Indian-American owned IT company fined for H1-B visa violations

Agencies
May 2, 2018

Washington, May 2: An Indian-American owned IT company in California was on Wednesday asked to pay USD 173,044 in wages to 12 of its foreign employees, most of them from India, in violations of the H-1B visa program salary requirements.

Investigations carried out by US Department of Labour's Wage and Hour Division revealed that some of the H-1B employees that information technology provider Cloudwick Technologies Inc. brought from India with promised salaries of up to USD 8,300 per month instead received as little as USD 800 net per month.

Notably, the crackdown on the company came just a day after many countries in the world celebrated the International Labour Day (International Workers Day or May Day).

Based out of Newark in California – in the famed Silicon Valley – Indian-American Mani Chhabra is the founder and CEO of the Cloudwick Technologies, as per the company's website.

It describes itself as leading provider of bimodal digital business services and solutions to the Global 1000. Its services include big data, cloud, advanced analytics, business intelligence modernisation, data science, big data pilot-to-production, IoT, mobile application development.

According to the company, its clients include the likes of Bank of America, Comcast, Home Depot, Intuit, JP Morgan, NetApp, Target, Visa, and Walmart.

Investigators found that the company paid impacted employees well below the wage levels required under the H-1B program based on job skill level, and also made illegal deductions from workers' salaries.

"The intent of the H-1B foreign labour certification program is to help American companies find the highly skilled talent they need when they can prove that a shortage of US workers exists," said Susana Blanco, Wage and Hour Division District Director in San Francisco.

"The resolution of this case demonstrates our commitment to safeguarding American jobs, level the playing field for law-abiding employers, and protect guest workers from being paid less than they are legally owed," Blanco said.

In addition to the recovery of back wages, the IT employer has also signed an enhanced compliance agreement requiring them to hire an independent third-party monitor to help ensure future compliance, a media release said.

To further deter and detect abuse, US Citizenship and Immigration Services has established a dedicated email address which will allow individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse.

Silicon Valley companies and high-tech ventures are among the largest employers of foreign workers with H-1B visas. The number of visas awarded each year is capped at 85,000.

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News Network
April 13,2020

Manila, Apr 13: The Asian Development Bank (ADB) on Monday tripled the size of its response to novel coronavirus disease (COVID-19) pandemic to 20 billion dollars and approved measures to streamline its operations for quicker and more flexible delivery of assistance.

The package expands ADB's 6.5 billion dollars initial response announced on March 18, adding 13.5 billion dollars in resources to help ADB's developing member countries counter the severe macroeconomic and health impacts caused by COVID-19.

The 20 billion dollar package includes about 2.5 billion dollars in concessional and grant resources.

"This pandemic threatens to severely set back economic, social, and development gains in Asia and the Pacific, reverse progress on poverty reduction and throw economies into recession," said ADB President Masatsugu Asakawa.

"Our expanded and comprehensive package of assistance, made possible with the strong support of our board, will be delivered more quickly, flexibly and forcefully to the governments and the private sector in our developing member countries to help them address the urgent challenges in tackling the pandemic and economic downturn," he said in a statement.

ADB's most recent assessment released on April 3 estimates the global impact of the pandemic at between 2.3 and 4.8 per cent of gross domestic product. Regional growth is forecast to decline from 5.2 per cent last year to 2.2 per cent in 2020.

The new package includes the establishment of a COVID-19 pandemic response option under ADB's countercyclical support facility.

Up to 13 billion dollars will be provided through this new option to help governments of developing member countries implement effective countercyclical expenditure programs to mitigate impacts of the COVID-19 pandemic, with a particular focus on the poor and the vulnerable.

Grant resources will continue to be deployed quickly for providing medical and personal protective equipment and supplies from expanded procurement sources.

Some 2 billion dollars from the 20 billion dollar package will be made available for the private sector. Loans and guarantees will be provided to financial institutions to rejuvenate trade and supply chains.

Enhanced microfinance loan and guarantee support and a facility to help liquidity-starved small and medium-sized enterprises, including those run by female entrepreneurs, will be implemented alongside direct financing of companies responding to or impacted by COVID-19.

