Reader Mark Surich was looking for a lawyer with Croatian connections to help with a family matter back in the old country. He Googled some candidate lawyers and in one search came up with this federal indictment. It makes very interesting reading and shows one way H-1B visa fraud can be conducted.
The lawyer under indictment is Marijan Cvjeticanin. Please understand that this is just an indictment, not a conviction. I’m not saying this guy is guilty of anything. My point here is to describe the crime of which he is accused, which I find very interesting. He could be innocent for all I know, but the crime, itself, is I think fairly common and worth understanding.
Read the indictment. It’s short and quite entertaining.
The gist of the crime has two parts. First Mr. Cvjeticanin’s law firm reportedly represented technology companies seeking IT job candidates and he is accused of having run on the side an advertising agency that placed employment ads for those companies. That could appear to be a conflict of interest, or at least did to the DoJ.
But then there’s the other part, in which most of the ads — mainly in Computerworld — seem never to have been placed at all!
Client companies paid hundreds of thousands of dollars for employment ads in Computerworld that never even ran!
The contention of the DoJ in this indictment appears to be that Mr. Cvjeticanin was defrauding companies seeking to hire IT personnel, yet for all those hundreds of ads — ads that for the most part never ran and therefore could never yield job applications — nobody complained!
The deeper question here is whether they paid for the ads or just for documentation that they had paid for the ads?
This is alleged H-1B visa fraud, remember. In order to hire an H-1B worker in place of a U.S. citizen or green card holder, the hiring company must show that there is no “minimally qualified” citizen or green card holder to take the job. Recruiting such minimally qualified candidates is generally done through advertising: if nobody responds to the ad then there must not be any minimally qualified candidates.
It helps, of course, if nobody actually sees the ads — in this case reportedly hundreds of them.
When Mr. Cvjeticanin was confronted with his alleged fraudulent behavior, his defense (according to the indictment) was, “So let them litigate, I’ll show everyone how bogus their immigration applications really are.” Nice.
If we follow the logic here it suggests that his belief is that the client companies’ probable H-1B fraud is so much worse than the shenanigans Mr. Cvjeticanin is accused of that those companies won’t dare assist Homeland Security or the DoJ in this case. Who am I to say he’s wrong in that?
Employers are posting jobs that don’t really exist, seeking candidates they don’t want, and paying for bogus non-ads to show there’s an IT labor shortage in America. Except of course there isn’t an IT labor shortage.
My old boss Pat McGovern, who owns Computerworld, should be really pissed. Pat hates to lose money.
Seems like a case of nailing the little guy in the hope that he’ll grass up his employers. I’m not a US citizen but full marks to you, Bob, for your campaign of shining a light on the H-1B problem. If I were a US IT worker I’d be mad as hell if I were unemployed because major corporations were hiring essentially illegal immigrants.
> I’d be mad as hell
…because I can’t compete in a global marketplace.
sucks to be you. Meanwhile, those who can compete are people too, just as worthy of our sympathies and affections as you and yours. If they are prepared to work for less, why should we take their side over yours? Isn’t this the very essence of capitalism?
What you are describing is a future “United States of the World” where everyone has the freedom and mobility to work anywhere and obtain their goods and services (i.e. living expenses) from anywhere. I can’t obtain my living expenses (housing, taxes, electricity, communications, health care) from China so my major expenses and standard of living are fixed by my country of residence. For that reason I must charge more for my services than others. By circumventing the intent of H1-B, companies can create “selective immigration” that simply reduces the opportunities for employment. In other words, if my expenses were in line with those of the Chinese, I could survive on less income. We can’t blame companies for trying to save money by using “imported” labor. We can rely on the rule of law to be enforced as intended for the benefit of the country and its citizens.
You do realize these h1b workers are living in th US. So your point is mute.
>so your point is mute.
His point is silent and unable to speak? Really?
>…because I can’t compete in a global marketplace.
Not when the competition works for a fraction of the price.
The fraud extends beyond VISA fraud in an attempt to hire cheaper workers to replace Americans. These workers are not only cheaper, but also generally unqualified. Google “fake resume asia” or “Asians cheat school.” Also google h1b along with the terms “healthcare.gov, vista, NCtracks”. The H1B’s have a track record for the past 10 years or amazingly shoddy work. Want a laugh? Check out the Discovery ad about “peggy” running a call center where a frustrated American voice is blown off by a Russian call center (Russians were chosen for political reasons.) I have never called into a call center and wound up wasting my time with an unqualified CSA who spoke with a Russian accent.
Anyways, the fraud extends to Enron style accounting tactics in the USA where IT VP’s are told by the CEO to cut costs by half in any way possible and the VP replies they have found an outsourcing firm or H1B’s promise to do it for half (or whatever else they want to hear). The VP wants to keep their job and the CEO doesn’t care what happens (since he’s got a golden parachute waiting) so they make the deal and and as the quality of the product goes down the toilet, the VP gets transferred into another division and the CEO takes off leaving the next generation of leadership (and the workers, shareholders, and consumers) holding the proverbial bag. Failing to learn their lesson from the last mistake and still being told that they need to cut costs, they repeat. As long as the stocks continue to go up because of juggled accounting statements (SOX is a joke), it’s all ok. Just like with Real Estate in 2006. Real estate ALWAYS goes up, right?
sounds like you need to move to india. Cheap scab indian workers can compete with anyone in the world – IN THEIR OWN COUNTRY. American get to decide who comes to work in the U.S., not indian scabs, not cheap and stupid H1B’s, and definitely not liberal-minded one-world morons.
Since you hate America, why don’t you leave, or don’t come here if you aren’t already here. We don’t need anymore fools like you in this country
If only American business would put as much effort into what they make and sell as they put into the anti-labor jihad.
THIS IS NOT TRUE, THERE IS NO REQUIREMENT TO HIRE AN AMERICAN OVER THE H1-B’s ..Check out the Dept of Labor Website.
“remember. In order to hire an H-1B worker in place of a U.S. citizen or green card holder, the hiring company must show that there is no “minimally qualified” citizen or green card holder to take the job. Recruiting such minimally qualified candidates is generally done through advertising: if nobody responds to the ad then there must not be any minimally qualified candidates.”
DOL website:
“Foreign Labor Certification
Foreign labor certification programs are generally designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.”
https://www.dol.gov/dol/topic/hiring/foreign.htm#doltopics
oh yeah, and everyone always follows the law…wake up sleeping dooty..
