OFLC is pleased to announce that the Office of Management and Budget (OMB) has approved the Department’s request to update the Appendix A in two ways: (1) to reflect new regulatory requirements contained in the 2015 H-2A Herder Final Rule; and (2) to simplify the H-2A process for employers submitting this document alongside their I-129 petitions to the United States Citizenship and Immigration Services (USCIS). This approval came as part of the Department’s 3-year extension of the Form ETA-9142A and Appendix A. The remainder of the data collected on the Form ETA-9142A remains unchanged.
When filing an H-2A application on the Form ETA-9142A, an employer is required to submit a signed and dated copy of the Appendix A, which contains the requisite program assurances and obligations. Prior to this announcement, where the OFLC granted a temporary labor certification application, the Chicago National Processing Center (NPC) sent the employer a certified H-2A application containing a second copy of the Appendix A issued on “blue security paper.” The employer and its authorized attorney or agent were each then required to sign and date this second copy of Appendix A again and then submit it to the USCIS.
The Department’s new Form will make it unnecessary to sign and submit a second copy of the Appendix A. An employer will now only need to sign and date the Appendix A once at the time of filing the H-2A application and retain the original in its administrative file. Then, where the OFLC grants a temporary labor certification, the Chicago NPC will send a certified H-2A application and a Final Determination letter to the employer by means normally assuring next day delivery, including electronic mail, and a copy, if applicable, to the employer’s authorized attorney or agent. The employer and its authorized attorney or agent will be instructed to complete three steps:
Step 1 Complete the newly modified footer on each page of the original Appendix A (retained in its administrative file), adding the case number, status, and period of employment from the certified Form ETA-9142A; Step 2 Retain the original Appendix A along with a copy of the certified Form ETA-9142A, as required by 20 CFR 655.167; and Step 3 Submit signed and dated copy of the Appendix A, together with the original certified Form ETA-9142A issued by the OFLC, directly to the USCIS.
This change will save employers and their agents or attorneys from mailing each other paper forms to sign them a second time – which is effectively required under the current form.
- Employers with either a currently pending H-2A application or those who file a new H-2A application prior to June 15, 2016, containing the previous Appendix A will be provided with a copy of the revised Appendix A at the time the Chicago NPC grants a temporary labor certification. They will also receive instructions from the Chicago NPC regarding how to complete the revised Appendix A for submission to the USCIS.
- On or after June 15, 2016, employers or their authorized representatives filing a new H-2A application must submit a signed and dated copy of the revised Appendix A containing the program assurances and obligations that comply with the 2010 H-2A Final Rule and 2015 H-2A Herder Final Rule. Otherwise, the Chicago NPC will issue either a Minor Deficiency Email or a Notice of Deficiency requesting that the employer provide a signed and dated copy of the revised Appendix A.
To obtain a copy of the revised Appendix A, please click here.
To obtain a copy of the Form ETA-9142 and general instructions, please click here.
The U.S. had last year doubled the application and renewal fees for firms looking to obtain the skilled-worker, or H1-B, visas to $4,000 and L-1 visa-used by professionals with specialized skills to transfer to the U.S. within a company– to $4,500. The new fee structure, applicable on companies that employ more than 50 people and have more than half of their staff on H-1B or L-1 visas, deals a blow to India’s top IT companies, which are some of the highest users of these permits.
Top Indian software companies send thousands of engineers and programmers to the U.S.-a market that accounts for a bulk of the industry’s revenue — on these visas to work on the projects of clients.
Every year, the U.S. issues 65,000 H1-B visas and an additional 20,000 for those with advanced degrees. In the last few years, the demand for these visas far exceeded supply, forcing the immigration agency to randomly select applications based on a lottery system.
To circumvent the unpredictability of a lottery system that leaves the business prospects to chance, most Indian firms use L-1 visas. More than half of the applications for L-1 visas from Indian companies get rejected, say industry executives and analysts.
The high rate of rejection comes, as the U.S. looks to rein in on the companies that are relying heavily on foreign workers, than hire locally. For long, Indian outsourcing companies have been perceived as job stealers in America. Job displacement and immigration are some of the hottest topics of debate in the U.S. presidential election due later this year.
