Filing Fee Fundraiser
Facts:
Indian Scammers have massively exploited the H1B Visa system to effect a complete denial of employment to American Workers. They have done this by creating a multitude of "consultancies”, who act as visa peddlers, to the larger Indian operated IT Companies, by flooding the Department Of Labor with fraudulent LCAs, and then transferring whatever Visas they are able to obtain to the larger companies, or otherwise peddling the holders of those Visas around from employer to employer. These actors are fraudulent because they do not have any actual contracts with customer companies, but instead, act as “Implementation Partners” to the larger Indian IT Companies, who have the actual contracts with American Companies. The "consultancies” do not offer jobs to Americans “in good faith”, much less at all. They use phony job listings on jobs websites to create the false pretense of offering those jobs “in good faith”, and use automated systems to continue to update job listings to maintain that appearance, when at all times those jobs are predestined for H1B Visa holders. American workers who apply to the phony job listings will never hear back from those companies, and the personnel at those companies who actually receive the applications, if any at all, will never pass those applications on to any actual hiring or designated party, anywhere, much less ever review the application.
In short, the "consultancies” all follow the same scam template: In no case is the actual work done by the H1B Visa holder done for the "consultancy" itself. They always act as placement agencies, and will claim an American Company as the SECONDARY_BUSINESS_ENTITY in their LCA Filings. At no time do these "consultancies" have any kind of direct contract with the American Company client. At all times they are acting as 4th-party middlemen. In some cases they may actually mention the prime vendor to the client in their LCA, but in many cases they do not. Regardless, while they may be the party that actually pays the worker, it is the end client that receives the work product, not the prime vendor, but, the worker must execute agreements nonetheless with that vendor to the same extent as a direct employee of that vendor would, even though that person is claimed to be an outside contractor to this vendor. These prime vendors then misrepresent to their clients that the actual worker is their employee, when in fact that person is an employee of, or a contractor to an outside partner. From the clients' perspective all of these individuals appear as employees of their prime vendors. They are usually unaware that their prime vendors are working with hundreds of smaller companies to illegally file extra Visas to place people with them. Then, at some point the Visas obtained from subordinate companies will be transferred to the prime vendor, and become cap exempt, and the "consultancy" can then apply for more Visas, and the prime vendor can make previously acquired foreign workers PERM. They have been at this scam for at least twenty years.
Many of the occupations under SOC 15-1200 are no longer any kind of specialty whatsoever. They have come to ubiquity. While the rates of pay for those occupations may fall within the established values to be considered as such, those values are based on past economics that no longer exists due to the inflation caused by the conduct of Indian scammers described herein. Nothing about the work itself is anything outside the collective knowledge base of the American labor force at the current time.
The use of the H1B Visa system for personnel staffing, or providing IT Services via contracts with American companies is not in cognizable within Section (n) of the INA. The purpose of the law was to provide supplemental workers to employers directly. That is, the actual company for whom the work was being performed for company purposes. This means companies that produce consumer goods and provide consumer services to the market as a whole. Third-party and fourth-party employers are not cognizable under INA Section (n). That the H1B Visa program has been allowed to be used as such is a product of its unconstitutionality. The law failed to specify this condition, and proscribe it, and thereby allowed the executive branch to interpret the law to include “Employers” placing people at Secondary Business Entities to obtain Visas.
If only primary employers were allowed to sponsor Visas for foreign workers, only as many as needed would be applied for. Primary employers have no incentive to accumulate Visas. Allowing companies that place people at Secondary Entities to sponsor Visas creates an incentive to procure as many as possible to exploit that market. It creates a business opportunity for these third, and fourth party providers. To that extent, one would expect them to capitalize on it, but that was not the intent of INA Section (n). Creating a market for companies that use foreign workers to add third and fourth party overhead to the cost of labor for American companies is not cognizable in any way within the scope of INA Section (n).
