The Feds' Investigation Into Garland ISD's Visa Problems Could Cost the District Serious Cash

320px-USA_visa_issued_by_Shenyang_2012.jpg
Shujenchang
The outcome of the federal investigation into Garland ISD's H1-B program, which recruited dozens of bilingual teachers from foreign countries and is now sending many of them back, is uncertain. But if past federal H1-B cases involving school districts are any indication, it could cost the district. Big time.

There are two issues at play here. One is the headline-grabbing one in which teachers, who were promised help getting a green card, are denied permanent residency and have to go back to their home country.

This one is largely outside a school district's control. The H1-B is a nonimmigrant visa, carrying no promises that the holder will be allowed to stay beyond the six-year maximum. School districts can apply for permanent residency on behalf of their foreign employees, and they can, and often do, appeal the inevitable rejection to the Office of Administrative Law Judges (Garland ISD has 37 appeals on file; Dallas ISD has 211), though the chances of success are "pretty low," according to immigration attorney Eugene Flynn.

See also: Several Garland Teachers May Get Deported Amid Trouble with the District's Visa Program

The reason, Flynn says, is that school districts generally rely on H1-B workers to fill entry-level bilingual teaching positions. Convincing a federal judge that it's too hard to find qualified Americans (i.e. those with a bachelor's degree and a willingness to complete a teacher-certification program) is tough, "unless the economy is really booming and it's Dallas ISD and nobody wants to teach there."

Translation: For foreign teachers being wooed by school districts with promises of a green card, it's buyer beware.

The other issue, and the one where school districts can get into real trouble, has to do with fees. Under federal immigration law, it's the employer who has to foot the bill for H1-B workers, Flynn says. The costs of obtaining the visa, the green-card application, if one is filed, any appeals -- it's all supposed to come from the school district's pocket. Charging the employee or docking his or her paycheck is a definite no-no.

What scant information has been released so far suggests that something along those lines may have happened in Garland.

If that is the case -- and we'll have to let the federal investigation run its course to know for sure -- it could be costly. As an example of a potential outcome, Flynn points to a 2011 case in which the U.S. Department of Labor forced Prince George's County Public Schools in Maryland to pay $5.9 million ($4.2 million in back wages, $1.7 million in penalties) for making 1,044 teachers hired through its H1-B program cover their own costs.

Garland ISD is about half the size of Prince George's County and currently employs 260 teachers through its H1-B program, so its potential liability appears to be smaller. But it might have its checkbook handy just in case.

Send your story tips to the author, Eric Nicholson.


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52 comments
ruddski
ruddski

Ok, my last comment on this thread. I apologize in advance for jumping in the mud.

Myrna has made contentions, allegations, accusations concerning me.

Let's review, in the interests of accuracy.

How many posts has Myrna made on topic?

I count zero. In fact, of the first ten posts, nine are on the topic of education, teaching or related issues. Actually a good discussion.

The tenth in line? Why, it's Myrna, calling me a narcissist, among other things. Nothing about the topic at hand. Hmmm....

As the thread grows, can anyone spot any post by Myrna that in any way references the topic at hand, being, generally, the state of public education?

The answer is, of course, no. Myrna's sole topic addressed is Ruddski, not a word on topic.

And note that when Myrna starts pasting stuff she's hunted up that is supposed to support her claims, it actually does the opposite. And when I offer explanation, or ask questions that destroy her contention, she falls silent.

Myrna, you are your own worst enemy, and in the interests of other readers, I'm going to try and ignore you.

But I make no promises.

That is all, again my apologies for having to waste your time.

TexMarine
TexMarine

but yet they do nothing when unqualified people come to America to work. Want your minimum wage increase? Stop supporting our failed immigration policy that allows unskilled workers to water down the labor supply.

Montemalone
Montemalone topcommenter

These jobs, teaching the next generation, should be desirable, competitive positions. There should be people lining up for a career. Instead, we have this. Why?

holmantx
holmantx topcommenter

Some years back NY Schools hired a number of newly graduated teachers from Germany to teach English and Math.  They caught heat for it until they showed there were no qualified applicants.

I suspect U.S. universities are just not graduating enough teachers who are qualified to be teachers in the systems they were brought up in.

