Reply to Are people on H-1B visas worried about the deportation plans?

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Reply to "Are people on H-1B visas worried about the deportation plans?"

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[quote=Anonymous][quote=Anonymous]H-1B visa applications have to be signed by prospective employers and the include attestations about the availability of American workers. A few perjury/falsifying a government record charges with jail time against the corporate lawyers whose signatures are on the forms and the problem will right itself [/quote]

You underestimate the scope of the fraud. There are companies that serve as visa clearinghouses for corporate clients which helps keep the corporations nose clean. These middlemen are engaged in a volume business -- their goal is to process as many visa applications as possible in order to yield the maximum number of successful visas. Among the fraudulent behavior of these companies is behaviors like submitting thousands of identical applications. Which means every one of those applications was fraudulent even if the company hiring an applicant had a legal reason for requesting the visa and the applicant met a legal requirement -- since the application itself ("prepared" by the clearinghouse company but actually just copied from a generic application) is fraudulent, the visa is invalid.

Yes some of these people have or will go to jail. But the corporation suffers no consequences while the immigrant faces deportation if they can't right the visa application or, if necessary, secure another job. All of which gets harder under an administration that is taking a zero tolerance policy towards immigration generally and has no empathy for the fact that the visa applicant may have been completely unaware of the fraud.

Trust me, no corporate lawyers are spending a day in prison over this. And companies like Capital One have no incentive to change how they fill these positions. Ultimately it's worth it to them to use one of these clearninghouse companies because they are often using them to fill jobs for which there is an American workforce, just one that is more expensive than the H-1B applicants. They will continue to abuse the program as long as that abuse is tolerated and if the tolerance stops they aren't really on the hook for anything because they don't actually participate in the fraud, they just benefit from it.[/quote]

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