Posted on 07/28/2019 2:00:55 PM PDT by NobleFree
One of the major changes at U.S. Citizenship and Immigration Services that the Trump administration implemented under Francis Cissna was to apply some scrutiny to the approval process for H-1B visas.
Previously, the H-1B program had been a rubber-stamp operation with a huge fraud rate in approved visas.
The situation was so bad that one could even import sex slaves into the United States using H-1B.
Now USCIS is taking the long overdue step of ensuring that H-1B workers actually have jobs or that the position is actually a specialty occupation that requires a college degree.
The change from no scrutiny to some scrutiny has caused shock waves among those involved with making H-1B petitions. Their strategy appears to be to flood the courts with lawsuits challenging H-1B denials.
However, that approach may not work.
This week the District of Columbia District issued an opinion in Sagarwala v. Cissna. Plaintiff Usha Sagarwala was in the United States on an H-1B visa. She sought to change jobs so that she would work as a "QA analyst" (Quality Assurance) where HSK Technologies in Piscataway, New Jersey would be her paper employer while she actually would work for Anthem in Wallingford, Connecticut. Anthem is one of many employer using the H-1B program this way to replace American workers with cheap, foreign workers.
Changing jobs requires getting a new H-1B via approval. In response to the petition, USCIS issued a Request for Evidence, asking the "employer" to show that Sagarwala was actually going to be an employee of HSK and that the position was a specialty occupation.
USCIS ultimately rejected the petition, concluding "there was insufficient evidence to conclude that the required degree was 'common to the industry in parallel positions among similar organizations' or that the position was 'so complex or unique that it could be performed only by an individual with a degree.'"
The District Court held "USCIS did not act arbitrarily or capriciously in concluding that HSK Technologies' petition did not describe a specialty occupation" and that "there is no basis under the APA for setting aside the agency's decision."
For those of us who have worked in the industry, the only thing surprising about this determination is that USCIS might have approved such a visa petition in the past. QA is not a position that requires a college degree. While some QA job postings list a degree as a requirement or nice to have, many do not.
The decision by the district court starts clearing away the legal obstructions to USCIS's end of rubber-stamping H-1B petitions.
Court Upholds H-1B Visa Scrutiny: The district court decision starts clearing away the legal obstructions to end the rubber-stamping of H-1B petitions
United States v. Lakireddy Bali Reddy
United States of America
UNODC No.: USA104
Fact Summary
Between 1986 and January 2000, Defendant Lakireddy Bali Reddy, who was the organizer and leader of the illegal sex, labor and human trafficking ring, and his codefendants, members of his family, conspired to bring Indian nationals into the US with fraudulent visas. Defendant Bali Reddy brought many of his victims through exploiting the H-1B visa system [...]
H1Bs should be abolished, period.
H1Bs should be abolished, period.
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Agreed. America can do far better by developing the talents and skills of native Americans.
Wrong. H1-b is right program.
America should skim the elite from around the world and assimilate them into our economy.
America should skim the elite from around the world and assimilate them into our economy.
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Hey... let’s take the top 5% of the world’s Muslim population and bring them here. What could possibly go wrong.
Sure, if you like hollowing out the middle class and replacing our STEM sector with incompetent Indian and Chinese workers.
In a previous life, I was a hiring manager for H-1B at a major tech firm. It was and still is a major scam. We (the firm) used it to keep wages suppressed.
And while we kept our labor rate low, we eviscerated the Graduate schools of US students and ate our own seed corn.
I detected a whiff of elitist snobbery about you so I did a quick search to see “where you’re coming from”. And quickly saw the below post. Despise Americans much?
..............
“I couldn’t agree more with an article. I am sick of subsidizing America’s blue collar manufacturing employees. If they can’t compete then too bad...adapt or else.”
http://www.freerepublic.com/focus/news/3761633/posts?page=5#5
There are a gazillion non-immigrant and immigrant visa classifications:
(Push the ‘+’ next to the category to see that list)
And yes, once H1-B visas are clamped down, they will use other visa entries to do exactly the same thing.
The amount of fraud with H1Bs is staggering as well, the credentials they use are bogus and a lot of their degrees are from diploma mills. It’s a gigantic racket.
So, who you pimpin' out instead native born Americans, pimp?
A massive India Indian influx has occurred under the H1B program. Indians have big families, The H1B recipient somehow has the right to bring in their entire family, to include parents, grandparents, etc, as well.
There is an Indian invasion of America occurring.
Ever visit India? DO we want America to transform into an India like place? How about if migrant Indians exercise speaking proper English, talk to their children in English when in public, and lose the nutty head thing? And oh yea, start tipping for services provided to you. They seem like one of the cheapest ethnic minorities going.
Learn English.
H-1B is the opposite: low-paid low-skilled drones.
H-1B is just another method of invading and looting of America.
You obviously have not worked in IT industry.
DUMB DUMB DUMB!
We don’t need MORE elites. We need a proper labor market without artificial flooding of people from all over.
Immigration has been the number one reason for low real wages since the 1970’s.
H1-B is not about elite, but replacing American middle-class workers with cheap foreigners mostly from India but also from other countries.
It is a racket just like coyotes bringing in illegals across the southern border.
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