TITLE 8, SECTION 1182 – INADMISSIBLE ALIENS
says NO foreign workers can work in USA as long as Americans are out of work.
Read it and weep, commie.
Ok fellow Americans now let’s start suing companies under this law. You can get foreign workers thrown out and make sure Americans get the jobs.
I agree with you in this, but how
(ii) Certain aliens subject to special rule For purposes of clause (i)(I), an alien described in this clause is an alien who—
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
(iii) Professional athletes
If section 2 is interpreted in a extremely liberal manner, virtually no worker is protected from H1-b visa holders or immigrant labor in general. Not if you work in a field that requires a BS degree, not if you work in education, not if you work in manufacturing, welding, machining, etc. (all “science” lolz), not if you work in Engineering, Comp-science, etc. (all REAL science) . So politicians are way ahead of you on trying to insert loopholes into the legal system to allow their buddies to scam American workers and they’ve done it so successfully that the law now protects no one from corporations greediness.
Not sure what to do, I’ve watched as every single Indian H1-b immigrant from the engineering program I went to obtain employment- regardless of the fact that most cheated on 80% of tests and most are lazy (really, really, really lazy) , not to mention that GPA’s they’ve carried over from India don’t work the same as American GPA’s (which is used these days to disqualify a lot of American workers for given jobs they would be perfectly capable of doing). It’s sad the world is what it is, giving jobs to the children of Indian aristocrats while screwing middle class Americans (who don’t have connections or resources) out of the jobs they are perfectly capable of performing proficiently at. Everything I thought I knew about the U.S is wrong, it’s not a meritocracy, it’s far from egalitarian and there was no point to me obtaining a degree because I’m stuck tutoring math for 13$’s/hr instead of doing engineering which is what I’m good at. Very very frustrating indeed.
this is what said on the website, but the truth is that employers advertise the job and at the end says we could not find some one with the qualification, also this is lies, this is just to get the cheap h1b visa hold with fake resume in place of the us citizen person.
how this can be stopped?
It’s not just fraudulently advertised (or “sort-of-advertised”) positions. I constantly get emails from people who obviously hail from India, giving me job leads that are on the opposite side of the country, for programming jobs when I obviously am not a programmer, etc. At the beginning I had just thought the “recruiters” sending them were simply lazy and/or incompetent. Now I think it is all part of the H1B scam, and they were *intentionally* sending me those “job leads” so they could claim they looked for an American for the job. I expect there’s some poor schmuck in San Jose getting job leads for Poughkeepsie…
In the UK we’ve a different problem. Yes, we have immigrants from Eastern Europe being employed, but that’s not the problem. The real problem is that we’ve got too many lazy so and sos on our really generous welfare system that don’t want to work. Not ever!
However, Bob, you’re absolutely right to go after the H-1B fraud. Although I suspect it’s long since time that the likes of IBM rolled over and died allowing a fresh company to grow; perhaps several new companies too.
That’s where the opportunities lies for any new start up. And, as you’d pointed out before, that’s where jobs are created.
I think the entire idea of outsourcing to another company it nuts. I have been in IT long enough that I remember when you needed to do a large project that you had no in house skills to do per say, you hired a consultant. Now that person or company came in because they had a real skill set for doing the given task, rolling out a new operating system, converting over to Active Directory…. and it cost you dearly, maybe hundreds of dollars per hour. Now companies outsource to not be bothered. What do you get, a company that frankly does not know your company, it is a glorified employment agency that puts ads on Monster, hires people at bellow market, with less less of a skill set and makes all kinds of big claims!
Now lets think about the basic idea of that for a second. I live in the Central Valley of California, lots of big farms here. Two companies here process 80% of all the fresh carrots sold in the US. I know they use and have used a bunch of outsourced resources. Can you imagine walking into one of the CEOs office of those large companies and say, “you don’t know squat about how to grow and process carrots! I have this system that produces 15% more carrots, and processes them through our pattented plant 15% faster, your profits will explode!” What do you think their reaction would be, yet companies abdicate their authority all the time for their IT services? One of these companies I know one of their admins. They have somewhere around 100 servers, virtual and otherwise, hundreds of workstations, other server farms and workstations at 20 remote locations and the IT part of the biz doesn’t warrant a VP of IT? HUH?
This scheme, or some variation of it, is as old as the hills – to my knowledge it’s been going on for 40 years and it works because the INS as was, DHS now never actually asks for evidence that the position is essential or that the advertisement placed actually matches the job. It’s child’s play to write an advertisement for a job that will get absolutely zero qualified applicants but that’s not what he seems to be charged with – his problem seems to be that he failed to place the adverts.
Was he greedy or dumb – or did he realize that nobody in the government actually cares? What the responsible DHS departments are really worried about is Company A/B/C etc. complaining to their congressman and the resulting publicity and pissed of CEOs complaining about how their companies are held back because the government refuses to help with the “labor shortage” – which as you correctly point out, doesn’t exist.
I wonder if Ricky Patel has much of a future with the DHS after this?
“…complaining about how their companies are held back because the government refuses to help with the “labor shortage”…” Good point. That reminds me of the government’s part in the 2008 debacle. Constituents complained that the government was not helping with the “housing shortage” since they couldn’t qualify for a loan. The government’s answer was “affordable housing”. The rest is history.
Labor shortage? 90 million Americans are on food stamps. Surely SOME of those can fill these jobs.
After all Americans invented IT long before lazy 3rd worlders ever got here.
And India is STILL unable to build enough toilets for its own people.
Americans are being kept out of the best tech jobs by jealous 3rd worlders who need to ape us to feel important.
H1B is welfare for corporations, and a way to keep wages down by way of hiring indentured scab slaves. The labor participation rate is as low as it’s been in 20 years, and we don’t have a tech worker shortage…time for cheap-‘n-easy H1B scabs to be go back home to their awesome country which produces so many, many geniuses…let them head back to india, and solve their own unemployment problems, American citizens aren’t paying taxes to fix india’s social problems..Go Home Visa
There is another variation a scheme to be less than honest about about hiring foreign IT/high tech ppl…Craft the ad to list a very specific capability/knowledge that the foreign worker has, e.g. just finished his/her thesis on ‘x’ and details about ‘x’ are requirements in the ad. This cuts down immediately on the number of respondents…if there is an applicant where there is a ‘close’ match to the requirements, the final evaluation is always that the ppl doing the hiring wanted the person to be fluent with the skill set immediately. I’ve seen this happen 4-5 times in a couple of organizations.
