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H-1B visas: India-linked staffing companies claim a victory in legal fight
San Jose Mercury ^ | January 25, 2019 | Ethan Baron

Posted on 01/25/2019 6:09:17 AM PST by artichokegrower

A group of IT staffing companies with offices in India and the U.S. notched a victory in a legal fight with the U.S. government as a judge denied the government’s bid to throw out a lawsuit claiming the companies are being treated unfairly over their use of the controversial H-1B visa.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Culture/Society
KEYWORDS: aliens; h1b; h1bvisas; india; workforce
Their business model requires that they “have the flexibility to move workers around as needed,” Bloomberg Law reported.


And our President has stated that he will protect American workers as needed. Probably an Obama judge.

1 posted on 01/25/2019 6:09:17 AM PST by artichokegrower
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To: artichokegrower
I'd very much like to see the complete elimination of H1-B visas.I absolutely cannot accept that there's a single job vacancy in this country that cannot be filled by a US citizen (or Green Card holder) who is fully qualified for the job.

H1-B visas are all about salary.Greedy companies ask "why pay a citizen $75K/yr to do computer software when we can pay an Indian $20K/yr?"

2 posted on 01/25/2019 6:18:53 AM PST by Gay State Conservative (Mitt Romney: Bringing Massachusetts Values To The Great State Of Utah.)
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To: Gay State Conservative

I agree... H1B has to go. No o.o does it drive down wages, it is a great vehicle for exporting our technology to foreign competitors.


3 posted on 01/25/2019 6:27:47 AM PST by Bitman
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To: Bitman

O.o = not


4 posted on 01/25/2019 6:28:28 AM PST by Bitman
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To: Gay State Conservative

Open borders for unskilled workers; H1-B and L1 visas for ‘skilled’ workers. What a disgrace!


5 posted on 01/25/2019 6:29:07 AM PST by ThinkingBuddha
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To: artichokegrower

And Trump has recently proposed increase AND pathway to citizenship for H1B and presumably their families when we should instead be ending it and deporting them all. Sad.


6 posted on 01/25/2019 6:46:42 AM PST by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: Gay State Conservative

There is no need for H1B visas. It still takes more offshore workers to get the same results as one US worker. As for flexibility I’ve been working remotely for over six years. I can work for any IT department regardless of location.


7 posted on 01/25/2019 6:47:09 AM PST by SubVet72
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To: Reno89519

85,000 H-1B visas per year plus 85,000 H4 visas per year for their spouses. Mostly from India.


8 posted on 01/25/2019 6:59:15 AM PST by artichokegrower
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To: artichokegrower

A H-1B visa should cost an employer at least $100K to the government per year, and the minimum salary for the employee should be at least the same.

This would show that they could not procure the right people for this position, and would make hiring American workers a priority.


9 posted on 01/25/2019 7:21:49 AM PST by kosciusko51
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To: ThinkingBuddha

L1 OPT is a HUGE issue nobody is talking about.

The numbers absolutely dwarf H1B’s in real terms.

The visas are basically minted by fly-by-night universities like Cumberland U., Harrisburg U., Wilmington U. and Maharishi University of Management. They have a vested interest in getting the tuition money.

Students are granted CPT conditional work permits immediately. They work during their studies and then get up to 3 more years on an OPT work permit.

The university may be in Kentucky but the student will take a job in California and do all of the courses online (we grant visas to enter the country to take a correspondence course WHY, exactly?)

Students almost always manage to get an H1B during their 3 year OPT visa. If they don’t they re-enroll in another fly-by-night college program and start the whole process over again.

F1 OPT holders DO NOT pay FICA taxes! Nor do their employers pay matching. This makes them less expensive to employ than Americans or others holding legal work visas.


10 posted on 01/25/2019 7:30:53 AM PST by Buckeye McFrog
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To: artichokegrower

Judge Madeline Cox Arleo
Assumed office
November 21, 2014
Appointed by Barack Obama

SHOCKED


11 posted on 01/25/2019 7:44:56 AM PST by Lazamataz (McCain's passing ended up being + 2 net Republican Senators. Him, and Lindsey Graham.)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
...a judge denied the government’s bid to throw out a lawsuit claiming the companies are being treated unfairly over their use of the controversial H-1B visa.
Thanks artichokegrower.

12 posted on 01/25/2019 7:50:22 AM PST by SunkenCiv (and btw -- https://www.gofundme.com/for-rotator-cuff-repair-surgery)
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To: artichokegrower

President Trump just wants what was promised by Congress at the one time amnesty of 1986. We the People gave the Democrats their voters and got 32 years of empty promises ever since. Proper enforcement includes 1) the wall 2) eVerify permanently financed 3) birthright citizenship defined by Minor v Happersett 4) end chain migration 5) end H1b and visa lottery 6) restore English proficiency requirement for citizenship 7) 10-year moratorium on new citizenship applications 8) tax remittances to Mexico so income can be confirmed by IRS.


13 posted on 01/25/2019 8:49:25 AM PST by RideForever
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To: artichokegrower

It is a pyrrhic victory. It only means they have a right to try to make their case in court, not that they will win that case.

The Indian companies are not being singled out because they are based in India.

They are being singled out because their H1B operations in the U.S. have demonstrably NOT been an open employment process as much as they have been a conveyor belt for a concentrated level of H1bs dominated by folks from India. They are not being discriminated against by the U.S. actions against them. They have been discriminating against possible H1B applicants from all over the world, preferring to mostly get jobs for their own.


14 posted on 01/25/2019 9:02:01 AM PST by Wuli
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To: artichokegrower
85,000 H-1B visas per year plus 85,000 H4 visas per year for their spouses. Mostly from India.

That's a two-fer for the Rats and the GOPe:

1. reduced salaries means more profits for the multinational tech companies, so more campaign contributions, and

2. Indians, in the vast majority vote Rat

15 posted on 01/25/2019 9:52:18 AM PST by bkopto
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To: artichokegrower
claim in their lawsuit filed in May that a U.S. Citizenship and Immigration Services policy requiring H-1B-applicant companies to disclose every location visa holders will work imposes an impossible burden [...] Now, a federal court judge in New Jersey has nixed the federal government’s attempt to have the lawsuit dismissed, with a lawyer for the consortium calling the ruling a win, Bloomberg Law reported. However, the judge denied the plaintiff companies’ request for an order putting the H-1B workplace-disclosure policy on hold.

Not much of a win - and not much of an argument. We're supposed to let tens of thousands of people into the country every year and not know where they are?

16 posted on 01/26/2019 12:40:44 PM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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