H1B Visa Program Declared Unconstitutional

[de officiis]

Ninth Circuit Rules H1B Visa Program Violates 13th Amendment

In a surprise reversal of a District Court, the Ninth Circuit Court of Appeals in what is likely to be a landmark decision ruled that the H1B Visa Program, an temporary worker policy of the United States Government, enacted to allow relaxed work permits of needed high-tech foreign workers, violated the 13th Amendment to the U.S. Constitution. The act disparaged workers by forcing tech-workers to labor exceedingly long hours for below-market wages under legal coercion. The Court further held that employers held undue influence and subjected foreign workers to be bound to a particular employer or else face cancellation of their Visa after termination.

... the decision likely will be a boon for the Trump Administration in that the hiring of lower-cost foreign workers will reduce and recent citizen graduates of technical colleges and universities could have greater job opportunities.

[Martin Hash]

Hope this holds up.

[TheReal_ND]

Wtf? I love the ninth circuit now.

[Okeefenokee]

[Okeefenokee]

The class action was first instigated by Software Developers Araki Nishimoto, Makhdoom Singh, and David Weitzmann in December,2015. Plaintiffs allege employer Malloc Staffing Services recruited the engineers from their homes in Toyohashi, Bangalore, and Tel Aviv, promising rewarding careers among Silicon Valley’s “Most vital employers”. Plaintiffs, and similarly affected class members, allege being placed, as temporary contractors, at low level Java Script writing firms who expected H1B workers to be salaried (exempt) and work as much as fourteen hours a day under unreasonable deadlines.

Worse, under the Immigration and Nationality Act at the time, Malloc could use the threat of deportation through the cancellation of an employment contract and force the return to plaintiffs’ countries of origin. (A grace period of sixty days was approved in January, 2017 by Congress). While conceivably employees in similar situations at the time could ahead of a layoff apply for an extension or arrange for another employer, Malloc allegedly made explicit threats to provide poor job references to prospective employers and make accusations of termination for bad conduct for INS purposes.

Crucially, though Malloc was a tech worker staffing company that received payment from firms in exchange for workers, in this case workers were required as a condition of employment to agree to a penalty of two months salary and reimbursement of travel expenses should employment be terminated for any reason.

Hey GCF, come tell us how we really need this program, so we don't have to pay people what they should be paid. If we can't exploit cheap foreign labor, then what's the point, right?

[TheReal_ND]

Wait... people get payed to write JS? In THIS country???? Wtf am I doing with my life?

[clubgop]

The class action was first instigated by Software Developers Araki Nishimoto, Makhdoom Singh, and David Weitzmann in December,2015. Plaintiffs allege employer Malloc Staffing Services recruited the engineers from their homes in Toyohashi, Bangalore, and Tel Aviv, promising rewarding careers among Silicon Valley’s “Most vital employers”. Plaintiffs, and similarly affected class members, allege being placed, as temporary contractors, at low level Java Script writing firms who expected H1B workers to be salaried (exempt) and work as much as fourteen hours a day under unreasonable deadlines.

Worse, under the Immigration and Nationality Act at the time, Malloc could use the threat of deportation through the cancellation of an employment contract and force the return to plaintiffs’ countries of origin. (A grace period of sixty days was approved in January, 2017 by Congress). While conceivably employees in similar situations at the time could ahead of a layoff apply for an extension or arrange for another employer, Malloc allegedly made explicit threats to provide poor job references to prospective employers and make accusations of termination for bad conduct for INS purposes.

Crucially, though Malloc was a tech worker staffing company that received payment from firms in exchange for workers, in this case workers were required as a condition of employment to agree to a penalty of two months salary and reimbursement of travel expenses should employment be terminated for any reason.

Hey GCF, come tell us how we really need this program, so we don't have to pay people what they should be paid. If we can't exploit cheap foreign labor, then what's the point, right?

Yeah man,


Cowardly bitch.

[Alexander PhiAlipson]

It's an April Fools joke, you fucking idiots!
(Good one, deo.)

[Okeefenokee]

It's very similar to the case I saw last week,

The owner of a company that supplied foreign workers to San Francisco Bay Area technology companies is facing visa fraud charges after filing fake documents to bring people to the United States, the U.S Attorney's Office announced Friday.

A federal grand jury indicted Jayavel Murugan, CEO of Dynasoft Synergy, Inc., and a second man, Syed Nawaz, on Thursday on charges including conspiracy to commit visa fraud.

The men obtained H-1B visas for more than a dozen people by claiming the workers had jobs at Stanford University, Cisco Systems and Brocade Communications Systems, according to the indictment. No such jobs existed, but Dynasoft could use the fraudulently obtained H1B visas to get the workers to the U.S., where it could place them with other companies and profit, prosecutors said.
https://www.usnews.com/news/best-states ... visa-fraud

[StCapps]

It's an April Fools joke, you fucking idiots!
(Good one, deo.)