The Indian government is upset that the United States Department of State Consular Officers at American diplomatic posts in India have been discovering extensive fraud in H-1B and L-1 non-immigrant visa applications by Indian nationals. That is unacceptable to the Indian government. And that is of no surprise. It is the purpose of the Indian government to represent its citizens and their interests. It is not however proper behavior by the Indian government to aid, abet and assist in the violation of American laws, including immigration and visa laws. Such behavior is irresponsible and beyond the legitimate interests and responsibilities of the Indian government. Nor is it in the interests of the Indian government to export its best and brightest, or even its not so best and brightest. Unless the Indian government is participating in the subversion of the American Constitution by exporting its citizens to cause damage to American citizens and by those Indians voting for the Demoncrat Party, e.g. participating in electing a new people, which by the way would make such Indian interferrence an act of war.
Information Week March 28, 2012 by Paul McDougall
India's commerce minister told his U.S. counterpart that he is concerned about what he said are rising rejection rates for applications by Indian tech pros to obtain work visas in the United States.
Commerce and Industry minister Anand Sharma said he had "a frank discussion" with U.S. Commerce secretary John Bryson during bilateral talks Monday in New Delhi. Sharma told reporters afterwards that his concerns were sparked by the fact that rejection rates for H-1B and L-1 applicants' visa applicants have increased 28%. Sharma did not cite a source for the number.
"There have been concerns over the high rate of rejections," said Sharma, according to the Times of India. "We had a very frank discussion, including some of the issues on which the U.S. has concerns."
However, it is not in any manner the responsibility of the U.S. Citizenship and Immigration Services (USCIS) to aid, abet, assist, and encourage the replacement of American workers with alien.
But opponents say any easing of immigration rules would make it more difficult for unemployed tech workers to find jobs in an economy that has yet to fully recover from the recession. In particular, some argue that a possible move by U.S. Citizenship and Immigration Services (USCIS) to broaden the definition of "specialized knowledge" that L-1B applicants must possess would negatively impact U.S. workers.
"Such an interpretation would make it easier for someone to qualify as possessing L-1B specialized knowledge, even if they have ordinary skills and work in a position for which there may be unemployed U.S. workers available," said Daniel Costa, a policy analyst at the Economic Policy Institute, and Ron Hira, a public policy professor at the Rochester Institute of Technology, in a letter sent Monday to USCIS director Alejandro Mayorkas.
A USCIS spokesman confirmed that the agency is hoping to issue new policy guidance on L-1B specialized knowledge by the end of the month. "USCIS has actively engaged with the public on the L-1B classification, including most recently at a forum at the end of January hosted by the Chamber of Commerce," the spokesman said.
"USCIS is currently reviewing its L-1B policy guidance, which is comprised of a series of memoranda dating back to 1994, to assess whether that guidance assists adjudicators in applying the law in new business settings that companies face today," the spokesman said.
But it is abundently clear that USCIS is on a jihad against the American worker. USCIS has no authority to "reinterpret" the law so as to further assist employers to replace American workers with lower paid aliens. Not only are immigration laws quite clear on the point, aliens can only recieve an employment visa such as an H-1B if there is no available American or other worker available, but the civil rights laws of the United States make such decisions to replace an American worker with an alien illegal as well. It is called national origin discrimination. Although it is clear that USCIS and the Department of Justice Civil Rights Division don't care about Americans and refuse to enforce said laws. But like its refusal to enforce DOMA, USCIS has no authority to ignore the law. Like John Morton, Alejandro Mayorkas should be impleached.