Additionally, since H1B Visas are transferrable, they literally become articles of value that can be bought, sold, traded, and even used for criminal activity. An analogy would be state liquor licenses, and in some cases other such grants from a state, that have value and can be legally transferred to other parties. That creates a market incentive to accumulate as many as possible, whether legally or illegally, and has led to the market circumstance of the larger Indian scammer IT Companies spawning a multitude of "consultancies" to corner the market. Creating a tradable license that can be exchanged for profit is not the intent of INA Section (n), nor was giving away thereby a valuable business sector, to foreigners and foreign companies.
The LCA Data Show at least 37,000 LCAs filed that indicate remote work to various Secondary Business Entities. As a class, these are likely fraudulent. For an Employer to claim they need to import a foreign worker to move to America, to establish a residence anywhere in the country, to work from home, is highly suspect.
However, a remote-work exploit that is commonplace and has been recorded to some extent at least in Federal Cases against the prime IT Service companies, is that the actual persons using Visas to stay in America have no Specialty Occupation skill whatsoever. They are literally placeholders. The actual work is being done by persons in India, because by its nature, (Software Development), it can be produced and delivered remotely. Ultimately the Secondary Entity receives a person at their Worksite who has no qualifications at all, but fronts for a team of developers offshore.
Another remote-work scam is for a remote worker to work from a less costly area, but bill the clients the rate based on the client's more expensive location.
The top ten “Indian” IT Services Companies, using "consultancies” as fronts are:
i) Tata Consultancy Services, an Indian Corporation.
ii) Cognizant, incorporated in New Jersey where identity of corporate officers is not publicly disclosed, incorporated and operated predominantly by Indian nationals.
iii) Infosys, an Indian corporation, U.S. Headquarters in Richardson Texas.
iv) Capgemini, incorporated in France, with a large Indian workforce in India, used to traffic Indian nationals into American Jobs.
v) LTIMINDTREE incorporated in New Jersey, formerly operating as Larsen and Toubro.
vi) HCL, Indian company with U.S. Headquarters in Sunnyvale California.
vii) Accenture, Irish corporation, used to traffic Indian nationals into American Jobs.
viii) WiPro, incorporated in New Jersey, operated by Indian nationals.
ix) Compunnel. incorporated in New Jersey, operated by Indian nationals.
x) Tech Mahindra, part of Mahindra Group, an Indian company, with American headquarters in Plano TX.
Literally these ten companies are served by more than one thousand “consultancies” directly. That is, just over 1,000 "consultancies" list one or more of the above companies as the SECONDARY_ENTITY_BUSINESS_NAME in their LCA flings. What this means is that by using more than 1,000 other companies to front for them, the top ten “India Focused” personnel companies are able to increase their chances of Visa lottery winning, by three orders of magnitude, while at the same time obscuring the discovery of their fraud by the same factor.
This is deliberate and intentional, and there is evidence to suggest that these "consultancies" that act as Visa peddlers, were all funded by the larger IT Vendors for the purpose of exponentially increasing the number of LCAs they can file.
Ultimately, all of this activity is coordinated through a professional association known as the ITServe Alliance, and is assisted by organizations like the South Asian Bar Association, of which This District's Court of Appeals' Chief Judge is a member.
The H1B Visa program has been implemented as such, by the executive branch, as a matter of Policy and Custom of the USCIS. It can be re-implemented differently, or un-implemented entirely.
The totality of circumstances described supra means that some number of LCAs contain wholly false attestations, and based on analysis of LCA Disclosure Data, attached as Exhibits, that number appears prohibitively large. This means some number of Visas were actually issued to persons based on a wholly false LCA, and that those persons are illegally in America now, or on their way to be here illegally since the most recent lottery. Because the H1B Visa Program is replete with such gross fraud and cheating by Visa sponsors, false pretenses by Visa sponsors, employment law violations by Visa sponsors, and acts by Visa sponsors that are predicate acts of Racketeer Influenced Corrupt Organizations, Petitioner alleges the following counts against respondents, and requests the following relief from this Court:
