vengaiah
10-17 05:02 PM
fromcisombudsman <Cisombudsman@dhs.gov>
toVengi Mutthineni
dateFri, Oct 17, 2008 at 2:49 PM
subjectRE: Please consider the request
mailed-bydhs.gov
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
toVengi Mutthineni
dateFri, Oct 17, 2008 at 2:49 PM
subjectRE: Please consider the request
mailed-bydhs.gov
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
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Humhongekamyab
09-10 11:49 AM
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
mirage
08-04 11:36 AM
There's no law that employer should borne the cost of GC. I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs. I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer. I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade. There are atleast 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
>> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
Good Luck.[/COLOR][/B]
>> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
Good Luck.[/COLOR][/B]
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WeShallOvercome
08-02 05:14 PM
Nebraska has issued only 2800 receipts for today...
How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!
How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!
more...
Libra
09-29 10:00 AM
Dear Gonzalez,
Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.
OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D
just kidding, take it easy.
Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.
OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D
just kidding, take it easy.
yabadaba
08-10 12:40 PM
no receipts for me too :( r Williams 7:55am 07/02
i m going go drinking to drown my sorrows soon.
i m going go drinking to drown my sorrows soon.
more...
addsf345
11-21 02:49 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!
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wellwisher02
04-01 09:26 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
more...
villamonte6100
04-02 01:57 PM
Villamonte,
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
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Green.Tech
06-19 04:51 PM
What are you waiting for?
more...
eb3july2003
04-17 08:13 PM
All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
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Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
more...
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redcard
08-12 12:44 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
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laksmi
01-07 03:46 PM
Dear Friends,
I have approved Advance parole but my name on Advance Parole wrongly printer, mistake of USCIS, what should I do and how long will it take to get it rectified, is any one had such issue please advice.
Many Thanks
I have approved Advance parole but my name on Advance Parole wrongly printer, mistake of USCIS, what should I do and how long will it take to get it rectified, is any one had such issue please advice.
Many Thanks
more...
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theonlyron
07-24 05:48 PM
I am a PT on an H1B visa working for the last 3 years. I have a pending I-140 (PD March 07). My husband and I shall be filing our I-485's soon. My visa screen is valid till Nov 2009. At the rate things are moving dont think my PD will be current for a while. Does that mean I have to renew my visa screen in 2009? Not sure if it had to be present at time of filing I-485 or at time of receiving a visa number.
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lskreddy
04-30 02:37 PM
I tried several times and it started finally working with real player. I think it is Lofgren who is giving the status of the backlog, wastage etc..
more...
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gc_chahiye
07-20 06:37 PM
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
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pappu
08-12 10:55 AM
Senate Passage of Border Security Legislation
August 12, 2010
Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….
The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….
The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.
In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.
Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.
When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.
Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.
But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.
Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.
The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.
Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”
The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.
This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.
Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.
While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.
But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.
Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.
Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.
The fee is based solely upon the business model of the company, not the location of the company.
If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.
But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.
This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.
Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.
Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”
The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.
So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.
Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….
The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.
August 12, 2010
Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….
The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….
The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.
In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.
Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.
When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.
Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.
But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.
Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.
The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.
Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”
The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.
This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.
Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.
While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.
But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.
Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.
Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.
The fee is based solely upon the business model of the company, not the location of the company.
If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.
But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.
This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.
Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.
Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”
The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.
So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.
Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….
The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.
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vinvin24
05-03 02:09 PM
If there is a template for fax and regular mail, we can get more people involved in this campaign. Thank you for your efforts.
sheela
09-28 07:38 PM
[QUOTE=JunRN;175492]They are working overtime for it, hopefully 24 hours as well.
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
eager_immi
02-12 10:56 PM
My spouse's is still pending
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
PD 03/20/2005
Philly backlog center
Lawyer is filling RIR
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