The response package includes a number of adjustments to policies and business processes that will allow ADB to respond more rapidly and flexibly to the crisis. These include measures to streamline internal business processes, widen the eligibility and scope of various support facilities and make the terms and conditions of lending more tailored.

All support under the expanded package will be provided in close collaboration with international organisations, including the International Monetary Fund, World Bank Group, World Health Organisation, UNICEF, other UN agencies and the broader global community.

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News Network
July 11,2020

Singapore, Jul 11: Singapore Prime Minister Lee Hsien Loong has secured a “clear mandate” with his ruling People’s Action Party (PAP) winning 83 of the 93 contested parliamentary seats in the general election held amidst the Covid-19 pandemic, with the Opposition gaining ground by winning a record 10 seats.

The ruling party, in power since independence in 1965, secured 61.24 percent of the total votes cast in the election, down from 69.9 percent in 2015. About 2.6 million Singaporeans voted on Friday.

“We have a clear mandate, but the percentage of the popular vote is not as high as I had hoped for,” 68-year old Lee told a PAP’s post-results press conference on Saturday morning.

The opposition Workers’ Party secured 10 seats and defeated a team in the Group Representation Constituency of Sengkang led by former Minister in the Prime Minister’s Office Ng Chee Meng who is also the Secretary-General of the power National Trades Union Congress (NTUC).

The Prime Minister assured it is “only right” that Workers’ Party’s Indian-origin secretary-general Pritam Singh be “formally designated” as the Leader of the Opposition, and that he will be provided with “appropriate staff support and resources to perform his duties”.

Lee took the results in “these circumstances” as an “endorsement” of the party’s policies and plans as he had called the elections amidst Covid-19 pandemic.

For latest updates and live news on coronavirus, click here

“We’ll take this forward and work with Singapore to realise those plans and solve the problems which we have,” Channel News Asia quoted the premier as saying.

Lee, who leads the PAP as secretary-general, said, “Singaporeans understand what’s at stake and why we must come together to uphold our national interests.”

He pledged to use this mandate “responsibly” to deal with the Covid-19 situation and economic downturn, to take Singapore “safely through the crisis and beyond”.

“The results reflect the pain and uncertainty that Singaporeans feel in this crisis, the loss of income, the anxiety about jobs, the disruption caused by the circuit breaker and the safe distancing restrictions,” he said.

This was not a “feel-good” election, said Lee, Singapore’s third prime minister who faces the city state’s worst recession with the economy projected to shrink between 7 and 4 per cent.

Lee acknowledged that the result also showed a “clear desire” for a diversity of voices in Parliament.

“Singaporeans want the PAP to form the government, but they, and especially the younger voters, also want to see more opposition presence in parliament,” he noted.

Lee added that he looks forward to the participation and contribution of the Opposition in parliament.

Singh, whose Workers’ Party team retained Aljunied Group Representation Constituency (GRC), will have 10 elected MPs now, up from six previously. His fellow member also retained the Hougang single-member constituency seat.

“Whether it works out… and whether it’s seen as a strengthening of Singapore will depend not only on what the PAP does but also on what the Opposition does because the Opposition now has 10 MPs elected from constituencies,” said Lee.

He assured that the ruling party will listen to Singaporeans and do its best to address their concerns, and “try to win” their support, whether or not they voted for the PAP.

When asked by the media if the party had lost the youth vote, he noted that different generations have different life experiences, and the young have significantly different life aspirations and priorities compared to the older generations.

“That’ll have to be reflected in our political process and in the government’s policies because, in the end, the government’s policies must be to achieve the aspirations of every generation of Singaporeans,” Lee said, assuring Singaporeans.

He hoped that the new generations of Singaporeans “look critically, but with an open mind” at what previous generations have done, “examine what’s relevant and what continues to make sense to them in a new environment” and “learn from these experiences hard-won by their parents and grandparents”.

This is so that they do not have to “learn them all over again and pay a high price which has already been paid”.

Lee added that he was, naturally, disappointed at the loss of the newly formed Sengkang GRC, which the Workers’ Party won with 52.13 percent of the valid votes.