Most Indian companies are setting up software development centers in the U.S. and have stepped up efforts to hire locals to skirt the visa issues. In April, Wipro said it is setting up a development center in Mountain View, California, and in two other cities in the U.S.
From Kumar, we hear the following.
H1B VISA Fee hike is not an issue for big companies, they will bill to client and Indian Incs will bill it to candidates.
As per USCIS, taking money or giving money of $10,000 H1B fee is illegal and crime.
You do not find single Indian Incs who is doing this h1b filing without charging money. (this happens for two reasons:1 no demand and supply is more or employees demand visa but not employers demand visa 2. Indian Incs blood is corrupted.) An open secret every one knows it but America is helpless. They do not have enough force to shutdown Indian Mafia here who hijacked IT market and violating all USCIS rules.H1B workers salary is paid in compliance with the Labor Condition Application (LCA) approved by the US Department of Labor (DOL). The DOL determines the prevailing wages of the H1B worker as per the work title and location. Employer must pay the salary as per LCA. Employers always ensure they run the payroll for H1B worker as per the LCA. Hence no violation of H1B rules. However, the billing rate paid by the client, layers and their margins makes big difference.Indian companies employees offline complain that their employers do not pay OT. OT means time and half.
Indian Incs of,coruse take OT as their own property.
America’s Delta Apparel has announced that it is closing its textile facility in Maiden, North Carolina, and the move will result in the layoff of 159 workers there.
The company will move production to a plant in Honduras and might outsource additional fabric in Mexico, Delta said in a recent Worker Adjustment and Retraining Notification Act (WARN) notice. Under federal law, companies must file WARN notices when they make mass layoffs, close plants and change ownership, the Charlotte Observer has reported.
The plant at 100 W. Pine St., in Maiden, about 38 miles northwest of uptown Charlotte, will begin closing July 9, Delta said.
“During the past several years weak economic conditions have had a significant impact on the entire apparel industry,” Delta said in the WARN. “After careful consideration, we have determined that it is too costly to modernize and continue textile manufacturing in Maiden.”
Delta said that as other apparel companies have done, it has been evaluating all investments it’s made to improve business and lower costs. As a result, it’s reorganized and consolidated many functions across its business, the company added.
Fraud, fraud, and more fraud.
As Gomer Pyle would say:
But those companies either did not exist or never were intended to employ the foreign workers, according to the indictment. Between 2012 and 2013, DS Soft Tech and Equinett submitted 22 petitions signed under penalty of perjury for H-1B workers to be placed at a company called SemSolar, Inc., operated by Kondamoori, the indictment states.
Although the petitions and supporting documents said the foreign workers would be placed at SemSolar to work on a specific software product, the defendants knew the company was not working on that product and did not intend to place any of the H-1B workers there, according to the government.
Between 2010 and 2014, the defendants’ companies submitted more than 100 additional fraudulent petitions for foreign workers to be placed at other purported companies, according to the indictment. Through their ownership, direction and control of DS Soft Tech and Equinett, the Guntipallys generated net profits of approximately $3.3 million and gross profits of approximately $17 million from 2010 to 2014, the indictment said.
Been fighting it for years.
Crapweasels like these folks flat out saying if you have more than 10 years experience, we will disqualify you and blacklist you.
Yeah, if you weren’t an anonymous ankle biter, I would blacklist YOU alright.
Found this one via the following link.
It doesn’t matter if you are working in America’s best paying jobs, or in America’s worst paying jobs.
When our Senators and Congressmen advocate importing NON IMMIGRANT Guest Workers using Hunting Licenses that they will issue to take your job from you, they have betrayed their fellow countrymen and women and it doesn’t get any sorrier than that.
“We’re not prepared to talk about H-2B until we get closer to the markup,” Senator Barbara Mikulski of Maryland told Morning Consult, which reports that the expansionists hope to avoid a floor vote (and public debate) by attaching the provision to a must-pass Department of Homeland Security spending bill.
