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
June 9,2020

Washington, Jun 9: When epidemiologists talked about "flattening the curve," they probably didn't mean it this way: the US hit its peak coronavirus caseload in April, but since that time the graph has been on a seemingly unending plateau.

That's unlike several other hard-hit countries which have successfully pushed down their numbers of new cases, including Spain and Italy, which now have bell-shaped curves.

Experts say the prolonged nature of the US epidemic is the result of the cumulative impact of regional outbreaks, as the virus that started out primarily on the coasts and in major cities moves inward.

Layered on top of that are the effects of lifting lockdowns in parts of the country that are experiencing rising cases, as well as a lapse in compliance with social distancing guidelines because of economic hardship, and in some cases a belief that the threat is overstated.

"The US is a large country both in geography and population, and the virus is at very different stages in different parts of the country," Tom Frieden, a former director of the Centers for Disease Control and Prevention told AFP.

The US saw more than 35,000 new cases for several days in April. While that figure has declined, it has still been exceeding 20,000 regularly in recent days.

By contrast, Italy was regularly hitting more than 5,000 cases per day in March but is currently experiencing figures in the low hundreds.

"We did not act quickly and robustly enough to stop the virus spreading initially, and data indicate that it travelled from initial hotspots along major transport routes into other urban and rural areas," added Frieden, now CEO of the non-profit Resolve to Save Lives.

To wit: the East Coast states of New York, New Jersey and Massachusetts accounted for about 50 percent of all cases until about a month or so ago -- but now the geographic footprint of the US epidemic has shifted to the Midwest and southeast, including Florida.

Another key problem, said Jennifer Nuzzo, an epidemiologist at Johns Hopkins, is that the United States is still not doing enough testing, contact tracing and isolation.

After coming late to the testing party -- for reasons ranging from technical issues to regulatory hurdles -- the US has now conducted more COVID-19 tests than any other country.

It even has one of the highest per capita rates per country of 62 per 1,000 people, according to the website ourworldindata.org -- better than Germany (52 per 1,000) and South Korea (20 per 1,000).

But according to Nuzzo, these numbers are misleading, because "the amount of testing that a country should do should be scaled to the size of its epidemic.

"The United States has the largest epidemic in the world so obviously we need to do a lot more testing than any other country."

For Johns Hopkins, the more important metric is the positivity rate -- that is, out of all tests conducted, how many came back positive for COVID-19.

As of June 7, the United States had an average daily positivity rate of 14 percent, well above the World Health Organization guideline of 5 percent over two weeks before social distancing guidelines should be relaxed.

By contrast, Germany, which has tested far fewer people in relation to its population, has a positivity rate of 5 percent.

Even if testing were scaled up, carrying out tests in of itself does very little good without the next steps -- finding out who was exposed and then asking them to isolate.

Here also, too many US states are lagging woefully behind.

Texas, which is experiencing a surge in cases after relaxing its lockdown, is a case in point. The state targeted hiring a modest 4,000 tracers by June, but according to local reports is still more than a thousand shy of even that goal.

Opt-in app based efforts have also been slow to get off the ground.

Then there is the fact that some people are growing tired of lockdowns, while others don't have the economic luxury of being able to stay home for prolonged periods.

The government sent some 160 million Americans a single stimulus check of up to $1,200 back in April but it's not clear whether more will be forthcoming.

Still others, particularly in so-called red states under Republican leadership, have chafed under restrictions and mask-wearing guidelines that they see as an affront to their personal freedom.

"The US is kind of on the extreme of the individual liberty side," Sten Vermund, dean of the Yale School of Public Health, told AFP.

Part of this has to do with mixed messaging from Republican leaders, including President Donald Trump, said Nuzzo.

"We have had at the highest political level an assertion that this is a situation that's been overblown, and that maybe certain protective behaviors are not necessary," she said.

More recently, tens of thousands of people across the country have taken to the streets to protest the killing on an unarmed black man by police, risking coronavirus infection to demonstrate against the public health threat of racialized state violence.

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News Network
May 12,2020

May 12: Several Indians in the US, either on the H-1B work visa or Green Card having children who are American citizens by birth, are being prevented from travelling to India aboard the special repatriation flights being run by Air India amidst the coronavirus-linked global travel restrictions.

According to the regulations issued by the Indian government last month and updated last week, visas of foreign nationals and OCI cards, that provide visa-free travel privileges to the people of Indian-origin, have been suspended as part of the new international travel restrictions.

For some of the Indian citizens like the Pandey couple in New Jersey (name and place changed at request), it's a double whammy. Having lost their H-1B job, they have to go back to India within the stipulated 60 days as required by law. The couple has two kids aged one and six years who are American citizens.

In the wee hours of Monday, they had to return from Newark airport as Air India refused to give their kids a ticket to fly to India along with them, despite them having a valid Indian visa. The young mother and father are Indian citizens.

They said that the officials from Air India and (Indian) Consulate (in New York) were very cooperative.

Also Read: COVID-19: Top senators urge Trump to temporarily suspend all new guest worker visas, including H-1B

But they could not do anything as their hands were tied by the latest regulation issued by the Indian government, a shocked Ratna Pandey told PTI.

"I would like to urge the Indian government to reconsider their decision on the humanitarian basis," said the Indian national who has lost her job but could not leave the US within the stipulated 60 days to avoid any future visa complications.

