tunnel rat posted on September 27, 2011 16:06
From our friends at meetyourindianreplacement.com

tunnel rat posted on September 24, 2011 17:54

The United States Attorney's Office for the Middle District of Pennsylvania, announced the sentencing of a defendant convicted of visa fraud and money laundering in connection with the procurement of H-1b Visas and Green Cards for ineligible or unqualified Indian nationals
(as if there is any other kind).

According to United States Attorney Peter J. Smith, Dynanoba "Ken" Kendre, 43, of Mechanicsburg, was sentenced yesterday to 21 months' imprisonment and ordered to pay $100,112 in restitution following his guilty plea to visa fraud and money laundering charges. The sentence was imposed by Senior United States District Judge Sylvia H. Rambo in Harrisburg, Smith said.

The charges to which Kendre pleaded guilty stemmed from an investigation conducted by the U.S. Department of Labor, Office of Inspector General; the Internal Revenue Service, Criminal Investigation; the Department of Homeland Security, Homeland Security Investigations; and U.S. Citizenship and Immigration Services, Fraud Detection and National Security.

The investigation revealed that Kendre, owner of Global Empire, d/b/a Global Healthcare Group and Fortune 500 Systems, defrauded the H1-b, Temporary Foreign Worker Visa Program, as well as the Permanent Labor Certification Program, by submitting Labor Condition Applications containing false and misleading information. Kendre accepted cash payments from foreign workers, who were not employed, in order to produce false payroll checks and W-2 wage and tax statements indicating the foreign worker was so employed. The fake payroll checks and W-2 wage and tax statements were submitted in support of H1-b Visa renewals or for adjustments of alien status by way of the Permanent Labor Certification Program. Foreign workers also paid Kendre a $5,000.00 "Annual Maintenance Fee" for keeping a Visa active with the company as well as a 25% fee for each payroll check processed by the company.

H-1b Visas are issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), and permit qualified alien workers entry into the United States to work in a specialty occupation. A specialty occupation, such as health care, requires alien workers to meet certain educational and professional requirements established by USCIS and an employer's petition on their behalf. The number of petitions filed with USCIS each year far exceeds the limited number of H-1B Visas available, so they are valuable to alien workers and a source of illicit profit to corrupt employers. Securing an H-1B Visa often represents the first step in obtaining permanent lawful residency via a Green Card and, ultimately, U.S. citizenship.

Despite Kendre's representations in petitions to federal agencies, few of the individuals for whom he submitted petitions actually performed work for his company. When there was no work at his company for them, Kendre instructed the foreign workers to secure cash-paying jobs in other locations. Kendre then engaged in a process known as "running the payroll," whereby the visa recipients were instructed to pay Kendre an amount based on the prevailing wage for which they were petitioned, plus a 25% fee that was to cover the company's payroll taxes. Kendre then had his company issue payroll checks for the foreign workers. Those payments were used in part to pay the visa recipients back, as falsified proof of compliance with the terms of their visa requirements and in order to apply for Green Cards. Other portions of the payments were used to pay the company's payroll taxes owed the government, to perpetuate the false visa petitions, and pocketed as profit by Kendre.

In addition to the jail term and restitution, Kendre also was ordered to serve 3 years of supervised release following his prison term.

U.S. Attorney Smith thanked the federal agencies involved in the case for their steadfast assistance. Smith said, "The defendant's criminal activity in this case spanned a number of years and involved the work of multiple federal agencies. The just result in this successful prosecution was achieved through the diligent work of our federal law enforcement partners. I thank them for their consistent excellent efforts."

Eric Hylton, Special Agent in Charge of IRS, Criminal Investigation stated, "Today's sentencing is a direct result of the excellent partnership the IRS, along with other Federal Law Enforcement Agencies, and the U.S. Attorney's Office has in combating violations of Federal Law. This sentence should serve as a deterrent to those who might contemplate similar fraudulent actions."

That sentiment was echoed by John Sprately, Special Agent-in-Charge for the Philadelphia Region of the U.S. Department of Labor, Office of Inspector General. Spratley stated, "Today's sentencing underscores our efforts to investigate fraud against the Department of Labor's foreign labor certification programs. The defendant falsified labor certification applications, for considerable financial gain, in order to illegally obtain visa renewals and permanent residence cards for foreign nationals. The Office of Inspector General and its law enforcement partners remain committed to combating this and any other fraud perpetrated against Department of Labor programs."

The case was prosecuted by Assistant United States Attorney James T. Clancy.


Yeah, no shit.

H-1B workers abuse work privileges: IG

By Alice Lipowicz
Sep 15, 2011

About 18 percent of the skilled foreign workers allowed employment in the United States under H-1B visa programs may have committed fraud or abused the program, according to a new report from the Social Security Administration’s Office of Inspector General.

Congress created the H-1B program in 1990 to allow highly skilled foreign workers to work within the U.S. for several years, primarily in high-tech fields. While U.S. tech companies say the foreign workers are critical to remaining competitive, American workers contend that the influx of additional workers undercuts their wages.

The H-1B program, which is run by the Homeland Security Department, allows work for tens of thousands of visa holders per year. The SSA provides Social Security numbers to the workers to be reported as wages in approved workplaces.

However, many H-1B workers did not fulfill those conditions. The SSA IG found that 18 percent of the H-1B workers who were assigned Social Security numbers for work in 2007 did not fulfill the assigned purpose, according to the report released Sept. 7. The review said that finding applied to 7,131 H-1B recipients of a total of 38.546 H-1B recipients evaluated.

Of the total cases reviewed, 11 percent worked for an employer other than the one approved by DHS, while 7 percent posted no wages during the two-year period studied, the report states.

For the 18 percent of the H-1B visa recipients who did not follow the rules, the report said it resulted in unauthorized use of the H-1B visa program.

