The following are amazing but true stories concerning non-immigrant visas and H-1B related issues.
At least 4 million H-1B visas were certified by the INS between 1998-2001.
Many H-1B workers are paid minimum wage as their official salary, and the rest of their salary is paid as “U.S. Living Expenses” that are non-taxable.(2003 Data)
L-1 workers are considered employees of a foreign company and paid by the foreign company. This means that they do not have to pay U.S. taxes. (2003 Data)
Students from India are given an exemption from paying taxes. (IRS Circular E, Employer’s Tax Guide, page 14)
At least 800,000 highly-skilled U.S. workers are now unemployed as a direct result of the H-1B visa legislation, which failed to include protection for U.S. workers. (2001 Reporting)
How to manipulate the system and underpay an H-1B worker [Click Here]
1 in 5 American workers lost a job during the last three years. Two-thirds of workers received less than 2 weeks notice and no severance pay. Three-fourths did not maintain any health benefits. 35% of these workers are now underemployed. (August 2003)
Since 1985, over 17 million visas have been issued to allow aliens to work in the United States and glut the labor market. These NON-immigrant visas, or NIV, are company-sponsored visas that use a variety of different names including H-1B, H-2A, H-2B, J-1, L-1, and TN. These are not immigrants. These are temporary workers.
Employers hire foreign workers even when qualified and equally qualified Americans are available, and lay off Americans while retaining H-1Bs in the same job category — even though the H-1B program was created solely to fill a “labor shortage” of jobs that could not be filled by American workers. (2003)
“Siemens management mandated Americans to train their foreign replacement workers; in Lake Mary, FL” After training, the Americans were laid off while the foreigners live and work in Lake Mary, FL (2003)
Senator Hillary Clinton cut the tape for the new Tata Consulting Buffalo office. Tata Consulting is the largest importer of cheap foreign H-1B workers. They are currently under investigation for immigration fraud. (2003)
Quote from Colorado Republican Tom Tancredo, on the house floor, June 18, 2003 — “When my colleagues get a letter from a constituent who has been displaced by foreign workers, they should write back to them and say, ‘It is the policy of this government to displace you, to move you into a lower economic income category, because we believe in cheap labor and we believe the politics of open borders helps our party.’”
America is the only developed nation that does not have protectionist legislation that provides disincentives for companies that use imported and offshore cheap foreign labor. (2003)
Each year more than $10 billion is sent back to India by foreign workers who are in the U.S. in the form of remittances. That is $10 billion drained from our economy when it could have been paid to U.S. Citizens who would have spent the vast majority of that money within the U.S. economy. (Fox News 2003)
Immigration from 1925 to 1965 averaged 178,000 per year. Now, we’re taking in approximately 1.1 million legal immigrants and up to 700,000 illegal aliens annually.
Homelessness has now risen above the levels seen during the Great Depression. (July 2003)
At least 9 million Americans are unemployed. At least 17 million skilled, educated Americans are now “underemployed” in low-wage jobs – many part-time without benefits. (June 2003)
By the end of January 2003 more than 70% of laid-off technology workers had exhausted (used up) their unemployment benefits. Unemployment for technology workers has continued to rise, giving little hope for re-employment.
The total number of US technical jobs is around 8.5 million and we have imported around 3-4 million temporary foreign technical workers.
In the year 2001, 9 out of every 10 new job openings for computer/IT were taken by H-1Bs, and despite record unemployment the INS issued 312,000 visas in 2002.
3.3 million jobs are expected to be offshore outsourced to India and China over the next several years. (2003 Business Week)
Missouri residents who call a 1-800 number with questions about their welfare, food stamps, and benefits are being routed to a state call center in India!
66% of Americans say their biggest worry today is whether or not they will have a job tomorrow. (20-June-2003 Fox News)
Special interests have imported more than 17 million noncitizens to glut the labor market between the years 1985-2002. (1985-2002 Reporting)
Bank of America workers who were laid off in favor of cheap foreign labor were asked to sign a waiver stating that they would not talk to the media in order to get their severance benefits.
H-1B is used to import workers for jobs that American employers claim can’t be filled in the “tight American labor market”. Their claim is a lie because there are more than enough Americans to fill these jobs. L-1 visas have no yearly quota and may one day surpass H-1B as a means of importing skilled workers. (2000 Data)
Fraud within the H-1B non-immigrant visa system has become so rampant that an entire industry of “body shops” has sprung up in America. The body shops sponsor foreign workers’ visas and then place them in jobs with American companies for significantly lower wages than American high tech workers.
