January 15, 2010

NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT?

The Requests For Evidence hurled against IT consulting firms after they filed H-1B visa, then the raves and rants of Senator Grassley against allegedly abusive IT firms, followed by the BusinessWeek article on job shops giving prime time to the rabidly anti-immigrant Programmers Guild, along with attacks on the H-1B program by even our own allies at labor organizations, where even sophisticated IT firms are pejoratively called "body shops," have all been code for keeping the Indians out. See H-1B BIGOTRY, http://tiny.cc/KN180 .

And now the latest USCIS Memo by Donald Neufeld dated January 8, 2010 (Neufeld Memo), http://tiny.cc/z3ZU8 , which in one sudden swoop, and in violation of the public notice and comment procedures of the Administrative Procedure Act, guts the ability of IT consulting firms to file H-1B visas, is again a thinly veiled attempt to kill a successful Indian business model that American businesses have so readily embraced.

It is then no surprise that the outrageous singling out of Indians since the New Year waiting in the line at Newark and other airports by CBP officials is the result of the Neufeld Memo that may have filtered through CBP officialdom but not the public until January 13, 2010. On one fateful day, January 11, 2010, when Continental Airlines Flight 49 landed in Newark from Mumbai, India, we know that CBP officer Matt McGirr and his colleagues, hunted through the lines for Indian H-1B workers even before they showed up for primary inspection. Their minds were made up. No detailed questions were asked. The moment they found Indian H-1B workers who uttered that they were working at a client site in the IT field, their fates were sealed. They were subjected to expedited removal orders and sent back to India. Some were luckier and escaped the ER order, but still had to withdraw their applications for admission to the U.S. Nevertheless, they were all coerced into making statements under threat of being detained. CBP officials also made remarks as to why the H-1B workers, singled out for deportation, earned more than U.S. workers and should not be paid so much. The consequence of expedited removal is a 5 year bar from entering the U.S. It is hoped that higher and saner officials within CBP will realize that these ER orders were unwarranted and trampled upon the civil rights of Indian workers, erase them and allow them to continue to contribute their skills and expertise, which in turn benefit U.S. corporations.

But the damage will continue through this Neufeld Memo, which takes aim at mainly Indian H-1B IT workers at third-party client worksites. Essentially, the Neufeld Memo insists that there must be an employer-employee relationship at all times throughout the requested period of H-1B employment. The employer, according to the Neufeld Memo, must be able to establish the right to control over when, where, and how the H-1B worker performs the job, and the USCIS will consider the following in determining whether there is an employer-employee relationship, notwithstanding the fact that the IT consulting firm hired the individual and is on its payroll:

1) Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
2) If the supervision is off-site, how does the petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
3) Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
4) Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
5) Does the petitioner hire, pay, and have the ability to fire the beneficiary?
6) Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
7) Does the petitioner claim the beneficiary for tax purposes?
8) Does the petitioner provide the beneficiary any employee benefits?
9) Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
10) Does the beneficiary produce an end-product that is directly linked to the petitioner’s line of business?
11) Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is accomplished?

Under these criteria, an IT consulting firm, which does not have its own proprietary software, and which the H-1B worker will implement for a client under supervsion from the IT firm, will most likely be doomed when it files an H-1B visa. Indeed, the Neufeld Memo cites the example of a third party placement where “the beneficiary reports to a manager who works for the third-party company. The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company. The petitioner does not control how the beneficiary will complete daily tasks, and no proprietary information of the petitioner is used by the beneficiary to complete any work assignments.” Such an H-1B will fail since the petitioner, according to the Memo, has no right of control over the beneficiary. And even when such an IT company can demonstrate a right of control over its employee (even if the day to day assignments are overseen by the client), the USCIS will rely on the Neufeld Memo, which will give it sufficient leeway to deny the H-1B petition. In the recent past, it was necessary to show a link between the petitioner and the client company. Now the Neufeld Memo wants more – this esoteric right of control, and this will be impossible in the context of an IT consulting firm, which may not have its own proprietary product or methodology.


