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
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
May 7,2020

Islamabad, May 7: Pakistan's COVID-19 cases have crossed 24,000 after 1,523 new infections were detected, while the death toll has jumped to 564 with 38 more people succumbing to the coronavirus, health officials said on Thursday.

Even as the country is seeing an increase in the number of coronavirus cases and fatalities, Prime Minister Imran Khan will discuss the easing of lockdown restrictions with his top aides on Thursday.

The Ministry of National Health Services said that out of the 24,073 total cases, Punjab reported 9,077, Sindh 8,640, Khyber-Pakhtunkhwa 3,712, Balochistan 1,495, Islamabad 521, Gilgit-Baltistan 388 and Pakistan-occupied Kashmir 76 cases.

After 38 more deaths on Wednesday, the total coronavirus patient death toll jumped to 564. Another 6,464 have recovered. A total of 1,523 new patients were added in a single day, the ministry.

So far, 244,778 tests have been conducted, including 12,196 in the last 24 hours, it said.

Prime Minister Khan will chair the National Coordination Committee (NCC) meeting on easing the lockdown restrictions in the country. The meeting will be attended by all chief ministers.

The issue was debated in the National Command and Operation Centre (NCOC) on Wednesday and in the Cabinet on Tuesday.

Planning Minister Asad Umar said that different proposals to allow certain businesses to open were prepared and will be presented before the Prime Minister for a final decision.

Earlier, Khan, undeterred by the mounting number of deaths and the new cases, announced that he was against a lockdown as it hits the poor people badly.

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News Network
June 4,2020

Jun 4: Mahatma Gandhi’s statue outside the Indian Embassy in Washington DC was vandalised with graffiti and spray painting by unknown persons allegedly involved in the ongoing protests in the US against the custodial killing of African-American George Floyd.

This has prompted the mission officials to register a complaint with the local law enforcement agencies.

The incident is reported to have taken place on the intervening night of June 2 and 3 in Washington DC.

The Indian embassy has informed the State Department and registered a complaint with local law enforcement agencies, which are now conducting an investigation into the incident.

On Wednesday, a team of officials from Metropolitan Police in consultation with the Diplomatic Security Service and National Park Police visited the site and are conducting inquiries.

Efforts are on to clean up the site at the earliest.

Vandalism of the statue of the apostle of peace comes during the week of nationwide protests against the custodial killing of African-American George Floyd in Minneapolis on May 25.

Several of these protests have turned violent which many times has resulted in damage of some of the most prestigious and sacred American monuments.

In Washington DC, protestors this week burnt a historic church and damaged some of the prime properties and historic places like the national monument and Lincoln Memorial.

One of the few statues of a foreign leader on a federal land in Washington DC, the statue of Mahatma Gandhi was dedicated by the then Prime Minister Atal Bihari Vajpayee, in the presence of the then US president Bill Clinton on September 16, 2000, during his state visit to the US.

In October 1998, the US Congress had authorised the government of India to establish and maintain a memorial “to honour Mahatma Gandhi on Federal land in the District of Columbia."

According to the Indian Embassy website, the sculpture of Mahatma Gandhi is cast in bronze as a statue to a height of 8 feet 8 inches. It shows Gandhi in stride, as a leader and man of action evoking memories of his 1930 protest march against salt-tax, and the many padyatras (long marches) he undertook throughout the length and breadth of the Indian sub-continent.

The statue, the design of which was created by Gautam Pal, is a gift from the Indian Council for Cultural Relations (ICCR). The pedestal for the statue of Mahatma Gandhi is a block of new Imperial Red also known as Ruby Red a block originally weighing 25 tonnes reduced to a size of 9'x7'x3'4". It now weighs 16 tonnes.

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