US announces measures to detect H-1B visa fraud and abuse

April 4, 2017

Washington, Apr 4: The US today announced multiple measures to "deter and detect" what it described as "fraud and abuse" of H-1B work visas, the most sought after by Indian IT firms and professionals.

h1bThe announcement by the US Citizenship and Immigration Services (USCIS) comes on a day on which the federal agency started accepting applications for H-1B visas for the fiscal year beginning October 1, 2017.

The USCIS announcement indicated that the US government is going to be tough and stringent in approval of H-1B visas this year.

The USCIS has a Congressional mandate to issue 65,000 H-1B visas in general category and another 20,000 for those applicants having higher education – masters and above -- from US universities in the field of science, technology, engineering and mathematics.

Asserting that its multiple measures announced today will further "deter and detect H-1B visa fraud and abuse", the USCIS said the H-1B visa programme should help US companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country.

"Yet, too many American workers who are as qualified, willing and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for the USCIS," a statement said. The USCIS also announced the launch of a email helpline against abuse and fraud of H-1B visas. The USCIS will now onwards take a more targeted approach when making site visits across the country to H-1B petitioners and the work sites of H-1B employees.

The USCIS will focus on cases where it cannot validate the employer's basic business information through commercially available data; H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to US workers, as defined by statute); and employers petitioning for H-1B workers who work off-site at another company or organisation's location.

Targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B programme may be more likely to occur, and determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit US workers, a media release said.

Noting that it will continue random and unannounced visits nationwide, USCIS said these site visits are not meant to target non-immigrant employees for any kind of criminal or administrative action but rather to identify employers who are abusing the system. "Employers who abuse the H-1B visa programme negatively affect US workers, decreasing wages and job opportunities as they import more foreign workers," it said.

"To further deter and detect abuse, USCIS has established an 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," it said.

The H1B visa is a non-immigrant visa that allows American firms to employ foreign workers in occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year. During his election campaign, President Donald Trump had promised to increase oversight of our H-1B and L-1 visa programmes.

Meanwhile, the US Department of Justice issued a stern warning to companies filing applications for H-1B work visas for high-tech workers not to discriminate against Americans. "The Justice Department will not tolerate employers misusing the H-1B visa process todiscriminate against US workers," said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division.

The anti-discrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against US workers because of their citizenship or national origin in hiring, firing and recruiting. "Employers violate the INA if they have a discriminatory hiring preference that favours H-1B visa holders over US workers," the Justice Department said in a statement.

"US workers should not be placed in a disfavoured status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims," Wheeler warned. H-1B visa programme allows companies in the US to temporarily employ foreign workers in speciality occupations such as science and information technology. Indian IT giants like TCS, Infosys and Wipro are among the major beneficiaries of H-1B visas.

The Department of Justice said applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing or recruitment or referral, should contact Civil Right Division's Immigrant and Employee Rights Section (IER).

The White House also warned against abuse and fraud of H-1B visas by companies. "The Trump Administration will be enforcing laws protecting American workers from discriminating hiring practices," White House Press Secretary Sean Spicer told reporters at his daily news conference. Today opens the application process for this year's H-1B visas, he said.

"The President has spoken about the H-1B visa program in the past," he added. "The White House acknowledges that there are issues with the programme as it currently stands. However, there are several laws that are on the books that went unenforced in the previous administration," Spicer said.

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Agencies
May 4,2020

Washington, May 4: Anxious for an economic recovery, President Donald Trump fielded Americans' questions about decisions by some states to allow nonessential businesses to reopen while other states are on virtual lockdown due to the coronavirus.

After more than a month of being cooped up at the White House, Trump returned from a weekend at the Camp David presidential retreat in Maryland and participated in a “virtual” town hall, hosted Sunday night by Fox News Channel, from inside the Lincoln Memorial.

He pushed for an economic reopening, one his advisers believe will be essential for his reelection chances this November.

“We have to get it back open safely but as quickly as possible," Trump said.

The president acknowledged fear on both sides of the issue, some Americans worried about getting sick while others are concerned about losing jobs.

Though the administration's handling of the pandemic, particularly its ability to conduct widespread testing, has come under fierce scrutiny, the president defended the response and said the nation was ready to begin reopening.

“I'll tell you one thing. We did the right thing and I really believe we saved a million and a half lives,” the president said.

But he also broke with the assessment of his senior adviser and son-in-law, Jared Kushner, saying it was “too soon to say" if the federal government was overseeing a “success story."