The USCIS cannot make law through a memo, which CBP officials have also started relying upon at airports to deport Indian H-1B workers in the IT industry. Clearly, the free market economy, which the U.S. hopefully still espouses, has recognized the value that these Indian IT consulting firms bring to U.S. business, and in turn, to the U.S. consumer. There is already a vigorous process in place that scrutinizes H-1B requests, and a de facto re-adjudication procedure when the worker requests an H-1B visa at a U.S. consulate in India. We do not need another restrictive memo, which will kill the spirit of innovation and entrepreneurship, which also brings with it expertise, that the U.S. so vitally needs. Indeed, there is a lot more in the Neufeld Memo that is troubling, such as the inability of a petitioning entity that is owned by the beneficiary to sponsor him or her. This aspect of the Memo also contravenes long established principles that a corporate entity is a separate legal entity and can sponsor a beneficiary for an H-1B visa. See USCIS GRAPPLING WITH THE RIGHT OF A CORPORATION TO PETITION FOR ITS OWNER FOR AN H-1B VISA, http://tiny.cc/OwSOX . This too will kill innovation and enterprise. Don’t we want more folks to come here to start another Google? I am not sure the officials at Department of Homeland Security get it. DHS' mission is to ensure national security and not to promote economic dynamism and make the U.S. the most attractive destination in the world for the hardworking, creative and innovative.

44 comments:

  1. How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.

    ReplyDelete
  2. Ok..if it’s illegal what’s the possibility of filing a law suit.


    Please join and share your view here

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1024949-h1b-descrimination-fighting-it-legally.html#post1374136

    ReplyDelete
  3. This comment has been removed by the author.

    ReplyDelete
  4. Well, instead of talking about the rights and laws, lets talk about ethics here. It is a well known fact that the IT companies (not the true IT companies) are mostly body shopping companies in disguise, they prepare fake pay stubs, fake resumes, and use that to process H1-B visa, greencard, and even to find a job. How/why should the government standby and watch this non-sense.
    Lets face the truth here, we are used to manupulating the system in India, and many of the so called IT firms are doing exactly the same in US, it is about time that someone did something about it.
    How many people have lost jobs because of such practices, this country welcomes us with open hands for our talent, and if we are honest we should embrace the system, compete against the locals in a fair fight, not try to steal their jobs with fake documents.
    How many of us are waiting for the visa numbers and dates to be current to get our greencards, will we be waiting for such a long time if everyone applied with no fake documents at all.
    Please, think before crying foul, Indians are the ones who are exploiting the system here.

    ReplyDelete
  5. I personally can quote names of people who have exploited the system like that, if CBP, or USCIS, or ICE or any other organizations asks me, I will be more than glad to give them names of people with fake documents

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  6. Agree with Rental guide... Some of the responses on the top seem to be from the fatcat consulting company owners or their sidekicks who work for them...

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  7. This comment has been removed by the author.

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  8. There is no reason to worry about anything in this world. All the rules are man created not the god created. We have no option, we have to live according to the rules by man. This world belongs to everyone to live as well the rules by man. My dear friends please do not worry anything that happens because one day we all have to die so dont worry about anything if you are not worried about your death.

    ReplyDelete
  9. I agree with the fact that there are a few people that abuse the system and Many others get affected. I personally also know a few people who have securred jobs with fake resumes and have applied for GC's.
    These guys should definately be banned from entering and their h1b visas should be re-alloted to genuine taleted people who can make us Indians proud.

    ReplyDelete
  10. This is preposterous. What happens to people working in Oracle Consulting. All employees whether H1B or not are placed at the client place. How this is going to work...This is just bullshit and this shows how senators understand work. They are still thinking about IT companies as Detroit car plants.

    ReplyDelete
  11. redcat asked "How else is a consulting company supposed to work - if they do not send their consultants to client site?"

