EB1C Laws have been written loose
favoring EMPLOYERS with office abroad and in United States.
Indian IT Outsourcing companies found this Grand Canyon of the loop hole
Exploitation of the Loop hole is rampant since outsourcing of the IT jobs began, but has accelerated since 2011.
Saying H-1b is the Fraud is just plain Naive. (Please read below posts). How can H1b with 10-15 years of USA corporation work experience / clean Record be Fraud ? More scrutiny should be done for new cases.
H1B doesn't give any permanent rights to the Alien specially right to call America Home, EB1C can replace workers permanently and is replacing whole department.
H-1b vs EB1C
Criteria
|
H1b
|
Eb1C
|
Annual Cap Counted
|
YES
|
Virtually No as It's top of the GC hierarchy, based of Employer's word) Mostly Outsourcing companies
|
Salary Test
|
YES
|
No
|
Minimum Education
|
YES
|
No
|
Minimum Salary by Employer
|
YES
|
No
|
US Market Test
|
YES
|
No
|
Public notice Needed
|
YES
|
No
|
Leads to
|
Alien
Status
|
Permanent
Resident Status
|
Scrutiny
|
YES
(at all steps of renewal)
|
No
(Just one time)
|
Visa Validity
|
Max
3-6 years
(extensible
based of Green card pending)
|
Permanent
|
Time to get Green Card (Permanent Residency)
|
15-20
Years
(If
Filed under EB-2 / EB-3)
EB=Employment
Based
|
Average
3 Months to 9 Months
|
Primarily Used by
|
-
INDIAN Outsourcers
-
Large American Corporations
-
Mid size American Owned companies
-
Small American Owned companies
|
-
INDIAN Outsourcers
-
US Multi-National companies mainly development offices in INDIA
|
EB1C is the real game changer for US Workers
America is importing so called Managerial professionals directly and handing off Green Cards on platter.
How EB1C is dangerous:
- EB-1C Laws are biased towards EMPLOYER's word as Gospel of Truth
- Every developer, tester, business analyst owns A module, code, test cases, documentation, project deliverable, piece of the Product etc.
- Companies present Alien worker to USCIS as FUNCTIONAL MANAGER (of module, code, test case, documentation, project deliverable, piece of the Product etc.)
- USCIS as per Law do not verify SALARY, and does not perform any TEST of American Job market.
- Person is fast tracked on the Green card (in the same category as Nobel Prize Winners/Olympians) and becomes resident in 6-9 months after OUTSOURCING COMPANY petitions for employee.
- Cycle repeats for more employees
Link for EB1C Law: (VERY Loosely Framed, SHAMEFULLY Exploited by INDIAN Outsourcing companies).
Link of the Eb1C Rule/Law: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-12632/0-0-0-13411.html
6 comments:
Compare very high standards for EB1A & EB1B to the no standards for EB1C.
EB1C abuse is happening just as intended by USCIS rules.
Most of the Cognizant EB1Cs are fraud. They manipulate the Org Chart, Roles, Salary to apply under EB1C. I work for Cognizant and I am seeing this all around.
They (Cognizant) are running a fast track train of Green card for their selfish benefit. This steal is solely based on LIES and exploitation of laws favoring companies.
pushing future of 500,000 Indians into gutter (who are in Limbo and permanent wait since last 8-20 years).
Please go ahead send your complaints to below
You should consider reporting waste, fraud, abuse, or mismanagement elsewhere as well, if you have not already done so. Confidential, protected whistleblower disclosures can also be made to:
· the Office of Special Counsel (https://osc.gov/pages/file-complaint.aspx)
· the Office of the Inspector General for the Department of Justice (http://www.justice.gov/oig/hotline/), or
· the office of inspector general at another relevant agency (https://www.ignet.gov/contact-us).
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