rimzhim
02-05 05:02 PM
I am very dissapointed but very glad you finally said it, wish you did 6 months ago.
what logic life says makes 100% sense. we are not here to fight --- there are other forums for that. in fact, i should not have respoded to eb3_nepa at all
what logic life says makes 100% sense. we are not here to fight --- there are other forums for that. in fact, i should not have respoded to eb3_nepa at all
wallpaper Re: quot;Aqsa Saree Storequot;.
concorde
03-10 03:03 AM
This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).
nk2006
09-17 02:11 PM
Thanks for the commentary everyone.
I am kind of curious about onething - why is IV core is not saying anything about current house committee deliberations? - did I miss some posts. I am not trying to criticize or anything but just trying to understand if we are getting excited about something which is destined to fail already (I made all the calls and also personally made 5 others to make calls yesterday). If its a strategy not to discuss too much its fine with me - hope there is still a fair chance for 5882.
I am kind of curious about onething - why is IV core is not saying anything about current house committee deliberations? - did I miss some posts. I am not trying to criticize or anything but just trying to understand if we are getting excited about something which is destined to fail already (I made all the calls and also personally made 5 others to make calls yesterday). If its a strategy not to discuss too much its fine with me - hope there is still a fair chance for 5882.
2011 Designer lehengas sarees,
Green.Tech
06-17 04:12 PM
Please don't get bogged down by whether the bills will help an individual category. Everyone involved in EB GC process will be in a good position once these bills pass. So, please participate in IV's phone and funding campaigns.
Thanks!
Thanks!
more...
ss_col
06-16 01:18 PM
Called all.
humdesi
10-16 10:06 PM
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
So what's the new development?
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
So what's the new development?
more...
mmanurker
08-11 11:52 AM
Done...
EB3-I - PD: Dec'2003
EB3-I - PD: Dec'2003
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gk_2000
04-22 06:35 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)
IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations
Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)
IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations
Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
more...
arunkotte
07-29 09:02 PM
Based on my research I found out that net assets for an S corporation can be found on Schedule L on 1120S. Net assets=[sum of lines (1d-5d)] minus [sum of lines (16d-18d)].
If net assets+existing wage>proffered wage, the company has ability to pay.
frustrated2007,
Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.
If net assets+existing wage>proffered wage, the company has ability to pay.
frustrated2007,
Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.
hair Designer Sarees - Designer
kubmilegaGC
09-17 01:23 PM
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
anyone would be when they get this email ..I meant 2007 and 2009 wherever there is mistake of 2207 and 2209. Thanks!
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
anyone would be when they get this email ..I meant 2007 and 2009 wherever there is mistake of 2207 and 2209. Thanks!
more...
pappu
07-16 09:40 PM
All,
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
We advice not to use this template and form. The message and the organization sending it for their advocacy agenda is very important. Even if you change the wording, people will hardly read the letter. They will look at the organization that sent it and its agenda.
It is better to call or email your senators and congressmen with a personal message. When there is a need for a fax campaign, IV will activate its fax campaign system here http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
If you email or call your Congressmen or Senator, do tell them that you are a member of ImmigrationVoice so that their office can make the connection to your calls, meetings and emails in our advocacy meetings. Another point to note that in person meetings have much more effect than emails. You may get a standard reply to your emails. Sometimes the response may talk about a general immigration position of the senator rather than a specific reply to your question.
BTW do not quote any bill # yet. If you want to talk about Recapture, just say recapture of unused visas for Employment based category.
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
We advice not to use this template and form. The message and the organization sending it for their advocacy agenda is very important. Even if you change the wording, people will hardly read the letter. They will look at the organization that sent it and its agenda.
It is better to call or email your senators and congressmen with a personal message. When there is a need for a fax campaign, IV will activate its fax campaign system here http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
If you email or call your Congressmen or Senator, do tell them that you are a member of ImmigrationVoice so that their office can make the connection to your calls, meetings and emails in our advocacy meetings. Another point to note that in person meetings have much more effect than emails. You may get a standard reply to your emails. Sometimes the response may talk about a general immigration position of the senator rather than a specific reply to your question.
BTW do not quote any bill # yet. If you want to talk about Recapture, just say recapture of unused visas for Employment based category.
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for_gc
12-09 10:18 AM
Can somebody please explain what does LUD stand for ? Thanks in advance.
more...
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kubmilegaGC
09-16 07:49 PM
What to get out of these SR responses (received by email)
#1
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
#2
Your application is currently with an officer; you will be notified when a decision has been made or if additional information is needed.
Infopass for #1 - had an answer of with an officer since 9/11
WHEN the wait will end?
#1
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
#2
Your application is currently with an officer; you will be notified when a decision has been made or if additional information is needed.
Infopass for #1 - had an answer of with an officer since 9/11
WHEN the wait will end?
tattoo of his designer sarees in
vparam
08-01 02:17 PM
What you guys think about On-line MBA ? Is it worth doing ? Any recommendations for on-line MBA or on-line M.S.?
