Immigration Enforcement

How to report H1-B Violations

Instructions for Form WH-4: H-1B Nonimmigrant Information Link…

This form is authorized by 8 U.S.C. 1182(n)(2)(G)(ii) of the American Competitiveness and Workforce Improvement Act of 1998. The information provided on this form will assist the Department of Labor in determining whether the named employer of H-1B nonimmigrants has committed a violation of provisions of the H-1B program. A person can fill out this form to report alleged H-1B violations by an employer. The form must be forwarded to the Wage and Hour Division (WHD) office which has jurisdiction over the physical location of the employer. For WHD locations, see the telephone directories under U.S. Government, Department of Labor, Wage and Hour Division or http://www.dol.gov/esa/contacts/whd/america2.htm on the internet.

WH-4 Please provide as much of the requested information as possible. Attach additional sheets if you need additional space to respond to a question. If you do not understand a term, or need assistance in the completion of this form, please contact the local Wage and Hour office of the U.S. Department of Labor. After you submit the form, a representative from the Department of Labor may contact you if further information is necessary to initiate an investigation.
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March 13, 2009 Posted by | Uncategorized | Leave a comment

Even Symbolic H-1B Curbs Provoke Employer Outcry

The latest chapter in the Alice in Wonderland story of the H-1B visa program for cheap foreign labor surrounds provisions applied to employers receiving money from the Troubled Assets Recovery Program (“TARP”).

The new rules apply what are known as the “H-1B Dependent” provisions of the H-1B program to TARP fund recipients. While largely symbolic, these provisions have provoked a response in the media that has been hysterical (“Protectionism,” “closing the job market to highly skilled workers,” “anti-free market,” and “turning away talent“).

Reality check. Look at the list of the top users of H-1B visas. The top is dominated by foreign companies that bring in hundreds, even thousands, of H-1B computer workers each year but who do not hire Americans for these positions. The H-1B Dependent provisions do not hinder them in the least.

There are two new “restrictions” on TARP fund recipients:

1. The employer must certify that it did not or will not hire an H-1B worker if it has laid off a U.S. worker in a job that involves essentially the same responsibilities and is located in the same geographic area of employment within 90 days. 8 U.S.C. § 1182(n)(1)(E)(i), (n)(4)(A)-(B).

2. The employer must certify that it has recruited U.S. workers for the position and offered the job to any U.S. worker who is equally or better qualified. 8 U.S.C. § 1182(n)(1)(G).

(There is actually a third provision under 8 U.S.C. § 1182(n)(1)(F), but it is unlikely to ever be applicable to a TARP recipient).

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March 11, 2009 Posted by | Uncategorized | , | Leave a comment

Companies Seek H-1B Foreign Worker Primarily Because of Age Discrimination

Ever since 1992, when I started writing about H-1B, I’ve been stressing that not only is H-1B centrally about cheap tech labor, cheap tech labor is in turn centrally about age. Younger workers are cheaper than older ones, both in wages and health insurance costs. Of course, in addition, the younger H-1Bs are even cheaper than the younger Americans.

Result: An employer may hire a 24-year-old H-1B instead of a 24-year-old American, and usually will hire that 24-year-old H-1B instead of a 35-year-old American.

In my article for California Labor & Employment Law Review I showed the stark difference in the computer field:

group 25th percentile median 90th percentile
new grads $45,000 $50,664 $61,500
all workers $65,070 $82,120 $120,410

This is a savings in the 30-50% range, which is larger than the 15-20% difference I found between H-1Bs and Americans of the same age. Getting a young H-1B is of course the best of all from a thrifty (though shortsighted) employer’s point of view, but the savings in hiring the H-1B come even more from the age factor than from the exploitation aspect.

If you have serious interest in the H-1B issue, constantly remind yourself of this fact–the H-1B program is fundamentally about age. Employers use the program as a means of avoiding hiring the older (age 35+) Americans. THE H-1B PROGRAM IS FUNDAMENTALLY ABOUT AGE. It is impossible to consider reform, or even academic analysis, of H-1B without having this fundamental issue at the forefront of the discussion.

Which brings me to the CNN video, titled “Students Worry about Economy,” filmed at Georgia Tech.

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March 11, 2009 Posted by | Uncategorized | | Leave a comment

Stimulus Loophole Gives 300,000 Jobs to Illegals

An estimated 300,000 construction jobs paid for by the stimulus plan will go to illegal workers after leading Democrats removed a provision requiring verification of citizenship, a leading immigration expert tells Newsmax.

The House version of the $787 billion stimulus bill required verification of the legal residency of anyone put to work by its spending. But that provision was removed from the bill before members of Congress met to reconcile the House and Senate versions of the bill.

Steven Camarota, director of research for the Center for Immigration Studies (CIS), tells Newsmax the verification provision was deleted by Democratic leaders even before the bill reached the conference committee, where differences between House and Senate legislation are normally ironed out.

“When it got to conference, the top people — not just the conference members, but the top people: Reid, Pelosi, and Obama — chose to kill the provision and not include it,” Camarota says. “This was a purposeful decision.”

The provision would have required that workers’ names to be vetted through the Internet-based E-Verify system. E-Verify, a joint project of the Department of Homeland Security and the Social Security Administration, gives employers a quick means of verifying employee eligibility.

“E-Verify is our most effective tool for preventing illegal immigrants from getting jobs, and they chose not to use it,” says Camarota.

The estimate of 300,000 construction jobs is based on U.S. Census and other studies showing that approximately 15 percent of U.S. construction workers are illegal immigrants.

