Stop EB1 Fraud

[Jagan01]

Every one wants to take the shortest and quickest route to get the GC done. You may complain loudly about EB1 abuse, but what about EB2 abuse? Most Indians in EB2 are tech workers who need no more than a bachelor's degree to do their job. The fact that many have a master's degree is not a reason in and of itself to seek EB2. The job must require an advanced degree.

Smart lawyers and HR are able to word the job requirements as to satisfy USCIS for an EB2 visa. Is that not abuse of EB2?

I am in a field where a PhD is needed to do the job and to get promoted. This qualifies well under EB2. Had I been a senior researcher and not a recent graduate, I could have sought EB1, but I can't. I am stuck in the same line as thousands of folks who do their job that need no more than a basic undergrad technology qualification.

All is fair in love, war, and it would seem also in the the GC process. There is no need to complain loudly about Eb1 "abuse" or porting from Eb3 to Eb2.

1. PERM has been in place for EB2/EB3 to check for irregularities. Why is it not in place for EB1C.
2. We can complain as loud as we want and none of use require YOUR permission.
3. You feel there are irregularities in EB2 then please go ahead and raise concern about it. Please suggest steps to check those irregularities. If you do not have proposal to improve the system then it just means that your inputs are useless.
4. The following can be steps to check EB1C abuse:
4.A Have salary checks just like EB2 and EB3 are required to be above the PWD.
4.B Introduce PERM requirement so that the requirements for the job can be validated.

4.A will by itself knock out half of the EB1C India applicants.

Personally, I do have EAD and really have stopped raising concerns about EB1C abuse. Frankly any change introduced now is not going to affect my case. For the sake of all 2010/2011/2012 EB2I filers, they need to raise concern about EB1C abuse. That is their only way to find justice.

[nbk1976]

My point was merely this: while EB2 people complain about EB1 and EB3-to-EB2-porters, they fail to see that many of them are doing jobs that ought to be under EB3, but have found novel ways to file under EB2.

For example, a "System's Architect" sounds fancy, but no more than a good undergrad degree (and work experience) is needed to become a "system's architect". There is no need to have a PhD or even a master's degree.

USCIS is aware of the flaws and abuses: they won't move unless Congress comes down on them.

[Jagan01]

My point was merely this: while EB2 people complain about EB1 and EB3-to-EB2-porters, they fail to see that many of them are doing jobs that ought to be under EB3, but have found novel ways to file under EB2.

For example, a "System's Architect" sounds fancy, but no more than a good undergrad degree (and work experience) is needed to become a "system's architect". There is no need to have a PhD or even a master's degree.

USCIS is aware of the flaws and abuses: they won't move unless Congress comes down on them.

There are PWD checks in place which will translate to the fact that EB2 PWD is more than EB3 PWD. So eb2 qualifying applicant has to earn more than the eb3 applicant. No company will pay you higher salary if you are not deserving.

Many of these fraud eb1c India applicants earn less than eb3. Why so ? It is because they are fraud and no one will give them the money. Just a PWD check is all that is needed.

And your reply says that you do not have a solution for whatever eb2 misuse you are talking about. Simply put you don't have a solution and may be it's because you don't have a real problem.

[Raj0687]

Sign it if you think its worth...
http://www.petition2congress.com/639...dulent-filing/

[qesehmk]

It's everybody's choice what they support. But I think it is unbecoming of anybody to complain about fellow immigrants and their qualifications.

Even if somebody is diploma holder and if s/he fits EB1C definition - that is not fraud. You are welcome to go back to India - spend 1 year as a manager and try your luck among millions people to come to US as manager and have your company file EB1C for you.

I fail to understand why people think themselves superior because they went to college A B or C. At the end of the day - formal education is a poor indicator of career success.

[cool_dude]

Decided to start EB3 perm as backup...Loosing hope on EB2 2011 will be current by 2020..

[mesan123]

Very well said Q... Why to cry on others happiness.. Just bcoz we are waiting doesnot mean others do not deserve it...

It's everybody's choice what they support. But I think it is unbecoming of anybody to complain about fellow immigrants and their qualifications.

Even if somebody is diploma holder and if s/he fits EB1C definition - that is not fraud. You are welcome to go back to India - spend 1 year as a manager and try your luck among millions people to come to US as manager and have your company file EB1C for you.

I fail to understand why people think themselves superior because they went to college A B or C. At the end of the day - formal education is a poor indicator of career success.

[qesehmk]

Thanks Mesan. EB-23-I GC has really become an unimaginable pain. I can understand why people sometimes feel frustrated with EB1C. I am just trying to help them see another perspective ..

Sorry Raj - I didn't mean to offend you or anything.

Very well said Q... Why to cry on others happiness.. Just bcoz we are waiting doesnot mean others do not deserve it...

[karthiksubbu]

The last post on this thread was in Oct 2015. Well, more than a year has passed by, Happy New Year 2017!!

Interestingly the number of EB1I filings have grown exponentially, defying the logic that there could be as many veterans with decades-long experiences to qualify under this category. This category is busting at the seams, and growing out to be more than just a legal loophole. I agree with you on your quote "why cry on others' happiness", however battle cry is on the rise for EB1C abuse. Time will tell, as always!!

[Ramsen]

The last post on this thread was in Oct 2015. Well, more than a year has passed by, Happy New Year 2017!!

Interestingly the number of EB1I filings have grown exponentially, defying the logic that there could be as many veterans with decades-long experiences to qualify under this category. This category is busting at the seams, and growing out to be more than just a legal loophole. I agree with you on your quote "why cry on others' happiness", however battle cry is on the rise for EB1C abuse. Time will tell, as always!!

I do not think Eb1C abuse will sell seperately. The entire H1b,L1 and also EB1C abuses need to be addressed to have sensible legal immigration program. But every agenda will have for and against groups the regulators have to come up with a suitable solution to overcome those.

[feedmyback]

Not sure anyone observed. The EB1C numbers increased worldwide. It is not just India. Based on the latest released pending inventory, overall EB1C has increased a lot. Not sure how much of it can be attributed to EB1C abuse by Indian companies. Bottom line is any petitions and voice against just EB1C abuse is a hard sell and will go nowhere.

[iatiam]

Thanks Spectator

So, the spillover can only be horizontal from EB2 itself and there is no chance of spillover from EB1 looking at the way things are going on right now.

Based on your forecast when do you see my PD August 21, 2009 being current? I NOW know that without SO, my date won’t be current. The reason I ask is I follow Trackitt and the analysis is that my date would be current anywhere from March 2019- September 2019

Also these GC forecasting websites

http://www.mygcvisa.com/calculator/default.aspx?n=reset

https://www.myprioritydate.com

Canada,

Spec may or may not give his prediction. But from our side we need to do some thing to make sure the EB2 and EB1 quotas are rightly allocated. Watchout for EB1C fraud all around you - it mostly comes from IT companies who bring people from India and claim that they are multinational managers. If you see such cases, point them to USCIS. Use social media like Facebook and Twitter. Bring them to the notice of authorities as well as others who oppose visa abuse. Just some pointers - USCIS H1B abuse email ID, Sara Blackwell who is an attorney who defends the American workers etc.

Once enough of such cases are brought to attention, EB2 and EB1 will get the quota it rightly deserves.

Iatiam