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- Microsoft caves, in part, to online computing
- Eyewitness to H-1B scammers
- Social networking hits the bar scene big screen
- Is the slow economy hurting high-tech sales?
- Take the smarts out of smartphones
- U.S. Immigration [USCIS] changes selection process for H-1B visas
- Will the iPhone force Apple to change course?
February 28, 2008 | Comments: (0)
L-1 visas are being misused says immigration attorney
With the death of the Immigration Reform bill last year, the possibility of an increase in the cap for H-1B visas also died.
However, necessity being the mother of invention, companies are turning to another part of the alphabet, the L-1 visa, as a way to bring the same guest workers here that were unable to get in under the H-1B cap.
Now some believe the necessity is all about getting more skilled workers into the U.S. due to a dearth of skilled IT professionals in the States. Whereas others, myself included, believe the necessity is all about companies wanting cheap labor.
Meanwhile, Bob Meltzer, a top immigration attorney and CEO of VisaNow, an online immigration processing company, is one of the voices blowing the whistle on the current misuse of the L-1 visa.
One would assume the more avenues available for guess workers and or immigrants to apply for admission to the U.S., the more revenue potential for VisaNow.
So why is Meltzer blowing the whistle?
"We had people coming to us when they wanted to file L-1s [instead of H-1Bs] and we would say it is not appropriate," Meltzer told me. The motive, Meltzer explains, is to get Congress to recognize that the law is "bending toward breaking" and that Congress has failed to recognize the problem with the H-1B cap.
Obviously, Meltzer is in a position to know. He has been involved in immigration issues since the 80s.
[If you want more background on the L-1 visa go to this column, Senate opens inquiry of L-1 visa program I wrote last June. here. Also, read Homeland Security probes L-1 visa abuses in my March 2006 blog.]
The original intent of the L-1 visa was to allow multinationals or foreign companies with affiliates in the U.S. to bring in managers, executives, or people with specialized knowledge not available here.
The L-1A addresses the issue of managers and executives and L-1B allows people with "specialized skills" entry into the U.S. for a three-year stay.
But now the L category is being used where the H-1B falls short. If a company was going to bring someone in on an H-1B and missed the quota, now it may try to squeeze work credentials into the L category, says Meltzer.
But companies are getting greedy and bringing in dozens or even hundreds of workers in on the L-1, which is why the U.S. Immigration and Citizenship Services and the Department of Labor are beginning to suspect it is being misused.
"Obviously you don't need a hundred managers," Meltzer says.
Last year's Immigration Reform bill had some language that would put a cap on L-1s.
This isn't the first time L-1s were misused nor the first time the government attempted to crack down on the abuse.
According to Meltzer, some countries that wanted to bring people into the States for whatever reasons used to say those people were being sent to open up a new branch of a company. Uncle Sam got suspicious and sent State Department officials to the address in the foreign country to check out the company only to find it did not exist.
The government appears to be leaning once more toward tighter controls. The level of requirements and support documentation for the L-1 visa is being much more stringently reviewed and examined than just a few years ago, according to Meltzer.
We can assume that if the government does crack down on the misuse of L-1s, the hue and cry for eliminating the cap on H-1Bs will grow more strident.
But with the election not until November and the new president not taking office until late January, don't expect anything to happen with a review of H-1B visas for at least eighteen months.
Posted by Ephraim Schwartz on February 28, 2008 11:32 AM
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- COMMENTS
Thanks for writing about this important issue.
I've heard multiple times second-hand, and therefore allege, that Intel in Folsom is bringing over workers from India TO BE TRAINED in the USA so that they can then assume or transfer those key skills out of the country.
This does not comply with the usage of bringing in workers with skills that are "not available in the USA" - it is just the opposite.
consulting firms that bring in L-1 by the dozens pose unfair competition with firms that try to bid on contracts with Americans. Another allegation based on claims is that L-1 workers were displacing Americans at Chrysler recently.
Kim Berry is talking out of both sides of his mouth as usual. It is the stated position of the Programmer's Guild that they do not support an increase in the permanent green card program.
Well, in the absence of permanent you get temporary. And temporary means just that - when their time is up the workers take their skills and jobs with them.
I don't see why the Programmer's Guild would be upset at an outcome they have worked so hard to achieve i.e. temporary workers returning home.
Posted by: JEH20 at February 28, 2008 07:39 PMThe truth is, there is no shortage of software engineers in this country. Nor is there a shortage of H-1B Visas nor foreign workers according to…
1) The Urban Institute
2) The Sloan Foundation
3) The Rand Corporation
4) Harvard University
5) Duke University
1) The Urban Institute
Urban Institute report disputes shortage of STEM grads.
