NASSCOM responds to latest visa fraud allegations
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(InfoWorld) - India's chief outsourcing association has admitted there may be instances of U.S.Â visa abuse by Indian companies, but said the problems are confined to "small, fly-by-night operators." Most of the Indian companies that sponsor large numbers of U.S. visas are "publicly listed and ethically managed," the National Association of Software and Service Companies (NASSCOM) said on Thursday. Any abuse of U.S. visas at such companies would tend to be less than at smaller operations, it added. However, NASSCOM admitted in its statement that small companies are "an area that may need more attention." The association's comments come after further allegations of U.S. visa abuse by two U.S. senators this week. Following their complaints last month aboutÂ alleged misuse of H-1B visas by Indian outsourcers, U.S. Senators Chuck Grassley, a Republican from Iowa, and Dick Durbin, a Democrat from Illinois, this weekÂ questioned the use of large numbers of L visasÂ by Indian outsourcers. Information from the U.S. Bureau of Citizenship and Immigration Services (BCIS) indicated that the companies using the most H-1B visas are the same firms that use the most L visas, the senators said. That made them suspect that companies are using L visas to circumvent worker protections required under the H-1B program. The allegations come as the U.S. Senate attempts to revive an immigration reform bill which includes a provision for increasing the number of H-1B visas available. Earlier this month, Patni Computer SystemsÂ reached an agreement with the U.S. Department of Labor to pay back-wages to employees brought to the U.S. under the H-1B visa program, who then worked at lower salaries than U.S. workers would get for similar work. Patni is among the top 10 users of H-1B and L-1 visas from India. The senators wrote letters toÂ nine Indian companiesÂ in May, asking them for details on their use of H-1B visas. Among the companies were top Indian outsourcers including Tata Consultancy Services, Infosys Technologies, and Wipro. The nine companies together account for close to 20,000 visas, the senators said. Companies appear to be increasingly using H-1B visas to displace qualified American workers, Grassley said in May. India's Minister for Commerce and Industry Kamal Nath warned at the time that the complaints could have repercussions at the ongoing World Trade Organization (WTO) negotiations, since the issue of work permits is a trade issue. Those negotiations fell through this month, not due to work permits but on account of differences over subsidies and tariffs on agriculture products. NASSCOM replied to the two senators in May but has yet to receive any acknowledgement, the association said on Thursday. It said it looks forward to a positive engagement that will address the politicians' concerns withoutÂ disrupting the growing two-way tradeÂ between India and the U.S. The H-1B visa is an employer-sponsored, non-immigrant visa that allows a foreign worker to come to the U.S. temporarily to perform services in a specialty occupation. The L-1 visa, a popular type of L visa, is a non-immigrant visa that allows companies in the U.S. or abroad to transfer certain classes of employee from their foreign operations to a U.S. operation. L visas are designed to give multinational companies the freedom to transfer managers and specialists within the company to their U.S. offices, Durbin said on Tuesday. But some of these companies have hundreds, and, in some cases, thousands of L visa workers, he said. "I find it hard to believe that any one company has that many individuals that are legitimately being transferred within a single year," Durbin said. "I find it even harder to believe that these L visas are being used appropriately when many of the same companies are some of the largest employers of H1-B workers." TCS of Mumbai was the largest user of L visas in 2006, with 4,887, according to a list of the top 20 L users posted by the two senators on their Web sites Tuesday. The list also includes the names of multinational companies such as IBM and Intel. Â
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The U.S. International Trade Commission (USITC) has launched four investigations involving the import of computers or electronic device components, including one based on a complaint that several companies are violating patents on DRAM chips.The USITC also voted to launch an investigation, based on a complaint by IBM, into the import of motherboards, graphics cards, notebook computers, server computers, bare-bones computers, and routers by Asustek Computer of Taiwan and Asus Computer International of Fremont, Calif.In the DRAM case, Tessera of San Jose, Calif., filed a complaint on Dec. 7 alleging that 18 companies violated its patents for semiconductor chips with a minimized chip package size. Acer and Kingston Technology are among the companies named in Tessera&#39;s complaint.The commission on Friday also announced it has initiated so-called 337 investigations into the import of silicon microphone packages used in mobile phones and semiconductor lasers used in disc drives.In the Tessera complaint, the company accused competitors of violating four semiconductor patents. The company has filed a lawsuit in the U.S. District Court for the Eastern District of Texas, as well as the USITC complaint. The U.S. Patent and Trademark Office has granted reexamination requests on two of those patents.Representatives of Acer and Kingston didn&#39;t immediately respond to a request for comments on the USITC investigation.IBM filed a complaint on Dec. 5, asking the USITC to bar Asustek and North American subsidiary Asus Computer International from importing equipment using PC power supplies, cooling fans, and clustering technologies into the United States. IBM accused Asustek of infringing three patents related to those technologies.IBM attempted to reach a licensing agreement with Asustek after a licensing deal expired in December 2004, an IBM spokesman said in December. An Asus spokeswoman didn&#39;t immediately respond to a request for comments.The semiconductor laser complaint covers lasers used in high-definition disc drives. The investigation is based on a complaint filed by Seoul Semiconductor of Korea on Dec. 4, alleging that Nichhia of Japan has violated its patent.In the silicon microphone case, the patented technology covers microphones in several devices, including mobile phones. The complaint, filed by Knowles Electronics of Itasca, Ill., on Dec. 6, alleges that Mems Technology Berhad of Malaysia has violated its patents.The cases will be referred to an administrative law judge, who will schedule and hold an evidentiary hearing. The judge will make an initial determination as to whether there is a violation of Section 337 of the U.S. Tariff Act of 1930. That initial determination is subject to review by the USITC.Within 45 days, the commission will set a target date for completing the investigations.
