Carl Krawitt, a former contractor for Infosys and Apple, claimed in his lawsuit that the firms conspired to get around the problem of obtaining hard-to-get and relatively costly H-1B visas for two Indian workers — allegations Apple already has denied. Krawitt claimed the companies fraudulently acquired B-1 visas, which are intended for temporary business visitors, by telling the U.S. government in “invitation letters” that the Indian nationals were coming for a business meeting when they were actually arriving to train about 75 Apple workers in a six-week program.
Between 2010 and 2013, Wright State reportedly entered into sponsored research contracts with a privately held, Dayton-based software company called Webyoga, Inc.
Per the contracts, Wright State was supposed to employ software engineers, obtain H-1B visas for the employees, and pay their respective salary and benefits as employees of the university.
The H-1B visa program allows U.S. companies to temporarily employ foreign workers for occupations that require highly specialized knowledge and a bachelor’s or higher degree in a specific specialty.
Wright State employed 24 foreign employees who were selected and approved by Webyoga through H-1B visas. The university used their “cap exempt” status to apply for the visas, meaning they have higher limits on the number of H-1B visas they are allowed to obtain.
A signed employment offer letter was submitted, stating the visa employee would be working for the university and under the supervision of university employees.
Wright State failed to mention that the employees would actually be working for Webyoga, even specifying that the visa employees would not be working offsite but would physically be working on the school’s Fairborn campus.
Rather than develop the software programs named in the contracts, the visa employees worked as consultants on behalf of Webyoga in cities such as Atlanta, Orlando, and New York City.
Wright State then invoiced Webyoga for more than $1.8 million for the fees associated with the employees’ visas, salaries, benefits, and administrative costs.
Two Defendants Sentenced to Prison For Roles in Alien Harboring Scheme Involving Labor Exploitation of Domestic Servant
Defendants Michael Wood, 54, and Mary Wood, 46, of Mullica Hill, New Jersey, were sentenced yesterday in federal court to 20 months in prison and ordered to pay $46,320 in restitution to the victim in this case. A jury convicted both defendants of harboring an alien for financial gain and conspiracy to harbor an alien on June 6, 2017. Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division and Special Agent in Charge Marlon V. Miller of Homeland Security Investigations (HSI) Philadelphia announced the sentences.
According to evidence presented in court and other court documents, in August 2005, the defendants recruited a young Kenyan woman to care for their minor children in New Jersey and arranged for her to enter the United States illegally using a fraudulent British passport. The defendants required the victim to perform domestic work and childcare at their home seven days a week, paying her a mere $200 a month. To conceal the victim’s immigration status from authorities, the defendants prohibited her from leaving their house, except to walk the children to school, and instructed her not to talk to anyone outside of the house and defendants’ family. In June 2006, members of defendant Mary Wood’s family moved the victim to their homes, where they continued to harbor her and exploit her domestic labor, until the victim managed to leave in 2011.
“The defendants exploited the domestic labor of a young Kenyan woman, for minimal pay, circumventing immigration law,” said Assistant Attorney General Eric Dreiband. “Today’s sentences demonstrate the Department of Justice’s commitment to seeking justice for vulnerable individuals across the country and holding defendants who commit these despicable and unconscionable crimes accountable.”
“The sentencing of Mr. and Mrs. Wood emphasizes the severity of crimes that oppress victims of unconscionable domestic labor practices,” said Special Agent in Charge Marlon V. Miller, HSI Philadelphia. “Homeland Security Investigations vigorously pursues those who take advantage of vulnerable victims of forced servitude for their own personal gain. This case again underscores the importance of educating the public on these schemes, seeking justice for victims and holding violators accountable.”
Six additional defendants, including members of defendant Mary Wood’s family who harbored the victim from 2006 to 2011, previously pleaded guilty in the Eastern District of Pennsylvania and were sentenced for their roles in the continuing alien harboring and labor exploitation scheme. The defendants were also ordered to pay more than $233,000 in combined restitution to the victim.
The case was investigated by ICE Homeland Security Investigations Philadelphia and prosecuted by Trial Attorneys Anita Channapati and Shan Patel of the Civil Rights Division’s Criminal Section and Human Trafficking Prosecution Unit.
Your response was clear: yes. Some 66 percent of respondents to our survey want tech pro unionization.
