extra_mint
04-18 08:13 PM
Congrats man...and thanks for sharing the details.
This helps a lot of ppl.
This helps a lot of ppl.
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rimzhim
02-07 02:10 PM
I predict the movement of PD for april'07 will be significant for EB2 India, EB3 ROW for sure. They would not hold up everyone in EB2 India, EB3 ROW at the current priority dates.
how significant? if the PD moves by 1 yr, half the ppl here will be relieved.
how significant? if the PD moves by 1 yr, half the ppl here will be relieved.
raj1998
04-19 09:37 AM
Congrats OP. That is real good news. encouragement to all other eb3 folks out there.
Good to know, some thiing got cleared at such pace, when USICS is notoriously known for working at snail's pace.
Good to know, some thiing got cleared at such pace, when USICS is notoriously known for working at snail's pace.
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dewang_lakhani@yahoo.com
01-19 09:13 AM
i am ready to contribute...please count me in...
Thanks,
Dewang
Thanks,
Dewang
more...
reachag
04-19 03:05 PM
Contributed 100$...more in a few days...
vsrinir
09-17 01:14 PM
OUR BILL H.R.5882 HAS GOT TO BE APPROVED BY BOTH CONGRESS (HOUSE AND SENATE) BEFORE SEPTEMBER 26TH, 2008 ie., COMING FRIDAY.
THERE WILL BE NO CONGRESS AFTER SEPTEMBER 26TH.
THERE WILL BE NO CONGRESS AFTER SEPTEMBER 26TH.
more...
santb1975
06-03 11:36 AM
We need more calls. The number of calls we make will get the Rep. to look into our bills and make a decision
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desi3933
01-29 01:01 PM
desi - from your posts - you always seem to look at things from all sides and your perspectives and views tend to look like "perfect law in perfect world"
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.
One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.
My views may be *bookish*, but they are based on lot of experience behind them.
BTW, I work full time for Fortune-50 company (Finance area).
_______________________
US citizen of Indian origin
Not a legal advice.
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.
One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.
My views may be *bookish*, but they are based on lot of experience behind them.
BTW, I work full time for Fortune-50 company (Finance area).
_______________________
US citizen of Indian origin
Not a legal advice.
more...
tampacoolie
07-21 08:07 AM
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.
My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.
please advice.
I also got an I-140 REF on A2P. USCIS requested my company's 2006 Tax Return, my 2006 W2 and 3 latest pay stubs. I am still waiting for my employer's tax return, However I am going to apply I485.
My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.
please advice.
I also got an I-140 REF on A2P. USCIS requested my company's 2006 Tax Return, my 2006 W2 and 3 latest pay stubs. I am still waiting for my employer's tax return, However I am going to apply I485.
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drona
07-13 09:21 PM
In a way it's better that there wasn't a huge announcement to solve the visa bulletin fiasco today because we have so many other issues in the employment-based green card process that need to be addressed, that any announcement might have only provided a short-term fix and moved away the focus. I intend to march my heart out and hope that we bring attention to our issues which hopefully shall be put right someday.
more...
sku
09-15 05:04 PM
what's the phone number for that VXG...
Call the service center where your case is (Texas or nebraska) not NSC.
Please ?
Call the service center where your case is (Texas or nebraska) not NSC.
Please ?
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PlainSpeak
04-20 04:51 PM
getgreen and bboy this is for you .......
Dont mind the hypocrites here. They are blinded by frustration and have lost their minds. In fact, at this rate, the time may not be far away when they decide to bid adieu
Dont mind the hypocrites here. They are blinded by frustration and have lost their minds. In fact, at this rate, the time may not be far away when they decide to bid adieu
more...
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Ramba
04-28 06:11 PM
Don't let lack of knowledge and fear of oppression take over your "thought process".
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
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legalVoice
04-29 06:01 PM
How much has been collected so far?
more...
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obviously
07-16 06:20 PM
the revised version is more pointed.
Here are a few other points to consider and highlight:
- That the woes of legal high skilled immigrants are completely forgotten
- Despite the fact that they pay taxes, social security etc
- They represent a continued American heritage of immigrants chasing the Great American Dream
While H1B workers might appear to 'displace US workers', the crux of the issue is that in order for US companies to remain innovative and competitive they cannot afford to take a hoary protectionist policy in talent management.
High skilled talent finds level ground, wherever it might be.
While the old world order was about national boundaries and international competition amongst countries, the new world order is about a flat world where transnational collaboration and commerce can enable wealth and job creation in any part of the world!
The presence of high skilled foreign workers INSIDE the US
- ensures that jobs remain in the US
- ensures that resultant taxes remain in the US
- ensures that resultant investments target the US economy
- apart from ensuring US competitive and commercial advantage
The oft repeated arguments about 'local talent being available but not tapped' is borne out of a sense of elitist entitlement; something that runs counter to the great American Dream and the quest for constant innovation, creation, improvement and execution.