Kinda makes its own statement, don't it?

wcvemail
wcvemail

Imported teachers are much more numerous than I realized, adding up to ~1300 in just the Garland and Prince G.'s Co. cases mentioned here. There was an earlier reference to a Baltimore program, and Baltimore must have hired 100s as well. Now there's even trackable case law for this type of case. Big bucks here.


Also, although I don't want to ignite the jingoists, school districts are obviously scrambling to serve their hugely growing non-English communities, proof that federal authorities have completely botched immigration policy and practice.

ruddski
ruddski

@TexMarine

But... But... That's so counter-intuitive. As an example, notice that when a winn-Dixie opens next to a Kroger, everyone's prices go up?

Frikkin jarheads, no wonder there are so few of you!

For the non-grunts out there, that was cynical sarcasm. And it's not pronounced "corpse" or "semper fee" either. Ain't edumacation wonnerful??

ruddski
ruddski

According to two close friends who were life-long public school teachers since retired, the kids have become over time, mostly unmanageable. Most of their time was devoted to keeping order and other issues related to poor parenting.

One teacher who taught in Grand Prairie told me that in addition, teachers were expected to follow race-based guidelines for acceptable behavior, because were they were to enforce common standards, they would be seen as targeting certain minority students.

They were dedicated, but left the profession very, very pessimistic for the future of public education.

ruddski
ruddski

But, our kids rate higher in self-esteem than the kids from Euro nations, so there's a definite trade-off in hiring these Germans. With the proper sensitivity training, the German teachers might in time prove more useful.

ruddski
ruddski

I think Joe Biden may have referenced that issue as well, however obliquely, and thankfully resisting the anti-immigration wave gripping the nation by spreading the blame to other non English-speaking communities:

---Explaining why schools in Iowa are performing better than those in Washington, D.C., Biden told the Post, "There's less than one percent of the population of Iowa that is African American. There is probably less than four of five percent that are minorities. What is in Washington? So look, it goes back to what you start off with, what you're dealing with."---

Luckily, the administration's focus on the minorities by excluding whites, Asians and women from the latest color-blind liberal initiative to fix what they wrecked will most likely succeed this time, on account of the color of our President.

PlanoDave
PlanoDave

@bvckvs This is probably the biggest pile of BS that I have ever seen spewed onto these pages.

ruddski
ruddski

@bvcks

Anyone researching teacher pay and perks knows your argument is bullshit.

The failure of public schools is chiefly because of the failure of modern parenting. One of the greatest contributors of the failure of modern parenting is the "liberalization" of parenting via the welfare state, and other utopian Eloi crap that began in the sixties.

As a boomer, I blame my own generation, we had it all fingered out, we pat ourselves on the back for so much we fucked up.

Now, how to fix it? It can't be. We will enter a time of Balkanization, conflict, division, and walled communities sharing no common vision, no common language.

In short, the "AmericanDream" is for all intents and purposes, no longer available.

PlanoDave
PlanoDave

@ruddski Well, that's basically because the purpose of public education is not the education of children, it is the taxation and management of their parents...

holmantx
holmantx topcommenter

@ruddski  

Pelosi thinks all us emancipated wage slaves can all be artists.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

@ruddski  Of course, you conveniently left out the rest of his comment.  His less than perfect choice of words was meant to point out socio-economic reasons for the discrepancy, but you chose to use it as one of your ever tedious race-based Liberal-bashing rants.

PlanoDave
PlanoDave

@bvckvs Well, you ask a very broad, and somewhat tilted, question.  However, yes, from what I have seen, teaching pays as well as some private sector career jobs.  In fact, it pays better than the jobs your great leader is trying to make into career jobs: fast food and other minimum wage positions. 

jbond09
jbond09

@PlanoDave @ruddski  

My dear friend, I studied law and I love teaching, I was teacher of the year last year in Houston and I love the profession and I do it for the children, but I am the one who has to pay for my bills and the money as teacher is not good so I have an extra job, please show your education, all the great teachers want to teach in the districts that pay more, dont say out of common sense words. I know for sure that in your profession if you are great, you want to go to the best company and that is what we want too...please think before you speak

ruddski
ruddski

@Myrna

"Continued bashing of other commenters"

Have you ever actually looked at our exchanges?