A floor debate could catch the media’s attention. And media attention to the H-2B program has not been kind to expansionists lately. Mikulski, a long-time champion of the H-2B program, received some bad local press from the City Paper during last year’s H-2B expansion push:
“H-2B workers — many of them from Latin America — are brought to the U.S. by employers to work as nannies, housekeepers, landscapers, and to pick crabmeat on Maryland’s Eastern Shore, among other jobs. Mikulski’s bill would erase regulations enacted last spring because of pressure from these workers themselves—Latina women, in many cases. The senator was explicit about her desire for lower wages in an Oct. 27 letter she and 15 other senators sent to Labor Secretary Thomas Perez
“‘We want to ensure that employers who rely on the H-2B program are not forced to pay artificially-inflated wages that drive up costs to the point of putting them out of business,’ she wrote.”
“The regulations Mikulski is trying to erase require employers to pay their workers’ costs to get to the American job, and that they pay a “prevailing wage” to the foreign workers that is not lower than what they’d pay comparably skilled Americans.”
Like all guest worker programs, lower labor costs are a feature of the H-2B program.
“Around the country, lawyers and labor brokers actively promote the H-2 program as a way to boost profit margins,” reports Jessica Garrison of BuzzFeed News. “The H-2 program dates all the way back to 1952, and employers have been coming up with ways to game the system for almost as long.”
If you think “game the system” implies corruption and fraud, you’re right. Cases of fraud and abuse have been well documented by the Government Accountability Office. In “Guest worker program used as gateway for labor abuse, trafficking,” Alex Devoid of Arizona Sonora News reports:
- “H-2B workers are historically the least protected, according to the Southern Poverty Law Center, or SPLC.”
- “Effective governmental oversight of the H-2B program is extremely lacking, according to the ACLU.”
- “Visa petitioners engage in pervasive visa fraud, as documented by the GAO.”
Secretary Perez’s Department of Labor is more likely to respond to Sen. Mikulski’s concerns than to those of the groups quoted in Devoid’s story. According to a scathing reportfrom BuzzFeed News, the Department of Labor cares more about collecting fees through the H-2 programs than protecting guest workers or Americans displaced by the program:
“Repeated government audits have found that the Labor Department suffers from an ‘inability to consider debarment’ for the most serious violators. Records and interviews show that the agency has blocked its own staffers from even trying to find out whether companies are breaking the law, and that sometimes it ignores its own investigators when they suggest that abusive employers be debarred.”
The abuses are widespread:
“…employers frequently exploit foreign H-2 workers, stealing their wages, housing them in squalid conditions, and even endangering their lives. At the same time, many companies use the program to avoid hiring qualified Americans, who by law are are supposed to get first crack at those jobs.”
These practices survive in the shadows. The alphabet soup of guest worker programs and regulations don’t translate into concise, easily-digestible news stories the way that debates over legalization, a border wall, or deportations sometimes can. BuzzFeed‘s award-winning series on the H-2 programs is long-form investigative journalism that few mainstream immigration reporters are free to practice. And yet we’ve seen with the Disney H-1B scandal how the mainstream media can shine a light on abusive guest-worker programs and push the issue to the forefront of a presidential election.
Opportunity to be all that they can be is all that the World wants.
Yet in the land of opportunity, Tribune Publishing is destroying that very opportunity?
For Tribune and McClatchy reporters and editorial writers, the actions of their parent companies to offshore jobs may complicate coverage. Businesses turning to offshore outsourcing may now be able to throw any criticism back in the faces of these publications: “But you are doing it, too.”
Tribune Publishing employed 7,165 full- and part-time employes at the end of 2015.
IT employees at Tribune Publishing say they received warning of the outsourcing late last year. In April, they were told that over an 18-month period, Tribune would be moving to information technology outsourcing across its business, according to employees contacted.
Some employees were offered a “transition bonus” to help with the transfer of work to the contractors. The layoffs are expected to occur over the summer and into the fall. Some employees will be offered jobs with Tata.
It was not clear whether Tata is using H-1B workers on site. In-person training is just beginning, but it has been standard practice in this industry to use some visa workers. Employees reported training replacements via Web sessions with India-based staff.