    RESPONSE: Consulting companies that bodyshop their work don't have direct need for H-1b workers, so they are suppose to hire U.S. workers rather than sponsor H-1b. In the current economy there are plenty of American programmers - and American consulting firms - that need the work. Thank you USCIS.

    - Kim Berry / Programmers Guild

    ReplyDelete
  12. why were they given visa, after overnight flight making someone fly back seems inhuman, if they are illegal determine it when giving visa.

    ReplyDelete
  13. GuildY Prez Kim Berry: In the current economy there are plenty of American programmers - and American consulting firms - that need the work."

    Check pages 6 and 5 of comments at [1] and page 2 of comments at [2].

    Check [3] for Kim Berry.


    [1] The Other Immigrants
    Low quotas, long lines hurt U.S. competition for human capital.
    WSJ Editorial, Nov 18 2009
    http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html
    [2] Send Us Your Tired, Your Poor, But Only if They're 'Culturally Unique'
    Immigration Caseworker AA0089 Has Some Thoughts About What Is Art
    By MIRIAM JORDAN | WSJ, Dec 10 2009
    http://online.wsj.com/article/SB126040747425984693.html
    [3] http://discuss.pcmag.com/forums/permalink/1004406735/1004406735/ShowThread.aspx#1004406735

    ReplyDelete
  14. If Indian Union (states) had been divided into 30 countries just after independence, there would have been no problem with per country quota limits on GC. :-)

    Divide and rule would have been advantageous ;-)

    ReplyDelete
  15. It seems by denying a few hundred thousand H1B people, they are making room for 12 million illegal workers that they promised to provide citizenship after the 2008 elections ;-)

    ReplyDelete
  16. As far rentals reply , those people with fake documents , are fired the next day if found anywhere near incompetent , the things is most of them are able to sustain there jobs very easily , this itself bring more faces of .. IT in USA and how real US companies with there in house development department operates

    ReplyDelete
  17. rental guide: "I will be more than glad to give them names of people with fake documents."

    USCIS's H-1B Benefit Fraud & Compliance Assessment found fraudulent/forged documents in 4% H-1Bs only.

    On the other hand, 20% US job seekers and employees undergoing background checks exaggerate their educational backgrounds. In a 2004 survey of human-resource professionals, 61% said they "often" or "sometimes" find résumé inaccuracies when vetting prospective hires.

    Ron Hira (Public Policy, Rochester Institute of Technology), Norm Matloff (Computer Science, UC Davis), John Miano (GuildY Founder) and Kim Berry (GuildY Prez) lie everytime they open their mouth (which includes Congressional Testimonies). Harold Salzman (Urban Institute) & B Lindsay Lowell (Georgetown University) lied in their Congressional Testimony (under oath?). grASSley lied on the Senate floor.

    Include this in your presentation to CBP/USCIS/ICE.


    From

    Home is where the brain is
    The only-in-America story of Gaurav Rajani, one of thousands of ambitious, conflicted Indian engineers whose exodus from Silicon Valley could someday turn the Bay Area into the Detroit of high-tech.
    By Benjamin Schrier | San Francisco Magazine, Aug 26 2009
    http://www.sanfranmag.com/story/home-where-brain ... Post on 9/9/2009 6:12:29 pm

    ReplyDelete
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  20. Indians needs to reply these bigots in the same language. kick out these american companies, ge, boeing, p&g, gillete, ford, gm etc and these guys will start licking our asses.

    ReplyDelete
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  23. GuildY Prez Kim Berry [1] follows every blog like a flea on a dog. He recites, with multiple ids, an endless loop of ridiculous, high-decibel rants from the Hira-Matloff hymnal [2, 3, 4, 5]. The vainglorious prevarications, accusations and self-entitlements continue to rotate in and out like baggage on a conveyor belt, even when faced with facts that contradict the mantras [see 1st post].