I bash ideas hon, when people, like you, start to call me names, suggest disorders, offer "pity", I must admit, I hold up the mirror for you.

Note the pattern, when you can't effectively challenge my *ideas*, or my arguments supporting them, what, exactly is your strategy when you hit the wall?

Hint: look at the post I'm responding to.

Now, I'll give you grist to support your contentions. Yes, you are an idiot, and when you dredge through countless months to paste stuff that actually *harms your own efforts*, I point out that you messed up. Often, you have the sense to shut up, other times, such as now, you do exactly what you compulsively accuse me of doing.

Now, review all the comments connected to this post about garlands probs, look at the arguments and ideas presented.

You come off very, very poorly, and yes, you are a prig, you've supplied the proof. Congrats.

Oh, I forgot to mention your great on-topic *ideas* on this thread! where are they?

ruddski
ruddski

@Myrna

You're going to have to help us all out here, hon. Couple of questions:

In statement #1, who is the target of my "bigotry"? Help us out here.

Regarding statement #2, could it be painfully obvious that I am paraphrasing YOU, due to your support for gay-hating anti-women's-rights bigots over the modern, socialistic, gay-friendly society that is Israel? Gee, ya THINK?

Hmmm... About that busted shipment of Xanax, it's been 5 days, and I think that's right about when withdrawal symptoms hit peak grip. Should we call you a nice, Jewish doctor with a loaded syringe, or would you prefer a Palestinian with a large rock to get you stoned.

Hon, you're making this way too easy. I'm beginning to feel a bit guilty. For your own good, go feed the pussy.

ruddski
ruddski

@myrna

Given your furious lack of humor (he said URCHIN!!!!!), general old-maid priggishness and niggardly approach to context, I think maybe you're grasping at straws. Be careful, as straws have been known to break the backs of camels, even the Bactrian such as yourself, and are notoriously weak.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

@ruddski  You are suffering from some severe psych disorder, but I've yet to pinpoint exactly what it is.  Compulsive, continual bashing of other commenters, disjointed logic, and an unhealthy hatred of minorities and those with differing opinions are signs of a definite mental issue.  Have you ever been institutionalized or had an anti-psychotic drug prescribed that you are not now taking?

ruddski
ruddski

@ScottsMerkin

I think perhaps some of the people who "debated" with bvcks on the net forwarded some of his more delicious posts to DISD, especially ones that appeared to mock his little charges, but my memory of that time is dim, I'm an old man on welfare, etc.

Point being, I don't think he'll be assisting any substitutes at DISD in the future, but of course, this is strictly conjecture based on observation. Your results may vary, contents may settle during shipping, and past performance is not a guarantee of future returns.

Non-attorney spokesperson.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

@ruddski  OOOO, and:


"Hey noah, Obana's brownshirts already monitor this and other venues for negative comments about Dear Leader. But maybe you'll get a waiver from Obanacare for sucking up." ---Ruddski, 11.5.2013


And:


"They throw rocks at gays, and they detest American liberals, but sincce they are oppressed and discarded by wealthy Muslim neighbors, we should overlook all that and go after those damn. jews." ---Ruddski, 11.6.2013


At least your spelling and punctuation have improved, but you're still a nasty, hateful bigot.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

@ruddski  Oh look what I found:


"I fucking hate Old Jewish white men." ---Ruddski, 11.6.2013

ruddski
ruddski

@@Myrna

What you call "whining", in English language means "mopping the floor with poor little Myrna"

ruddski
ruddski

@PlanoDave

We live in a world where some can actually believe the "seventeen words" in Bush's SOTU address was a LIE!!!, while believing that a president who says "if you like your insurance, you can keep your insurance" was simply misunderstood because he's so brilliant and the populace is just dim.

Have heart though, these people are basically against human procreation, and tend to practice what they preach in that regard. How long can such stupidity withstand the rigors of Darwinism?

ScottsMerkin
ScottsMerkin topcommenter

@ruddski  and that fuckhead wants to teach children in Dallas oy vey!

