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Create Greencard Pathway To H1B Witnesses, Whistleblowers, Victims Of Employer Retaliation And Or Government Enforcement

Created by M.B. on December 03, 2012

H1B program is at least 22 years old. It is a major gateway magnet of the best and the brightest talent and enterprise into the US from across the world. US Congress enacted ACWIA in 1998 to plug loopholes; in spite the US Government has not yet acted on a key provision to enable H1B complainant's to not suffer but mitigate and prosecute, first via the USWHD WH4 complaint process, and later via a judicial review of agency action. During H1B final rule making in 2000 the AILA promptly recommended that a victim claiming retaliation must be accorded an EAD and an interim status for the duration the complaint is investigated, adjudicated, and reviewed; else, the H1B oversight that is complaint driven is compromised. Likewise, for H1B enforcement victims who lose jobs, including tenured jobs.

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