High Rate of H-1B Visa Fraud

A study finds that 13% of the visa petitions for U.S. employers to bring in skilled foreign workers are fraudulent

A report released Oct. 8 by the U.S. Citizenship & Immigration Services (USCIS) reveals that 13% of petitions filed for H-1B visas on behalf of employers are fraudulent. Another 8% contain some sort of technical violations.

The study, released to members of the U.S. Senate Judiciary Committee, marks the first time the agency, part of the Homeland Security Dept., has documented systematic problems with the controversial program. Technology companies, in particular, have come to rely on the H-1B visa program to bring in skilled foreign workers to fill jobs that employers claim can't be filled with U.S. candidates. Tech companies like Oracle (ORCL), Microsoft (MSFT), and Google (GOOG) have pushed to get more visas, claiming that a shortage of skilled workers is hampering U.S. competitiveness. Microsoft Chairman and co-founder Bill Gates has twice testified in front of Congress on the issue.

Critics say H-1Bs help U.S. companies replace American workers with less costly foreign workers. "The report makes it clear that the H-1B program is rife with abuse and misuse," says Ron Hira, assistant professor of public policy at the Rochester Institute of Technology. "It shows the desperate need for an auditing system." However, both Presidential candidates, Senator Barack Obama (D-Ill.) and Senator John McCain (R-Ariz.), have said they support expanding the program.

Q&A With Senator Barack Obama On Key Technology Issues

Immigration and H1B Visas

MA: What is your position on H1B visas in general? Do you believe the number of H1B visas should be increased?

BO: Highly skilled immigrants have contributed significantly to our domestic technology industry. But we have a skills shortage, not a worker shortage. There are plenty of Americans who could be filling tech jobs given the proper training. I am committed to investing in communities and people who have not had an opportunity to work and participate in the Internet economy as anything other than consumers. Most H-1B new arrivals, for example, have earned a bachelor’s degree or its equivalent abroad (42.5%). They are not all PhDs. We can and should produce more Americans with bachelor’s degrees that lead to jobs in technology. A report of the National Science Foundation (NSF) reveals that blacks, Hispanics, and Native Americans as a whole comprise more that 25% of the population but earn, as a whole, 16% of the bachelor degrees, 11% of the master’s degrees, and 5% of the doctorate degrees in science and engineering. We can do better than that and go a long way toward meeting industry’s need for skilled workers with Americans. Until we have achieved that, I will support a temporary increase in the H-1B visa program as a stopgap measure until we can reform our immigration system comprehensively. I support comprehensive immigration reform that includes improvement in our visa programs, including our legal permanent resident visa programs and temporary programs including the H-1B program, to attract some of the world’s most talented people to America. We should allow immigrants who earn their degrees in the U.S. to stay, work, and become Americans over time. As part of our comprehensive reform, we should examine our ability to replace a stopgap increase in the number of H1B visas with an increase in the number of permanent visas we issue to foreign skilled workers. I will also work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and would hold accountable employers who abuse the system and their workers.

http://www.techcrunch.com/2007/11/26/qa-with-senator-barack-obama-on-key-technology-issues/

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