    Truth doesn't matter. Making noise is what he considers important. There is no more miserable human being than this fixture in whom nothing is habitual but reciting "utter poppycock" 24/7.

    He claims to represent US (Tech) workers when he represents a Union of 20+ American born Garbage(wo)men. Don't generalize your response to all Americans.

    He posts 90+% India, Indian H-1B, Nasscom, Indian outsourcing, ... buffoonery. He also posts as Indian (rental guide) and responds to his own post (as Indian) with a different id (freewarebird). He opens threads at Immigration Voice. His hyperbole and outrage tries to incite populist anger towards "curry".

    He is thuggish, extremely disgusting and completely shameless. This serious wacko, obsessive-compulsive absurdist, is beyond therapy!

    Most blogs let him recycle utter nonsense (somaie) but delete/block befitting rebuttals.

    He camps at BusinessWeek/ComputerWorld where he blogs 50+ posts and is carefully protected: his relationship with Moira Herbst/BW and Patrick Thibodeau/CW is similar to Al Qaeda/Taliban's relationship with Pakistan's ISI. He has written for BW [6 , 7].

    Moira Herbst and Patrick Thibodeau report stories created to shape the "curry" debate. Their line of reasoning is narrowly focused and conceals facts - specially about Kim Berry not representing all Americans. Indicative of desperation, they delete/block posts that reveal facts, but pre-invite [8] Kim Berry hyperbole to catalyze crowds into a conveyor belt of outrage: 90% YouTube-tape-loop-like Hira-Matloff hymnal recitations at BW/CW are by 2+ lickspittles with mutiple ids.

    BW/CW fools everyone into thinking there is a full-scale American curry-revolt underway. They - Dustbin, grASSley, Sanders, Herbst, Thibodeau, Matloff, Hira, Miano, Rob Sanchez, Donna Conroy, Rennie Sawade, ... - are not even a tripwire!

    The Berrys are as worthless as toxic debt from AIG [9, 10] even though Matt Richtel claims that Kim Berry "works at a major technology company" [11]. He has been repeatedly fired. His 24/7 presence at every blog connotes that he works for hate groups and labor unions.

    continued ...

    ReplyDelete
  24. We have met the enemy and it is T-R-A-S-H filled in www.ALIPAC.org, www.BrightFutureJobs.com, www.cis.org, www.FairUS.org, www.NumbersUsa.org|com, www.ProgrammersGuild.org, www.WashTech.org, ... They have no marketable skiils. Yet, they demand a job in a company and salary of their choice JUST BECAUSE they are US born.

    This unionized garbage(wo)men colludes on CIS/DoL memos, CBP actions and Dustbin-grASSley-Sanders bills. This is worst then investigating a train robbery by only talking to the dining car stewards.

    These memos/actions/bills are disguised to protect US (Tech) workers. The shenanigans are trying to resolve the California crisis by rescuing Zimbabwe because improving their employability lies (and lies ... and lies) in narrowing, if possible, their pacific ocean sized skills, attitude and ethics deficit.

    Any memo/action/law will not provide even 1c benefit to these American born completely incompetent Dustbin-grASSley-Herbst-Hira-Sanders-Thibodeau US (Tech) workers. They will not reward losers but punish winners -- exactly the reverse of free-market capitalism.


    P.S. GuildY is an irredeemably shameless Programmers Guild donkeY!
    http://discuss.pcmag.com/forums/permalink/1004423810/1004423810/ShowThread.aspx#1004423810

