Stop EB1 C abuse , EB1 C abuse replacing/damaging around 40,000 American workers Permanently yearly
Respected Dear Sir,
We request you, as per Buy American policy & Hire American policy, please make sure and get the rules created/implemented, investigated and verified to make sure EB1 Category is not abused. H1B abuse being well addressed, but we would like to make bring your attention of “EB1 C” permanent residency visas which is more dangerous to all American workers (not just IT/STEM) than H1B abuse. EB1 (extra ordinary) category awards 40,000 permanent residency visas annually in which majority used up by EB1 C.
With the recent measures taken to curtail fraud in programs like H1B, the perpetrators have increasingly turned to this EB1C category. But unfortunately no body is noticing it.
Some 200 American Workers were replaced in Southern California Edison because it's IT project was taken over by TCS in 2015. And at Disney 100+ American Workers were replaced by Cognizant. TCS and Cognizant etc. are using EB1 C not just H1B. These MNCs were able to replace these American workers with EB1 C green card applicants (not just H1B abuse). EB1 C means multinational managers. But 80% of the EB1 C Green card holders are not actually managers. They are just senior software developers/architects but on the paper or designation they are multinational managers.
We request you to please understand that the EB 1C abuse is being more dangerous than H1B abuse. The EB1 C gives permanent residency. That means an EB1 C GC person can replace any American Worker permanently and his spouse & children can work/replace any American worker not just the specialty jobs like COMP/STEM. The EB1 C applicant once received GC, he and his family can replace any hard working American like in Walmart or any job. EB1 C visa is permanent need not be renewed. Whereas H1 B is temporary,
As an example, we would like to bring your attention the EB-1 C category abuse especially on those granted or applied for Indian nationals. Please note that the numbers of EB1 C green cards that are granted for last 7 years to Indian Nationals on Managerial or executive category are of around 80,000 as per USICS Statistics. It is surprising that, even in India; there will not be requirement of 80,000 international Managers or executives in Information Technology. There are still EB1 C 20,000 applications pending from India. It makes suspicion that whether these 80,000 from India or around 3, 00,000 EB1 C greens award holders are really international managers/executives/department heads.
• These MNCs are basically consultancy (out sourcing) companies (Not Product Based companies). These companies do not have their own business here.
• They MNCs are applying & getting EB1 C greens cards to coordinate Client’s Onsite and off-shore projects/Team. Whereas those projects are temporary. This is not definitely the intention of EB1 C law.
• As H1 B abuse is being restricted, these MNCs are making someone in India as Manager for one year and then shuffling paper work here to get EB1 C green card so easily to replace American workers permanently.
• Once EB1 C is granted, these EB1 C applicants from these MNCs are working at client places just like regular consultants/architects/Junior-Mangers. Dear Sir, please note that these EB1 C managers are working at Client location not original Employer office.
• Honorable sir, the client’s project/Team shown in EB1 C paper work is a Temporary. All project/contracts in USA are always temporary. But EB1 C visa is permanent and that EB1 C GC holder & his family can replace any worker in America.
• EB 1 C need not have PERM. Just company affidavit is enough. These MNCs are using this loophole.
• Their salary being just 75K to 95k.
• This fraud is mostly happening from Cognizant, TCS, Infosys, and Wipro etc. Almost all of them had history of abusing law especially TCS and Cognizant.
• Whereas other categories like EB5 etc. needs to provide employment for minimum 10 American citizens with 1 million dollars investment. In such a case should these EB1 C managers should get their GC only after employment is created for at 5 to 10 American citizens.
Kindly please note that the above is just example on EB1 C Indian nationals, but it is epidemic in worldwide category EB1. Respectfully, we would like to again bring your attention that yearly 40,000 EB1 permanent visas being awarded on extraordinary capability and majority being EB1 C.
• May be worldwide annually around 25,000 EB1 C visas are being given on manager’s quota. Are these EB1 C managers supposed to work at Employer premises not at client offices which are actually temporary (the maximum being just 2 years or in rare cases 3 years)?
