Visions Systems Group, Inc. Indictment for Conspiracy in Visa and Mail Fraud
VIA AILA
On 1/22/09 Visions System Group, Inc. was indited for conspiracy and fraud in filing H-1B petitions and labor certification applications, as well as mail fraud. <A href="/files/4941-4844/112233.pdf”>United States v. Vision Systems Group, Inc.
AILA Critical Over Economic Stimulus Bill Inclusion of Sanders H-1B Amendment
WASHINGTON, DC – The House of Representatives today passed the American Recovery and Reinvestment Act of 2009 (H.R.1), a multi-billion dollar set of spending and tax cut programs to help jumpstart the economy. The legislation now moves to the Senate, were Democratic leaders hope to bring it to a vote this evening. Unfortunately, the legislation includes the Sanders H-1B amendment which saddles TARP fund recipients with strict regulations for hiring foreign workers under the H-1B program that are so cumbersome as to amount to an out-and-out prohibition.
“The American Immigration Lawyers Association (AILA) is greatly disappointed that Congress chose political expediency over sound policy by allowing this amendment to stand. The misguided signal it sends is that immigrants are part of the problem rather than an integral part of the solution,” said Charles H. Kuck, President of AILA. “The stimulus bill looks helpful but is counterproductive when it restricts the financial industry’s access to top-flight global talent who can help create jobs for U.S. workers. In many ways, this decision is at odds with President Obama’s call that the stimulus legislation shouldn’t be shaped by ideological factors, but by ‘what works.’ For this reason, AILA is deeply disappointed that the final bill included the Sanders H-1B amendment.”
At the same time, AILA is pleased that Congress recognized the need to strike the Kingston E-Verify amendment from the final version of the stimulus bill. “On this proposed amendment, Congress did the right thing by striking it. E-Verify is a cumbersome system riddled with flaws and based on inaccurate databases that can all too easily undermine legal U.S. workers’ ability to get or keep their jobs,” said Kuck. “Congress needs to stop this piecemeal approach to solving America’s broken immigration system; what we need now is to develop forward-looking policies and begin a new constructive and rational conversation about fixing the immigration system.”
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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
The Latest H-1B Articles from The Economic Times
Though the officials did not reveal the citizenship of those arrested, names released indicated that almost all of them are of Indian origin.
Cutting visas for high-skilled immigrants won’t lessen US economic pain and could stifle domestic innovation, new research suggests. Know about NRE/ NRO A/c
For every H1B position requested by an S&P 500 US technology company, overall employment at the firm increased by five workers.
The modified amendment makes bail out help recipients jump through extra hoops before they can hire foreign workers.
Indian cos will remain unaffected as offshoring has not been directly targeted by the amendment and other categories of Visas are available.
USCIS burdens computer consulting companies
Via IndiaPost.com
“Recently, the USCIS started issuing a slew of Requests for Evidence (“RFEs”), specifically targeting computer consulting companies, even companies that are well established. RFEs are issued after an employer files an H-1B petition on behalf of a foreign employee.
These lengthy and detailed RFEs, some 4 to 5 pages long, are issued where a new employer files either a new H-1B petition or an H-1B extension or where the same employer requests continuation of previously approved employment without change in employer.
The RFEs have become a source of confusion and frustration for Petitioners and immigration practitioners alike who are unable to comprehend why the submitted documentation is not sufficiently persuasive on a particular issue. “
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USCIS H-1B Benefit Fraud & Compliance Assessment
BACKGROUND: The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
<A href="/files/4941-4844/uscis_h1b_audit_report.pdf”>View Report
Judge Rejects H-1B Visa Injunction
Via SlashDot
Judge Rejects H-1B Visa Injunction
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Failed WTO talks could tighten H-1B norms
Expressing disappointment over the failed World Trade Organisation (WTO) talks for a global trade deal, the US on Monday said one of the main casualties was in was the relaxation of rules regarding H-1B visas or the non-immigrant visa that is meant for skilled workers.
Speaking at at seminar organized by CII, US department of commerce assistant secretary (market access and compliance) David Bohigian said, “India missed an opportunity by not being able to get past the Special Safeguard Mechanism, to discuss other market opening issues.”
“One casualty is that H-1B visas in Mode 4 ((movement of professionals across borders to supply services) and the potential to raise the cap on H1B visas is not being discussed anymore. These issues are important for India’s future. We hope that India returns to the table seeking an ambitious result in Doha Round,” he said.
He also added that the failure of the WTO talks led to the missing of a major opportunity to liberalise the multilateral trading system that could have helped hundreds of people in the agricultural and manufacturing sector. The US issues around 65,000 H-1B visas annually to permit foreign professionals to take up temporary work in America.
During the Services Signalling conference held last month at WTO headquarters in Geneva as part of the ministerial meeting, the US had showed willingness to discuss temporary entry of foreign professionals. Also, the EU expressed readiness to make commitments on free movement of skilled personnel across borders.India pushed for market access for its services in the developed world, especially on free movement of service suppliers across borders and outsourcing. The offers or signals made at the Signaling Conference however, has no legal binding and therefore would not be the final stand of the countries on services.
