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Stop EB1 C ABUSE and FRAUDULENT filing

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Respected President & Congress members,

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.

The following example illustrates the fallacy:
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.

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.

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.

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.

Request your help with this.
Thanking you in anticipation,

Employment Based Legal Immigrant Community

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Public Comments (9,505)
3 hours ago
Someone from Oakland, CA writes:
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https://www.quora.com/What-does-Kelly-Kinkade-think-about-EB1C-abuse http://forum.murthy.com/index.php?/topic/37396-eb1c-fraud-we-need-answers/ http://forum.murthy.com/index.php?/topic/68098-any-way-to-let-uscis-know-abuse-of-eb1c/ https://eb1cmanagerfraud.blogspot.com/ http://www.trackitt.com/usa-discussion-forums/i140/963717567/the-dirty-truth-about-eb1-c-petition http://www.trackitt.com/usa-discussion-forums/i485-eb/1660331903/cts-eb1c-frauds-all-around http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html http://www.qesehmk.org/forums/showthread.php/2318-Stop-EB1-Fraud http://ftp.trackitt.com/usa-discussion-forums/i140/1623784885/eb1c-green-card-revoked-for-fraud-finally-some-justice http://mindtaker.blogspot.com/2011/04/h1b-slavery-from-inside.html https://immigrationvoice.org/forum/archive/index.php/t-3095849.html http://immigrationroad.com/blog/potential-visa-retrogression-stirs-protest-against-eb1c/ https://www.youtube.com/watch?v=tXDtFdNqBTo http://forum.murthy.com/index.php?/topic/37396-eb1c-fraud-we-need-answers/ http://www.trackitt.com/usa-discussion-forums/i485-eb/1711596247/accenture-is-also-filing-fraud-eb1-c http://www.trackitt.com/usa-discussion-forums/i485-eb/955818779/if-you-know-fraud-eb1c-case-report-to-grassley-office
3 hours ago
Someone from Livermore, CA signed.
3 hours ago
Someone from Livermore, CA signed.
2 days ago
Someone from Henderson, NV writes:
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This definitely needs to be looked into because people who are working & lawfully living in US for many years and have all the right qualifications (education, experience, etc.) and significantly contributing to the US economy are being shortchanged because of this practice #Unfair The administration should not only stop this EB1C immediately but also review all the past GCs granted in this category.
2 days ago
Someone from San Jose, CA signed.
Apr 24th, 2017
Someone from San Jose, CA writes:
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As someone who worked through the ranks for 20 years in India - in product MNCs - on several of the technologies you are currently using to read/post this or connect to internet, rising to be a global product engineering leader in shipping many of the technologies that are world class - in the league of billions - i am truly frustrated as a EB1-C candidate. - WITCH ( Wipro, Infosys, TCS, CTS, HCL) companies have mastered their business - to send folks and earn money through whatever means they can exploit. - Being an on-site coordinator/account manager for your clients - doesn't qualify one for EB1-C or L1A. Period. - If you are working for a client - you are not a multi-national executive. Period. - If you are not at least drawing a salary of 200K+, you have reasons to be disqualified. Period. - Being responsible for P&L, direction for the product, being in line for the decisions you make - for the product, innovation, people and overall success is not what you can expect from a consulting / services firm manager. The stripes have to be earned, over long time - through sweat and failures. Either you cut it - or don't. Period. - How many of those EB1-C greened can hope to rise to be a Dir,Sr-Dir, VP-Engg in a software product company - thats what a real EB1-C category expects them to do. - Many fancied current titles don't mean much. What it means in hireability once you get greened - is what counts. There is a real world waiting. Please make a law that looks for minimum wages in EB1C/L1A - and have a qualitative check on the profiles.
Apr 24th, 2017
Someone from Ackley, IA signed.
Apr 23rd, 2017
Someone from San Diego, CA writes:
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Please stop EB1C abuse. Companies like TCS, CTS are bigtime misusing this as a shortcut to get faster greencards for mostly fake managerial candidates. Please suspend this category till an audit is done on already issued EB1C greencards for these companies and until clear steps in place on stopping further abuse.
Apr 21st, 2017
Someone from San Jose, CA signed.
Apr 20th, 2017
Someone from Reston, VA signed.