Stop EB1 C ABUSE and FRAUDULENT filing
Messages Sent So Far
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We would like to appraise you of a particular area of United States Immigration law that has a huge potential of fraud and misrepresentation along with being unfairly biased in favor of the people who choose to abuse it. We are talking about the Employment-based first preference category EB1C (International Managers). As you are already probably aware, the requirements for eligibility in that category is just a year of overseas managerial experience in a company that conducts business in both US and abroad. We are sure you will agree that compared to the fair and stringent requirements of EB1A (persons of exceptional ability) and EB1B (outstanding researchers), this is a rather simple qualification to prove. Moreover it opens up avenues for fraud and misrepresentation particularly by overseas companies doing business in USA to unfairly take advantage of this simple requirement.<br />
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The following example illustrates the fallacy:<br />
Person A (originally from India) has a US masters degree in a STEM field and works for a company in a managerial job that requires a Masters degree and a few years of experience. This person can only file in EB2 category which is badly backlogged.<br />
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Person B (originally from India) has a bachelors degree in a STEM field and works for a company in a job that requires a Bachelors degree and a few years of experience. This person can only file in EB3 category which is even more severely backlogged.<br />
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In contrast, Person C (originally from India) works as some manager (over a year) in an Indian software company that also conducts business in the USA. This person can file in EB1C and will get preference over Persons A & B. Please note that for Person C, educational qualifications are irrelevant as there is no such requirement and moreover they are determined by the employing company. So potentially a person with a high school diploma can qualify in that category, not to mention that the prospect of frauds opens up exponentially. Contrast this with EB1A (persons of exceptional ability) and EB1B (outstanding researchers). In terms of immigration preference, person C is considered at par with a Nobel Prize worthy scholar (EB1A) or a renowned Researcher in a STEM field (EB1B). I am sure you are able to see the fallacy easily.<br />
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With the recent measures taken to curtail fraud in programs like H1B, the perpetrators have increasingly turned to this EB1C category. We would like to request you to kindly take up the matter with the appropriate authorities about this issue and restore some parity in the above categories. Ideally the EB1C category should be abolished or downgraded to a lower preference category.<br />
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Request your help with this.<br />
Thanking you in anticipation,<br />
<br />
Employment Based Legal Immigrant Community
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Public Comments (9,884)
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Jan 12th at 4:02 pm
Someone
from Sunnyvale, CA
writes:
I have a Master Degree from top university, I have a Bachelor Degree in Engineering , I am certified Management professional, I earn $185K/year, managed teams in 3 different countries from US office. I am not eligible for EB-1, i have been waiting for my Green card on EB-2 category from 8 years.
My Friend is not an engineer, studied from a community college MBA, worked as a Delivery Manager/Program Manager in Foreign Country, no team under him, he came to USA on L1-A , earning $90k/year, filed Green Card under EB1 and got in less than 1 year. Is it fair????
why don't you check their salary? education qualification? Why international manager is so special compared to US managers? Not fair..
International Manager doesn't belong under EB1. It should allow only Executives VP and above. Also, company should have minimum 100 employees.
Please fix this fraud loophole and investigate all the Green cards issues under EB-1C category.
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Jan 12th at 8:24 am
Someone
from Sunnyvale, CA
writes:
Dear President,
I am an employee on H1b and I have graduated from one of the top 10 universities in US with Masters degree. While I wait for 8 to 10 years for GC on Eb2 it is unfair for people with lesser qualifications to get GC with EB1 by just having a manager experience outside the country. Kindly take a look at this issue and make sure the checks are in place to give GC to right candidates based on merit.
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1 day ago
Someone
from Orlando, FL
signed.
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1 day ago
Someone
from Allen, TX
writes:
Please stop the eb1c abuse by indian outsourcing companies such as - Infosys, Cognizant, TCS etc.
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1 day ago
Someone
from Spring Grove, IL
writes:
Cognizant abusing EB1 category is a open truth. These workers come to US and work as Level 1/Junior techs. .
I see this happening in my work place where our IT is outsourced to Cognizant.
But this is a trick used by immigration lawyers representing Cognizant.
They are made team leads/managers and they make a few people (even 1 person to report is enough) reporting to these individuals and later they come using L1 visa because they show he is a Manager of a multinational company.
But in reality, the actual job they do for the client is junior level or Level 1 jobs.
And exacly after a year they are filed for GC under EB1 category bypassing the LCA showing a letter that he is a manager and within 6 months or so he gets the GC.
This is fraud and they are gaming the system.
Low level/ very Junior Developers/DBAs working for the client getting their GC in months where as the real experienced individuals who applied in EB2 OR EB3 waiting for more than 10 years to get their GCs.
Infact, the so called EB1 applicant reports to a EB2 person who is an employee of the client.
How is this person qualified in EB1 category? How are Managers extraordinary? Tom Dick and Harry's are made Managers or team leads for the sole purpose of applying for their GCs using EB1 C.T
hey are gaming this stupid immigration system.
This fraud should stop as it is affecting genuine people waiting in line for years.
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2 days ago
Someone
from Grand Prairie, TX
writes:
Please stop the eb1c abuse by indian outsourcing companies such as - Infosys, Cognizant, TCS etc. There are many genuine candidates waiting in eb2 and eb3 category for more than a decade but many ineligible candidates in eb1c get GC in 6 months.
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2 days ago
Someone
from Sunnyvale, CA
writes:
Graduates from US Universities are being sidelined by these "managers" with no good education. Please prioritize GC for US educated students and workers.
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2 days ago
KAR
R.
from Iselin, NJ
writes:
Please give priority for employment based GC to those who are graduates from US and who gave been working here for atleast 5 years.
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2 days ago
from Cary, NC
writes:
Please stop the fraudulent abuse of eb1 visa so the eb2 backlog is cleared and more eligible people in eb2 category can get their green card.
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2 days ago
Someone
from Woodbridge, NJ
signed.
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