    [1] http://www.kimberry.com/
    [2] http://www.cis.org/articles/2007/back407transcript.html
    [3] http://discuss.pcmag.com/forums/permalink/1004406736/1004406736/ShowThread.aspx#1004406736
    [4] http://programmersguild.blogspot.com/2008/01/programmers-guild-presents-at-sloan.html
    [5] http://www.jobdestruction.info/ShameH1B/H1BvsGreenCard.htm
    [6] Skilled Workers Deserve True Visa Reform by Kim Berry | BusinessWeek, Aug 6 2007
    http://www.businessweek.com/bwdaily/dnflash/content/aug2007/db2007083_656366.htm
    [7] Work Visas: Let the Market Rule BusinessWeek, Apr 2008
    http://www.businessweek.com/debateroom/archives/2008/06/work_visas_let.html
    [8] http://www.southasiamail.com/news.php?id=45536
    [9] http://www.linkedin.com/in/kimberry
    [10] Congress' H-1b program is displacing daughter of Programmers Guild president out of the job market Sep 11 2009
    http://www.programmersguild.org/docs/stephanie_job_11sept2009.html
    [11] Tech Recruiting Clashes With Immigration Rules By MATT RICHTEL | NYT, Apr 11 2009
    http://www.nytimes.com/2009/04/12/business/12immig.html

    ReplyDelete
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  26. telugu people are spoinling the image of India here in US. They are very corrupt and only know how to cheat. just fake their degree from Fake university in AP and come to US. Look at Satyam 's Raju all telugu people are frauds and scamsters.

    I know so many telugu they are so so DUMB.

    ReplyDelete
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  30. Meatloaf [1]: To make the claim that the anti-H-1B movement is motivated by race is flat-out wrong. People can get really emotional in listservs, some of them to the point of getting paranoid. But even then I don't see racial or xenophobic language emerge, except on occasion.

    Vivek Wadhwa [1]: In the past two months, Kauffman Foundation has published two of my reports outlining how US immigration policy is chasing away talented foreigners who had previously served as a backbone for US science innovation. I have received more than 1,000 e-mails attacking me for my views and disparaging my race and heritage. Some have threatened to do me harm.

    Answers [2]: It is shocking to read the horrible messages posted here. I wonder if this is Kim Berry repeating this over and over again or if there are many really sick people [M Sadiq Ali] who have nothing better to do. [3]

    Sandra Morris [4]: Why are these boards always filled with garbage remarks by racists? It seems to me that these people have nothing better than to troll reader feedback sections and complain about their getting left behind. Most likely this happened because these people were bitter and incompetent.

    They are Dustbin-grA S Sley-Herbst-Hira-Sanders-Thibodeau US (Tech) workers [5, 6]: 55-year-old computer systems administrator with 25 years experience who found a job (in Apr 2008 [1st url in post on Jan 25 2010 12:57 PM]) after a four-year search [7].

    GuildY Prez Kim Berry [8]: We have many members, BS, MS, PhD, with many years of experience, sending out hundreds of resumes, and unable to find full time employment (on Oct 17 2007 [1st url in post on Jan 25 2010 12:57 PM]).

    Dustbin-grA S Sley-Sanders should be required to post publicly verifiable cold, hard facts about their US (Tech) workers [9]. They should explain why their US (Tech) workers will benefit in the absence of F/H/Ls when their protectionist theory is desperately in search of data [1st url in post on Jan 25 2010 12:57 PM]. These facts should be attached to every memo/bill/action(CBP) they collude to regulate/restrict skilled immigration. Tax payers (which include F/H/Ls) are entitled to know this [10].

    Sharon G [11]: My vote is for a new movement: Deport the xenophobes who pollute these boards! Someone asked if we could have a reverse brain-drain of these people. The problem is that they don't have a brain, so there is nothing to drain. My estimate is that there are 3-4 people who have nothing better to do than to post their venom on these boards. They probably lost their jobs because they deserved to. Now they make us suffer for their incompetence!!

    Start with the source [12]: The S-T-I-N-K originates from Dustbin, grA S Sley, Bernie Sanders (I-VT), Norm Meatloaf, Ron Hira, Moira Herbst, Patrick Thibodeau, John Miano, Kim Berry, Rob Sanchez, Donna Conroy, Rennie Sawade, ... [13, 14, 15]

    John G [16]: I agree that we need to ban these idiots who have nothing better to do than to post complete garbage. These people aren't even intelligent enough to read the articles they are commenting on. They they wonder why they are unemployed!