“Unauthorized work by H-1B workers weakens SSN integrity and may require that the agency pay future benefits to individuals who misuse an SSN to work in the United States. In addition, H-1B workers who do not work for their approved employers could pose a risk to homeland security because they may obtain employment in sensitive areas,” the report states.

Applying the percentages to the entire H-1B visa holder cohort, the report concludes that thousands of H-1B visa holders may be engaging in unauthorized work each year.

“While we recognize SSA is not responsible for immigration enforcement, unauthorized work by non-immigrants impacts the agency by weakening SSN integrity,” Patrick O’Carroll Jr., SSA inspector general, wrote in the report. “We recognize there is no easy way to fix this problem. However, we believe SSA has an opportunity to help address unauthorized work by non-immigrants.”

O’Carroll recommended that the SSA work with DHS to offer to establish a data match agreement to better identify the H-1B visa holders who do use their Social Security numbers for purposes other than approved work.

SSA managers agreed with the recommendations.

It is not surprising that magic-underwear candidate Mitt Romney supports the importation of scabs to displace Americans.  After all, in his previous life, he was an evangelist for the outsourcing/offshoring regime at McKinsey and Bain Capital.

But now this dumb fuck Mormon is paying back his NASSCOM sponsors with some bullshit rhetoric about the US needing more slumdogs to put even more locals out of work.  It all just makes me want to go all "Taxi Driver" on his ass.

Romney sees tech skills shortage, and H-1B visa need

Experts rebut Romney's claim that 1.25 million high skill jobs are unfilled in U.S.

Patrick Thibodeau

September 7, 2011 (Computerworld)

WASHINGTON -- Mitt Romney, a top candidate for the Republican presidential nomination, has released an economic plan that would make it easier for foreign college graduates with advanced degrees in math, science and engineering to work in the U.S.

Romney's plan, unveiled this week, includes a proposal "to raise the ceiling" on visas for holders of advanced degrees in math, science "who have job offers in those fields from U.S. companies."

"These workers would not displace unemployed Americans. Rather, they would fill high-skill job openings for which there is currently an acute shortage of labor," wrote Romney, a former Massachusetts governor, in his plan.

The U.S. caps H-1B visas at 85,000 a year. Current regulations set aside 20,000 of those visas for advanced degree graduates of U.S. universities.

Romney's proposal doesn't stipulate that advanced degree holders be graduates from U.S. universities.

Romney's plan also calls for "stapling" green cards to the diplomas of technical degree graduates of U.S. universities, a plan that has been proposed by lawmakers on both sides in Congress without success.

"Even in this tough unemployment climate, as of this past spring nearly 1.25 million high-skill jobs remained unfilled," said Romney, in the economic plan released Tuesday. "A skills gap of that magnitude suppresses the productivity of our businesses and slows the overall economy. Highly educated immigrants would help fill that gap and get our economy rolling again."

Ron Hira, a public policy professor at the Rochester Institute of Technology in New York, characterized as "dubious" Romney's claim that there is 1.25 million unfilled high-skilled positions.

"None of the official statistics support a claim that there's a shortage of these occupations," said Hira. "Unemployment rates for these occupations continue to be twice what they should be at full employment..."

- more


Looks like some insurgents are about to go all Jessie Jackson upside the high-tech junta. I look forward to the days of American techies marching into the Curry Dens like Motorola and forcing the mouth-breathing slumdog scabs out of their cozy cubicles.  This just showed up in my email:



BFJ has joined with Stand Up! Chicago, an umbrella group opposed to a proposed U.S. trade deal, to rally for putting Americans back to work and stoping the Trans-Pacific Partnership (TPP) pact. The rally wil take place in downtown Chicago at 11am sharp. Projected turn out is now at least 1,000 and could reach 1,500 or more.

Chicagoans--long know for big shoulders, contentious politics and spirited rallies--has some bright minds atop their big shoulders. They are putting boots on the ground for a long overdue dose of street heat. They have a sharp press operation, receiving advance publicity for the rally.

Stand Up! Chicago has already targeted Motorola & IBM for corporate freeloading, bloated CEO salaries, and dismal job creation so BFJ will be highlighting Motorola & IBM's recruitment abroad for their Illinois job openings. Since 2008, Motorola used the H1-b program to recuit abroad to fill 384 job openings in Illinois, with annual wages of $26,480,732. Stand Up! Chicago is continuing to keep Motorola in their sights and will be thrilled to see IT professionals organized and represented at the rally.

At the rally, you'll see burly baby-boomer Hard Hats marching with tattooed, pierced baristas and hip-hop high-schoolers. Mild-mannered teachers will be beside lawyers attired in business casual. All rallying to put Americans back to work and kill these trade deals. If this doesn't convince you to join, Ben & Jerry's offer of free ice cream maybe the "sweet" that seals the deal for you.

Reply to this message to meet beforehand so we can join the rally together.

We have a slick brochure that was designed by one of our members, so If you are going to a Labor Day rally and want to distribute this please let us know.

Very Good News
Senator Durbin, in a speech to business leaders outside Waukegan, IL, laid out the negative impacts the h1-b program was having. What's stunning is that the topic was even brought up! Outside of the IT industry, these corporate programs are never addressed, so it's been a challenge just to explain what's happening to us and our high-tech jobs.

I read this as an indication that the Senator is gearing up to launch this battle to stop corporate discrimination. Make sure that you are also gearing up to join this battle by talking to your friends and family FIRST. Get them on your side; they will be your support team and create openings for you and BFJ to build a grassroots movement to pass H1-b & l-1 reform.

the Team at BFJ,

Donna, Mike, Barbara M, Barbara G & John R.


- Vineet Nayar, CEO, HCL Technologies

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