“Ng Chee Meng and his team -- Lam Pin Min, Amrin Amin and Raymond Lye -- always knew it was going to be a tough fight,” he said.

“They gave it their all, but Sengkang voters have spoken, and we respect their decision.”

Lee described it as a “major loss to my team” and to the fourth-generation leaders, especially as Ng is the secretary-general of the Labour Movement, the NTUC.

Singh, 43, told a press conference following the results that his team would “continue to endeavour for good outcomes on the ground” and to represent voters “faithfully in parliament”.

“Today’s results are positive, but we have to hit the ground running. We should not get over our head with the results. There’s much work to do. And I can assure you this Workers’ Party team is committed to serve Singapore,” he stressed.

The PAP contested all 93 seats and the Workers’ Party 21 seats. Nine other political parties also contested the elections.

A total of 192 candidates contested for seats through 17 Group Representation Constituencies (GRCs).

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Agencies
July 15,2020

Washington, Jul 15: The Trump administration has agreed to rescind its July 6 rule, which temporarily barred international students from staying in the United States unless they attend at least one in-person course, a federal district court judge said on Tuesday.

The U-turn by the Trump administration comes following a nationwide outrage against its July 6 order and a series of lawsuits filed by a large number of educational institutions, led by the prestigious Harvard University and Massachusetts Institute of Technology (MIT), seeking a permanent injunctive relief to bar the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) from enforcing the federal guidelines barring international students attending colleges and universities offering only online courses from staying in the country.

As many as 17 US states and the District of Columbia, along with top American IT companies such as Google, Facebook and Microsoft, joined MIT and Harvard in the US District Court in Massachusetts against the DHS and the ICE in seeking an injunction to stop the entire rule from going into effect.

"I have been informed by the parties that they have come to a resolution. They will return to the status quo," Judge Allison Burroughs, the federal district judge in Boston, said in a surprise statement at the top of the hearing on the lawsuit.

The announcement comes as a big relief to international students, including those from India. In the 2018-2019 academic year, there were over 10 lakh international students in the US. According to a recent report of the Student and Exchange Visitor Program (SEVP), 1,94,556 Indian students were enrolled in various academic institutions in the US in January.

Judge Burroughs said the policy would apply nationwide.

"Both the policy directive and the frequently asked questions would not be enforced anyplace," she said, referring to the agreement between the US government and MIT and Harvard.

Congressman Brad Scneider said this is a great win for international students, colleges and common sense.

"The Administration needs to give us a plan to tackle our public health crisis - it can't be recklessly creating rules one day and rescinding them the next," he said in a tweet.

Last week, more than 136 Congressmen and 30 senators wrote to the Trump administration to rescind its order on international students.

"This is a major victory for the students, organisers and institutions of higher education in the #MA7 and all across the country that stood up and fought back against this racist and xenophobic rule," said Congresswoman Ayanna Pressley.

"Taking online classes shouldn't force international students out of our country," Congressman Mikie Sherrill said in a tweet.

In its July 6 notice, the ICE had said all student visa holders, whose university curricula were only offered online, "must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status".

"If not, they may face immigration consequences, including but not limited to the initiation of removal proceedings," it had said.

In their lawsuit, the 17 states and the District of Columbia said for many international students, remote learning in the countries and communities they come from would impede their studies or be simply impossible.

The lawsuit alleged that the new rule imposes a significant economic harm by precluding thousands of international students from coming to and residing in the US and finding employment in fields such as science, technology, biotechnology, healthcare, business and finance, and education, and contributing to the overall economy.

In a separate filing, companies like Google, Facebook and Microsoft, along with the US Chamber of Commerce and other IT advocacy groups, asserted that the July 6 ICE directive will disrupt their recruiting plans, making it impossible to bring on board international students that businesses, including the amici, had planned to hire, and disturb the recruiting process on which the firms have relied on to identify and train their future employees.

The July 6 directive will make it impossible for a large number of international students to participate in the CPT and OPT programmes. The US will "nonsensically be sending...these graduates away to work for our global competitors and compete against us...instead of capitalising on the investment in their education here in the US", they said.

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