Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home IT Management
    • IT Management
    • Networking
    • Small Business

    Feds Struggle with H-1B Case

    By
    Roy Mark
    -
    March 31, 2010
    Share
    Facebook
    Twitter
    Linkedin

      More than a year ago, federal agents arrested 11 people in seven states for submitting false statements and documents in support of their H-1B visa petitions. The Department of Justice also issued indictments against IT services firm Vision Systems Group of New Jersey for conspiracy and mail fraud involving H-1B visas.

      The federal investigation involves companies that sponsor primarily H-1B non-immigrants. Vision Systems officials have claimed their H-1B workers have been brought to the United States to fill existing IT vacancies. The feds claim the companies have not always had jobs available for these workers, placing them in non-pay status after they arrive in the United States.

      Vision Systems is suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.

      The evidence seems strong, but the case began to unravel since it has reached court in Iowa. The judge presiding over the case has already dismissed a number of counts related to charges involving mail fraud, knocking out eight of the 18 counts.

      The judge followed with a ruling that the search warrants issued the day of arrests were “over-inclusive” and not limited to the warrant. The warrant required the feds to make its examination of the digital images within 60 days, which they did not.

      A favorite of American technology companies, the H-1B program is a temporary work visa program allowing American companies and universities to employ foreign guest workers who have the equivalent of a U.S. bachelor’s degree in a job category that is considered by the UCCIS (U.S. Citizenship and Immigration Services) to be a “specialty occupation.” The idea is to help companies hire foreign guest workers on a temporary basis when there is not a sufficient qualified American workforce to meet those needs.

      The Silicon Valley has repeatedly urged Congress to raise the H-1B cap, which is currently set at 65,000 per fiscal year, but lawmakers have resisted, citing concerns over fraud in the H-1B program. H-1B visa winners can work in the United States for three years, with an option for an additional three years.

      In October 2008, a USCIS report found that the H-1B program had more than a 20 percent violation rate. The fraud identified in the report included jobs not located where employers claimed, H-1B visa holders not being paid the prevailing wage, forged documents, fraudulent degrees and “shell businesses.”

      Even before the report was issued, Sens. Charles Grassley of Iowa, Dick Durbin of Illinois and Bernie Sanders of Vermont were seeking reform of the H-1B visa program. A bill introduced in the 110th Congress by Grassley and Durbin would require employers to make a good faith effort to hire American workers first. Employers would also have to show that the H-1B worker would not displace an American worker.

      Roy Mark

      MOST POPULAR ARTICLES

      Big Data and Analytics

      Alteryx’s Suresh Vittal on the Democratization of...

      James Maguire - May 31, 2022 0
      I spoke with Suresh Vittal, Chief Product Officer at Alteryx, about the industry mega-shift toward making data analytics tools accessible to a company’s complete...
      Read more
      Cybersecurity

      Visa’s Michael Jabbara on Cybersecurity and Digital...

      James Maguire - May 17, 2022 0
      I spoke with Michael Jabbara, VP and Global Head of Fraud Services at Visa, about the cybersecurity technology used to ensure the safe transfer...
      Read more
      Applications

      Cisco’s Thimaya Subaiya on Customer Experience in...

      James Maguire - May 10, 2022 0
      I spoke with Thimaya Subaiya, SVP and GM of Global Customer Experience at Cisco, about the factors that create good customer experience – and...
      Read more
      Big Data and Analytics

      GoodData CEO Roman Stanek on Business Intelligence...

      James Maguire - May 4, 2022 0
      I spoke with Roman Stanek, CEO of GoodData, about business intelligence, data as a service, and the frustration that many executives have with data...
      Read more
      Cloud

      Yotascale CEO Asim Razzaq on Controlling Multicloud...

      James Maguire - May 5, 2022 0
      Asim Razzaq, CEO of Yotascale, provides guidance on understanding—and containing—the complex cost structure of multicloud computing. Among the topics we covered:  As you survey the...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×