Why the story about lawyers finding immigration loopholes is important to everyone
Sunday, June 24th, 2007I blogged about this on myspace, and tried to add it to Metafilter (they deleted it, many saying I was an idiot for criticizing lawyers). It has also been discussed on /.
The story is that a law firm in PA had a conference on immigration law. Cohen & Grigsby posted the entire conference on youtube (videos have since been removed, but watch the Programmer’s Guild’s response). The entire conference was about how to use loopholes to obtain H1B visas for their corporate clients. In one of the sessions, they talk about what is required from the DOL as far as advertising the job. The conference leader makes a damning remark:
“…our goal is clearly not to find a qualified and interested U.S. worker. And you know in a sense that sounds funny, but it’s what we’re trying to do here. We are complying with the law fully, but ah, our objective is to get this person a green card, and get through the labor certification process. So certainly we are not going to try to find a place [at which to advertise the job] where the applicants are the most numerous. We’re going to try to find a place where we can comply with the law, and hoping, and likely, not to find qualified and interested worker applicants.“
As the folks on Metafilter pointed out, the lawyers are doing the best job they can for their clients. What bugs me is that so many people think that people pointing out these loopholes are a bunch of angry old white guys who are bitter that they didn’t keep up with their skills and now they can’t get a job. But that just isn’t so.
Besides screwing over Americans (by making sure they do not recruit from the American domestic labor market) they are screwing over the immigrants they bring into the country. For example, in another part of the conference, one of the panelists recommends what to do if the prevailing wage set by the DOL comes back too high:
First, we have to remember that the wage offered to the [foreign] employee is the wage the the employee will be earning when he or she gets his or her green card, not the salary he’ll be making now. So if the prevailing wage comes back $3,000 or $4,000 higher than the employee’s actual salary, then we can estimate that it will probably be three or four years until he gets his green card, then it is reasonable for that employee’s salary to be increased by that amount at the time he gets his green card. Then we have no issues…
They are saying that wage listed on the application is not what the immigrant will be making now, but what they should be making in three or four years. But the law says the immigrants are supposed to make at least the prevailing US wage. So, people who have been brought into the country by companies using this firm are being cheated and misused too.
Some of the companies that have used this law firm to obtain H1B visas (according to the DOL) are Algor, Inc, Bayer Corporate and Business service LLC, Hexware Technologies, Marconi Communications, UBICS, MEDRAD, and CM Technologies Corporation.
LouDobbs reported on how Congressmen have sent letters to the Labor Dept and Cohen & Grigsby.