The need of the hour should be on how to enable successful assimilation of high skilled labor and talent into the US economy such that the economic engines of efficient productivity are not hampered by artificial tarrifs and barriers borne out of a broken immigration system.
The quest for a color-blind, talent-oriented, country-agnostic immigration system has a long and sometimes troubling, history.
While the old world afforded the luxury of years to rectify imblances and imperfections in policy constructs, the new world leaves little room for inefficient alignment of policies.
The need to fix a broken legal immigration system is as much an economic reality as it is to address detrimental effects in womens' rights (spouses' rights), labor rights and free markets.
Here are a few other points to consider and highlight:
- That the woes of legal high skilled immigrants are completely forgotten
- Despite the fact that they pay taxes, social security etc
- They represent a continued American heritage of immigrants chasing the Great American Dream
While H1B workers might appear to 'displace US workers', the crux of the issue is that in order for US companies to remain innovative and competitive they cannot afford to take a hoary protectionist policy in talent management.
High skilled talent finds level ground, wherever it might be.
While the old world order was about national boundaries and international competition amongst countries, the new world order is about a flat world where transnational collaboration and commerce can enable wealth and job creation in any part of the world!
The presence of high skilled foreign workers INSIDE the US
- ensures that jobs remain in the US
- ensures that resultant taxes remain in the US
- ensures that resultant investments target the US economy
- apart from ensuring US competitive and commercial advantage
The oft repeated arguments about 'local talent being available but not tapped' is borne out of a sense of elitist entitlement; something that runs counter to the great American Dream and the quest for constant innovation, creation, improvement and execution.
The need of the hour should be on how to enable successful assimilation of high skilled labor and talent into the US economy such that the economic engines of efficient productivity are not hampered by artificial tarrifs and barriers borne out of a broken immigration system.
The quest for a color-blind, talent-oriented, country-agnostic immigration system has a long and sometimes troubling, history.
While the old world afforded the luxury of years to rectify imblances and imperfections in policy constructs, the new world leaves little room for inefficient alignment of policies.
The need to fix a broken legal immigration system is as much an economic reality as it is to address detrimental effects in womens' rights (spouses' rights), labor rights and free markets.
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sanjaymk
07-16 04:36 PM
signed and done.
Sanjay.
Sanjay.
more...
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franklin
07-12 01:57 PM
Just tried sending you a PM but it says you have exceeded your stored private messages quota and can not accept further messages until you clear some space. Perhaps you could activate the ability for members to send you an email?
Thanks - I just emptied things out!
Thanks - I just emptied things out!
girlfriend Tags: cars, supercars
Macaca
12-17 07:01 PM
From pages 8-9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
India-based Patni Computer Systems agreed with the Department of Labor that the company paid 607 workers on H-1B visas less than the prevailing wage in 2004 and 2005. The Department of Labor did not oppose Patni�s contention that this was due to an accounting error, since the government did not assess any additional penalties and concluded Patni�s actions were not willful. Patni agreed to pay approximately $2.4 million to the 607 workers, which comes to slightly less than $4,000 each.
It is worth noting that $4,000 per worker is likely less than what the company paid in various legal and government fees to sponsor the workers ($5,000 to $6,000 in legal and government fees).
India-based Patni Computer Systems agreed with the Department of Labor that the company paid 607 workers on H-1B visas less than the prevailing wage in 2004 and 2005. The Department of Labor did not oppose Patni�s contention that this was due to an accounting error, since the government did not assess any additional penalties and concluded Patni�s actions were not willful. Patni agreed to pay approximately $2.4 million to the 607 workers, which comes to slightly less than $4,000 each.
It is worth noting that $4,000 per worker is likely less than what the company paid in various legal and government fees to sponsor the workers ($5,000 to $6,000 in legal and government fees).
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grupak
01-30 05:35 PM
The two questions are very similarly worded... the original one is now Q35.
purplehazea
02-06 11:14 AM
So How come all we hear from the core team is requests for contribution? There is no detail of any actions/efforts that are happening currently? It will certainly be more engaging for all members to at least know what efforts are being worked on currently? I think expectations need to work both ways otherwise you just have an autocratic organization that has to follow and do as the leaders choose to do. Just my 2 cents and all you frustrated folks please take a deep breath before jumping in.
RandyK
11-06 11:50 AM
Senator Grassley sponsored H-1B Supplemental Fee legislation which the Senate passed but collapsed at the conference a few days ago. Yesterday, in the "unrelated" "Farm" Bill session, the Senator requested a ten-minute time and made the following statement on the Senate floor. Abstract of the statement -"It Ain't Over T'll It is Over."
Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.
Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.
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