In response to a query from Computerworld, a Tribune Publishing spokesperson emailed this statement about the outsourcing: “We have made the strategic decision to outsource key functions of our legacy information technology department to create a more agile operating environment and to drive our overall business transformation. This decision will allow us to better serve our customers, improve our systems and capabilities and create more opportunity for innovation. We thank all of our dedicated employees for their commitment to a seamless transition.”
The law enforcement effort today resulted in the arrest of 12 people in the Houston area – Salem Fahed Tannous, 55, Omar Maher Alnasser, 36, Ali Shaker Tafesh, 35, Khalil Munier Khalil, 40, Nagy Mahmoud Ali, 59, Mohammed Rafat Taha, 27, and Steve Shafiq Amira, 58, all of Houston; Muhammad Shariq Siddiqi, 45, Ayisha Khurram, 40, and Sayed Ali, 41, all of Sugar Land; Abdalnour Izz, 31, of Missouri City; and Hazim Hisham Qadus, 31, of South Houston.
Khader Fahed Tanous, 49, of Stephens City, Virginia, and Frank Muratalla, 23, of Hawthorne, California, are also charged.
Authorities are still seeking Ziad Mahmoud Alsalameh, 56, of Pearland, Texas, and Aqil Khader, 33, of Houston. They are considered fugitives and warrants remain outstanding for their arrests. Anyone with information about their whereabouts are asked to contact DEA at 713-693-3000.
The Office Assistant performs a variety of clerical and administrative activities to support the Thermaltake products sales staff. The Office Assistant is responsible for ensuring the smooth flow of information and follow up for existing and prospective customers.
Position: Office Assistant
The Office Assistant’s primary duties include but are not limited to:
– the part of Customer service to handle end user return and replacement
– Processing Corporate RMA and dispute the difference
– Negotiate the return difference with the customers
– Freight carrier disputes and track
– Manage all RMA documents.
– 2 or 4 year college graduate preferred.
– The company may sponsor for H1B depends on the performance.
– Bilingual in English and Chinese is must
– Excellent telephone skills and computer knowledge with proficiency in database management and word processing.
– Demonstrated proficiency composing written communications.
– High energy level, comfortable performing multifaceted projects in conjunction with day to-day activities.
– Resourceful, well organized, highly dependable, efficient and detail oriented. \
When scumbags are promoted to executive management you get crap like this…
The suit claims Orlov immediately “created a hostile work environment” after joining RAPP and “demonstrated through his comments and actions that he harbored discriminatory animus against women and various racial and ethnic groups.”
Specifically, Andersen claims he witnessed Orlov referring to unnamed women as “fat cows” on “several occasions” and that the CEO once chided a Jewish employee for being “miserly with money.” According to the suit, Orlov also pressured an employee working on the agency’s Pfizer account to acquire Viagra for him without a prescription, claiming he needed the drug “because he has a young wife.” Andersen claims that he then reported the incident to the managing director of RAPP New York.
Orlov also allegedly declined to promote an unnamed female executive whom Andersen was “grooming” for a leadership position, stating that she was “too pretty” to be taken seriously.
According to the suit, Orlov dismissed a claim of sexual harassment against another RAPP leader. Andersen witnessed a “drunk” executive speculate “loudly” that an unnamed female employee was not wearing underwear, the suit states. When Andersen reported the violation to Orlov, he allegedly responded with an email reading, “I do not want to see this man’s demise.” The executive in question remains a RAPP employee.
The filing claims that many RAPP employees were fearful of Orlov, who was known as “vindictive” and allegedly told approximately 70 people at a meeting in the agency’s Dallas office, “Mess with my brand or my direction and I will break off your finger and shove it up your ass.”
Nonetheless, Andersen allegedly encouraged other staff members to file complaints about Orlov’s behavior, facilitated an investigation by human resources and the agency’s legal department and eventually lost his job for speaking out.
Andersen also claims that his age may have played a role in Orlov’s decision to fire him, noting that he heard the CEO state that he “did not want [his] company filled with people in their forties or fifties” in front of Doud and other agency leaders on “several occasions.”