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Citigroup is facing fresh legal action related to its role as an adviser to Enron, with investors claiming they were duped by a &quot;massive scheme of deception&quot; when they bought securities tied to the credit-worthiness of the bankrupt energy firm.
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They need help Comment Ashlee, I read you piece (NY Times bans Microsoft analysts from Microsoft stories) over the weekend and man did you hit a chord with me. I sweat this stuff, Iâm accused quite often of being a Microsoft shill and, as you point out, there is actually a cottage industry that has cropped up making that accusation to keep me from saying anything negative about OSS (open source software) or Apple. Since Iâve been doing the analyst thing for well over a decade, I think most journalists know I answer questions as honestly as I can and, while I do make mistakes, they are honest ones.â¦
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British Home Secretary David Blunkett is facing fresh questions over claims that he fast-tracked a visa application for his ex-lover&#39;s former nanny.
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NU Online News Service, Dec. 30, 2:29 pm ESTâGeneral Re Corporation said it has received a letter of inquiry from the US Securities and Exchange Commission relating to non-traditional or loss mitigation insurance products.
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WASHINGTON - Securities regulators on Tuesday accused big investment firm Morgan Stanley Inc. of repeatedly withholding documents sought in connection with customer complaints and falsely claiming that millions of e-mails it had were lost in the Sept.
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TORONTO -- The U.S. Securities and Exchange Commission on Monday filed civil fraud charges against a former CEO and three other former top executives of Canadian telecom equipment maker Nortel Networks Corp.
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MOSCOW, Sept. 10 -- Russian authorities have refused to renew the visa of an American labor activist working with a dockworkers union in Kaliningrad, the latest in a series of visa denials targeting Western trade unionists, business people, journalists and lawyers whose activities attracted the...
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H&amp;R Block Inc.&#39;s (HRB.N: Quote, Profile, Research) financial advisors unit was charged with fraud by the NASD for misrepresenting the risks to investors of bonds from Enron Corp.
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The Securities and Exchange Commission has filed enforcement actions against Royal Ahold NV and three former executives, alleging fraud and other violations stemming from the Dutch food giant&#39;s massive accounting scandal.
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Business software maker's backing of event comes as company faces continued scrutiny over its security practices.
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WASHINGTON -- US securities regulators have accused H&amp;R Block Financial Advisors of fraud in selling customers some $16 million US of Enron bonds in late 2001 as a safe investment when the energy-trading giant was imploding.
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Three former bankers with the UK&#39;s NatWest bank were told on Friday that they should be extradited to the US to face fraud charges connected to the collapsed energy company Enron.
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Faces fraud charges related to alleged backdating of stock options at the security specialist while it was known as Network Associates.
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(InfoWorld) - That explosive H-1B YouTube video offering advice on how to hire foreign workers instead of Americans has gotten the attention of U.S. Sen. Charles Grassley (R-Iowa) and Rep. Lamar Smith (R-Texas), who called it evidence of abuse of the visa program. Both men want a federal investigation and are seeking answers from the law firm that posted the original video on YouTube. In a letter to U.S. Department of Labor Secretary Elaine Chao, Grassley and Smith characterized the video as "exposing the blatant disregard for American workers and deliberate attempt to bring in cheaper foreign workers through the H-1B program." They also want the labor secretary to review the video and investigate "the law firm's unethical procedures and advice to clients." In the video, a person identified as Lawrence Lebowitz, an attorney at the firm Cohen & Grigsby PC in Pittsburgh, Penn., explains how U.S. companies can avoid hiring U.S. workers. "Our goal is clearly not to find a qualified and interested U.S. worker," said Lebowitz in the video. "And that, in a sense, sounds funny, but it's what we are trying to do here." Grassley and Smith also wrote Cohen & Grigsby, noting that "your firm's video advises employers how to hire only foreign labor, while making it nearly impossible for a qualified American worker to get the job.... While many companies insist that they are not participating in fraud, many are finding loopholes around government rules and regulations in order to bring in cheaper foreign workers. These loopholes lead to abuse that ultimately displace qualified Americans. The abuse is evident thanks to a video produced by your firm...." They also noted that the video "advises potential employers that they can fulfill" Labor Department hiring requirements "by advertising the position in places where they will not find the most qualified applicants. Your firm asserts that an employer can advertise in regional publications with limited circulation, while internally listing the job for a foreign worker. We would like you to please explain how this practice does not constitute outright discrimination based on nationality and why your firm so blatantly promotes this type of behavior." The law firm had taped a seminar on immigration law it held in May and then posted the video on YouTube, possibly for training purposes. The firm has not responded to repeated requests for comment this week. The two letters, dated today, were initially posted online at the University of California, Davis by Norman Matloff, a professor of computer science at the school and one of the longest-standing critics of the H-1B program. Matloff, in an e-mail said, "This 'YouTube-Gate' incident should be an eye opener for people in the press and in Congress who have been taking the industry lobbyists at face value all these years." The tape was brought to light by the Programmers Guild, a Summit, N.J.-based professional association after guild president Kim Berry said he was alerted to it by activists. He made a copy of an excerpt, added in some subtitles to annotate the tape, mixed in some music for dramatic effect, and posted the new version on YouTube. "My hope is that this proof on video will open some eyes to this sham," said Berry.
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NEW YORK -- Bank of America Corp. is defending its decision to offer credit cards to people who don't have US Social Security numbers amid criticism the program effectively endorses illegal immigration.