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Feds Consider H-1B Changes After Uncovering Fraud

CWmike writes "A Citizenship and Immigration Services spokesman said today that the agency is weighing a series of reforms to the H-1B application process, including the use of 'independent open-source data' to obtain information about visa seekers or the companies that file the petitions on their behalf. The move follows a report by the agency that found widespread problems and evidence of fraud in the nation's H-1B program, including forged documents, fake degrees and shell companies being used in H-1B applications. It also comes after the controversy caused by changes to the H-1B rules earlier this year."

8 of 254 comments (clear)

  1. There's a surprise by cs668 · · Score: 5, Insightful

    Even if the H-1B program had no fraud it would push wages down in the US by artificially changing the demographic in the workplace.

    Older experienced high tech workers are more likely to stay at home with their families. Younger recent graduates are more likely to travel for work/opportunity. They also earn less because they have less experience.

    But, it doesn't surprise me that greed leads to fraud in a situation that already drove wages down.

    Look at how greed is affecting the economy now. Greedy people want houses they cant afford, greedy bankers want to make money by giving risky loans and turning them over. Greedy companies want to reduce wage costs by defrauding the H-1B program.

    It's just par for the course!!

  2. h1b and L1 by slmdmd · · Score: 5, Interesting
    People often mistake L1 to be H1. L1 is a visa for inter company transfer. It means any one can be employed at India/China office and then will be transferred to work in usa office. The Embassy interview for L1 is just a formality. There is virtually no educational qualification criteria/check for L1. So even a 12th pass guy comes in on L1 visa then he is posted at various clients. There is no limit on number of L1 visas. H1b's have a 65000 yearly limit. H1B embassy visa process is tough, education qualification is 16 years education plus experience. While we all are crying about h1b, the companies recruit any one with ok english in india, after working for 1 year in india they are sent here on L1. I have not heard of any rejections in L1 applications.

    L1 is the loop hole. It is the top secret one. I agree that there are about 30% h1bs who fake their experience(h1b criteria is 16yr edu + 3 years minimum work exp or 15 yr edu + 6 years work, 1 year education = 3 year work). 90% people on L1 have 15 year education or less and just 1 year exp. In any economy downturn h1bs are the first to be fired because 90% of them work on corp to corp contracts which are very expensive. Example for a unix admin - 100+ per hour is paid by company A to vendor V, V keeps 35% and gives 65 to H1B holding company H, H pays about 30 to the employee who is new in USA or 40 if he is more than 2 years old in usa. H1b end up getting exploited till GC(6 to 8 years). L1s too get exploited but they are happy because they are rotated every year. So they have less expenses(no need to buy car or family home) in usa and carry all money as savings to india/china.
    Since h1b corp to corp is expensive, candidate has to be really skilled, but some do manage by changing clients(A) every 3 to 6 months by slipping through a phone interview(some one else giving the phone int in their name). On being found out they are fired in 3 to 6 months. Yet they manage to settle in low tech areas like managing remedy tickets etc in about 2 years of hire-fire cycle. So in downturn, h1bs are fired first, then the citizen employee and are replaced by L1. L1's don't get overtime pay. They get about 3 to 4 k per month and yet that is a very good money because in india they get max 1k per month for 1+ year experience.

  3. Re:ALL YOUR GENIUSES ARE BELONG TO US! by flyingsquid · · Score: 5, Insightful
    I agree completely. Yes, immigration does have its downsides. Letting in an additional 10,000 foreigners to work in or immigrate to the U.S. should, in the short term, increase competition. But the long-term payoff is potentially huge. If just one of those immigrants turns around and helps found a major company like Google (co-founded by Sergei Brin, whose parents immigrated from Russia when he was six) the job creation by that company, and indirect job creation caused by economic benefit to other companies, will vastly outweigh the short-term losses.

