H-1B visas used by firm to create low-cost workforce, U.S. alleges

[WilmywoodNCparalegal]

34. Because employers can be audited and inspected by ICE or USCIS or DOL

without notice.

One of the requirements of the H-1B is that employers must maintain public access files for anyone's inspection at any time, where the employer makes attestations as to wage, benefits, worksite conditions, etc.

DOL can inspect an employer at any time without notice, ICE can inspect without notice, USCIS can and does worksite visits, each state's DOL can inspect, and so on.

The other thing is that the H-1B petition includes a job offer contract (for new employees) indicating the wage or three most recent paystubs (for current employees who are extending their visas and/or changing to a new employer).

The attestations an employer makes are under penalty of perjury and criminal prosecution. Any serious and legitimate employer does not do so willy-nilly without being aware of the penalties.

My undergrad institution is a state university where the great majority of students are in the engineering department. For two years, I was a double major and one of my majors was computer engineering. All my friends are graduates in either computer or electrical engineering. All were U.S. born. All have been employed without interruptions since graduating in 1995. Two of my friends started their own company, developing software for online classes and quizzes.

At my father's employer, a major aerospace engineering company, there are positions in mechanical and aerospace engineering that have been vacant and open for almost 3 years. They simply can't find anyone. Of course, they require that the employee have a clear background check in order to secure government secret clearances (no DUIs or major traffic infractions at all, by the way). Because the U.S. government only releases certain levels of clearances to U.S. citizens, the company does not have the luxury to hire non-citizens.

At my current employer, certain IT positions in database architecture and in other areas have been open for over 2 years. Strangely enough, we have not had much luck recruiting foreign workers either. We've had interested applicants, but the dominant factor is the unwillingness to move to Las Vegas.

My sister's area - medical research - is also in dire need of help. Although they have been able to find some professionals, most are foreign-born. According to her, one of the major problems that makes it difficult to hire U.S. workers for those highly-technical and skilled positions is that there is a resistance to accepting evolution as a scientific fact.