Report Indicates Widespread H-1B Visa Fraud

Vrst1013 notes a Business Week account of a government report examining fraud in the H-1B program. The US Citizenship and Immigration Services just released a report to members of the Senate Judiciary Committee examining issues with fraud and technical violations within this program. Based on a sample size of 246 H-1B petitions, 13.4 percent showed fraud and 7.3 percent showed technical violations, for an overall violation rate of 20.7 percent. There was slso evidence of payment below the prevailing wage, offers of non-existent jobs, and fraudulent documentation. "'The report makes it clear that the H-1B program is rife with abuse and misuse,' says Ron Hira, [a professor] at the Rochester Institute of Technology ... However, both Presidential candidates, Senator Barack Obama and Senator John McCain, have said they support expanding the program."

Comments

dupe

[m3j00]

deja vu

Re:dupe

[Anonymous Coward]

Since June of this year, I've seen this several times. Back in June of this year my company had three extremely talented full-time developers do a phone interview on an H1B candidate; the guy passed with flying colors... Once the guy started I didn't see him getting much work done and was always really quiet; I sat right next to him. I find this guy was given simpler and simpler tasks that he couldn't complete and the final straw was that he was asked to write a stored procedure and couldn't do it. He was even called out on the fact that he wasn't the same person in the phone interview; of course he denied it. He was terminated shortly thereafter. He was a subcontractor via another company; the company that placed him there was duped into thinking he had skills when in fact he didn't. I've also had the pleasure (if you want to call it that) of reviewing some of these "skilled candidates" resumes only to find out when it comes down to the technical (in-person) interview they don't know sh*t when they passed a phone skills-test with flying colors.

To be honest I go to work and am in IT because I love what I do. It pisses me off to see people try to fake their way into it for either a green-card or because there is "money" here. These posers who actually make it through the screening process get into companies and cause a big mess for people like me to clean up. Even worse are some who get into management without the slightest inclining of how some of the technology is supposed to work and in return what do they do is bring in more H1B's who don't get IT.

The government should impose some sort of punishment on companies and/or the individuals that take advantage of the system and really the entire H1B process needs to be overhauled. Maybe I should start calling Immigration and reporting these people and companies who are trying to screw over the rest of us who are legitimately trying to make a living in this economy.

Re:dupe

[saider]

Actually, I'd rather let them come here and get a green card instead of a visa. That way they can move about and not be tied to a company. They would be free to leave if they did not feel they were getting a fair deal.

I find it ironic that the companies complain about a shortage and then support a program that eventually ships all this talent back out of the country. It goes to show that they are not concerned about the "talent". Their definition of a shortage is "we can't find any experienced programmers to work in San Jose for $15 an hour".

H1B abuses have been well know for many years

[walterbyrd]

So many articles are coming out about the newly discovered h1b abuses, that you might think that, because everybody finally knows about the abuses, the problems will be fixed.

Sorry folks, but the abuses have been well know for nearly a decade.

September 2000
Silicon Valley Uses Immigrant Engineers to Keep Salaries

High-skilled immigrant workers in Silicon Valley are being exploited by employers. Existing immigration law sets a cap on the number the H1-B visas the industry can use to hire immigrant engineers, so this year Silicon Valley electronics giants have been pushing for more Hl-B workers. While H1-B status laborers boost corporate bottom lines, there is a devastating effect on the workers themselves.

http://www.projectcensored.org/top-stories/articles/10-silicon-valley-uses-immigrant-engineers-to-keep-salaries/

2002
Enron and the H-1B American Worker Replacement Program

H-1B visa holders are often compared to indentured servants for U.S. corporations.

http://www.americanreformation.org/Articles/GlennJackson/EnronandH1BVisas.htm

February 2003
Is Anybody Out There? Is Anyone Listening?

The H-1B recipients are often put in an exploitable position because if they lose their job, they are then deported back to their country of origin.

http://www.rense.com/general35/wakeupNHwakeup.htm

Abuse documented on Youtube

[pkbarbiedoll]

This video illustrates the problem perfectly: http://www.youtube.com/watch?v=TCbFEgFajGU

Yes, I am sure about that total.

[bipbop]

Your comment is a decent guess based only on the summary, but if you actually read the article, you'll find a PDF link to the government report. The report specifically says that all cases of overlap are included in the fraud count, and not the technical violation count, and also gives the exact numbers. So yes, the total is correct. (The summary set off my "I don't think so"-dar the same way, but I went to check the article before I commented.)

Comment removed

[account_deleted]

Comment removed based on user account deletion

Re:Sample group of 246 does not a statistic make..

[mschuyler]

A sample of appx 1200 voters is enough to predict a nationwide election. It is statistically valid, assuming they did things properly, tru;y random sample, blah blah. If you want to decry the statistics go ahead, but the number 246 is not in itself a criticism. You're going to have to go deeper than that to make a valid criticism.

Re:It's not so blasted difficult...

[CodeBuster]

The problem is that the "prevailing wage" is a vague term given the variety of skills and experience candidate might have for a given position.

Not only that, but what the employer says that the H1B employee is paid officially on the pay stub and what they are actually paid, usually due to mandatory unpaid overtime, are often two different things entirely. What is an H1B going to do, complain? If they say anything then the company will fire them and jerk their sponsorship so fast that their heads will still be spinning when their butts get kicked all the way back to their countries of origin. The H1Bs are lucky to be here, they know it and the company knows it, and thus they will put up with a lot more abuse, much more than most US Citizens would put up with, just to keep their jobs and remain here in the United States.

Re:It's not so blasted difficult...

[Anonymous Coward]

The employee is already not tied to the employer (legally). Once you have your H1-B, you are free to transfer the visa to any other employer who is willing to process it
.

Re:It's not so blasted difficult...

[Anonymous Coward]

It's extremely, EXTREMELY, unfortunate that you were modded informative for bringing up a YouTube video which has nothing to do with the H1-B process...

You want to be up in arms about something? How about the following:

Step 1. Get hired by a company as an H1-B because you're the best qualified person for this job.
Step 2. Work for six years for this company. Perform well. Get promoted once or twice. Eventually take a leadership position.
Step 3. The company, wanting to keep you because by now you've become invaluable to them, wants to help you get your green card.
Step 4. Advertise your position as if they were willing to get rid of you the next day and replace you by a new hire.
Step 5. Continue with the green card process.

Can you spot some retarded-ness somewhere in this process? If so, join the ranks of the people who are outraged about the sheer fucking stupidity of the U.S. immigration process. You'll be in the company of H1-Bs like me and of companies who are trying to retain their top talent.

(And in case you're not getting it: the PERM process decried in that video? That's Step 4.)

Job description that can't be filled

[clay_buster]

I was at a customer in 2006 where all of our technical job postings were written so that no one would apply. We hired probably 200 people in a year, 90% of them through the H1-B program. They raised the experience level beyond what was required for the job and posted a pay rate on the bottom end of their scale. No one applied so they got to go the H1-B route.

One group posted a list of H1-B only job openings on wall at the entrance of their area. That lasted a week before someone pointed out that was killing morale.

Re:MOD PARENT UP

[rhsanborn]

This State Department site gives an overview of the employment based immigrant visas. H-1B is an employment based NON-immigrant visa.