    Unfortunately, we're losing sight of that because of post 9-11 hysteria. Yes, some of those foreigners might want to blow up your house. But I'll bet that the vast majority just want to work hard and to see their kids do better than they did. Ivy League schools are just packed with the children of immigrants for that reason. And I'd be willing to bet that the people who legally arrive in this country are vastly less likely to cause problems than the average American. We have no shortage of home-grown murderers, drug dealers, serial killers, sexual predators, white collar criminals and domestic terrorists... it's arguable that a group of carefully screened legal immigrants is vastly less of a threat to the American way of life than a group of average Americans.

  4. From an actual H1B holder by MarkKnopfler · · Score: 5, Insightful

    I have been living in the US for less than a year now. I have been working for more than ten years. This is the first time that I have been living in the US. Here is what I think of the whole matter.

    1. The H1B program, in spirit is a wonderful, clever thing. I have lived and worked in Europe, Japan and India. I love to travel and take in new experiences. Thanks to the H1 program, it allows for me to actually live and work here. In all honesty, it has been a great experience.

    2. The H1B program allows for _american_ companies to actually fill in a labour gap as and when required.

    3. Does the H1B program get abused as the article states ? Absolutely. I have seen it happen myself. There are huge number of shell companies ( called consultants ) out there who are absolutely flooding the H1B channels with applications for requirements which do not exist. The article is spot-on with its observations. The biggest victim of this whole thing however is the H1B program. Due to this channel-stuffing, legitimate american companies cannot actually recruit an employee when it is _really_ required since the quota has already been filled by fraudulent/redundant applications. These redundant and fraudulent applications really really need to be stopped for the H1B program to actually deliver what it actually set out to deliver.

    4. There is a lot of talk about salaries and cost, and this is what I think. The H1B program is a cleverly crafted law in some ways. The H1 application belongs to the employee and and not the employer. The employee is free to change his employers as and when he or she wants to. If an employee thinks that he is being paid less than the market value, he or she is free to seek out an employer who will pay him as much as he or she deserves. The free market will, at the end of the day take care of it. Also if there is a company which pays its employees based on his legal status and not his skills and ability, please do not consider working for it, whatever might be your legal status.

    5. In my professional career, I have worked with some of the biggest bozos and some of the most exquisitely talented engineers. Race or geographical location had absolutely nothing to do with their abilities. There are smart people and idiots everywhere. Supposing that a H1B worker to be inferior in terms of ability, is not a very clever viewpoint.

  5. H-1B workers are NOT "immigrants" by Tablizer · · Score: 5, Insightful

    There is a big flaw in your reasoning. H-1B workers are NOT "immigrants". They are "guest workers". Thus, your founder examples are misleading. If they were made immigrants, maybe companies would not treat them like indentured servants.

    Further, even if visa workers benefit the average person in the US (perhaps disputable), it may still hurt those in *specific* careers. Foreign cars don't help factory workers in Detroit, for example, even if it benefited car consumers in general.
         

    1. Re:H-1B workers are NOT "immigrants" by fartrader · · Score: 5, Insightful

      You are correct, it's a non-immigrant visa, but it has the capability to lead to a green card with sponsorship which many other types do not have ... and just to correct you, it's a "specialist worker program" not "guest worker". Guest worker is a term typically applied to people who undertake non-specialist labor such as farm labor work at harvest time, these are not eligible to become immigrants. To have a H-1B you need a degree in the field relevant to the job you are applying for (or 12 years expertise).

  6. Re:Dunno about your intentions on posting, but... by fartrader · · Score: 5, Funny

    When citizenship is no longer burdened by labor consultants that abuse this, then immigration can be considered. Otherwise:

    Stay Home.

    Naaah. I graduated out of the H-1B program, got a green card, applied for citizenship and married an American. I intend to take over your population with hybrid half UK/US citizens. My invincible army is already TWO strong. We'll own all your jobs, and fill your TV channels with cricket and endless re-runs of "Are You Being Served".