Shah vs. Wilco update

Date: Tuesday, October 11, 2005 3:29 PM

JOB DESTRUCTION NEWSLETTER

by Rob Sanchez
October 11, 2005 No. 1342

The lawsuit filed by Sona Shah and Kai Barrett is still progressing through the courts. It's a landmark case that could break the logjam that so many others have had when trying to sue based on national origin and other types of discrimination caused by nonimmigrant visas.

Sona Shah, an American citizen, and Kai Barrett, a British national, claim that Wilco discriminates based on national origin in three ways:

1 - Wilco pays less than prevailing salaries to non U.S. citizens.

2 - Wilco gives training and the best job opportunities to their nonimmigrant workers.

3 - Wilco routinely replaces American workers with Indian nationals, and they show contempt for U.S. citizens. Shah alleges that Wilco management said that American workers don't make quality workers, they're stupid, and they're too expensive and difficult to control.

This lawsuit started in 2003 and has been ongoing since. Shah and Barrett recently defeated Wilco's Motion for Summary Judgment as well as a Re-Argument of that same motion. They have spent the past year putting together solid document discovery and are moving forward with their case. It's rough going because they have done most of the work with minimal legal help. Sona told me that it's very difficult to find lawyers that have heard of H-1B, and even tougher to find one that is interested in taking on a case involving discrimination based on national origin.

Shah and Barrett are reaching a point where they must have expert legal help. They need a lawyer with passion that understands nonimmigrant visas and their impact on both Americans and guest workers. If there are any lawyers that would care to help Shah and Barrett I will put you in touch with them. Help is needed ASAP.

For those of you who want to research their legal documents, I have Sona Shah's permission to post them online.

http://www.zazona.com/ShameH1B/Library/Legal/Shah_vs_Wilco.htm
Shah vs. Wilco

http://www.zazona.com/ShameH1B/Library/Legal/Shah_4thComplaint.htm
Class Action Complaint by Shah and Barrett vs. Wilco

To view other court cases go to this page. I'll be adding more soon.

http://www.zazona.com/ShameH1B/Library.htm

*** More on Wilco ***

Wilco is a bodyshop that contracts workers to large financial clients. They use domestic workers and import foreign workers by using H1, J1, F1, L1 and B visas. One tactic they use if they need to get a quick visa for programmers is to use a 90 day visa waiver or "B" visa. They tell the foreign programmer that they will be sponsored for an H1 or L1 visa before the B visa expires. In the meantime, the programmer is put to work.

If Wilco decides to hire the programmer on the B visa longer than 90 days, they send the him/her back to their country of origin for a nominal period until the H1 or L1 visa is issued. Another option employed is to simply bring the programmer back on another 90 day B visa. George Fishman - Chief Counsel for the Subcommittee on Immigration said that this practice is called "B visa chaining" and it's technically illegal. As with most immigration laws it's rarely enforced.

Initially Wilco's foreign workers came mostly from Britain and Hong Kong. They brought people from China through the port of Hong Kong. When Hong Kong was handed over to the Chinese in 1997, Wilco turned to India because they preferred dealing with countries that were democracies.

To learn more about Wilco's discriminatory employment practices go to this page:

http://wwwa.house.gov/international_relations/108/sha020404.htm
Committee on International Relations
U.S. House of Representatives
Washington, D.C. 20515-0128
Testimony to the Committee on International Relations
Sona Shah,
Former Programmer Analyst
Wilco Systems, NY, NY
February 4, 2004

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