Your inputs are appreciated !
there is no difference between online and regular MBA. some universities who have bith , do not even differentiate it in the diploma. for experiance people who add a MBA it has some value if they seek higher position. if you go on to to brick school you could get selected in campus interviews but the position is also lower
Your inputs are appreciated !
there is no difference between online and regular MBA. some universities who have bith , do not even differentiate it in the diploma. for experiance people who add a MBA it has some value if they seek higher position. if you go on to to brick school you could get selected in campus interviews but the position is also lower
more...
pictures DESIGNER#39;S SAREES.
dreamworld
06-15 05:27 PM
Please guys. Do not rush your marriage for Green Card. I know couple of my friends ended up in bad marriage experience just becoz they are getting faster green card. Choosing right partner is more important than GC.
If you already decided on your partner and waiting to get married, then its right time. So my advise, please counsult with an attorney if you are unmarried and filing 485.
If you already decided on your partner and waiting to get married, then its right time. So my advise, please counsult with an attorney if you are unmarried and filing 485.
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vikki76
10-28 06:15 PM
wow!!!..just amazing. But irony is that while your case was pending, nobody informed you that why case was sitting on the shelf.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
more...
makeup Designer Saree#39;s - Specially 4
ganguteli
04-27 12:19 PM
Did you mean the India on Earth? :D I dont think people laid off from IT companies in India even get severence.
Senthil1 is an anti-immigrant and should have been banned long time back.
Senthil1 is an anti-immigrant and should have been banned long time back.
girlfriend Designer Sarees, Sarees,
johnwright03
07-30 11:51 AM
Wow...You seem to be a Guru in this field...!!! expert in the lingo too....
Dont even think about it unless you are a quant and have resources that can compete with the Hedge funds. Commodities do not behave like stocks, you need to be able to model prices using multi variate models. Then there is jumps. You should be familiar with jump diffusion/step functions etc. To be able to model these you will need to use a factor model like the Pilipovic model. Even then it will only be an approximation.
Commodities are purchased as futures. Futures are derivatives and you will need to hedge them. A perfect hedge for a future is 1:1 in the spot. Since there is no arb here you will have to use options. To model the price of an option you will have to be a master of Black-Scholes option pricing model or a similar method like monte carlo simulation. Even if you figure all this out you will have to delta hedge. Delta hedging commodity options is very expensive, you will bleed money. Look up Hodges-Nuberger model for delta hedging options on derivatives.
I suggest a book by Daragana Pilipovic called "Energy Risk", buy it and read it. After that if you still feel you can take on hundreds of computers running parallel with teams of quants modelling prices and programs trading algarithimic models; then Good luck!!
Trade stocks as modelling stocks is comparitively easy. Stocks have drift (mu). If you are saturated with stocks look into options and Fixed income. Leave all these complicated stuff to the pros. You have better chance of hitting a jackpot in a casino than making money in trading commodities.
Dont even think about it unless you are a quant and have resources that can compete with the Hedge funds. Commodities do not behave like stocks, you need to be able to model prices using multi variate models. Then there is jumps. You should be familiar with jump diffusion/step functions etc. To be able to model these you will need to use a factor model like the Pilipovic model. Even then it will only be an approximation.
Commodities are purchased as futures. Futures are derivatives and you will need to hedge them. A perfect hedge for a future is 1:1 in the spot. Since there is no arb here you will have to use options. To model the price of an option you will have to be a master of Black-Scholes option pricing model or a similar method like monte carlo simulation. Even if you figure all this out you will have to delta hedge. Delta hedging commodity options is very expensive, you will bleed money. Look up Hodges-Nuberger model for delta hedging options on derivatives.
I suggest a book by Daragana Pilipovic called "Energy Risk", buy it and read it. After that if you still feel you can take on hundreds of computers running parallel with teams of quants modelling prices and programs trading algarithimic models; then Good luck!!
Trade stocks as modelling stocks is comparitively easy. Stocks have drift (mu). If you are saturated with stocks look into options and Fixed income. Leave all these complicated stuff to the pros. You have better chance of hitting a jackpot in a casino than making money in trading commodities.
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RandyK
11-06 11:50 AM
Senator Grassley sponsored H-1B Supplemental Fee legislation which the Senate passed but collapsed at the conference a few days ago. Yesterday, in the "unrelated" "Farm" Bill session, the Senator requested a ten-minute time and made the following statement on the Senate floor. Abstract of the statement -"It Ain't Over T'll It is Over."
Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.
Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.
sledge_hammer
03-13 03:40 PM
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?
My take is that there is horizontal spill-over in unused visa numbers - correct?
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?
My take is that there is horizontal spill-over in unused visa numbers - correct?
atiq4
09-17 11:31 AM
I was checking the c-span.org and couldn't find this.
They are discussing other things on c-span.org live.
They are discussing other things on c-span.org live.