PlanoDave
PlanoDave

@ruddski Gotta admit that he is learning from his great leader, though.  Obamacare costs jobs?  That's good because it frees workers from their bonds.  Pay is low for teachers?  That's good because it make sure we get passionate people.

ruddski
ruddski

" Ignorant fool. You couldn't tell that was a photo-shop?"

Didn't even see whatever you're referencing, I'm referring to your claim that one or more of your cats needs to diet.

I really don't care about your cats hon, is it worth wasting DO bandwidth to stomp the tootsies over?

ruddski
ruddski

@credible

I prefer "oozing".

ruddski
ruddski

@Myrna

You're just stomping your little feet because back at PS153 in Brooklyn, they forgot to teach you critical thinking skills.

Oh, and BTW, my veterinarian daughter says that people who let their pets get grossly overweight shouldn't own pets.

TheCredibleHulk
TheCredibleHulk topcommenter

@ruddski  

LOL. 

Veritably dripping with condescension - how magnanimous of you.


Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

@ruddski  You're just a colossal narcissist with delusions of adequacy.  You really believe you can lecture anyone else, given the duplicitous, disingenuous tactics you use?  I think not.  "Beat up libs", indeed.

ruddski
ruddski

@PlanoDave

I'll never deny that there is racism in the Republican Party, or that many democrats of Wallace's day turned republican.

But conservatism has progressed since then, or as I put it, entered the "Buckley era". One of the great failures of modern liberalism (which I generally refer to as leftism) is failure to acknowledge past mistakes, and if you can't acknowledge those past mistakes, you're never going to be able to progress.

That's why I beat libs up on the welfare state, unions, public schools and other problematic issues. So many seem unwilling to acknowledge their huge, illogical, anti-science mistakes, eager to blame others, eager to try the same thing over and over and call it "progressive".

But, I also see that changing. I've posted links over time to illustrate that, especially since the sham and scam of Obamamania, some libs are willing to actually admit that some of their beliefs might possibly be wrong.

Incidentally, I consider Schutze as representative of hope for these modern liberals (just don't tell him)

PlanoDave
PlanoDave

@ruddski Exactly.  How else can they effect the change of making people believe it was Republicans, not southern Democrats, who put the Jim Crow laws in place?  I guess George Wallace was a member of the Tea Party, right?

ruddski
ruddski

But let's hope that organizations that look out for minority kids (like the CBC or various teachers unions) don't ever cave to nefarious schemes like school vouchers, or - gasp - voting for anyone but liberal democrats. Remember, the other party and ideology wants to bring back slavery and de-vaginize the wimmin folk and propagandize us to serfdom and force all to WORK!!!

Remember, the only rights of choice that matters are those concerning sexual freedoms, all the others were conceived by white slave-holders. Like Clarence Thomas.

ruddski
ruddski

As a life-long professional artist with an artistically gifted top-of-the-class daughter, I suggested veterinary medicine. She is now very successful in that area, as well as in her artistic endeavors.

But then again, I'm nowhere near as smart as Pelosi, she uses big words not even she understands.

My likewise gifted son went on to human medicine, after a successful career blowing shit up and killing people.

ruddski
ruddski

The homeless children you claim are living on the streets if Sarasota, in fact, aren't.

Know why?

Because if Florida CPS sees a family with kids sleeping in the streets or the woods or cars, they CONFISCATE THE CHILDREN, you moron.

That's why homeless families, as I correctly indicated, stay in shelters or cheap motels, you little urchin.

ruddski
ruddski

Well that's just special, but unless you're distributing those blintzes to the hundreds of homeless children wandering the streets of Dallas, does it really matter?

ruddski
ruddski

You must spend a fortune on Clorox to keep those white flags clean and bright, therefore highly visible.

Gals are good at that kinda stuff. Bet you're a good cook too.

ruddski
ruddski

Joey, like you, is a very useful tool due to his inarticulate nature. He needs fellow travelers to explain what he "really" meant.

Good to know America will have an alternative candidate to the stand-by-your-man candidate next election season, isn't it?

Hey, I have a website with a whole bunch of had-to-be-explained utterances from the possible future CiC, mind if I copy and paste them for you? Maybe you can tell us what he was trying to say.

Whoops, had to edit:

Yawn.

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