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Last month the INS shocked everyone with an enforcement raid at a San Antonio air force base. Over 40 H-1B visa holders who were working on the base’s computer system were arrested while at work. The treatment they received was viewed as much too harsh for their alleged offense – working outside the geographical location approved on their labor condition applications. Many of the programmers were released shortly after being taken to an INS office, but deportation proceedings were started against 23. Since then, the INS has changed its unpopular approach to this case, and has dropped the deportation proceedings. The INS says it will now focus its investigation on the two companies who petitioned for the workers. However, many groups, including the American Immigration Lawyers Association, are of the opinion that there was no legal problem with the employment arrangement. It remains to be seen what position the INS will take, but whatever it is, it will have far-reaching consequences for many H-1B employees and employers.
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