compete with the best foreigners. Gutting education everytime there is a recession is counterproductive. Governor Sanford of SC is the worst culprit. His policies will gut education and make sure that we will either need a lot more skilled migrants or we are sure to see more jobs going to other countries...reality of life. All antis give lip service to educating and employing our own. But, to this day I have not seen Kirkorian or Stein protest in front of the state legislature against cuts in education spending. Their goal is to keep non-whites out of the country!
  11. exTCSer's Avatar
    Greg,

    I think you can use this for the immigrant of the day: Highest paid CEO Sanjay K. Jha at Motorola
    http://projects.nytimes.com/executive_compensation?hp
    http://en.wikipedia.org/wiki/Sanjay_Jha

  12. Greg Siskind's Avatar
    Thanks exTCSer - this week it's Hall of Fame inventors, but this is a good suggestion for next week.
  13. gg's Avatar
    This is a very good news. Due to sloppy enforcement "Body Shops" especially run by "Indian crooks" have been making hay while the sun shines all these years. I hope all these crooks are taken out of business and only those who play by the books are left out. These crooks are only interested in profiting themselves. Several months ago, I arugued on a WSJ blog and suggested that the USCIS provide a document along with the H1B approval notice containing information regarding "rights of the H1B applicant " and contact names and addresses of respective enforcement agencies. I think something similar is included in the CIR too. Taking these crooks out of business will mean more H1Bs for more deserving companies playing by the rules.
  14. George Chell's Avatar
    Why dont they restrict H1Bs to legitimate corporations..Microsoft, Intel, etc. There is only 85,000 to go around. Still dont understand why everyone is making an issue of 85,000 visas, other than the fact that most are darker skinned recipients, than going after 50,000 visa lottery and extended relatives of US citizens. They need to have zero visas for lottery and sharply reduce extended family members during recession and have higher allocations for extended family members during boom!
  15. George Chell's Avatar
    Interesting piece

    http://www.popmatters.com/pm/feature/69668-whitewashed-americas-invisible-middle-eastern-identity/

    Mostly right except the part about Indian Americans being invisible....not right..the Indian Americans become pretty visible when talking about H1B
  16. Kevin Flanagan's Avatar
    JoeF, I filed a WH4, and the agent said it was out of DOL jurisdication because an audit determined that the company was not H-1B dependant. That means they only had a few low-skill, low-wage guest workers.

    Now what? Since I was one of only 4 non-Indians on a team of 15, and seven were flown in to do jobs that Americans could do, and they lived in a motel around the corner, and I know that forty Americans were rejected for those positions, where should I go to have this company investigated?
  17. gg's Avatar
    Its good to get an attorney's help when filing the WH4. For the average Joe, the WH4 is a straight forward questionnaire, but for these enforcement agencies, its different. They will look at each and every box that is checked and the information provided. Based on this they will decide if they want to investigate the violations . Always have an attorney type the entire complaint as a separate attachment instead of trying to put it all in the WH4 document itself. Also request your attorney to refer to the rules that have been violated which a good attorney will do without asking.
  18. George Chell's Avatar
    It is very ironic American nurses work abroad, but the US nursing association does not want to afford the same courtesy to foreigners..just in this one small clinic in Singapore there are two US nurses working...

    http://www.imc-healthcare.com/staff.htm
  19. Jim's Avatar
    It is very ironic American nurses work abroad, but the US nursing association does not want to afford the same courtesy to foreigners..just in this one small clinic in Singapore there are two US nurses working...

    Ironic isn't it? The job market for western nurses is bigger in the middle-east because of benefits and tax considerations and US and UK nurses have been going to the middle-east for years.

    They are also given priority and better pay compared to non-western nurses.



  20. JoeF's Avatar
    "Kevin", I assert that you are lying.
    For a WH4, it is completely irrelevant if the employer is H1 dependent or not. And it always has been completely irrelevant.
    The WH4 is for reporting H1 abuse. Period.
    So, stop claiming false things. You probably never filed any WH4.
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