Indian H-1B Visa Fraud

We will contact USICS for this year's Indian fraud on H-1B visa petitions! Disclose these disgusting deeds of the Indian sh*ts!!!


http://www.techlawjournal.com/employ/19990506.htm

House Immigration Subcommittee Holds Hearing on H1B Visa Fraud

(May 6, 1999) The House Immigration Subcommittee held a hearing on Wednesday morning, May 5, on non-immigrant visa fraud, including fraudulent applications for H1B visas. Congress expanded the annual cap on H1B visas last year because of a shortage of high-tech professionals in the computer industry.

The bill was designed to relieve a shortage of high-tech professionals in the computer industry. Computer industry executives lobbied and testified before committees that there is a severe shortage of high-tech workers which is threatening the industry. The bill increased the number of H1B temporary worker visas from 65,000 to 115,000 in 1999, 115,000 in 2000 and 107,500 in 2001. The visa limit will return to 65,000 in 2002.

Witnesses at a hearing of the House Judiciary Committee's Subcommittee on Immigration and Claims said that fraud by both visa recipients and corporate sponsors is rampant, that government agencies do not have the resources to deal with the problem, and the recipients of fraudulently obtained visas are rarely prosecuted or deported.


Rep. Smith

These reports led Rep. Lamar Smith (R-TX), who presided at the hearing, to question witnesses, "What is the point of having all these visa laws on the books if we don't take any action against the people who violate them?" and "Does that sound like an immigration system that is working?"

Rep. Edward Pease (R-IN) asked one panel of witnesses, "Why is it that we are not prosecuting the folks who are the beneficiaries of illegal activity?" Michael Bromwich, Inspector General of the Department of Justice, answered that "the system would be flooded with cases."

Prepared Testimony of Witnesses
(Hypertext links are to HTML documents in the House Judiciary Committee web site.)

Michael Bromwich, IG, Department of Justice.
Jacquelyn Bridgers, IG, Department of State.
William Yates, INS.
Gary Bradford, Texas Service Center, INS.
Nancy Sambaiew, State Dept., Bureau of Consular Affairs.
Jill Esposito, State Dept., Bureau of Consular Affairs.
John Ratigan, Paul, Weiss Law Firm.
Lynn Shotwell, Am.Council on International Personnel.
Mark Mancini, Wasserman, Mancini, & Chang Law Firm
However, witnesses did state that when the recipients of fraudulently obtained visas are engaging in additional illegal activity, such as drug trafficking, action against them is taken.

Jill Esposito, of the Visa Office of the State Department, testified about an example of H1B fraud. An American company sought an H1B visa for a foreign worker to serve as its "comptroller" to "direct the financial activities of the company." The worker was interviewed by the State Department in his country, and it was learned that he did not speak English, that the company was a donut shop, and that it was owned by his sister. (See, Esposito testimony, below.)

William Yates of the Immigration and Naturalization Service (INS) stated that the INS did a study of 3,247 cases referred to an American Consulate in India. He said that "they were unable to verify the authenticity of close to 45% of the claims made on the petitions. Twenty-one percent of the work experience claims made to the INS were confirmed to be fraudulent in this investigation." (See, Yates testimony, below.)

Yates testified that "the INS must rely on the American Consulate personnel as the means of verification." However, Esposito of the Bureau of Consular Affairs, testified that "we simply do not have the staff to conduct routine investigations for the INS."

In addition to beneficiary fraud, there is requesting company fraud. Yates described this as follows:

"Examples of fraud associated with the requesting company include instances where: the company is non-existent and/or operating from a post office box, residence, apartment, or many companies are sharing one of the above. Often the requesting company acts as an employment agency, petitions for the foreign workers, but then attempts to find them other jobs, with associated additional fees, paid for by the intending company. In some cases, an existing company petitions for employees, but terminates them on arrival, enabling an otherwise ineligible person to enter into the U.S. These actions are accomplished both with and without the beneficiary's advance knowledge."

Rep. Smith presided at the hearing. Rep. Sheila Lee (D-TX), Rep. Edward Pease (R-IN), and Rep. Bob Goodlatte (R-VA) also participated.

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