Into the Eye of the Storm: Assessing the Evidence on Science and
Engineering Education, Quality, and Workforce Demand http://news.cenews.com/article.asp?id=1035&page=1
http://tinyurl.com/37omtw < - - - the report http://tinyurl.com/3yohn9
http://www.youtube.com/watch?v=-kVA5UA38nE
2) The Sloan Foundation
Annual Report – Education and Careers in Science and Technology http://www.sloan.org/report/2006/sciwork.shtml
3) The Rand Corporation
Is the Federal Government Facing a Shortage of Scientific and Technical Personnel? http://www.rand.org/pubs/research_briefs/RB1505/index1.html
http://www.rand.org/pubs/research_briefs/2005/RB1505.pdf
4) Harvard University
How and Why Government, Universities, and Industry Create
Domestic Labor Shortages of Scientists and High-Tech Workers http://www.nber.org/~peat/PapersFolder/Papers/SG/NSF.html
5) Duke University
Study: There Is No Shortage of U.S. Engineers http://www.eweek.com/article2/0,1759,2111347,00.asp
Lou Dobbs
No Need for Cheap Foreign Labor http://www.youtube.com/watch?v=9LXvGD5HgIg
Hire Americans First
http://www.HireAmericansFirst.Org
Norm Matloff
Professor Ph.D., UC Los Angeles
Immigration Forum’s March 2006 E-Newsletter on Miano’s Study http://heather.cs.ucdavis.edu/Archive/NFAP.txt
Video Documentaries http://www.outsourcecongress.org/pictures/video
Coalition for the Future American Workers http://www.americanworker.org
American Engineering Association http://www.aea.org/pdf/AEA_POSITION_Workforce.pdf
Programmers Guild
http://www.programmersguild.org
THANK YOU
UNEMPLOYED ELECTRICAL & SOFTWARE ENGINEERS
=========================
FOCUS ON MEMBERS OF THE
Senate Judiciary Committee on Immigration, http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
Members such as…
Edward M. Kennedy, MA (Chair)
(202) 224-4543,
http://kennedy.senate.gov
Joseph R. Biden, Jr., DE
(202) 224-5042,
http://biden.senate.gov
Dianne Feinstein, CA
(202) 224-3841,
http://feinstein.senate.gov
Charles E. Schumer, NY
(202) 224-4124,
http://schumer.senate.gov
John Cornyn, TX (Ranking Member)
(202) 224-2934,
http://cornyn.senate.gov
Jon Kyl, AZ
(202) 224-4521,
http://kyl.senate.gov
Jeff Sessions, AL
(202) 224-4124,
http://sessions.senate.gov
Please urge these Senators to cosponsor the legislation described in the previous message.
TO CONTACT O T H E R CONGRESS MEMBERs
For Senators… http://www.senate.gov/general/contact_information/senators_cfm.cfm
Most (if not all) Senator website Web-Mail interfaces accept messages from all zipcodes.
For House of Representative members… http://www.house.gov/house/MemberWWW_by_State.shtml
Most Congressman website Web-Mail interfaces require your zip-code to be withing their district. To send message to other Congressmen, simply look for a relevant zipcode associated with their local district office locations.
Hardcopies of letters may also be stuffed into envelopes and addressed to all 535+ members of Congress using Mailing Labels available here...
http://clerk.house.gov/member_info/index.html
MS Word...
http://clerk.house.gov/member_info/wordmemberlabels_110.doc
Are you seeing a lot of Discriminatory job descriptions and websites as if "H-1B Visa" is a Bonafide Occupational Qualification, BFOQ? Report all such incidents to the DOJ-OSC...
1) Go here...
http://www.usdoj.gov/crt/osc
2) Click on the "FAQ & Forms" button (top center)
now you are here...
http://www.usdoj.gov/crt/osc/htm/facts.htm
3) In the upper hand side, click on "Charge Form", then "English" now you are here... http://www.usdoj.gov/crt/osc/pdf/engfrm.pdf
Fill out the form.
In section 9, "Describe the Unfair Employment Practice (use additional sheets if necessary)" Add this...
