The high tech community has been lobbying not only to maintain the H1B visa program but to expand it on the premise that employers cannot find enough qualified American workers to meet their needs. This issue of Fierce CIO reports on word that federal government has found that employers have been abusing the system, engaging in fraud and even paying foreign workers less than they were entitled to receive.

The report is quite shocking. Investigators found forged documents, fake degrees and companies giving fake addresses to obtain the permits. The U.S. Citizenship and Immigration Services report was released by Sen. Chuck Grassley (IA), a critic of the visa system.

"This report validates the major flaws in the H1B visa program that we have been discussing for some time," Grassley said. "Until we make a conscious effort to close the loopholes, we're going to see continued abuse. This report is proof that reform must come sooner rather than later. The program ought to operate the way Congress intended so qualified, high-tech American workers aren't left behind."

The findings confirm the worst fears of American IT workers and their advocates, who have long been opposed to the program and complained of abuse by American companies.

There has to be some balance. There's no doubt some foreign workers help fill the skill void, but gaming the system and engaging in fraud is unacceptable.

When Congress returns in January, officials responsible for running the system and employers abusing the process should be called on the carpet. And with unemployment rising and layoffs predicted in the IT arena, there should be a complete reevaluation of H1B visa program. It is certainly time to institute more controls to make sure the program works as intended. It also may be time take a second look at the current yearly limit, and see if it is needed and if it should be scaled back. - Judi [1]