Doha talks failure cost India more H-1B visas: US
| Via The Times of India 8 Sep 2008, 1945 hrs IST,PTI | |
NEW DELHI: The US on Monday said India “missed” a major opportunity to get a liberalised regime for the much sought-after H-1B visas by not agreeing to Doha deal in Geneva this July. “Among the issues on the table in the Doha Round were Mode 4– movement of professionals– and potential to raise the cap on H-1B visas. By not participating fully in the round, India missed an opportunity to be able to work on these issues that are important for its future,” US Department of Commerce Assistant Secretary (Market Access and Compliance) David Bohigian said at a CII seminar here. Marathon talks between 30 key trade ministers for a global trade deal collapsed at the WTO headquarters over differences between India and the US on a safeguard mechanism for farmers in developing nations against import surges. “One casualty of this (failure of talks) is that H-1B visa and Mode 4 are no longer being discussed,” Bohigian said. The US issues about 65,000 H-1B visas every year allowing foreign professionals to take up temporary work in America. India has been seeking easier and greater access for its professionals in the US market, particularly in sectors like IT, consultancy and health care. Bohigian said India and other countries need to come back to the Doha negotiating table “as quickly as possible” to develop market access for firms and workers. While student visas were at an all-time high, US Department of Commerce, State Department and Homeland Security are working to make the visa rules easier for foreign direct investors. In 2007, Indian firms invested three billion dollars in US which the American official wants to double in the near future. |
iGate Mastech Inc. to Pay $45,000 in Civil Penalties to Settle Discrimination Claim
VIA THE US Department Of Justice
05/01/2008
WASHINGTON – The Department of Justice today announced that iGate Mastech Inc. (iGate), a Pittsburgh computer consulting company, has agreed to pay $45,000 in civil penalties to settle allegations that iGate discriminated against United States citizens in its employment practices. The settlement also requires iGate to train its recruitment personnel and to post a nondiscrimination statement on its Web site.
The settlement stems from the Department’s finding that, between May 9, 2006, and June 4, 2006, iGate placed 30 job announcements for computer programmers that expressly favored H-1B visa holders to the exclusion of U.S. citizens, lawful permanent residents, and other legal U.S. workers. Such preference constituted citizenship status discrimination and is prohibited by the Immigration and Nationality Act.
“We are committed to protecting the right of all authorized workers in the United States against citizenship status discrimination,” said Grace Chung Becker, Acting Assistant Attorney General for Justice Department’s Civil Rights Division. “We are pleased to have reached the settlement with iGate, and look forward to continuing to work with the business community to educate the public about the protections and obligations under the anti-discrimination provisions of the Immigration and Nationality Act.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the Civil Rights Division, which conducted the investigation in this matter, will continue to monitor iGate to ensure compliance with the settlement agreement. OSC is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (INA), which protect U.S. citizens and certain work-authorized individualsWorkauthind.htm from employment discrimination based upon citizenship or immigration status. The INA also protects all work-authorized individuals from national origin discrimination, unfair documentary practices relating to the employment eligibility verification process, and from retaliation.
For more information about protections against employment discrimination under the immigration laws, call 1-800-255-7688 (OSC’s worker hotline) (1-800-237-2525, TDD for hearing impaired), 1-800-255-8255 (OSC’s employer hotline) (1-800-362-2735, TDD for hearing impaired), or 202-616-5594. Email osccrt@usdoj.gov, or visit the Web site at http://www.usdoj/gov/crt/osc.
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McCain Says Immigration Reform Should Be Top Priority
Via The Caucus
The New York Times Politics Blog
“In yet another sign of his pivoting toward the general election, Senator John McCain said at a roundtable with business leaders here today that comprehensive immigration reform should be a top priority for the next president.”
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HIGH-SKILLED FOREIGN WORKERS NEEDED EVEN AS THE U.S. ECONOMY STALLS
Some may ask, why should Congress raise the H-1B cap at a time when it seems the U.S.
economy is stalling out or worse and when unemployment rates are on the rise. In response to this question it is important point out:
• While general macro economic indicators such as the unemployment rate appear to
be on the rise, this does not translate into a growing pool of highly-skilled workers
being available for high tech or other skill specific job openings.
• Studies show that foreign highly-skilled workers are an important stimulus to the
U.S. economy, whether as a major component of innovative entrepreneurs in the
engineering and technology sectors or as highly-skilled workers who create additional
U.S. worker positions within high-tech companies.
– Microsoft Corp. Chairman Bill Gates who has testified to Congress on numerous
occasions has noted that the pipeline of native U.S. engineers is not sufficient to
meet the needs of employers. In order to help meet these pipeline needs, fees in the
H-1B application process go towards National Science Foundation scholarships for
U.S. undergraduate and graduate students in science and math and funding for K-12
science and math programs, training programs for U.S. workers, and to visa
processing. However, employers have a current need for specific highly-skilled
workers that can only be met by providing increased H-1B visa numbers.
• Bureau of Labor Statics numbers show that jobs in the tech sector remain strong
with the average quarterly unemployment rate in 2007 around 2% (which is
considered full employment). Coupled with impending baby-boomer retirements,
these trends indicate that employment needs in the tech sector will continue to be
high.
• The Labor Condition Application also provides protection for U.S. workers and the
Department of Labor is actively holding employers accountable to statements made
in their LCA’s by conducting more audits. Furthermore, an H-1B dependent
employer must state that they will not layoff any similarly employed U.S. worker
within 90 says before and 90 days after the date the petition for an H-1B employee is
filed.
The U.S. Immigration Law Blog by Ashwin Sharma 
Tech Sanity Check – by by Jason Hiner, Editor in Chief of TechRepublic
Via TechRepublic
An interesting article by Jason Hiner, Editor in Chief of TechRepublic regarding the effect of H-1B visas on the US economy.