Millions of business travelers from across the globe come to the United States every year to attend conferences or negotiate deals. Most of them come and go legally, using business visitor visas issued by the State Department. But a recent investigation by Dan Rather Reports revealed allegations of visa fraud by corporations that are using these visitor visas not to conduct business, but to import foreign laborers to do work -- work that could and should be done by Americans.
In the world of high-tech, misuse of the visas has been an open secret for years, veterans of the information technology industry told us. But last month, the grumblings that had long been relegated to employee lounges and Internet message boards were suddenly laid out in open court. The complaint reads like a John Grisham novel, detailing schemes, cover-ups and fraud allegedly surrounding a systematic effort to import workers from India.
The lawsuit was filed in Lowndes County, Alabama, by a computer executive named Jack Palmer. The target of the suit is Palmer's employer, an I.T. giant called Infosys Technologies based in Bangalore, India. The crown jewel of India's hi-tech outsourcing industry, Infosys started out in 1981 with seven people. Now it has more than 120,000 employees who provide back office labor and computer consulting for U.S. companies like Wal-Mart, Goldman Sachs, American Express -- and curiously enough, even the software paragon Microsoft.
The vast majority of the work is done offshore, but Infosys also has more than 10,000 people based in the U.S., most of whom are sent from India to provide on-site staffing at client offices on a temporary basis. Palmer's lawsuit alleges that Infosys is using visitor visas -- known as B-1 business visas -- to send Indian workers to staff projects at U.S. clients in "direct violation" of U.S. immigration, laws.
Palmer declined to speak to us directly because according to his attorney, Kenny Mendelsohn, Palmer continues to be a loyal Infosys employee despite suffering retaliation since he filed an internal whistleblower complaint last fall.
"There are a serious number of people over here basically doing work on illegal visas," Mendelsohn said in an interview with Dan Rather Reports. "This is not just an individual who accidentally applies for and gets the wrong visa. This was a decision made by the company, higher-ranking company officials discussed it."
In order to get a B-1 visa, foreigners must file an application with a U.S. consulate and provide supporting documentation. That typically involves a letter of invitation detailing the length and purpose of the trip, which cannot include full-time work.
But Mendelsohn provided internal documents that he says help prove the company was flouting visa rules. For example, he gave us a list of "Do's and and Don'ts" for using B-1 visas that he says was posted on Infosys' internal website, which includes tips such as :
Most troubling, he said, is this advice:
Mendelsohn says Infosys was also requesting its clients and employees in the U.S. help obtain B-1 visas, by asking them to sign false letters of invitation for the U.S. consulate.
For example, he says Palmer was asked to sign a letter inviting an Infosys employee from India to attend "business meeting and workshops" where he would be "making a presentation on quality assurance." His trip, according to the letter, was expected to last two weeks.
But that Infosys employee was actually coming to staff Palmer's project at a client office in Chicago and "planned to stay for 6 weeks as per the project plan," Mendelsohn said, pointing to what he says is an email exchange among Infosys managers.
We wanted to verify and discuss the allegations and documents with Infosys, but the company declined our request for an interview or to comment on the material we obtained. They did provide this statement:
"We are aware of the law suit filed in Alabama by an employee. We believe in conducting our business with integrity. As a result, we take these allegations seriously and are investigating them thoroughly."
But the B-1 visa is just one part of a much bigger problem, according to I.T. worker activists like Donna Conroy, the founder of grassroots advocacy group in Chicago called Bright Future Jobs.
Conroy says corporations are using an alphabet soup of visas that, in essence, enable them to discriminate against American workers. The most longstanding problems, she says, stem from the so-called guest worker visas, such as the H1-B visa and the L-1 visa, which allow companies to import skilled foreign workers in specialty occupations to fill jobs in the United States.
Conroy showed us several job posting websites in India with dozens of ads -- some from U.S.-based companies -- recruiting people with one of these visas to come to the United States to work. Much of what she showed us was perfectly legal.
"It's legal to displace Americans," Conroy said. "It's legal to recruit abroad, to fill a job opening that is already being done by a highly-skilled, talented American and then have them train their foreign replacement, and then fire them."
Conroy's group is fighting back against what they believe is corporate America's misuse of visas to undermine American workers. They recently launched a website that they hope will spur a digital civil rights struggle based on the lunch counter sit-ins of the 1960s. The goal: flood the companies recruiting foreign workers with qualified American applicants.
Time will tell whether the high-tech world is suffering from a true shortage of domestic talent or a new strain of discrimination.
We plan to continue investigating these visa issues. If you have had relevant experiences or documentation, please contact us viewer@hd.net. Or you can join the discussion on our Facebook page.
Dan Rather Reports airs Tuesdays on HDNet at 8 p.m. and 11 p.m. ET.
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o The Export-Imp
o The Overseas Private Investment Corp, a little-kno
1. Graduate high-schoo
2. President encourages higher education. Borrow 100K. Get college degree.
3. Spend a year or two looking for work. Camp out on friends sofa. Accept low paying job just to eat.
4. Get sued for unpaid student loans. Attempt to get rid of it in bankruptcy
5. Get 2nd and 3rd job low-paying jobs so you can eat and pay down student loan.
6. Finally get enough to contribute a modest amount to 401k plan.
7. Nearing retirement
and high-frequ
so Republican
8. Next, Republican
9. Getting older, need medical care but can't afford insurance. Republican
10. Wash, rinse repeat for your children if you decide to have them given our new reality.
Will America become the most civilized ghetto on the planet?