    Continued ...

    ReplyDelete
  31. Fair Balanced [17]: I came here to see some rational and different points of view on the topic and try to educate myself. All i have seen is a about 2 or 3 people hijack the forum without anything concrete to say. Guys, you have made your point (in a really sickening way). When i see two pages of comments posted by Kim Berry ranting about H1-B's and Indians, i don't think that represents the view of mainstream americans.

    Answers [18]: No it is time for Americans to stand up to wackos like Berry-Miano-Sanchez-Conroy-Sawade. This is not a land of racists as the rantings here would leave one to believe!!

    Dustbin-grA S Sley-Herbst-Hira-Sanders-Thibodeau don't represent Americans [19, 20, 21, 22, 23].

    GuildY Prez Kim Berry [24, 25]
    Q: Who do you figure the "strategically intelligent ppl running the USA" are listening to when
    1) issuing USCIS memos,
    2) deporting Indians at POE by CBP, and
    3) proposing Senate bill S.887 Dustin-Grassley H/L reform?

    A: Completely S-H-A-M-E-L-E-S-S pieces of T-R-A-S-H from www.ALIPAC.org, www.BrightFutureJobs.com, www.cis.org, www.FairUS.org, www.NumbersUsa.org|com, www.ProgrammersGuild.org, www.WashTech.org, ... [26, 27, 28].


    [1] http://discuss.pcmag.com/forums/permalink/1004406735/1004406735/ShowThread.aspx#1004406735
    [2] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=43479&reviewId=455561#455561 ... post on May 14, 2009 12:13 PM GMT
    [3] http://205.142.52.239/UserComments/combo_review?action=getComment&productId=45975&reviewId=504122#504122 ... Post on Aug 4, 2009 12:50 PM GMT
    [4] http://205.142.52.239/UserComments/combo_review?action=getComment&productId=45975&reviewId=507545#507545 ... Post on Aug 12, 2009 2:21 AM GMT
    [5] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=36561&reviewId=337270#337270 ... Post on Oct 14, 2008 12:44 PM GMT
    [6] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=43479&reviewId=454831#454831 ... Post on May 13, 2009 12:43 PM GMT
    [7] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=36561&reviewId=338267#338267 ... Post on Oct 16, 2008 4:48 PM GMT
    [8] http://discuss.pcmag.com/forums/permalink/1004406818/1004406818/ShowThread.aspx#1004406818

    Continued ...

    ReplyDelete
  32. [9] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=36561&reviewId=337259#337259 ... post on Oct 14, 2008 12:25 PM GMT
    [10] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=36561&reviewId=337745#337745 ... Post on Oct 15, 2008 1:48 PM GMT
    [11] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=50021&reviewId=561904#561904 ... Post on Dec 3, 2009 7:12 PM GMT
    [12] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=50021&reviewId=563471#563471 ... Post on Dec 7, 2009 3:07 AM GMT
    [13] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503954#503954 ... Post on Aug 4, 2009 12:54 AM GMT
    [14] http://205.142.52.239/UserComments/combo_review?action=getComment&productId=45768&reviewId=503245#503245 ... Post on Aug 1, 2009 11:37 PM GMT
    [15] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132 ... Post on Aug 1, 2009 1:46 PM GMT
    [16] http://205.142.52.239/UserComments/combo_review?action=getComment&productId=45975&reviewId=507598#507598 ... Post on Aug 12, 2009 5:00 AM GMT
    [17] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=42649&reviewId=441815#441815 ... post on Apr 19, 2009 6:43 AM GMT
    [18] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=43479&reviewId=455576#455576 ... Post on May 14, 2009 12:59 PM GMT
    [19] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45975&reviewId=504611#504611 ... Post on Aug 5, 2009 2:11 PM GMT
    [20] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=41761&reviewId=423866#423866 ... Post on Mar 21, 2009 10:46 PM GMT
    [21] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=42075&reviewId=430647#430647 ... Post on Apr 1, 2009 1:44 AM GMT
    [22] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=42140&reviewId=431287#431287 ... Post on Apr 1, 2009 9:49 PM GMT
    [23] http://www.computerworld.com/comments/node/9142806?page=12 ... Posts on Jan 4 2010 - 16:06 & Dec 30 2009 - 10:14 & Dec 31 2009 - 20:16
    [24] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=46484&reviewId=517890#517890 ... Post on
    Sep 2, 2009 7:44 AM GMT
    [25] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503204#503204 ... Post on Aug 1, 2009 7:44 PM GMT
    [26] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=42649&reviewId=441367#441367 ... Post on Apr 18, 2009 11:28 AM GMT
    [27] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=36561&reviewId=340318#340318 ... Post on Oct 21, 2008 9:51 PM GMT
    [28] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=36561&reviewId=334710#334710 ... Post on Oct 9, 2008 4:50 PM GMT

