About reporting illegal immigrants......

[m-coon]

The problem is that they all come here under contract with one company - but violate their visa by taking other jobs - and shun their responsibilies to the company that sponsored them

 

 

This sounds like they are violating the contract that brought them over - NOT the visa. If so, Scott's company may be within their rights to take them to court to try to recoup some of the cost of importing them. Or does the visa restrict them to working for one company?

199798[/snapback]

I will get details on the visa type and report it here the first of the week.

 

But it clearly means (this type of visa they have) that their visa is issued ONLY on the grounds of the visa holder to work for the ONE contracted company that sponsored them. Period.

 

Where I live is a very unusual employment area. It is also extremely seasonal. We pay VERY GOOD wages (for the work they do) - but because labor is so short - that SOME employers will offer outrageously high wages. This is what causes the problem. The foreigners are tempted to take illegal work because the wages offered are so outrageously good.

 

But the real issue is "legal or not legal".... this visa they have does not allow them to accept other work - period. They know this before they come and lied to us before they came - saying they will abide by the rules (laws) of the visa and contract.

 

These visa holders are paid well and provided benefits that are unheard of for an hourly employee anywhere in this country. It is in no way a type of slavery. My company does not care if they take other work as long as they fulfill their obligations to us FIRST. We have no intention of reporting them!!! We want the other employer to be reported so they will stop breaking the law and tempting our employees from also breaking the law!

 

They simply are wrong to accept other work and the company hiring them is breaking the law - period.

 

Scott

[LeeFisher3]

The problem is that they all come here under contract with one company - but violate their visa by taking other jobs - and shun their responsibilies to the company that sponsored them

 

 

This sounds like they are violating the contract that brought them over - NOT the visa. If so, Scott's company may be within their rights to take them to court to try to recoup some of the cost of importing them. Or does the visa restrict them to working for one company?

199798[/snapback]

I will get details on the visa type and report it here the first of the week.

 

But it clearly means (this type of visa they have) that their visa is issued ONLY on the grounds of the visa holder to work for the ONE contracted company that sponsored them. Period.

 

Where I live is a very unusual employment area. It is also extremely seasonal. We pay VERY GOOD wages (for the work they do) - but because labor is so short - that SOME employers will offer outrageously high wages. This is what causes the problem. The foreigners are tempted to take illegal work because the wages offered are so outrageously good.

 

But the real issue is "legal or not legal".... this visa they have does not allow them to accept other work - period. They know this before they come and lied to us before they came - saying they will abide by the rules (laws) of the visa and contract.

 

These visa holders are paid well and provided benefits that are unheard of for an hourly employee anywhere in this country. It is in no way a type of slavery. My company does not care if they take other work as long as they fulfill their obligations to us FIRST. We have no intention of reporting them!!! We want the other employer to be reported so they will stop breaking the law and tempting our employees from also breaking the law!

 

They simply are wrong to accept other work and the company hiring them is breaking the law - period.

 

Scott

199864[/snapback]

The USCIS has a few options:

 

1. Revoke the offenders visa and deport them.

2. Fine the company that hired them out of status.

3. Fine your company for not reporting the violation.

 

In a previous post you mentioned they were performing the minimum required by the contract and suggested that other avenues of employment be closed so they would spend more time working for your company.

These people have legal papers - the companies hiring them are stupid and do not realize that the visa they have only permits them to work for one designated employer!!! Therefore they cannot legally hire them.

It is not that the documents are not authentic - they don't understand these people are not eligable to work for anybody else but the sponsoring employer!!! It is the type of visa that they have.

And this is killing my company because they will not work for us as much since they discovered they can make more elsewhere - so they work the minimum for us and then work another 40 to 60 hours for a higher paying job - illegally...... I would like to stop this practice without involving the name of my company in reporting them - It would look better if the USA authorities investigate them and discover this for themself..... But I fear the uSA autorities think this is petty and will not investigate.

 

Scott

199568[/snapback]

Asking for selective enforcement by the US government so they will produce more for your company is walking a thin line, your company in sponsoring them has a responsibility just as much as the workers.

 

You either want full and complete enforcement or none at all, with the USCIS I have not seen this as a multiple choice question.

[Randy W]

But couldn't this other company also sponsor them? In doing so, they would incur the same paperwork and legal expense that your company did, but without having to pay for their travel.

 

A company I worked for had a situation once where a foreign worker on a visa was laid off. He had to find another sponsoring company quickly, or risk deportation, but I don't remember any of the details.

[ameriken]

But couldn't this other company also sponsor them? In doing so, they would incur the same paperwork and legal expense that your company did, but without having to pay for their travel.

 

A company I worked for had a situation once where a foreign worker on a visa was laid off. He had to find another sponsoring company quickly, or risk deportation, but I don't remember any of the details.

199875[/snapback]

I have followed all of Scotts posts, and what I see happening, is his company is paying all the visa fees, are putting up housing, and bring the employees here to America to work for them.

 

The employees know the visa rules, which, according to Scott, only allow them to work ONLY for the sponsoring company. In a case of lay-off, my guess is the employee should call INS for legal options and I think they should be allowed to find other work, or would have to go back to their own country.

 

But there is no layoff.

 

It appears that his company is putting up all the costs to open the door to work for them in America, and to house them, but when the employee gets here, they break visa laws and contracts to be hired illegally somewhere else.

 

I dont see why some are blaming his company. Sure, maybe it is minimum wage. Maybe it is hard work. That is the employees choice to accept such work or not.