TPTB have chosen their winners and they are roughly the same as last year’s.
Should domestic workers repay the favor by dancing right up to the line of fraud? Or should they go full Snowden, do whatever it takes to get the position then put the company’s crown jewels up on dropbox? Information asymmetry is power and they already know this.
Full Snowden — I like that.
The problem is that our immigration system, including H1B, is insane. The problem with H1Bs in particular is that workers are tied to a particular company, which artificially depresses their wages. I understand the concern of some that if we throw open the borders to unskilled workers it will depress the wages of the native-born unskilled. But let’s set that aside for the moment. If someone can get a job offer from a U.S. company in relatively high-paying field like technology, then by all means, they should be encouraged to move here and become a permanent resident and eventually a citizen. They also shouldn’t be limited to working for the employer that originally hired them. If they can get a better job somewhere else, then they should be able to do so.
The idea that there are a fixed number of jobs to go around is nonsense economics. Skilled workers contribute to economic growth, which in turn contributes to job growth. And that’s before we get into the fact that something like a third of large Silicon Valley companies (Google, Sun, Apple, Intel, etc.) were founded by immigrants or the children of immigrants. Were the founders of those companies “stealing” jobs from Americans? The question is so absurd that to ask it is to answer it.
Are you from India?
USA has LOST 28 million jobs since the invasion began in 1998. 10 million of those just since O took office. Infinite number of jobs? Think again.
Every great industry was first invented by white Americans, then taken over by others.
America makes, the world takes.
Why don’t we start demanding India and China invent some new industries for a change and give the jobs to 90 million unemployed Americans?
After all, we’re all globalizing, right?
you sound like a scab H1B lover from india if I ever heard one before…who do you think you are fooling with that Hinglish ???
It’s not that this has been going on for years.. we all know that.. it’s that now there is some hard evidence that could be used to revoke a lot of active workers visas and enact change.
It’s sure to get buried – I think Ricky Patel is going to back-pedal once he realizes what can of worms he’s opened. Then again, maybe he’s really on the side of defrauded U.S. tech workers despite filing the action on behalf of defrauded companies?
Depending on Ricky Patel’s true intentions… nothing may come of this unless instigated by U.S. tech workers ( organized somehow by, for example, unaffected competitive companies ).
TITLE 8, SECTION 1182 – INADMISSIBLE ALIENS
Use it. Start suing companies that hire foreign workers.
wake up bozo, it has been going on for years
Reading page 7 of the indictment, I wonder who Cvjeticanin’s ICE contacts are and how much they have done for him over the years as a result of simple phone calls….
I wonder if some of these on-line job boards resume tracking/screening sites are also in on this scam?
Seems it would be pretty easy to tweak the “screen” to throw out resumes from a specific geography and just claim that they didn’t meet the posted requirements. Then they could provide supporting statistics to show that there were no qualified applicants. They could hide behind their proprietary algorithms as “trade secrets” so they wouldn’t have to reveal how candidates were filtered.
I guess I’m just paranoid…
In the Bay Area, one of America’s largest companies has just opened a software center; its employee base is roughly 90+% East Asian Indian (they employ several hundred people). These H1-B’s (or ex-H1-B’s who have obtained citizenship or green cards) get hired as “full-time” (mostly), while non-East-Asians are hired (mostly) as contractors. I can’t verify this, but I have heard that some significant number of the H1-B’s (or former H1-B’s) at this company are grossly incompetent, with internal, ethnic-based nepotism and favoritism run amok.The entire hiring scheme should be looked into there as a major fraud, perpetrated on the US Government and qualified American tech workers. Instead of looking into this (they were alerted), we continue to hear more deception from the likes of Bill Gates, John Chambers, Mark Zuckerberg, etc. etc. about how we need more H1-B workers. What’s really scary is that a lot of these H1-B are incompetent coders, and yet are working on software projects that are critical to necessary American infrastructure.
The tech sector has been hallowed out by decades of H1-B abuse. I personally know highly-qualified IT workers who end up talking to – guess who? – Indian recruiters, for almost every tech job that they find!! I have personally seen RFP’s for Quality Assurance positions (and many others) that demand requirements that are in NO WAY necessary for the job. I have seen people who trained H1-B’s (who literally knew NOTHING when they came here), positioned above the American IT workers who trained them, even though they are not nearly as qualified as the American tech worker that they are now “managing”. It’s a pathetic and sad thing to behold.
Just imagine, if the current H1-B proposals are made into law, H1-B spouses will ALSO be able to gain immediate employment. Dumping this many new into a challenged California economy is little more than a betrayal of QUALIFIED American workers (no matter their ethnicity).
The entire H1-B scene, as currently existing, is a SCAM of major proportions. We should be publicly vilifying and JAILING American executives and their helpers who engage in this fraud.
What’s maddening about this is that the issue of providing (or, not providing) citizenship to the large number of “illegal” agricultural workers is used as a “cover” to sneak in more H1-B’s, especially from India and China.
What company is this?
To be fair, a lot of the reason why some people are promoted over others is because of their ability to say “how high?” when the customer says “Jump!” I know plenty of people who moved from tech positions to managerial positions because they know how to say yes and then beg people to save their ass when they get in over their heads.
Technical expertise != managerial skills. Unfortunately, that also means that “sucking up to the customer” != “managerial skills” either.
I have a degree in business and I’ve been both project lead, project manager, and lead developer on over 18 major software products – including on PlayStation @ Sony and software @ Apple.
I’m unemployed. Guess I’m not good enough either, right?
The fact is Raj is here keeping white Americans out of IT jobs.
That’s the truth and reality of what is going on.
Not surprised at all. Speaking of ComputerWorld, it is filled with ads clearly not intended to be read. Each has a number, probably used for compliance reasons.
Employers should be required to make a good faith effort to hire American workers before being allowed to use programs like the H-1b.
The ComputerWorld ads are about as blatant as it gets without actually saying “Americans need not apply”.
The interesting aspects of this case are (1) it was the law firm that discovered the problem and (2) the big problem was the payment for services that were not provided. This would have been a problem with or without involving visa work. The fact H1B was involved was more coincidental than material to the case.
….
This was a small operation and was probably caught when responsible people spoke out. How does the massive abuse of the system by big firms evade detection? IBM just brought in a bunch of people to help my firm with a project. They all flew in from India, came in through different airports, and on different days. Gee I wonder why?
