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H-1B Willful Violator List of Employers

dol.gov

31–40 of 169 posts

Re: H-1B Willful Violator List of Employers

#31
post #23

An obvious solution to this I've heard of before is to make the minimum salary for H-1B workers to be very high. Over six figures. If the talent is really so rare and difficult that you can't get it in the US, surely that talent is worth spending more money on. Any reason this would be unfair?

Yes, because that minimum would be lobbied and lobbied to be eroded away. It's a lever for the government to pull at their whim, much like they are doing with the H-1B end run program, OPT.

Re: H-1B Willful Violator List of Employers

#32

Earlier quoted context omitted.

I've often wondered - I know there are requirements for them to "post" those openings before they get the visa - if there is a way for "concerned citizens" to challenge them through the department of labor or something... we could make a website that would let professional engineers volunteer their spare time go down the list of WiPro's (or whatever the big offender companies are) visa requests and call BS on them.

They just have to post it at their place of business, so the public wouldn't have access to them. This is unlike the EB3 process where a job posting has to be made public as part of PERM.

Actually, you're wrong according to: https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62O... for "H1-B Dependent Employers"

"Such employers must take good faith steps to recruit U.S. workers for any job for which they seek H-1B workers."

Re: H-1B Willful Violator List of Employers

#34
There are many Indian consulting/vendor shops out there that flout many H1B rules. 1. They take H1B filing fee from employee. 2. They keep you on bench. if you have no job, the consulting firm will run a dummy payroll for you to maintain legal visa status and you have to pay back payroll taxes to them to make up for their loss. 3. Most of the time they will not have a job before hand as required by H1B programme. They will hire some one, keep them on payroll(point 2 above) and then start the search for a contractor work from their clients.

There is lot of fraud going on there. I would say about 50% of H1B visas go to these scams. Ask any Indians working on big companies and they can explain you the bigger picture. Its pathetic that DHS/USCIS are unaware of these widespread scams.

Re: H-1B Willful Violator List of Employers

#35
post #18

Earlier quoted context omitted.

The US is a nation of immigrants. As it stands now, H1-B is one of the few paths for technically-educated people to get lawful work and eventual permanent residence and citizenship in the US. I don't think there's anything wrong with sponsoring an H1-B for a talented and qualified person who wants to live in the US. There's room, and there are jobs, and complaining about immigrants is just stupid. That said, the H1-B…

I completely agree, but it's having your cake and eating it too. I'm in full support of H-1B, but you shouldn't be allowed cheaper labor and also not pay taxes. I'd like to see one or the other, pay taxes and have lower labor, or employee Americans and get tax breaks.

all visa holders pay all taxes. we even pay social security which we are not entitled to unless we become permanent residents.

Re: H-1B Willful Violator List of Employers

#36

Earlier quoted context omitted.

The US is a nation of immigrants. As it stands now, H1-B is one of the few paths for technically-educated people to get lawful work and eventual permanent residence and citizenship in the US. I don't think there's anything wrong with sponsoring an H1-B for a talented and qualified person who wants to live in the US. There's room, and there are jobs, and complaining about immigrants is just stupid. That said, the H1-B…

nation of immigrants Technically, most Americans were born in America.

Yes, but only about 2% have a significant ancestry in the Americas back more than 500 years. Relative to most of the rest of the world, almost all Americans are newcomers.

Re: H-1B Willful Violator List of Employers

#37

Earlier quoted context omitted.

I've often wondered - I know there are requirements for them to "post" those openings before they get the visa - if there is a way for "concerned citizens" to challenge them through the department of labor or something... we could make a website that would let professional engineers volunteer their spare time go down the list of WiPro's (or whatever the big offender companies are) visa requests and call BS on them.

What a joke! This is what it says on the Dept. of Labor site: Who enforces the requirement for offering jobs to qualified U.S. applicants? Questions or complaints concerning any non-selection should be referred to the U.S. Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), which also administers several statutes concerning employment disc…

For anyone looking for the correct link, here it is : https://www.justice.gov/crt/office-special-counsel-immigrati...

Re: H-1B Willful Violator List of Employers

#38
post #11

I think if you use H-1B for your company you should be denied from using any tax breaks when filing US taxes.

The US is a nation of immigrants. As it stands now, H1-B is one of the few paths for technically-educated people to get lawful work and eventual permanent residence and citizenship in the US. I don't think there's anything wrong with sponsoring an H1-B for a talented and qualified person who wants to live in the US. There's room, and there are jobs, and complaining about immigrants is just stupid. That said, the H1-B…

An H1-B is not a path to permanent residence. Having an H1-B does not help in any way with getting a green card. If you apply through employment the sponsoring company does not get any fee reduction, the application is not processed any faster. This is a completely independent petition.

The only way you could say an H1B is a path to immigration is for the case where a non-immigrant meets a spouse and get a green card through marriage. That's what happened to me, but this is really just by accident. Someone under a student visa could experience the same outcome for example.

You sait it yourself, the power of companies over H1Bs is overwhelming. Upon termination, an H1B has to leave the country in the following 24 hours, there is no "grace period" even though it's a widespread myth.

Re: H-1B Willful Violator List of Employers

#39
post #7

And what does this Wall of Shame actually do? Shouldn't the Department of Labor be able to fine them or something rather than just publishing their names?

It might be as a way to alert possible future employees.

Yes, the H1B prospects will no doubt use their incredible market position and bargaining power to avoid these employers.

Re: H-1B Willful Violator List of Employers

#40
post #23

An obvious solution to this I've heard of before is to make the minimum salary for H-1B workers to be very high. Over six figures. If the talent is really so rare and difficult that you can't get it in the US, surely that talent is worth spending more money on. Any reason this would be unfair?

Why not "auction" them? Ie, allocate them to the positions companies are willing to pay the most for in descending order.

You'd have to require that the company keep that salary in place for some number of years to prevent abuse, but that seems reasonable enough.

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