 

If they want to come to work and live in America, they should learn American ways, American payscales, what it costs to live, etc, and then decide if this is a job they should take. If they dont like what they see, then they should not agree to the job and visa.

 

Perhaps they should approach the companies illegally hiring them away from Scotts company and talk about a sponsorship and a visa, and do it legally and let that company pays the upfront costs.

 

But it is wrong for a person to agree to American laws, agree to work for one company, and then break the law when they get here because it is not what they hoped it should be, and it is wrong for other companies to break the law to get employees.

Edited March 19, 2006 by ameriken (see edit history)

[LeeFisher3]

It appears we are talking about the H-2B Visa Category:

An H-2B is an alien coming temporarily to engage in

non-agricultural employment that is seasonal, intermittent,

to meet a peak load need, or a one-time occurrence.

 

So here is my gripe with what is being said:

 

1. Statements that the workers are meeting the minimum requirements of their contract.

<They are meeting their required work load agreed in the contract.>

2. We don't care if they break the law as long as we get our workload completed first.

<Who cares about the law as long as we get ours first.>

3. Make the employers follow the law.

<Who cares about the law as long as we get ours first.>

4. We don't want to report them.

You can't have your cake and eat it too!

 

You could notify all employees that any violation of the contract and visa requirements will be reported for USCIS action with possible deportation, to see if this will get your work force back to the workload you desire.

 

Trying to stand on both sides of the fence makes it difficult to do much walking. Either be happy with the situation or specifically do something about it, no matter the consequences it has on your company, such as having your seasonal work force deported.

 

The Romanian workers know the score and are taking care of themselves knowing your company stance on outside work and realizing you have as much or more to loose than them if your company reports this. Isn't this so much like the American way????? I think we have taught them pretty well.

Edited March 19, 2006 by LeeFisher3 (see edit history)

[Dan R]

not illegal because she is here on K-1??????

 

Well according to the current laws of California my wife in AOS is illegal. She can not renew her California ID (expired on same day as I-94) until her PR is issued. She is often denied use of the credit card because of no valid ID. We can not go to San Diego because friends (K-1) have been arrested and later released as illegals when crossing the border check between San Diego and L.A.. She might or might not be allowed to board a plane depending on the guard's mood and/or training.

 

We have a broken system.

 

As for your workers, they are not indentured servants but if a company is targeting your sponsored workers to take them from you and you have proof, report the company to USCIS.

[Joanne]

It is dangerous to your company not to resolve this problem.

 

I remember overhearing an interview at the US consulate in Shanghai while applying for my visitor's visa before. The interview was for a group of workers sponsered by a company which was on the black list of the consulate. The work visas were denied. Apperantly the company was put on the black list because some workers they previously sponsored overstayed their visa.

[Michael and Manyun]

The problem is that they all come here under contract with one company - but violate their visa by taking other jobs - and shun their responsibilies to the company that sponsored them

 

 

This sounds like they are violating the contract that brought them over - NOT the visa. If so, Scott's company may be within their rights to take them to court to try to recoup some of the cost of importing them. Or does the visa restrict them to working for one company?

199798[/snapback]

I will get details on the visa type and report it here the first of the week.

 

But it clearly means (this type of visa they have) that their visa is issued ONLY on the grounds of the visa holder to work for the ONE contracted company that sponsored them. Period.

 

Where I live is a very unusual employment area. It is also extremely seasonal. We pay VERY GOOD wages (for the work they do) - but because labor is so short - that SOME employers will offer outrageously high wages. This is what causes the problem. The foreigners are tempted to take illegal work because the wages offered are so outrageously good.

 

But the real issue is "legal or not legal".... this visa they have does not allow them to accept other work - period. They know this before they come and lied to us before they came - saying they will abide by the rules (laws) of the visa and contract.

 

These visa holders are paid well and provided benefits that are unheard of for an hourly employee anywhere in this country. It is in no way a type of slavery. My company does not care if they take other work as long as they fulfill their obligations to us FIRST. We have no intention of reporting them!!! We want the other employer to be reported so they will stop breaking the law and tempting our employees from also breaking the law!

 

They simply are wrong to accept other work and the company hiring them is breaking the law - period.

 

Scott

199864[/snapback]

Make a stand, Scott. The problem is widespread, and affects those of us trying to do our legal best. Do whatcha gotta do.

 

Mike

[hakkamike]

This thread has started me thinking somewhat? My Son In law is not here legal , should I report him?

[tonado]

This thread has started me thinking somewhat?  My Son In law is not here legal , should I report him?

200305[/snapback]

No, your daughter would leave you.

[warpedbored]

This thread has started me thinking somewhat?  My Son In law is not here legal , should I report him?

200305[/snapback]

It depends Mike, do you like him?

[hakkamike]

This thread has started me thinking somewhat?  My Son In law is not here legal , should I report him?

200305[/snapback]

It depends Mike, do you like him?

200360[/snapback]

Ok I like him Carl

[m-coon]

It is dangerous to your company not to resolve this problem.

 

I remember overhearing an interview at the US consulate in Shanghai while applying for my visitor's visa before.  The interview was for a group of workers sponsered by a company which was on the black list of the consulate.  The work visas were denied.  Apperantly the company was put on the black list because some workers they previously sponsored overstayed their visa.

200255[/snapback]

This is the third year we have done this. And last year was the first time this actually happened... About 25% of them did not go back. They took jobs elsewhere and just disappeared and did not go back. I expect it to happen again this year.

 

But I don't see how we can be blamed for these people not going back? If you know more about this - please post it.

 

Thanks,

Scorr