• Should an EB1 C manager have at least 5 employees reporting him/her in USA? In such a case, are these MNCs are creating minimum 125K new employment per year here in USA.
• Are these MNC companies have been recruiting minimum 80K new American citizens at least annually. If not why there is so much demand for EB 1 C Executive Managers quota especially from Indian nationals and other etc...
Since getting law passed may be difficult, but the existing law can be implemented with strict rules and verification.
• If any MNC is applying for new EB1 C, please see that how many “EB1 C” visas were already granted and whether they are really working as international executives/managers with ability to fire/hire employees.
• As client’s project is always a Temporary, if EB1 C applicant is for a client’s project/account ,that application should not be qualified .
• The Consultancy/out sourcing/body shopping companies like TCS, Cognizant, Infosys and etc. should not be allowed for EB1 C as these are not product based companies and their business for them here in USA is always temporary projects from clients. And those projects may or may not get renewed.
• EB1 C manager salary should around 250K to 300K.
When EB1 law was written, there was no information technology offshore-onsite model and no internet etc. Law makers created EB1 (i.e. a persons with extraordinary ability with international recognition for example like an Oscar award, Olympic Medal or Nobel Prize etc.). The law makers intention was to give EB1 C visa to give top notch organization heads/executives/managers with international recognition (traveling weekly internationally) on par with EB1 A and EB1 B (Nobel Prize/Olympic medal/Oscar ward winners) with extraordinary ability. Not to a consultancy company coordinator position for a client temporary project.
Please look into investigating and verification of EB1 C green card granted to MNCs in huge number. Please send notices whether those granted EB1 C are really performing as international managers with hire and fire powers and whether the new employment generated here in USA based on the EB1 C green cards awarded so far etc..
We would like to request you to kindly take up the matter with the appropriate authorities on this issue and restore some parity in the above categories.
Please kindly note that H1 B is actually a temporary visa, but EB1 C is permanent residency which is hurting much more to Buy American and hire American policy.
Request your help with this.
Thanking you in anticipation,
We request you, as per Buy American policy & Hire American policy, please make sure and get the rules created/implemented, investigated and verified to make sure EB1 Category is not abused. H1B abuse being well addressed, but we would like to make bring your attention of “EB1 C” permanent residency visas which is more dangerous to all American workers (not just IT/STEM) than H1B abuse. EB1 (extra ordinary) category awards 40,000 permanent residency visas annually in which majority used up by EB1 C.
With the recent measures taken to curtail fraud in programs like H1B, the perpetrators have increasingly turned to this EB1C category. But unfortunately no body is noticing it.
Some 200 American Workers were replaced in Southern California Edison because it's IT project was taken over by TCS in 2015. And at Disney 100+ American Workers were replaced by Cognizant. TCS and Cognizant etc. are using EB1 C not just H1B. These MNCs were able to replace these American workers with EB1 C green card applicants (not just H1B abuse). EB1 C means multinational managers. But 80% of the EB1 C Green card holders are not actually managers. They are just senior software developers/architects but on the paper or designation they are multinational managers.
We request you to please understand that the EB 1C abuse is being more dangerous than H1B abuse. The EB1 C gives permanent residency. That means an EB1 C GC person can replace any American Worker permanently and his spouse & children can work/replace any American worker not just the specialty jobs like COMP/STEM. The EB1 C applicant once received GC, he and his family can replace any hard working American like in Walmart or any job. EB1 C visa is permanent need not be renewed. Whereas H1 B is temporary,
As an example, we would like to bring your attention the EB-1 C category abuse especially on those granted or applied for Indian nationals. Please note that the numbers of EB1 C green cards that are granted for last 7 years to Indian Nationals on Managerial or executive category are of around 80,000 as per USICS Statistics. It is surprising that, even in India; there will not be requirement of 80,000 international Managers or executives in Information Technology. There are still EB1 C 20,000 applications pending from India. It makes suspicion that whether these 80,000 from India or around 3, 00,000 EB1 C greens award holders are really international managers/executives/department heads.