….
Is anyone from the immigration or justice department reading this stuff? Seriously guys!
“Small operation”? Hundreds of thousands of dollars in ads alone is how you define a “small operation”? At the time this took place, Cvjeticanin was working for a major NYC law firm.
“caught when responsible people spoke out” Right, “responsible people”. More like people who were angry because the grunt lawyer in question pocketed all the cash for himself.
Cvjeticanin knew that the ads were part of the H-1B visa ruse. The ads were not, and are not, intended to actually find qualified American employees. The ads are intended to provide plausible deniability, “You see, we really, really, really, tried to find qualified American workers, really we did, prove otherwise.”
Cvjeticanin knew the law firm’s clients weren’t going to be checking Computer world ads…and they didn’t. He knew the gov was not going to be checking those ads…and they don’t. If there are any questions, they just ask to see the invoices, and invoices were generated. Need proof? Go back and read the indictment where Cvjeticanin says, and I paraphrase, “They(the clients) are not going to complain, they got all their labor certs approved.”
The only reason we’re hearing about this is because the lawyer in question went Tony Soprano and kept ALL the cash for himself. He figured he could safely do this by threatening to expose the entire scam if anyone complained. The Dons, er, I mean partners, of the firm, called his bluff and fired him, and then contacted the feds. These are the questions that need to asked now: Will Cvjeticanin carry through on his threat to go (as one poster wrote) full Snowden? Will the feds and law firm cut a deal with Cvjeticanin? Will the feds and law firm bury this guy by any means necessary? Considering the kind of money that’s involved in the H-1B visa scam, I’m gonna guess that Cvjeticanin is the one who is going to end up “dead meat”.
Thank you Mark for your perspective on this subject. One of the things that bothers me about this story is it is the first story like this I’ve heard. I find it highly unlikely this is the only case of abuse of the H1B system. Anyone who is working in the IT industry knows what has happened. How many friends do you have who have lost their jobs? I know of kids graduating college with degrees in IT and Engineering and can’t find work. I am very much in favor of immigration. The cultural diversity is one of the things that makes our country great. We need however, to have visa and immigration policies that do not hurt our people and our economy. What is being done with H1B does not serve the common good.
I’d say that H1-B was important and that they actually received what they paid for because of it. They did not want to buy employment ads but only documentation (a bill) that they placed ads. And the reason was to have an excuse to use H1-B.
Just in case anyone here has not seen this yet, watch as immigration attorneys from Cohen & Grigsby explain how they assist employers in running classified ads with the goal of NOT finding any qualified applicants.
.
A direct quote (at 1:42 in the video): “Our goal is clearly NOT to find a qualified and and interested US worker. In a sense, that sounds funny, but it’s what we’re trying to do here.”
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https://www.youtube.com/watch?v=TCbFEgFajGU
Easy way to kill the H1-B abuse – make H1-B visas cost money – say $30,000 per person per year. This would make it cheaper to hire a US citizen (or green card holder) than a H1-B holder. (If there is a particular skilled person (e.g. a skilled PhD) that is wanted then the company can just pay the fee while helping the person to get a green card.)
These type schemes never work because enforcement is too poor. The Federal government never has the resources to properly enforce these type of provisions and the immigration law firms know that so they find ways to go around any requirement. That is essentially how H-1B program got corrupt. Is there going to be a court which will convict companies that don’t pay their $30,000 fees? No.
> The Federal government never has the resources to properly enforce these type of provisions
Yeah, that might require lazy-ass government bureaucrats to get off their butts and actually do their jobs. Just think of how high the unemployment figures would be if government employees that weren’t doing their jobs actually got fired?
When your Majesty says, “Let a thing be done,” it’s as good as done — practically, it is done — because your Majesty’s will is law. Your Majesty says, “Kill a gentleman,” and a gentleman is told off to be killed. Consequently, that gentleman is as good as dead — practically, he is dead — and if he is dead, why not say so?
W.S. Gilbert, Koko, The Mikado, 1885
I’ve heard that the Silicon Valley companies, when they want H1B workers, hire similar middlemen to take out help wanted ads that will not find the “intended” audience. But instead of not actually running the ads, they actually do. They’re just run in a Penny Saver like publication that is only distributed in the poorest sections of the East Bay where no software engineers will ever find them.
I thought all of this was well known within the industry.
Just let employers hire anyone they want without quotas, but charge a fee of the higher of 150% of market-wage minus actual wages or 50% of actual wages for anyone without a long-term non-employer-specific work permit.
For minimum-wage *$7.25/hour) jobs, the fee+actual wages would be $435 per 40-hour workweek. For a high-tech worker with a job that should get $80K/year, the fee+wages would be $120K/year, even if the employee was willing to work for under $80K.
I’d be willing to limit the fee to $50K if the employee was paid more than $100K. I figure if I’m competing for a $100K+ job and some guy from India is willing to undercut me but still be over $100K, I don’t need the full protection/deterrence that “150% salary cost” above would provide, but my prospective employer should still have some incentive to hire someone who already has a long-term, portable work permit, green card, nationality, or citizenship.
Same problem as with the $30,000 fee suggested above. Who’s going to (really) enforce it?
Bringing in third world people is a health risk, brings in the cast system, and lowers wages and standards.
We also hold our own to a higher standard than the Indians or Chinese.
The Indians commit infanticide, have std’s in children, which means they rape their own children, and multiple other diseases like polio and hepatitis for the Chinese, they also have a cast system with a managerial class at the top and an untouchable class at the bottom.
They live in squalor and have a society based on casts and eat insects, put insecticides in their food accidentally.
Because of the cultural differences just convincing an Indian doctor to wash their hands can be a challenge.
All these things that would be completely unacceptable in our own people are completely acceptable in the name of profit, despite creating health risks and social problems and lowering taxes wages and the general well being of the country.
On top of which they only hire their own kind, and this is not questioned as racism in the name of profit.
These are not values and customs we would tolerate in the us from our own kind, or in Europe, but in the name of profit we run huge health and public safety risks as well as lowering wages and taxes and increasing unemployment for our non Indian population including everyone non Indian.