Trump's impatience also flashed. While noting that states would go at their own pace in returning to normal, with ones harder hit by the coronavirus going slower, he said that “some states frankly I think aren't going fast enough" and singled out Virginia, which has a Democratic governor and legislature.

And he urged the nation's schools and universities to return to classes this fall.

But many public health experts believe that cannot be done safely until a vaccine is developed.

Trump declared Sunday that he believed one could be available by year's end although his own pandemic task force has predicated it could be another 18 months.

Federal guidelines that encouraged people to stay at home and practice social distancing expired late last week.

Debate continued over moves by governors to start reopening state economies that tanked after shopping malls, salons and other nonessential businesses were ordered closed in attempt to slow a virus that has killed more than 66,000 Americans, according to a tally of reported deaths by Johns Hopkins University.

The U.S. economy has suffered, shrinking at a 4.8 per cent annual rate from January through March, the government estimated last week. It was the sharpest quarterly drop since the 2008 financial crisis.

Roughly 30.3 million people have filed for unemployment aid in the six weeks since the outbreak forced employers to shut down and slash their workforces. It was the worst string of layoffs on record.

Larry Kudlow, Trump's top economic adviser, on Sunday predicted a “spectacular 2021” — with “the right set of policies” — on top of a rebound from July through December of this year.

He said on CNN's "State of the Union" that the administration would "pause” to review the effectiveness of trillions in economic relief spending before making any decision on whether additional aid is needed.

House Speaker Nancy Pelosi, D-Calif., said Thursday that state and local governments are seeking up to USD 1 trillion for coronavirus costs, The Senate planned to reopen Monday, despite the Washington area's continued status as a virus hot spot and with the region still under stay-at-home orders.

The House remains shuttered. The pandemic is forcing big changes at the tradition-bound Supreme Court: The justices will hear arguments, beginning Monday, by telephone for the first time since Alexander Graham Bell patented his invention in 1876.

Congressional Republicans are resisting calls by Democrats for emergency spending for states and local governments whose revenue streams all but dried up in recent weeks.

The GOP is counting on the country's reopening and the rebound promised by Trump as their best hope to forestall another big round of virus aid.

The leaders of California and Michigan are among governors under public pressure over lockdowns still in effect while states such as Florida, Georgia and Ohio are reopening.

Michigan Governor Gretchen Whitmer, a Democrat, said Sunday that the armed protesters who demonstrated inside her state's Capitol “depicted some of the worst racism” and “awful parts” of US history by showing up with Confederate flags, nooses and swastikas.

Trump had tweeted “LIBERATE” and named Michigan and other states in mid-April. In a new tweet Friday, he urged Whitmer to “make a deal” with the protesters. “These are very good people, but they are angry.

They want their lives back again, safely!” Trump said.

Despite the opposition of Michigan's Republican-controlled Legislature, Whitmer has extended a state of emergency declaration and directed most businesses statewide to remain closed.

Some people participating in other public protests across the US have not kept their distance from one another and have rallied without masks, not heeding public health recommendations.

Deborah Birx, coordinator of the White House coronavirus task force, called that behavior “devastatingly worrisome.”

She said people will feel guilty for the rest of their lives if they end up infected and unwittingly spread the virus to vulnerable family members.

“We need to protect each other at the same time we're voice our discontent,” she told CNN's “State of the Union.”

An overwhelming majority of Americans support stay-at-home orders and other efforts to slow the virus' spread, according to a recent survey from The Associated Press-NORC Center for Public Affairs Research.

Asked about states that are reopening before they meet benchmarks laid out in federal guidelines she helped write, Birx said the guidelines “are a pretty firm policy of what we think is important from a public health standpoint.”

She added that she and others have made it clear that people must continue practising social distancing, “scrupulous” hand washing and other measures to protect themselves and others.

Fox News Channel said it asked viewers to submit questions about reopening the country on the network's Twitter, Facebook and Instagram accounts for a chance to appear on the rare broadcast from the Lincoln Memorial. Trump spoke from the memorial's steps last July Fourth.

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Agencies
August 1,2020

Mexico City, Aug 1: The number of people, who have died of COVID-19 in Mexico, has risen by 688 to 46,688 within the past 24 hours, Deputy Health Minister Hugo Lopez-Gatell said.