Like my son said to me when he dropped out of high school: Schools train you to make others rich. Why should I take on 100K in debt that can't be written off in bankruptcy when my job is outsourced like yours was mom?
FYI, I have 2-degrees because I've had to change careers twice. I'd be a monkey's uncle if returned to college to pay for a third only to see that outsourced too. I'd love to see my son attend college, but he considers it a waste of time and money.
Complainin
"If it's not written, it's not real"
http://noi
Wachovia's Drug Habit - Bloomberg.
"...The bank didn’t react quickly enough to the prosecutor
Five days later, Wells Fargo promised in a Miami federal courtroom to revamp its detection systems. Wachovia’s new owner paid $160 million in fines and penalties, less than 2 percent of its $12.3 billion profit in 2009.
[snip]
‘No Capacity to Regulate’
Large banks are protected from indictment
Indicting a big bank could trigger a mad dash by investors to dump shares and cause panic in financial markets, says Jack Blum, a U.S. Senate investigat
The theory is like a get-out-of
“There’s no capacity to regulate or punish them because they’re too big to be threatened with failure,” Blum says. “They seem to be willing to do anything that improves their bottom line, until they’re caught...”
http://tra
Visas for Mexican and Canadian NAFTA Profession
"...Requir
Canadian citizens usually do not need a visa as a NAFTA Profession
Obama was elected for the expressed purpose of rebuilding our economy. I wonder if he knows that the average American thinks he's a clone, or stand in, for the real Obama who enjoyed everyones praise. I dont know why he doesn't care about his name? Its so frightenin
I can bet Bet my life savings that it is 10 times more difficult for a foreign worker to find a job than an american citizen. As a foreign national i tried finding jobs for more than most people here have, and i know the ground realities.
Yes what infosys did is wrong, but I dont believe its only infosys, I worked with 4 of the Top 6 Consulting firms in thr US(US based) all of them do it, also, I dont think the peple who came in with a B visa just took the Job of a US national , i dont believe its a full time job, i believe its a temp job(someth
These are jobs that could be offered here, but aren't, why else are the job postings abroad? And, this is not a recent occurrence - as someone else here said, it's been going on for years, but the only attention it's received has been to spread the false notion that Americans are not skilled and companies have to search overseas to get the right labor. BAH, I say.
what I experience
2) The video showed more than you say, you are skipping Donna Conroy in the video, that actually is one of the HP commenters here today, go to the last 2 pages. Donna showed that B-1 is being openly advertised for jobs in India. That is illegal
3) Why do you always ask everyone else to find you data, your 1st sentence? Why don't you find the data and prove people to be aloof, unaware, uninformed
4) Just a couple weeks ago you were still in college, now you have a different curriculum vitae
Seems to change by the week. What are you going to be next week?
5) I thought you said that B-1 visas should not be considered part of the foreign-bo
I told you that was incorrect on your part, but as usual you are the one looking down on everybody else...
6) Your bets and experience run contrary to everyone else, the video, Dan Rather, and a great deal of intormatio
7) "I worked with 4 of the Top 6 Consulting firms in thr US(US based)" you wrote
Yeah right ! Next you will be stating that you worked for USCIS, formerly INS before as well.
You are a legend in your own mind
8) And you missed the point in the video, nobody is properly verifing how long a B-1 is actually staying in the USA because of the deceptions that have been occurring. The instructio
CRIMINALS. Uisng our military contract dollars, otherwise known as TAX DOLLARS, to create comfortabl
The DOL really needs to stop this, as it is wrong on so many levels.
They pay the U.S. workers more than they could get elsewhere in our markets and it is understood you are being paid to keep your mouth shut.
The company benefit plans were regulated in Great Britian and one worker caught the company defrauding employees across the board, three times. He was fired the third time he brought it to everyones attention.
WE MUST CHANGE A LOT OF THINGS IN THIS COUNTRY!
Most Americans could care less about them
PWC, KPMG, did not start out as an American company, nor do they act like one today
Price was England
KPMG was the Netherland
PWC, KPMG, Deloitte, ENY, are LLC partnershi
They are legally structured across the globe in such a manner that they are not American, they are more of a Global Private Corporatio
2) Accenture spent a decade listing their HQ within a foreign island off the coast of the USA, claiming this to avoid taxes. They have hardly behaved as an American company should. Accenture is one of the primary BPO problems of the USA, they are no better than Wipro or Infosys or GenPact
Most Americans have lost jobs because of Accenture, and not gained jobs.
Most Americans would be better off if Accenture went bankrupt
3) Accenture should pay a penalty for their off shore tax shelter decade long scheme
4) In terms of the others, considerin
You would look out for Accenture, IBM, Deloitte, KPMG, PWC, ENY, they like foreign national cheap labor just like you. Since you are not American, you go there, the rest of us will soon find a means to do a work around them, just like IBM lost to Dell, HP, Microsoft, Apple, etc.
Did you know?
Top Five Occupation Codes Requested on H-1B Petitions, FY 2000 through 2005
----------
Occupation
1] Occupation
2] Occupation
3] Accountant
4] Electrical
5] Other Computer-R
Source: GAO analysis of Department of Homeland Security data
PDFpg49
http://www
Exactly what will it take for you realize that those things that allowed this nation to become a great power is being lost?.....
It would take a "Pearl Harbor" event to make the majority of voters to become aware of the issues that are impacting them now, and in the future.