We hold our own to political correctness but import people from the third world with sub standard and unacceptable standards
another problem is having less skilled cheaper labour does not translate to cheaper development costs
This is documented partially in the mythical man month
It’s better to have higher skilled belter paid more elite workers, because of the comunication dynamics and advantages of being more elite
A similar example would be having an elite fighting group going against an unskilled group, or semi skilled group
The elite group has less casualties better results, is more efficient and comunicates better
The same is true for software
We have military schools that tech logistics and tactics for war fare, but we do not have the same for software and the computer field
Using less skilled labour explodes costs and does not save money, serves no useful purpose in the software business especially, as skilled labour at good pay is what saves money
You have explosive looses with semi skilled labour at cheap prices, they are not good value for money
This is not good for American business the same way the survailence state is not good for amerian business or America, it’s time to expose these short comings, as snowmen did for the security we need to do the same for importing third world country labour with all the risks and dangers that entails for the us
It serves no good purpose but, making people who paid taxes unemployed, and a public health risk and social risk by adopting a cast system and a hire Indian only policy as a de facto standard
The result is that people that paid taxes will get no benefits, this can only ruin Americans and the country, to the benefit of government and corporations
Americans should unite and set things straight, if their survailence government run by corporations lets them
Funny how people only complain about what affects them personally. Probably most of the people complaining are fully on board with amnesty for illegal immigrants.
Funny about how people in the us only complain about what affects them personally, and have no empathy for each other or unite in a common cause
There I fixed that for you
And allowing the third world to come in with high unemployment and lower the tax base is bad for everybody
By only affecting one set of people at a time the elderly or IT the us government gets away with murder, no healthcare education low wages and high unemployment and stealing pentions and homes from the elderly
I am aware of more things than just what affects me thank you very much
By only affecting one segment at a time and by people having no empathy for each other government and business get away with criminal murderous behaviour that would be condiment done any where else other than the us
The nazis only killed by the freight load, we do the same by unemploying people and not providing healthcare support or unemployment
The system is full of fraud and murder
The government and the companies are murderes for profit as bad as the nazis or anyone else
Most of the us is suffering from lack of healthcare, jobs and education because of the government and the companies and the rich elite few, it is shameful and criminal
In no other civilised part of the world would the sheeple allow this to go on unchecked
The people are devised ignorant and uncaring for each other enough to defend their interests against companies big interests and government
For too long people did not complain, now it’s too late
People should complain and unite so things are not taken too far as they have been
Most abuses by vernment and companies are done behind closed doors until its too late
If there is nothing to fear and there is no wrong done why is it done behind closed doors and not publicised and brought into the light of day
Why so many secrets and surveillance on the wrong people
If the US were so bad we wouldn’t have an immigration problem. The immigrants would be heading for other countries. The US was founded on the principle that there is no better cause to rally around than freedom.
The us is that bad compared to Europe, but compared to living in the third world and squalor it’s better
That does not make it good
Nor does it justify just the abuse the Indians come or third world come its great
It looks good on tv it’s rotten on th inside, all smoke and mirrors
There is also no real reporting on the real social issues like empovirishing the elderly by taking their pentions and homes
Besides there is no freedom in the us it’s all controlled by government and big companies and interests
Where is the freedom republican or democrat they do very nearly the same, smoke and mirrors
You belove the illusion that is fed to you, that elision has been pre chewed for you so you are confortable with it, it’s simple and easy to understand, makes you feel good, supply demand, capitalisum, open markets, free, I have a few more fish to sell you if you believe in all of that
Buy my fish it’s fresh not rotten
Americans are gullible ignorant and downtrodden and unemployed now
Just keep believing America is great as it becomes the third world and fails behind everybody else
How much evidence do you need? Poor healthcare, inflation, unemployment, expensive education, a cast based society, how much evidence is enough for you to convince you the us has fallen badly behind everybody else in quality and standard of living
Open your eyes as to what is really going on or belove the lies, or do you think the companies and government are going to freely admit wrong doing?
Did cigarette companies ever admit? Does a drug dealer ever admit?
To an Indian the us looks good for the first few years, unless he’s in the upper cast
It even looks good to an American
Germany looked good to the Jews until they hit the ovens they were I denial
The us is the same
People like being in denial and ignorant, it’s more confortable that way, that’s why the lies are made simple and palatable like supply and demand and freedom
Europe is not a country, but I can’t think of a single European country I’d prefer to live in. But I’m prejudiced and don’t count. My point is that the European countries should have the immigration problem instead of the US, it it’s so great to live there. If the US is so bad, we should be having an emigration problem, but that’s unheard of. All your anti-US rhetoric hasn’t convinced anyone here to consider moving. Those of us who have visited Europe think it’s a nice place to visit. I’m glad you are happy with your country; I’m happy with mine.
The us has more problems than most countries
people in the us should fix the social problems they have rather than moving to Europe
1 The us is th only country to overcharge for healthcare with insurance companies
2 not deliver healthcare on a consistent basis
3 take the elserlyes pentions and homes and charge 4k a month or more and not deliver healthcare dentures or glasses
5 high unemployment because of importing Indians and Mexicans
6 does not pay unemployment or pentions because the people have been made unemployed
7 has companies that hire nothing but Indians and this is not considered racism
8 women earn less than men have very little presence in IT
9 women and families are not supported by government or companies, males are blamed instead
The us has and allways has had serious social problems, it’s closer to a third world country than Europe, and Americans should fix it rather than trying to move to countries that protect angainst emigration and have good social services
This is just off the top of my head
The book stores and education is being dismantled because nobody is working and the book prices are manipulated to be 100 usd or 150usd
America should fix itself
America critisxises other countries but does not fix itself
In no way is this being anti american, but the problems have to be pointed out before they can be fixed
Immigration should be stopped in a recession with high unemployment
Also immigration from the third world which is deteremental to the us should be stopped
In now way is this anti American
Besides if the us destroys itself it will damage Europe and other countries
Having the us destroy itself with third world emigration and making its people unemployed and poor is not beneficial for the us or anybody else but some elite few
This is in no way an anti American sentiment, I feel sorry dorvth us and it’s people that paid taxes and worked and are made unemployed and will receive nothing and have their pentions and houses taken from them in their old age
You don’t see any of this on tv or Hollywood
No other country has this system, this is a is only problem
And of course the us people are told how much better their system is than anybody else’s
What do you expect an admission of guit, that the us has fallen behind every other European nation in every measure
So you expect your henchmen to admit guilt?