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March 11, 2009 Posted by | Uncategorized | , , , | Leave a comment

New ICE program enhances identifying and removing criminal aliens in Fairfax County

Now criminal and immigration records of all detainees to be checked

FAIRFAX, Va. -Fairfax County Sheriff’s Office and other law enforcement agencies have been added to a growing list of jurisdictions throughout the country that are receiving access to a program called Secure Communities, administered by U.S. Immigration and Customs Enforcement (ICE). Fairfax County is the first location in the Washington Metropolitan Area and the first in Virginia to participate. Secure Communities will streamline the process for ICE to determine if an individual in local custody is a potentially removable criminal alien.

Beginning today, the immigration records in DHS’s biometric database, if any, of every individual booked in the Fairfax County Adult Detention Center and other sites in the county will be checked. Formerly as part of that booking process, arrestees’ fingerprints were taken and checked for criminal history information against the DOJ biometric system maintained by the FBI. With the implementation of Secure Communities, the fingerprints of arrested individuals will now be automatically checked against both the FBI’s criminal history records and the biometrics-based immigration records maintained by DHS.

If an individual’s fingerprints match those of a person in DHS’s biometric system, the new automated process will notify ICE and the participating agency submitting the fingerprints. ICE will evaluate each case to determine the individual’s immigration status and take appropriate enforcement action. Top priority will be given to offenders who pose a threat to the public safety, such as aliens with prior convictions for major drug offenses, murder, rape, robbery, and kidnapping.

“Secure Communities is a new effort to identify and ultimately remove dangerous criminal aliens from our communities,” said Executive Director for ICE Secure Communities David Venturella. “Our goal with this ICE program is to use technology to prevent criminal aliens from being released back into the community, with little or no additional burden on our local law enforcement partners.”

“This is a win-win situation both for the community and law enforcement,” said Fairfax County Sheriff Stan Barry. “We will be able to identify illegal immigrants who commit crimes in Fairfax County and get them in the process for deportation, and it does not require additional funds or manpower from us.”

Secure Communities enhances the ongoing joint efforts by ICE and the law enforcement agencies in Virginia. Eventually, in collaboration with DOJ and other DHS components, ICE plans to expand this capability to all state and local law enforcement agencies throughout the nation. Approximately 50 counties nationwide are current Secure Communities participants.

Secure Communities is the cornerstone of DHS’s comprehensive plan to distribute technology that links local law enforcement agencies to both FBI and DHS biometric systems. DHS’s US VISIT Automated Biometric Identification System (IDENT) holds biometrics-based immigration records, while the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) contains biometric-based criminal records.

“US VISIT is proud to support the Secure Communities program, helping provide decision makers with comprehensive, reliable information when and where they need it,” said US VISIT Director Robert Mocny. “By enhancing the interoperability of DHS’s and the FBI’s biometric systems, we are able to give federal, state and local decision makers information that helps them better protect our communities and our nation.”

“Under this plan, ICE will be utilizing FBI system enhancements that allow improved information sharing at the state and local law enforcement level based on positive identification of incarcerated criminal aliens. Additionally, ICE and the FBI are working together to take advantage of the strong relationships already forged between the FBI and state and local law enforcement necessary to assist ICE in achieving their goals,” said FBI Criminal Justice Information Services (CJIS) former Assistant Director Tom Bush.

Secure Communities is a key facet of ICE’s enforcement priority to identify, locate and remove criminal aliens and builds on the growing success of the agency’s Criminal Alien Program. In fiscal year 2008, ICE identified more than 221,000 potentially removable aliens incarcerated nationwide. This fiscal year, the agency anticipates spending more than $1 billion on such efforts, which in addition to Secure Communities, also includes expansion of the agency’s Criminal Alien Program and Fugitive Operations Program.

More information about ICE’s Secure Communities program is available at www.ice.gov.

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March 11, 2009 Posted by | Uncategorized | , , , , , | Leave a comment

As unemployment reaches 8.1 percent, over 7 million illegal aliens working in america

The unemployment report is out, and it is UGLY…our national Unemployment Rate is now over EIGHT PERCENT, some 4.3 Million LEGAL AMERICANS and/or Legal Immigrants have lost their jobs since the start of this Second Great Depression. So why isn’t President Obama taking immediately steps to GET ILLEGAL ALIENS OUT OF THE AMERICAN WORK FORCE. Two easy steps to put Illegal Aliens out of work would be:

1. Instant enactment of E verify, and make it a mandatory participation program for all employers. Further, make it mandatory that all current and future employees be verified through E Verify.

2. Increased Work Place and Neighborhood Raids by ICE, Border Patrol, FBI, and all law enforcement agencies with the specific intent of TARGETING AND DEPORTING LARGE NUMBERS OF ILLEGAL ALIENS.

Deportation of 12-25 Million Illegal Aliens would lower property taxes in many areas where home owners are being forced to pick up the tab to educate over 4.5 million children of illegal aliens. Deportation of America’s Illegal Aliens would put upwards of SEVEN MILLION LEGAL AMERICANS BACK TO WORK.

WAKE UP MAIN STREET…it is US OR THEM, and right now over seven million of them (Illegal Aliens) are working because you have been MEEK LITTLE LAMBS marching to your own slaughter. What is it going to be? Are you fine losing your home, are you fine with your children STARVING? ARE YOU FINE MOVING YOUR FAMILY INTO THE FAMILY MINI VAN? We can force Obama to take the necessary steps to DEPORT THESE VERMIN that are stealing food from the mouths of YOUR CHILDREN, but only if you become vocal, only if you let Washington DC know your RAGE.

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March 11, 2009 Posted by | Uncategorized | , , | 1 Comment