• These MNCs are basically consultancy (out sourcing) companies (Not Product Based companies). These companies do not have their own business here.
• They MNCs are applying & getting EB1 C greens cards to coordinate Client’s Onsite and off-shore projects/Team. Whereas those projects are temporary. This is not definitely the intention of EB1 C law.
• As H1 B abuse is being restricted, these MNCs are making someone in India as Manager for one year and then shuffling paper work here to get EB1 C green card so easily to replace American workers permanently.
• Once EB1 C is granted, these EB1 C applicants from these MNCs are working at client places just like regular consultants/architects/Junior-Mangers. Dear Sir, please note that these EB1 C managers are working at Client location not original Employer office.
• Honorable sir, the client’s project/Team shown in EB1 C paper work is a Temporary. All project/contracts in USA are always temporary. But EB1 C visa is permanent and that EB1 C GC holder & his family can replace any worker in America.
• EB 1 C need not have PERM. Just company affidavit is enough. These MNCs are using this loophole.
• Their salary being just 75K to 95k.
• This fraud is mostly happening from Cognizant, TCS, Infosys, and Wipro etc. Almost all of them had history of abusing law especially TCS and Cognizant.
• Whereas other categories like EB5 etc. needs to provide employment for minimum 10 American citizens with 1 million dollars investment. In such a case should these EB1 C managers should get their GC only after employment is created for at 5 to 10 American citizens.
Kindly please note that the above is just example on EB1 C Indian nationals, but it is epidemic in worldwide category EB1. Respectfully, we would like to again bring your attention that yearly 40,000 EB1 permanent visas being awarded on extraordinary capability and majority being EB1 C.
• May be worldwide annually around 25,000 EB1 C visas are being given on manager’s quota. Are these EB1 C managers supposed to work at Employer premises not at client offices which are actually temporary (the maximum being just 2 years or in rare cases 3 years)?
• Should an EB1 C manager have at least 5 employees reporting him/her in USA? In such a case, are these MNCs are creating minimum 125K new employment per year here in USA.
• Are these MNC companies have been recruiting minimum 80K new American citizens at least annually. If not why there is so much demand for EB 1 C Executive Managers quota especially from Indian nationals and other etc...
Since getting law passed may be difficult, but the existing law can be implemented with strict rules and verification.
• If any MNC is applying for new EB1 C, please see that how many “EB1 C” visas were already granted and whether they are really working as international executives/managers with ability to fire/hire employees.
• As client’s project is always a Temporary, if EB1 C applicant is for a client’s project/account ,that application should not be qualified .
• The Consultancy/out sourcing/body shopping companies like TCS, Cognizant, Infosys and etc. should not be allowed for EB1 C as these are not product based companies and their business for them here in USA is always temporary projects from clients. And those projects may or may not get renewed.
• EB1 C manager salary should around 250K to 300K.
When EB1 law was written, there was no information technology offshore-onsite model and no internet etc. Law makers created EB1 (i.e. a persons with extraordinary ability with international recognition for example like an Oscar award, Olympic Medal or Nobel Prize etc.). The law makers intention was to give EB1 C visa to give top notch organization heads/executives/managers with international recognition (traveling weekly internationally) on par with EB1 A and EB1 B (Nobel Prize/Olympic medal/Oscar ward winners) with extraordinary ability. Not to a consultancy company coordinator position for a client temporary project.
Please look into investigating and verification of EB1 C green card granted to MNCs in huge number. Please send notices whether those granted EB1 C are really performing as international managers with hire and fire powers and whether the new employment generated here in USA based on the EB1 C green cards awarded so far etc..
We would like to request you to kindly take up the matter with the appropriate authorities on this issue and restore some parity in the above categories.
Please kindly note that H1 B is actually a temporary visa, but EB1 C is permanent residency which is hurting much more to Buy American and hire American policy.
Request your help with this.
Thanking you in anticipation,
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