H-2Bs Coddled in Louisiana

Date: Tuesday, July 08, 2003 1:22 PM

JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

H-2B visa holders must be deported if they lose their jobs because they
become "out of status". H-1B and most other nonimmigrant visas have
similar provisions. Once they are "out of status" they are illegal
aliens if they stay in the U.S.

These Middle Easterners (mostly from Iraq) and Indians got ripped off,
and the criminals that carried out the fraud should be prosecuted, but
the law states that illegal aliens must be deported. Why is the BCIS
allowing charities such as the Catholic church to harbor these law
breakers?

http://www.rediff.com/us/2003/may/23us.htm

300 Indians in limbo in Louisiana

George Joseph in New York | | May 23, 2003 | 09:17 IST

About 300 Indian workers are in limbo in Louisiana and face deportation
after the company that brought them failed to give jobs and renew their
visas, according to charities that help immigrants.

About 80 of them organised a protest rally in front of the immigration
office in New Orleans on May 12.

They carried placards that read, 'We have lost everything', and 'Please
help us'.

Most of them left their well-paying jobs in gulf countries and arrived
on H2-B visa. Many of them are pipe workers or welders.

Once in the US, the Falcon Steel Structures and Comerford Enterprises,
the companies that brought them, washed off their hands, many workers,
now living with the help of charities, said.

"We were promised jobs paying $14 an hour. But the companies did not
provide jobs for many. Some got jobs for one or two months only,"
Amresh Kumar Gupta, a native of Bihar, said.

While working in Dubai he saw an advertisement for skilled workers in
the US and paid $9000 to get the visa. "B J Singh of the SAS Tours and
Travels, based in Chandigarh, was the agent," Gupta said.

He landed in the US in July 2001. "The company promised 3 years' work
and Green Card later." But when he arrived he got a job for some time
and later he was left without any work.

"Many of us sold all the valuables and took loans for high interest
rates to pay the money. We all calculated what we could get in the US
before paying such a high amount for the visas," Varghese Mathew, who
came from Kuwait, said. He paid Rs 6,25,000.

Some people are paying Rs 50,000 a month as interest alone in India for
the loans. "Some of the people with us are facing mental problems now,"
Gupta said.

"Our families in India are in trouble. If we go back, it may be
impossible for us to pay back even the loans," Gupta said.

"The H2-B visa is given to non-agriculture workers. The company has to
renew it every six months," Sue Weishar, director of immigration
services at the Catholic Charity at the archdiocese of New Orleans,
which helps the people, said.

The workers came in four batches and they belong to different parts of
India, the workers, currently staying at the Lake Houma Inn in Houma,
in Louisiana, said. Some of them got work in some other companies. But
working in other places was illegal and some got arrested and went to
jail.

The company did not bother about all this, the workers said.

It was at this juncture that Mark Massey, a lay minister in Tulsa,
Oklahoma, came with some Indian workers in search of jobs for them.
These workers came for the John Pickle Company in Tulsa and left it in
early 2002 accusing the company of virtual slavery. They got work
permits recently and a few came to Louisiana looking for jobs in the
shipyard and other establishments.

The workers connected with Falcon, contacted them and through them
contacted Massey.

Massey took up their issue and approached Chad Chandler, president of
Falcon. Massey also approached the Catholic Charity and other
organisations for help about six weeks ago.

Massey and Weishar have asked the BCIS (formerly INS) to provide these
people with T Visas as per the law against human trafficking.

What followed was dramatic. Massey got arrested and Chandler came out
with several allegations against him.

"This is sad," Weishar said. "Massey is a civil rights hero in
Oklahoma. But Louisiana views such actions in a different way. Massey
is a wonderful guy. His selfless action is really praiseworthy."

But Chandler, president of Falcon, said Massey was a conman. "Massey
has no regular job or income. He has filed bankruptcy. There are
several judgments against his credit," he told rediff.com. "He wants
Falcon to do illegal acts. He is guilty of trafficking in illegal
aliens."

In a lengthy phone conversation he gave his version. The company,?which
claims to be a leader in metal building supply and erection with
offices in Centreville, Mississippi and Baton Rouge, Louisiana, is
bringing people on H2-B visas for the last three years. Overall they
brought 234 people. "The first batch was excellent. That was the reason
for us to bring more," Chandler said.

Currently, about 15 people work with the company. The latest batch came
before the Iraq war. The company was facing problems, so it was not
possible to employ them. As per the contract, the company informed them
that they would be sent back to India, Chandler said.

By this time Massey came to the scene and interacted with the people in
the hotel they were accommodated, Chandler said. The company asked the
security to ban Massey's entry into the hotel.

"On May 9 at 3:30 am, the hotel security called me and said Massey was
there. He was taking the people in taxis," Chandler said.

"I inquired at the taxi company and found that the workers were taken
to another hotel. I drove after them and found Massey in his van at a
parking lot. I told Massey what he was dong was illegal. He moved the
van and it struck me. Then I called the police," Chandler said.

The police arrested Massey and they found his driving licence was
suspended and he had no insurance, Chandler said.

In India holy men never tell lies, Chandler, who claimed he has
travelled widely in India, said. Massey is not associated with any
church or charity, he accused.

The company has not deported anyone. "We are not planning to bring more
people as some workers alleged," he said.

B J Singh was entrusted the job of selecting people because of his
experience in providing good workers to other US companies in the 90s.
"I also heard some workers saying that Singh took money from them. But
they could not provide any proof for that."

Singh told me that he only took the fees and other expenses. The amount
each one paid was in the range of $2000 to $7000 only. "I have not
received any part of the money. I don't need that money also," Chandler
said.

But two workers at the demonstration, Raghavan Nair and Vasudeva
Ramachandran, disputed that statement. They told the Times-Picayune
that when they complained to Singh about the high fees charged to bring
them to America, he told them he had to give half of it to Chandler.

Chandler said the workers also gave an affidavit saying they have not
paid any money and also abide by the decisions of the company. In the
affidavit they also agreed to return to India, in the event of
termination of their jobs.

"I will continue the prosecution of Massey," he said.

Chandler has filed a complaint with the East Baton Rouge Sheriff's
Office accusing Massey of assault. Massey said he and the workers with
him were very upset about Chandler following them. "The workers will
testify that I never struck Chandler," he said.

Weishar has pulled together a coalition of about 15 groups, including
the Baptist Association of Greater New Orleans, to help the workers.
Its members are supporting the workers in various places throughout
Louisiana.

Bill Quigley, director of the Loyola Law Clinic and part of the
coalition working with the workers, told the Times-Picayune, "It's a
very unjust situation. Someone got a tonne of money, millions of
dollars from these men. I know what happened to them. It's
heartbreaking, but I'm not sure who's responsible."

The workers said they did not know what an H2-B visa was.

George Alexander, 35, a native of Chennai said he gave the bulk of the
$14,500 required under the terms of the work arrangement to B J Singh.
He arrived in the US in July 2002. Falcon renewed his and other
workers' temporary visas until June 2003.

Alexander worked at North American shipyard in Houma for some time but
was picked up by Border Patrol agents for working for a company other
than the one that brought him. He spent nearly a month in Orleans
Parish Prison.

Jaleswar Yadaw said that about a year ago, Chandler threatened to hit
him if he didn't sign a paper terminating his agreement with Falcon.

The people feel that if possible they want to continue in the US and if
not they want a refund of the money they paid.

Chandler also is the incorporator of Comerford, which was formed in
August 2000 and was dissolved in December 2001.

The US is also becoming like the Gulf countries with visa fraud,
several Indians feel. This trend is really awkward, they noted.

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