    ReplyDelete
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  34. Established in 1997, St. Gregorious Edu-Guidance is a leading education consultancy services providing exemplary service to students all over India. We deal in Admissions to all major professional courses in Premier Institutes across India. We are your one step solution for all career related needs, it may be MD, MBBS BE, BTech (ALL BRANCHES), , MDS, BDS, BPharm, BArch, MBA, MTech, MS, , PhD or any other courses. We provide personalized career solutions on an individual basis keeping in mind the aspirations of our client as well as the affordability factor.
    FOR ALL CAREER RELATED NEEDS CONTACT US :
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    #2, 2nd Floor,
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  35. Elaine Martin [0]: Those in favor of the memo thanked CIS for restricting H-1B numbers at a time that many US workers were unemployed.

    Their protectionist theory is desperately in search of data [1 post on Dec 20 2009 7:18:16 PM].

    These willfully ill-informed continue to display an astounding ability to repeat "utter poppycock" even when faced with facts that contradict the Hira-Meatloaf hymnal [2 post on Feb 14, 2010 9:34:34 AM].

    Elaine Martin [0]: One particularly vehement opponent of the H-1B program railed against Indian workers in particular and was cut off when her comments became particularly unhelpful and harsh.

    F/H/L/curry/outsourcing is not the problem for these F/H/L-rejectionists who have been throwing conniption fit for 10+ years. They are lagging for their own reasons: low skills overwhelmed with destructive personal habits.

    Dustbin-grASSley-Sanders bills, Neufeld USCIS memos, McGirr CBP actions, ... - fabricated by Hira-Meatloaf and radioactivized by Herbst-Thibodeau - will not provide even 1c benefit to these accusatory interplanetary wingnuts. Dustbin-grASSley-McGirr-Neufeld-Sanders should be mandated to attach publicly verifiable cold, hard facts about these hotheads, to their bills/memos/actions.

    Moira Herbst/BusinessWeek, Patrick Thibodeau/ComputerWorld and Julia Preston/New York Times exaggerate their sway by providing them with media coverage disproportionate for a belligerent and boorish minority with no marketable skills: they are 20+ G-A-R-B-A-G-E(wo)men from hate groups and labor unions!

    This superemely incompetent minority should be ecstatic with the undeserved good fortune to have been born in America. Lawmakers should not waste precious time appeasing this fringe that thinks catcalls, insults and blizzard of lies are the keys to effective governance.


    [0] http://martinvisalaw.blogspot.com/2010/02/cis-teleconference-today-on-recent-h-1b.html
    [1] Work Visas Back On Congressional Agenda
    By Marianne Kolbasuk McGee | InformationWeek, Dec 17 2009
    http://www.informationweek.com/news/government/policy/showArticle.jhtml?articleID=222002313
    [2] Silicon Valley Innovation Stalled
    A loss of venture capital funding for technology companies and a dwindling stream of foreign talent threatens the region's economic recovery.
    By Antone Gonsalves | InformationWeek, Feb 12 2010
    http://www.informationweek.com/news/storage/disaster_recovery/showArticle.jhtml?articleID=222900188

    ReplyDelete
  36. Eleanor Pelta [0]: the road that Hira takes to get there is filled with twists, turns and manipulations

    Ron Hira doesn't have a fancy footwork with twists and turns.

