So who will take action against fradulent labor substitution? Who will take action against expoitative employers? There were a lot of times I was tempted to purchase an approved labor, but did not have courage to do something wrong. My friends purchased approved labors for 7K, 10K in 2003 and 2004 before retrogression, got their green cards, bought houses well settled. They told me "You do not have courage, you are not brave". Well what they said was true, I did not want to do something which I felt was not right.
Almost 70% of people I meet who came on h1b in age group of 35 to 45, who come as SAP, SIEBEL consultants who have families etc... almost all have purchased pre approved labor for the sake of wellness of their families. Their children now go to big medical schools and marry doctors from India.
When I went for my H1b stamping for the first time in Chennai in 2000, there were touts in the line, Rs.500 for securing a decent place in the line. I complained to the cops there that I suspect few people standing in line for money, the cop told me he will take care, but he was just smiling, the consulate staff were also friendly with the cops. The guy next to me in line told me that even the consular general knows this, and is coming up with a solution but if I am not going to keep quiet now and keep complaining, these guys will book me for nuisance and put me in jail so I better keep quiet.
Well, it is the 'NATURE OF THE BEAST'. Who will do what? What does someone get in listening to these issues like retrogression, labor substitution etc... I know so many people in early 90s who came here, worked their way towards a green card by doing pharmacy courses and they had lawyers figure out ways to get a green card. Most of them have changed their original name. Till date lawyers know all workarounds and loopholes for securing a green card. Now lawyers say that employment based is getting a bit difficult as compared to before. There were lawyers who used to arrange green card marriages. But the rules have changed now and lawyers feel that is not a good route anymore.
What is the best thing to do? Has complaining helped? As far as I am concerned, if I am on h1b, I am still at the mercy of my employer and I have nothing much to do. My employer might be earning millions on 100+ consultants, but what can I do? My employer will not support me if I fight against all these. He will only try to eliminate me so that he does not have trouble. He will get another GC hungry h1b bhakra.
For employment based GCs the only solution is "Elimination of Substituted labor" and "End of Retrogression". These two things are something the companies will never support people like us. Lawyers not get into this. Our only way out of this is to request for relief so that our lives and families do not come under extreme difficulty because of this, something like a temporary EAD card till we can file for 485. As far as elimination of labor substitution is concerned, till now there would have been thousands of complaints and lawsuits regarding misuse and something must definitely come up. Certain things, we must live with. It is the "NATURE OF THE BEAST".