Report finds fraud in 20% of H-1B applications

[OhioChick]

February 15, 2009 at 12:00 AM

Federal investigators discovered fraud in more than 20 percent of applications they examined in which employers were requesting H-1B visas to hire foreign professionals in the U.S., a finding they called a "significant vulnerability."

In a report released late last year, U.S. Citizenship and Immigration Service cited one especially egregious case in which an employer petitioned for a business-development analyst position but later told investigators the worker would be doing laundry and maintaining washing machines.

The report's findings appear to vindicate some critics of the H-1B program, who have said the hiring of foreign professionals hurts U.S. workers.

The immigration service promised procedural changes in the wake of the findings, but warned that the findings were not an indictment of the program overall.

"The H-1B program is immensely valuable, and most employers and workers who use it, use it properly," spokeswoman Sharon Rummery said.

Investigators picked a random sample of 246 H-1B applications out of the 96,827 filed by employers between Oct. 1, 2005, and March 31, 2006. Holders of such visas must have at least a bachelor's degree or the equivalent, and employers are required to pay them the prevailing wage.

But investigators found instances in which workers forged their employment and education credentials to obtain visas. No actual U.S. employer even existed in some cases.

Some employers failed to pay the prevailing wage or "benched" the H-1B workers — an illegal practice of not paying them or paying a fraction of what they are required to during times when there's no work.

Investigators found higher incidences of fraud among smaller, less established employers. And violations were more common among workers with a bachelor's degree, those who were outside the U.S. when they were hired, and those in such occupations as accounting, human resources, sales and advertising.

And just last week, federal agents arrested 11 people and indicted a New Jersey employer on suspected H-1B visa-fraud charges, including money laundering and using false documents to obtain jobs.

http://seattletimes.nwsource.com/html/nationworld/2008746255_h1bside15m.html

Well, color me surprised....

[thunder rising]

1. Most of them are lying when they call themselves programmers

[ChromeFoundry]

2. again... not suprised

AT ALL

[babylonsister]

3. More than 20%? That could be 80%, no? nt

[ihavenobias]

8. Ha, ha...

Good point!

PS---You must be the most beloved DUer there is with all those stars!

:)

[fujiyama]

4. No surprise

If you work for just about any IT/Engineering Services company you'll see abuses of the H1 system.

But when you work for an IT/Engineering company owned by an Indian company, the abuses seem to multiply. It's incredible. I think the Satyam (ironically Satyam means "truth") scandal (while not completely related to this mess) exposes some of the lax ethical standards at many of these companies. It's no surprise they would exploit loopholes or simply commit outright fraud.

And the impression I get is that these abuses have INCREASED over the years. It's clear the justification for this program is drastically reduced when permanent residents and citizens are being laid off. And I think as the quota has increased, more are coming in with questionable talent, credibility, and resumes (often times completely exaggerated or faked outright). Even those that came earlier can sense that the newer H1's are getting less respect.

[Catshrink]

5. I'm shocked, shocked I tell you.

Not.

[dickthegrouch]

6. So, yet again, there isn't enough oversight

It's all very well having a huge bureaucracy and thousands of gun-toting goons, but if in the end there's no process, oversight or accountability, we are wasting our money on DHS.

I have seen the decisions of Citizenship Immigration Service be virtually random. Anyone who thinks they are actually serving the country is receiving far better medications than me.

[ihavenobias]

7. K & R, lucky # 7 n/t