    Ron Hira L-I-E-S [1]!

    [2 post #s 3-8] is a summary of Ron Hira's Indian Outsourcing L-I-E-S; [3 post on 9/9/2009 6:12:29 pm] is a summary of Ron Hira's F/H/L/curry L-I-E-S.

    Ron Hira has no inner morals to shape a dignity code.

    Can't wait for Herbst-Thibodeau [4] Noise Machine's Festival of I-D-I-O-C-Y, B-U-F-F-O-O-N-E-R-Y and T-H-U-G-G-E-R-Y where GuildY Prez Kim Berry is pre-invited [5] to repeat 80+ POROUS lies with multiple ids [6] while trenchant rebuttals are blocked/deleted faster then the speed of light [7].


    [0] http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html
    [1] http://discuss.pcmag.com/forums/permalink/1004423718/1004423718/ShowThread.aspx#1004423718
    [2] http://online.wsj.com/community/d550e10f-d17d-4116-96ac-1bd8772f0ca0/activity
    Posts #ed oldest (bottom most) first; repeat more (see bottom) until no more
    [3] Home is where the brain is
    The only-in-America story of Gaurav Rajani, one of thousands of ambitious, conflicted Indian engineers whose exodus from Silicon Valley could someday turn the Bay Area into the Detroit of high-tech.
    By Benjamin Schrier | San Francisco Magazine, Aug 26 2009
    http://www.sanfranmag.com/story/home-where-brain
    [4] http://www.computerworld.com/comments/node/9131729?page=2 ... Post on Apr 17 2009 - 14:55
    [5] http://www.southasiamail.com/news.php?id=45536
    [6] http://discuss.pcmag.com/forums/permalink/1004406813/1004406813/ShowThread.aspx#1004406813
    [7] http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=51592&reviewId=596191#596191

    ReplyDelete
  37. This is a very interesting blog and so i like to visit your blog again and again. Keep it up.

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  38. Hi,

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  39. I was sh^fted extremely hard at the following blog.

    Brain drain taking its toll on Silicon Valley
    Region's high-tech talent returning in droves to India, China
    By Kelsey Mesher | Mountain View Voice, Mar 4 2010
    http://www.mv-voice.com/news/show_story.php?id=2586

    A completely shameless person would have been unable to walk after the sh^fting.

    Not me. I was repeating garbage instantaneously at

    Let Markets, Not Protectionism, Control Immigration By John Tamny | Forbes, 03.29.10
    http://www.forbes.com/2010/03/28/immigration-economy-jobs-opinions-columnists-john-tamny.html

    I am a completely shameless piece of T-R-A-S-H.

    P.S. Stop treating me like a regular S-H-A-M-E-L-E-S-S donkeY. I am US born!

    ReplyDelete
  40. I'm sure there are a lot of really talented Indian programmers in America. However, I see few in my field of experience, which is banking software. I suspect that those with real talent seek out more challenging and higher paying positions in other areas.
    Who knows? Anyway, the Indians with whom I work are obviously hired because they will accept less money and are more easily bullied into longer hours by management. So please, drop the nonsense of Indians being smarter or more educated. It is first and foremost a matter of money and control. We are all pawns of the monied class.

    ReplyDelete
  41. This is this first time I visited your post very informative thanks for sharing this information.

    ReplyDelete
  42. Cool! you really got a helpful post here...Keep sharing informative things


    USCIS Form

    ReplyDelete
  43. Thank you for having such a detail information about immigration. Nice detailed post.

    ReplyDelete