The number of victims in Mexico is now higher than in the United Kingdom, where 46,119 people have died of the disease. The largest number of fatalities - 153,311 - has been recorded in the United States, while Brazil comes second with 92,475 deaths.

Lopez-Gatell also said on late Friday that the number of confirmed coronavirus cases had increased by 8,458 to 424,637 over the past day.

A day earlier, the Latin American nation recorded 7,730 new cases of the coronavirus, with 639 fatalities.

The World Health Organisation (WHO) declared the COVID-19 outbreak a pandemic on March 11. To date, over 17.5 million people have been infected with the coronavirus worldwide, with over 677,000 fatalities, according to Johns Hopkins University.

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News Network
June 26,2020

Washington, Jun 26: The US is reviewing its global deployment of forces to ensure it is postured appropriately to counter the People's Liberation Army, given the increasing threat posed by China to Asian countries like India, Malaysia, Indonesia, and the Philippines, Secretary of State Mike Pompeo said on Thursday.

Mr Pompeo made those remarks in response to a question during the virtual Brussels Forum 2020 of the German Marshall Fund.

"We're going to make sure we're postured appropriately to counter the PLA. We think that the challenge of our times, and we're going to make sure we have resources in place to do that," Mr Pompeo said.
 
The force posture review is being done at the direction of President Donald Trump, as part of which the US is reducing the number of its troops in Germany from about 52,000 to 25,000, he said.

Mike Pompeo said that the force posture would be dictated by the ground realities.

"In certain places there will be fewer American resources. There'll be other places - I just talked about the threat from the Chinese Communist Party, so now threats to India, threats to Vietnam, threats to Malaysia, Indonesia, South China Sea challenges, the Philippines," he said.

"To the extent that that changed, the difference in what the US decided to do impacts adversely a threat some place, it may be that other nations need to step up and take responsibility for their own defense in ways that they hadn't done previously. So, we want to do this in full consultation with all of our partners all around the world, and certainly our friends in Europe," Mr Pompeo said.

President Trump is being criticised for reducing troops from Germany. His critics say that this will increase the threat from Russia to Europe.

Mike Pompeo, however, did not agree with that argument.

It has been a long time since there has been a strategic review of our force posture all across the world. The US undertook that starting about 2.5 years ago, whether that was our forces in Africa, our forces in Asia, the force we have in the Middle East and in Europe, he said.

"We began to say these are often decisions that were made in a different time. Should we reallocate those a different way? Should we have a different composition of those forces? Everyone always wants to talk about ground troops. I get it. I was a young tank officer. You described that. There's nothing I like as much as a good M1 tank.

"But it's often the case that the capacity to deter Russia or other adversaries isn''t determined any longer by just having a bunch of folks garrisoned someplace. So, we really went to back fundamentally relook, what is the nature of the conflict, what''s the nature of the threat, and how should we allocate our resources, whether that''s our resources in the intelligence community, our resources from the Air Force or the Marines and Army," Mr Pompeo said.

Last week, Mike Pompeo criticised the Chinese Army for "escalating" the border tension with India and militarising the strategic South China Sea. He also described the ruling Communist Party of China (CPC) as a "rogue actor".

"Our broad set of allocation of security apparatus, our ability to counter cyber threats, how do we allocate them? What''s the best way to do this? And the decision that you see the president made with respect to Germany is an outcome from a collective set of decisions about how we''re going to posture our resources around the world," said the top American diplomat on Thursday.

Changes in force posture is being taken in consultations with allies and friends, Mr Pompeo said.

"President Trump has spoken to this. (Defense) Secretary (Mark) Esper will be in London today and in Brussels tomorrow. We''ll talk about our plan and how we''re thinking about delivering it," he said.

"But you should understand this, and I hope our European partners will understand this as well. When you see what we ultimately conclude, how we ultimately deliver on the statements of the president made, that they''re aimed squarely at what we believe to be democracies'' fundamental interest and certainly America's most fundamental interest," Mr Pompeo said.

Earlier this month, Mike Pompeo had said that China's actions, be it on the India border, or in Hong Kong or in the South China Sea, were part of the behaviour of the ruling Communist Party in Beijing in the recent past.

China has been fast expanding military and economic influence in the Indo-Pacific region, triggering concern in various countries of the region and beyond.

China is engaged in hotly contested territorial disputes in both the South China Sea and the East China Sea. Beijing has built up and militarised many of the islands and reefs it controls in the region. Both areas are stated to be rich in minerals, oil and other natural resources and are vital to global trade.

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