Do you expect the people responsible of creating high unemployment, high inflation and poor healthcare to actualy admit guilt? No they will say the us is a fantastic place, they the elites can move to Switzerland if they have too, they are not tied to the us like most of us
The us should protect itself from third world imigration
Imigration is not good for a country, it drives wages down and has social risks and health risks
Every developed country that has had third world emigration has regretted it
I personally think its a big misstake
Yes Europeans came here, but the cultu they came from was more advanced than these third world countries
The standard of living on average is much higher in Europe the social services are better, and taxes are lower, heal are is a tax and it’s much higher in the us
If the us is such a free and great and rich country shourly it cam do better than every European country rather than doing much worse than every European country
Per capita most if not all European countries are richer and have much better social services
But European have a history of controlling emigration and the us has decided to go in the opposite direction
In the us sub standard third world labour that can’t speak English is hired for restaurants, old people homes, health care and computer work, this is a health risk and a security risk and should be eligal
Again this is not ani American, this is pro American
Do you want your dinner served by a third world person or your healthcare or your xomputer program or comunication systems, I don’t
Having this situation is a health and safety risk creates unemployment drives wages down drives inflation up, this is the is we live in today, this is what the us has become
In the country of freedom the us is, there are no protests or strikes or complaints
Worst of all people are afraid to complain or take action as they are under surveillance
People can be arrested and shot and more if they protest in the us
People abroad don’t usualy get arrested for protesting, how ironic for the country of freedom
The only time americans protested was over Vietnam because everybody was affected
Now a days they only affect one group at a time, just like the nazis killed the Jews a few at a time nobody notices, did they admit guilt no
The us is in taters, the worse social conditions and unemployment in the world, with high inflation and low wages
The figures are manipulated, and guilt is not admitted
The Germans have high wages good quality products and a high standard of living and good social benefits, and so does most of Europe and the common wealth, and the us could too, if it chose too
The us cannot compete with low wages and poor quality and poor social services
European run business in the us have high quality products and services and high wages, us run busineses do not, so it is possible, it’s a mentality thing
The gap between rich and poor is widening I the us
The us is taking on every characteristic of the third world, which is not necessary
The us was allway bad in may things, but it used to be much better, everybody used to be in very good shape not just the us, the us has fallen rather quickly, it’s currency alone fell 50% under bush and has very high inflation now even though this is not admitted, check the price of healthcare or university or gas or housing or taxes lately ?
And taxes are almost allways much higher than Europe, exept for the very rich or inheritance tax, and the heal are and education and employment are much worse in the us, as are the social services
Unemployment amongst white males could be 80% or any figure but it is not counted correctly in IT, it’s instead swamped with Indians
Trained white people are sitting at home unemployed in huge numbers, while the Indians are employed, and other people are being trained
And if you feel safe and employed, eventually the same will happen to you
But in the us IT people have the mentality that it’s fine as long as they are not unemployed
The same happened to the Jews that were not killed right away, they felt safe, until they too where killed, this is how the game is played, and people feel safe as long as they are not the ones being killed by lack of a job or healthcare or old age of illness
So keep eluding yourselves until you are displaced by and Indian or a third world person
It is in no way racist or anti patriotic to stand up for your country and people, but hiring nothing but Indians is racist and harmful to the us, and that is racist and anti patriotic
It’s time to call a spade spade, it’s long overdue
For a country that is so politically correct, and yet it’s ok to import people that commit infanticide, and give STD’s to their children and hire nothing but their own, how can this be possible?
In 2009, it was almost impossible to get a job in the IBM Global Business Services when your assignment ended because they only considered Indian resources – so you were stuck “on the bench” until you died of old age or they fired you because you had “no” skills. Recently due to the exposure of fraud and federal investigations, GBS is cutting loose those Indian resources. These days the mantra is to use more remote Global resources in Mexico, Brazil, Philippines and elsewhere. US resources are back on the bench or fired. IBM toads (executives and managers) are exempt from following the IBM “Business Conduct Guidelines” when it comes to perpetuating job fraud and labor scams in the US. The labor shortage is nothing more than another Big Blue scam. Thanks for posting your warning Cringley !
A modest proposal:
Have the government (INS? DoL?) run the ads for H1-B positions on a .gov web site.
Company that wants to hire H1-B posts job requirements on the site.
Applicants submit resumes to the site.
After some statutory period (2 weeks? 1 month?) gov’t forwards all applications to the hiring firm…
with U.S. citizens at the head of the queue.
Then it is up to the hiring firm to explain why none of the dozens…scores…hundreds…thousands…of U.S. candidates are suitable, and *only* the offshore candidates have what the company needs.
And when they do finally hire someone, the job posting, all the resumes, all the reject reasons and the final hire all become a matter of public record.
You don’t understand they only hire Indians and Chinese if you are lucky
No white males whatsoever
The only white people are young women in miniskirts, draw your own conclusions, I doubt they are someone’s daughter since there are no other white people in sight
Most white people that are working probably have a security clearance or live in Europe
The Indians are starting to have security clearances too
The Indians are the primary people that want to come here, from a third world country it’s an improvement
As bad as the economies are in Europe white people are kept working, Europeans and people who speak the language have priority, as they should, even if there is less work to do people are still kept on and paid unemployment, unlike the us where excuses are made not to pay unemployment
The us has more in common with the third world, where a few have a lot, and the majority has very little, no healthcare when you need it, no job security and low wages
No other developed country has done this to themselves, it’s at the very least racist to hire nothing but Indians, but white people are not part of the so called protected group, certainly not white males, and the older the worse
First there were no women in computers in the us, which is bad enough, now there are no white males, and working conditions are bad, people are afraid in the workplace and afraid outside of it
People are afraid of the companies that hire them and their own government
The wrong people are under surveillance and in fear, it’s the government and companies that should be under surveillance and to be made to be in fear
What good we’re the black civil rights when there are no civil rights for white people to work, only Indians, why are whites not part of the protected group
By the way Indians don’t hire blacks either, why is this not racisim of the Indians and companies involved
Only in america the land of the free and civil rights is this allowed to happen, how ironic
White people don’t fit in in their own countries any more, they don’t speak indu, why are there no suits filed against such companies when the white candidate is more qualified and they have nothing but Indians maybe Chinese if you’re lucky
What is the security risk of having nothing but Indians and Chinese ?
What are the health and safety risks ?
What are the social risks? What are the risks of lowering the tax base? What is the real unemployment figure fir white males in IT? How many don’t receive unemployment and are not counted because everything is temporary or the Indians will not hire them?