The tech industry is in great shape. A choice to form a union is not a Hoffa-esque call to arms. Instead, it represents a protection of what tech pros already have. We’re seeing salary levels hit a ceiling, and a field of developers who don’t feel valued at their job.
If you wanted signs that things are potentially boiling among tech pros, look no further than Google. It was only after a blockbuster New York Times article and a worldwide walkout amongst its staff that the search-engine giant ended mandatory arbitration for reported sexual harassment. The 20,000-strong walkout wasn’t blind anger, though: the staff had demands, one of which was the end to arbitration for sexual harassment claims.
In an article for The Cut, those walkout leaders paint a picture of an employee corps petrified of action for fear of retaliation. If the New York Times piece was the first domino, the loosening of arbitration was second – and they want more to fall.
Questions? We’re here to help.
We are committed to helping you understand your rights as a worker. Many questions about your rights may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:
U.S. workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse may choose to email the United States Citizenship and Immigration Services (USCIS). You can also report allegations of H-1B violations by submitting Form WH-4 to the Labor Department’s Wage and Hour Division (WHD). For additional assistance, please contact:
- WHD: 1-866-4-US-WAGE (1-866-487-9243)
- IER: 1-800-255-7688 or firstname.lastname@example.org
- USCIS: ReportH1BAbuse@uscis.dhs.gov
Interpretation is available in many languages.
The current unemployment rate has dipped all the way down to 3.7%. This is because so many Americans have fallen completely out of the labor market. There are now 95.9 million people not in the labor force, an increase of 6.1 million from April 2013. About 55 million of those not in the labor force are between the ages of 18 and 65. The labor participation rate is down to 62.9% and shows no signs of rebounding to a healthy level.
Many people believe that since they are not tech workers, what is happening in the tech industry via ageism and companies like InfoSys, Tata and Cognizant, among others who refuse to hire Americans in America will not happen to them.
They are mistaken.
If you look at the last column to the right, you will see that 59.53% of all H-1B applications were for Computer and Mathematical Jobs.
But, if you will dig deeper, you quickly realize that:
- 9.29% were for Business and Financial Operations.
- 7.83% were for Architecture and Engineering
- 5.79% were for Life, Physical and Social Science
- 5.19% were for Healthcare Practitioners and Technical
- 4.24% were for Management
Add all of that together and you quickly realize that 91.87% of all H-1B applications from 2009 till 2015 were for 21.33% of the total jobs America had in 2015
Some will say that this does not matter because there are still 78.67% of jobs remaining in America.
And to an extent, they are right if they do not want to build a better life for themselves other than the one they were born in too.
Simply because, if you study 5th column in that spreadsheet, you quickly realize those are the best paying jobs that America had in 2015 and the ones that you need if you want to afford the finer things in life like a house, car, etc.
Infosys in May 2017 said it would hire 10,000 American workers by 2019 and the company has already hired over 6,200 of them since it made this people announcement.
Infosys’ investment in Texas reinforces the company’s commitment to driving digital transformation for American enterprises by leveraging local talent alongside the best global talent. These new Texas employees will include recent graduates from the state’s prestigious network of colleges, universities and community colleges who will benefit from upskilling through Infosys’ world-class training curriculum, said the company here on Wednesday.
Pravin Rao, Chief Operating Officer, Infosys said, “Digital is rapidly changing every industry, and our new innovation and tech hubs will allow us to co-locate, co-innovate and co-create alongside our clients.”
Commenting on this development, Texas Governor Greg Abbott said, “Infosys’ expanded investment in Texas is fantastic news for our state and will provide Texans with the training and skills they need to compete in today’s technology-driven economy. Every Texan should have the opportunity to advance economically, and we thank Infosys for helping even more Texans become part of the workforce for the future.”
Joyner focuses on Global Teachers Research and Resources, a Jonesboro company that brings teachers to Georgia and is the target of a federal investigation into alleged unfair labor practices. The chief operating officer is state Rep. Mike Glanton, D-Jonesboro, a member of the House Education Committee.
DeKalb’s reliance on foreign teachers concerns school board member Marshall Orson. It should concern the entire board now that Joyner has detailed some of the questionable practices.
He found Global teachers without jobs were made to pay expenses federal visa regulations require employers to pay. And some teachers told Joyner they pay an “administrative fee” — up to 10 percent — out of their paycheck to company, which also receives between $10,000 and $11,500 per teacher from school districts every year.