INS Raid re: LCA Violations Against H1B Employer
Posted Jan 29, 2000

We have news reports of a raid in San Antonio, Texas, on January 20, 2000, in which forty Indian computer programmers in H-1B status were arrested by the INS and led away in handcuffs. The incident was allegedly a result of H1B Petitions filed and approved by companies, for which amendments had not been filed either before or within a reasonable time after relocation to the new work site. Apparently, one source at the company alleged that several H1B amendments were pending for over 6 months with INS, delaying approvals for the employers. The companies state that in all other respects, the employers and the employees were in compliance with immigration laws and regulations.

The companies believe that their employees were targeted based upon racial profiling and that other employees of larger corporations working at the same work site were not arrested or incarcerated. Apparently, the timing of the arrest was also suspicious. Even though INS could have arrested the workers at any time during the previous six months, the INS waited until the project was more or less completed and then miraculously, the raid was conducted.

On the other hand, according to INS statements, the target of a six-month investigation leading to the arrest was contracting companies known as "body shoppers" who had placed foreign workers in locations other than those for which H1B petitions had been approved.

As an editorial note from the Law Office of Sheela Murthy, there may be simple solutions to avoiding similar problems. For contracting companies, the best way to protect the interests of the company and its employees and to avoid a similar occurrence in the future is to ensure that all work locations are listed on the Labor Condition Application (LCA) and on the H-1B petition. If an employee is to be dispatched to a new work site, it is the company's responsibility to file an amended H1B petition. Unfortunately, it may take an incident like the one in San Antonio to convince some companies of the seriousness of the issue. While the facts and details of the case continue to unfold, if there was racial profiling and discrimination, that may be reason to bring this case to the limelight and discuss it with politicians during lobbying activities. If our government agencies exceed the scope of the authority vested in them, it is our responsibility, to lobby our elected representatives for justice. If any clients or even companies who are not clients of the Law Office of Sheela Murthy wish to present their claims before members of the U.S. Congress or of the House of Representatives, please send us an email – law@murthy.com. We intend to participate in Lobby Day in March 2000 organized by AILA to meet with key legislators and voice concerns and suggest solutions. We owe this to U.S. employers, employees and to the cause of justice!