98 % of head hunters are Indian don’t speak English that well, they’ve taken that over too
Why is any of this legal
The Indian companies and individuals are organised the American companies are organised only the white people are not organised because they have been led to believe that that would be socialisum and that they will never be replaced by Indians until they are
Why are white males in IT do very stupid and selfish and brain washed
The IT industry should not be allowed to be targeted this way
What’s next the medical industry and doctors ?
Indians are atracted to IT and medicine, so they could destroy both industries, maybe more, if we let them
If white people gave their children STD’s comited infanticide, by killing girls, and belonged to social casts they would be crucified and not work again, but there is a double standard here
Standards and freedom and equal opportunity should be for everyone not just a select few depending on their cast being elite or the untouchables, the us is turning into a third world country in more ways than one
A small elite rules and watches and controls the many working poor or non working poor now
The us shares much with the thirrd world, the healthcare system like south Africa, a class system like the Indians, you get the idea
Lower working class Europeans are better off than the American middle class if they still exist
Great idea, and if for profit businesses scream then use the government website to run links to adds in for profit newspapers and magazines.
I’am not an U.S. citizen.
But we have the same problems with alien workers as the U.S. has nowadays.
We also have a government who tends to grow without limits. Endulging theirselfs in luxury and filing declarations for all kind of private needs. Cutting budgets means; squeezing your citizen just a little more instead of decreasing the overhead of their own apparatus.
The U.S. Government goes even further. They are spending too much money on things abroad which, imho, have no merites for the U.S. Citizen.
I don’t think both of our countries realize that their workers should be as competitive as possibly, in price and skills, to compete with the other countries for their income.
Why is it, that military personnel is trained to compete with other military and it’s citizens not?
To get competitive citizen, you sometimes have to increase their skills and drop their prices!
But you also want them to live happy lives, prosper etc. Because on the long run this guarantees a stable and peacefull country. In which the government itself can live too. (They seem to forget that sometimes…)
Decreasing the cost of living should be the main goal of any country who wants to be competitive and the number one of the world!
But then… My government has no clue, you all, good luck with the U.S. Government. 🙂
This story should be front page news everywhere and it isn’t? Bob thanks for bringing this to light no please use your TV sources and get this on every channel for a week.
Per my comment above, about the very large and well-known company that has filled just over 90% of their several hundred worker IT force with H1-B (or former H1-B) employees. Their recruitment arm is – guess what? – an East Asian Indian run company!
Another thing: look at what happens when H1-Bs are quickly promoted to management, especially if they come from Asian cultures. Some of those managers are OK, I guess, but the ones I have seen and heard about treat their subordinates like dirt – especially if those subordinates are from the same culture as the manager. And, if you’re a woman, forget about being treated equally in the workplace as cultural habits die hard. I have seen this up close, and personal. It’s very troubling, and anger-making.
One thing I want to make clear is that this is not a racist rant against East Asian H1-Bs; it’s a rant against the cheap lies and cronyism exhibited by corporate leaders and the politicians they buy.
The companies that engage this kind of fraud are going to be pursued by legal teams, and individual lawsuits; we’re now just catching on to this game. Many people (some in very high places) that I’ve spoken with are appalled when presented with facts, instead of the lies and fluff promulgated by politicians on the take from their corporate overlords. The battle to stop this abuse has just begun; I’m really grateful to Mr. Cringely for his courage, and good information!
What company is this?
My story:
I worked with an Indian IT firm in the D.C. area where they routinely manufactured shell companies and fabricated experience in order to shoehorn their H-1B candidates into jobs that they were not qualified for. One key figure in this company even complained that his charges did not understand rudimentary programming concepts (topics that are covered freshman-year computer science courses here in the U.S.)
It turns out that they had been doing this for at least a decade, covering the period that I graduated from college and entered the IT job market during contraction and accelerated job offshoring.
When I was a child, I represented this country abroad. As an adult, I feel utterly betrayed by our political and economic leadership.
Indian and Chinese STEM workers have their leaders looking out for their interests amidst the forces of globalization. Meanwhile, too many American STEM workers are being displaced and thrown under the bus. A great number of H1-B visa workers are routinely exploited in ways that Americans were not raised to tolerate and that is why greedy U.S. employers like hiring them.
Correction => (topics that are covered [in] freshman-year computer science courses here in the U.S.)
I was raised as a liberal and I don’t identify as Caucasian, although I am half-white. I am not by nature a “protectionist” or “nativist” or anything of the sort.
But I am sad to say that I was the only recruit who was not willing to commit this outright fraud in order to get an IT job. It did not escape me that all of the other people (H1-B visa holders and perm. residents) came from countries with higher levels of systemic corruption than the U.S.
Committing fraud and deception for a job is not an American value, at least not in the America that I was raised in.
Furthermore, it’s H-1B, not H1-B. I apologize for making this error.
Thank you for providing this forum.
–Heartbroken Techie in Maryland
Mr. Cringely, you are WRONG about one thing…
When considering an H-1B hire, there is NO requirement to make any attempt to hire Americans unless the employer is an H-1B DEPENDENT employer.
Norm Matloff wrote about this here:
http://heather.cs.ucdavis.edu/Archive/JoelStewart.txt
“In my last message, I reminded readers that (except for a minuscule
exceptional category), H-1B law imposes no requirement on the employer
to giving hiring priority to American workers.”
and here:
http://heather.cs.ucdavis.edu/Archive/H1BRequirements
Immigration lawyer Joel Stewart summed it up here:
https://www.ilw.com/articles/2000,0424-Stewart.shtm
“When employers feel the need to legalize aliens, it may be due to a shortage of suitable U.S. workers, but even in a depressed economy, Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply.”
DOL website:
“Foreign Labor Certification
Foreign labor certification programs are generally designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.”
https://www.dol.gov/dol/topic/hiring/foreign.htm#doltopics
I d just like to tell something to all the unemployed commenting: this year (first half of 2013) jobs in the US incresed by 169.000 units, however the percentage of people looking for a job fell dramatically (more than 4% of the unemployed population actually stopped looking for a job). source: Wall street journal, 7h September. This, together with the decrease in the number of college students enrolled in 2013, could easily explain why the labor market is shifting towards an international focus: trust me, I know so many (let-s say) indians that literally study and work 18 hours a day,7 days a week, because they have something that Americans (and Western countries in general) forgot long time ago, when the first waves of immigrations ended: desperation. Desperation, and the desire to have a better future, give energy to all these people not only to be “minimally qualified”, but to excel in what they do. As a citizen of the West, I can’t do anything but vividly admire these people, and at the same time they could teach me a great lesson: we can t rest on our laurels and hope that we will always be the best. The Roman Emperor did exactly the same, and it disappeared. I always see my roommates in front of the tv, the whole day, getting fatter and fatter, studying roughly 4 hours per week…And they are not an ecception…Well, no wonder then…
“I know so many (let-s say) indians that literally study and work 18 hours a day,7 days a week,”
Because if someone were to want to work a normal 40 hour work week, like what everybody has done since Henry Ford, that is somehow bad? They are a substandard worker?