According to the National Center for Education Statistics, 59 percent of all foreign graduate students receive government-funded financial aid, and 40 percent receive direct grants as opposed to loans which must be repaid. (2003)
The legal “caps” or limits for H-1B visas issued have been exceeded every single year since 1987, but the INS does not have an accurate count for any year. Their reporting only indicates the number of H-1B applications, even though any one application can authorize up to 999 visas!
Even though they are legally mandated to do so, the Immigration and naturalization Service (INS) has publicly and willfully refused to deport H-1B workers with expired visas. Although the law says that H-1B visa holders must leave the country immediately after being laid-off or fired, the INS has told them that no one will be forced to leave, and to keep looking for new jobs.
The INS estimates that roughly 3.2 million of the estimated eight million illegal immigrants living in the U.S. (or 40 percent), originally entered the country on non-immigrant visas (such as H-1B, L-1, etc.). These 3.2 million non-immigrants have become illegal immigrants by overstaying their visas. Because of its failure to implement an entry-exit system as required by a 1996 law, the INS has no way to identify or locate them. As more H-1Bs and other non-immigrant visa holders lose their jobs in the recession, and remain in the country until they find work, this number will no doubt be significantly higher.
In addition to making a major contribution to illegal immigration, the Non-Immigrant Visa (NIV) program as it now functions has a noticeable impact on the U.S. labor market that is largely unfettered. In 2001, more than 715,000 foreigners were issued NIVs to fill U.S. jobs, and another 110,000 visitors received permission to work here after arriving.
There is no limit on the total number of non-immigrants who can enter the U.S. each year, although some categories are capped. The H-1B visa category for skilled workers, many of whom work in the computer and technology field, is nominally limited by statute. The law caps the number of certain new approvals at 195,000 in 2001, 2002, and 2003. Unless changed by new legislation, it will revert to 65,000 in 2004. However, only between on fourth and one half of the people approved as H-1B workers are actually subject to the cap. Congress excluded those working for educational or non-profit organizations and those extending their stay or changing jobs from being counted against the cap.
What is the INS’s policy toward illegal immigrants in the U.S.? According to INS manager Nina Moniz, “Our job is to explain to people why they are here illegally, help them change that, and help them to get benefits.” 7/23/2001 Interview on Denver’s KOA radio.
INS commissioner James Ziglar’s only law enforcement experience is serving as the Sergeant-at-Arms for the Senate.
The H-1B program (for temporary high-tech work) admits about 500 “fashion models” visas for employment in the U.S. every year.
QWEST, a telephone company that serves a 14 state region in the U.S. makes it a policy to fire American computer consultants, and replace them with cheaper H-1B consultants. To add insult to injury, they first force the American computer consultants to provide on-the-job training for the H-1B that is replacing them. This same company replaced one of their Sr. IT executives with an H-1B. The new executive promptly cancelled numerous software development projects that American citizens were working on, and fired them. Then the executive hired TATA Consultancy (an infamous H-1B body shop), to restart the cancelled projects under new names using H-1B workers.
Companies who are laying off H-1B visa holders frequently inform the INS that the person’s status has changed to “unpaid leave” rather than “unemployed.” The H-1B worker is then free to search for another job indefinitely (and compete with American workers in the high-tech job market) without fear of deportation.
Illegal immigrants who enroll in the University of California system are charged in-state tuition.
According to several universities, the INS routinely takes 6 months to respond to notifications from their registrars that foreign students are not attending classes.
New York City Mayor Michael Bloomberg had openly declared that he will not enforce U.S. immigration laws. “…those people who are undocumented do not have to worry about the city government…”
The Department of Justice’s Office of the Inspector General could not find any evidence that the INS was capable of locating visa violators still in the country. Washington Times 11/07/01
The INS spent $31.2 million on a computer system to track visa holders that overstay their visas. The system still does not work, and the INS says that it needs an additional $57 million for the system.
State Department form DS-156 — the official nonimmigrant visa application — asks the following question: “Do you seek to enter the U.S. to engage in export control violations, subversive or terrorist activities, or any other unlawful purpose? Are you a member of a terrorist organization as currently designated by the U.S. Secretary of State?” The footnote to the question states that “A YES answer does not automatically signify ineligibility for visa.” Read this application HERE.
Please write your elected officials and the news media about this issue. The following links make it easy to do…
The White House website
You can write to the President and Vice President on this site.
U.S. Senate website
You can find and write your Senators on this site.
U.S. House of Representatives website
You can find and write your Representative on this site.