August 31, 1999

Letters to the Editor
The New York Times
229 West 43^rd Street
New York, NY 10036

To The Editor:

As one of two non-government witnesses who testified at a May hearing on immigration fraud, I must object to the mischaracterization of my remarks in a recent article (“Bill Reopen Debate Over Visa Limit,” Aug. 31, 1999).

During my testimony before the Immigration Subcommittee of the House Judiciary Committee, I noted that given the millions of visa applications, the incidents of actual fraud “are a tiny percentage of the total number.” I also mentioned significant problems with fraud detection, including the fact that there is no clear definition of what constitutes visa fraud, that low-level administrative personnel determine complicated issues of fraud with no review or appeal, and that the INS devotes large resources to routing out a relatively small number of cases, thereby causing significant hardship to people and companies with legitimate visa applications.

Aside from my testimony, your reporter also misstated the problems with H-1B petitions at a single consulate in Chennai, India. In the first place, the documents in which fraud was found were not visa applications, but pre-approvals. Secondly, and more importantly, the fact that fraud was detected shows that the system worked. The pre-approvals were stopped in their tracks when the INS and State Department could not authenticate information. That is exactly what is supposed to happen. Finally, both INS and the State Department have said repeatedly that the incidents at Chennai are not representative of visa applications in general.

So it is time we focus the issue on where it should be: America’s need for more foreign professionals to help U.S. businesses remain vital and global competitive.

Sincerely yours, 

Mark A. Macini
Washington, D.C.

Mr. Mancini is a partner in the immigration law firm of Wasserman, Mancini & Chang.

August 31, 1999  

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