By your reasoning, maybe we should bring back child labor as well. Or maybe instead we should not be part of an employer’s “search for the bottom” as they try to dig up slave labor from desperate sources.
I do not understand why this is called H-1B fraud ?
The testimony is about a lawyer who pretended to place ads for the Labor Certification Process for an alien worker (called PERM, this is step one towards a Green Card). In almost all cases the worker is already in the US, working on an H-1B non-immigrant visa.
That Labor Certification was required points to an EB-3 procedure, a green card for a skilled worker or a worker with a bachelors degree. EB-2 is also possible – the procedure for workers with masters degrees.
The lawyer in question talks about I-140 petitions. Form I-140 is the Petition for an Alien Worker that an employer has to submit on behalf of the worker (step two towards the green card) .
The lawyer alledly did not place those advertisements, but did bill the company that was sponsoring the immigrant worker, as if he did.
The information that Mr. Patel gives in ‘Background/Overview’ not completely correct, as it was given in 2013 and pertains to situations between 2010 and 2012 – and states that an H-1B worker has to leave after six years. This used to be the law but that regulation changed, H-1B visas can now be extended with one year increments while the non-immigrant worker is in a procedure for Permanent Residency (a green card).
If this lawyer did not place the ads but faked applicants for the job in question and also their resumes, it invalidates the I-140 Petition, with possibly rather unpleasant consequences for the foreign worker.
If this indeed happened the lawyer committed immigrations fraud, that seems to me more serious than the billing for services nor rendered as is described in the affidavit.
Also, USCIS would/should have asked for the ads as proof that the PERM process was done correctly. It seems almost incomprehensible USCIS would not have done this. So it is possible that the lawyer placed ads in other, cheaper, publications instead of Computer World.
So yes, fraud, but it puzzles me why somebody thinks this is H-1B fraud.
What am I missing ?
It’s fraud because the firm was specifically organized to recruit only foreign workers, which is in violation of the H-1B worker program. By not placing the ads, the firm specifically made it so no American workers would apply for the position. Therefore they committed fraud when they asserted that no American was available to fill these positions.
This needs to be a concern for everyone, as this fraud works to keep wages stagnate in this country. And could spread to other industries quite easily. Eventually everyone is working for minimum wage.
I did not contest that it was (allegedly) fraud.
But I think it does NOT pertain to H-1B’s but to Green Card procedures.
We need to stop H1 B programme and in fact L1 too. There should be no legal way to come and work in US. Do we really need any more immigrants ? US is full and has no more space.
Today it is hard for an average IT worker to even make minimum wage while greedy corporates hire these unqualified and unskilled workers.
As long as this country raffles 50,000 green cards yearly, how can one take US immigration policies seriously ?
A shortage of people with IT skills is not the same as a shortage of people who have a strong enough skillset to meet the high criteria some companies set for new employees. There are plenty of people in America with nice-looking resumes and degrees and maybe even work experience. But just how bright are they? There are plenty of tech companies, mine included, who are extremely disappointed in the low quality of American applications. This is why many companies look overseas. We WANT to hire qualified Americans, but they just aren’t out there. Companies aren’t looking to save money by going overseas. We see the job postings of potential H1-B applicants because they are required to post them publicly, with salary information. The salaries are commensurate with what a similarly qualified American would expect to make. Salaries have to be high enough to allow someone to live in expensive areas or they won’t take the job. Many companies are competing for the same people, so that keeps the salary offers high. This competion proves Cringely wrong. There absolutely is a shortage of qualified IT people. Anyone involved in trying to hire qualified people at a company with high standards knows this to be true.
I think a lot of this is a strong anti-immigrant bias when it comes to the job market. But who is creating these IT jobs? Some of our shining examples of successful tech companies were started by people who are not citizens. Google, eBay, PayPal and Tesla, Yahoo, and (partially) Facebook. These companies employ lots of lots of IT workers, most of whom are Americans. At least 40% of the Forture 500 were started by immigrants. Not making it easy to bring in more immigrants is shooting ourselves in the foot for supposed short-term gains in our own job market.
You must be here on a work visa
pt, if you want to hire qualified people, but can’t find them, then I’d encourage you to use your posting activites on the Internet to outline your company, the sort of people it needs, and a contact number and name for your HR. Not just a website to apply to, an actual human contact that qualified people can pick up the phone and talk to. After all, you claim a shortage and an inability to hire.
If you can’t do that, then nobody should take you seriously. The fact is, there is a huge amount of talent that doesn’t even get the proverbial ‘time of day’ from the employers who make claims as grandiose as yours.
[…] "Lacking Skills" Scam U.S. Accuses Infosys of 'Fraud and Abuse' in Visa Case – WSJ.com I, Cringely So that's how H-1B visa fraud is done! – I, Cringely I suppose the only "Middle Class Whine" going on is the fact this has been happening to […]
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I just saw this post.
“This is alleged H-1B visa fraud, remember. In order to hire an H-1B worker in place of a U.S. citizen or green card holder, the hiring company must show that there is no “minimally qualified” citizen or green card holder to take the job. Recruiting such minimally qualified candidates is generally done through advertising: if nobody responds to the ad then there must not be any minimally qualified candidates.”
You are confusing Permanent Labor Certification in which an employer must test the labor market before filing the PERM for an individual and the H-1B program. There is no labor market test for the H-1B.
SP, this is the point I tried to make last year.
But apparently nobody understood my remark (?) Not even the Cringeler himself.
The alleged fraud did not pertain to H-1B procedures but to Green Card procedures.
For awhile banks etc. that received TARP money had to do some labor market testing before they could hire a temporary foreign worker. But I think this rule is no longer in place.
there is so much more about him then this…..
now he is stealing from his clients….he made my life hell. Hope he’ll lose his license soon, and stop destroying other people’s lives
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