"Recruiting In Bad Faith: 20 CFR 655.805 - What violations may the Administrator investigate? http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_655/20CFR655.805.htm
(9) Failed to recruit in good faith, as required by §655.739 (if applicable);
20 CFR 655.739 - What is the "recruitment of U.S. workers" http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_655/20CFR655.739.htm
EEOC Regulations (collection for Age, National Origin, religion...
everything)
http://www.eeoc.gov/policy/regs/index.html
EEO:
EEOC 1614 Equal Employment Opportunity http://www.access.gpo.gov/nara/cfr/waisidx_06/29cfr1614_06.html
EEOC 1607 UGESP, Uniform Guidelines On Employee Selection Procedures http://www.access.gpo.gov/nara/cfr/waisidx_06/29cfr1607_06.html
AGE:
EEOC 1625: "Age Discrimination in Employment Act of 1967" http://www.access.gpo.gov/nara/cfr/waisidx_06/29cfr1625_06.html
NATIONAL ORIGIN:
EEOC 1606: Guidelines on Discrimination Because of National Origin
(USA)
http://www.access.gpo.gov/nara/cfr/waisidx_06/29cfr1606_06.html
The H-1b and L-1 visa programs create an ever-growing pool of cheap foreign workers who have some knowledge of the technologies and business processes that are created in America and used by businesses based in America. Thus, as more and more of these visas are issued over time, then it becomes easier for employers of all sizes to ship more and more jobs overseas.
Of course, not every professional job can be offshored. Sadly, those jobs that are difficult to offshore are being increasingly filled by low wage H-1b slaves that are desperate to get a greencard. More visas and more greencards means more offshoring as well as further wage suppression in the remaining jobs that are not offshored.
The H-1b and L-1 visa programs accelerate offshoring and the employment-based greencard program skewers the supply and demand so that there are more applicants for the remaining jobs, thus causing wage arbitrage here in the U.S.
The H-1b, L-1, and employment-based greencard programs are dismantling the ladders of upward mobility in America. It is time to shut these career destruction programs down completely.
Meltzer says that L-1s are beingmisued, and his answer is that the H-1B limit should be increased? Why not do away with both of these vile programs? Just because industry says they want more H-1B visas doesn't mean they should get them.
This is nothing more than the desire to import cheap labor, and it needs to be stopped. We need to hire Americans, not cheap foreign labor. If the politicians want growth back in the economy, they are going to have to create jobs for Americans, not for foreigh labor.
Posted by: FedUpWith H1BAndL1 at March 1, 2008 02:55 PMDisequalibrium in the American economy has reached the tipping point. The sub-prime mortgage crisis is a direct result of too many Americans and migrants competing for too few jobs.
Mortgage insurers are keenly aware of the fact that Americans and migrants can no longer qualify for traditional mortgages and lending into this depreciating market is no longer a sound business practice.
2000-2007
Growth NonInst. Civ laborforce = 23.2 million
Growth Employment = 11.6 million
We only have data up unto 2004 concerning American children...
Excluding immigrants, 8.5 million of our children competed for 5.6 million jobs between 2000 and 2004. (The total growth in the Civilian noninstitutional population for the 2000-2004 period was 15.8 million.)
To be technically correct, immigration does not depress wages, immigration depresses wage increases. More importantly, immigration causes inflated housing demand. Collectively, the lower Four fifths of wage earners had an 18% cost-of-living increase in 25 years, while housing has inflated 304% in 26 years.
Now Greenspan is sugesting an attack on the last prosperous fifth (top fifth) of U.S. wage earners.
"One thing the country could do to improve things [speaking to recession] is to allow more immigration of skilled workers."
"Significantly opening up immigration to skilled workers solves two problems," he said. "The companies could hire the educated workers they need. And those workers would compete with high-income people, driving more income equality, he said."
The problem here is that those in the upper fifth income bracket, are likely to own more that one home.
Due to the "second home mortgage deduction act" there are 6,180,000 vacant home which are not for sale and not for rent (held off market.) The construction industry is currently concerned about an excess inventory of 500,000 new homes. Further damaging American's ability to earn (through excessive immigration) can make the housing (home equity market) twelve times worse than it is today.
If your investment portfolio is real estate equity based or relies upon a stable USD -- population growth at twice the rate of job growth is not your friend.
The reality is that most of those not in university or college research programs are indeed just being brought in as cheap labor - and Congress thinks we don't notice - but we do.
When people ask why the Middle Class in America replaced the Republicans at all levels - this will be one of the primary reasons.
This is also why most people don't trust "Free" Trade (WTO, FTAA, NAFTA, etc) and want Fair Trade.
Posted by: Will in Seattle at March 3, 2008 11:21 AMThe reality of that situation is that business attorneys will find ways to help their clients ... be it E or L visas. The real problem is that many companies consult with multiple attorneys, and the first one tells what's possible and what is not. So they go to the second attorney, and lie in order to get them to work on it.
I am sure that every attorney has had clients where they found out that something is fishy after they have started working with them.
The truth is ... there is a real need for foreign workeers in the US, and congress chooses to ignore it.
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