She now plans to make an appeal to the US Citizenship and Immigration Services (USCIS) to extend their stay.

Last month, H-1B visa holders, mostly Indians, launched a White House petition urging US President Donald Trump to extend their permissible stay from 60 to 180 days after job loss. However, there has been no decision from the White House so far.

While there is no official statistics of how many Indian H-1B visa holders have lost their jobs, it is believed to be substantial.

The US, due to the coronavirus pandemic, is experiencing an unprecedented unemployment rate and more than 33 million Americans have lost their jobs in the last two months. Given this massive job loss, Indians, who have lost their jobs, are unlikely to get one and thus many would have no other option but to travel back home.

In the case of single mother Mamta (name changed), the situation is graver as her son is just three-month old. Only she was given the ticket and the infant was not allowed to fly along with her because he carried an American passport.

"I would like to request the Indian government to let us fly back home. I don't want to stay in the US any longer," she told PTI hours after being prevented from boarding her hometown Ahmedabad-bound flight from Newark on Sunday.

"I am alone here. I don't have a relative here. It's a difficult situation," she said.

"Vande Bharat Mission is a humanitarian mission. But this is certainly inhuman," said Rakesh Gupta (name changed) from Washington DC.

An H-1B professional, Gupta has lost his job and needs to return to India within the stipulated 60 days. He and his wife, Geeta (name changed) being Indian citizens, received the confirmation of their seats in the flight but have been told that their two-and-a-half-year-old daughter cannot travel with them as she carried an OCI card.

"I don't believe this," he said.

Unlike the Pandey couple and Mamta, who had made the payment of USD 1,361 per ticket for their flight back home, Rakesh has not made the payment. Air India has said that the money would be refunded.

All the three Indian citizens requested the Indian government to help them travel back home by making necessary changes in the current regulations.

As per a recent government notification, all existing Indian visa holders, and visa-free travel facility, granted to OCI card holders who are not in India, have been suspended till restrictions on international air travel remains.

New York-based community leader Prem Bhandari said that the May 5 travel advisory has created multiple painful issues for the OCI card holders in the US and also to Indian citizens who are either on Green Card or H-1B visas and want to travel back home, but cannot leave their kids who are Americans by birth.

"We would like to express our disappointment with the discrimination between OCIs and citizens in respect of entering India at this critical stage when many OCIs have lawfully built their homes, families and businesses in India," Bhandari said in a letter to Union Home Secretary Ajay Kumar Bhalla on Monday.

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News Network
February 16,2020

Munich, Feb 16: Iran's foreign minister said Saturday that US President Donald Trump is receiving bad advice if he believes an American "maximum pressure" campaign against his country will cause the government in Tehran to collapse.

Foreign Minister Mohammad Javad Zarif told a group of top defense officials and diplomats at the Munich Security Conference that the information provided to the president has dissuaded Trump from accepting offers from other leaders to mediate between Washington and Tehran.

"President Trump has been convinced that we are about to collapse so he doesn't want to talk to a collapsing regime," Zarif said.

To support his argument, the Iranian minister cited Trump's decision to pull out unilaterally in 2018 from Iran's nuclear deal with the US and other world powers. Trump said the landmark 2015 accord didn't address Iran's ballistic missile program or regional activities and needed to be renegotiated.

Since then, the Trump administration's re-imposition of US sanctions in a campaign of so-called "maximum pressure" have taken a severe toll on the Iranian economy and sent Iran's currency plunging.

"I believe President Trump, unfortunately, does not have good advisers," Zarif said. "He's been wanting for Iran to collapse since he withdrew from the nuclear deal." Zarif also said the killing of Iranian Gen. Qassem Soleimani in a US drone strike in Iraq on January 3 was a miscalculation by Washington that has galvanized support for Iran instead of increasing pressure on the regime.

The Iran nuclear deal, known as the Joint Comprehensive Plan of Action or JCPOA, promised Iran economic incentives in exchange for curbs on its nuclear program. It was intended to prevent Tehran from developing a nuclear bomb, which Iran insists it does not want to do.

Since the US withdrawal, the deal's other signatories - Germany, France, Britain, Russia and China - have unsuccessfully struggled to come up with ways to offset the effects of the new American sanctions.

Washington has pressured the other countries - so far without success - to abandon the deal entirely US Secretary of State Mike Pompeo said at the Munich Security Conference earlier Saturday that while there may be disagreements on what to do with the JCPOA, "when I talk to my counterparts here in Europe, everybody gets it."

"Everyone understands that these are folks who continue to build out their nuclear program," Pompeo said. "So there's a common understanding about the threat; we have tactical differences on how to proceed."

In recent months, Iran has steadily violated the limitations the deal placed on the amount of enriched uranium and heavy water it can stockpile, the number and type of centrifuges it can operate, and the purity of the uranium it enriches.

Iranian officials insist the moves are intended only to put pressure on the countries that remain part of the deal to provide economic help to Iran and that all the measures taken are fully reversible.

Zarif rejected Trump's suggestion of negotiating a new deal, saying the one negotiated during the Obama administration was the only vehicle for talks on Iran's nuclear program.

"There is no point in talking over something you already talked about. You don't buy a horse twice," he said.

"It's not about opening talks with the United States. It's about bringing the United States to the negotiating table that's already there," Zarif said.

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