Next employer on the list is Gulf Stream Race Track and Casino. They have Canadians they brought down on E visas. Canadian building codes and the ones in Florida are much different. You are looking at snow storms compared to hurricanes.

http://cbs4.com/iteam/iteam.foreign.wor ... 54492.html

Mar 9, 2009 5:29 pm US/Eastern
I-Team: CYVSA's Foreign Workers Head Home
Reporting Jim DeFede
MIAMI (CBS4) ―

In November 2007, the Sheraton Bal Harbour was demolished. In its place comes the promise of a grander vision for South Florida's skyline, the St. Regis Resort, a trio of oceanside glass towers.

At the same time CYVSA International was asking the state of Florida and the U.S. Department of Labor for permission under the H2B visa program to bring in foreign sheet metal workers to install the heating and air conditioning ducts at the St. Regis Hotel in Bal Harbour, the company quietly received permission from the U.S. State Department to bring in additional workers under a completely different visa program.

"They actually came in through what they call an E Visa," Labor Secretary Hilda Solis revealed last week during a town hall meeting in Miami.

What is an E visa?

According to state department's website, E Visas are reserved for "persons of extraordinary ability in the sciences, arts, education, business, or athletics."

Certain executives and managers of multi-national corporations could also qualify for E visas, as could others who, in the words of the state department "possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify."

According to sources familiar with CYVSA's application to the State Department, the company claimed the workers they were bringing in were so highly skilled and advanced that they could not possibly do the job at the St. Regis without them.

As further incentive for the visas, the company promised that these highly skilled Mexican workers would in turn, train 60 to 90 American workers at the job site, passing along their unique knowledge.

So how did it work out? Last week, the CBS4 News interviewed three of the local workers who had been hired by CYVSA to work alongside the workers they brought up from Mexico.

They asked that we hide their faces because they were afraid the company wouldn't hire them again in the future.

"During the time that I was working there, which was a month a half, they did exactly what any sheet metal worker does in this country. Exactly the same, no more, no less," said one of the local workers, who, like the others, asked that his name not be used for fear the company wouldn't hire him in the future. "Special equipment? On the contrary. Their tools are obsolete. There were tools they learned about here. They didn't know about these tools. The tools we use here are much more practical than the ones they use."

The other CYVSA employees we interviewed agreed, saying that contrary to the claims made in CYVSA's application for the visas, there was no special machinery the workers needed to use. Finally, they laughed at the idea that the foreign workers were training the local workers how to install the ducts and vents.

"On the contrary," one of the workers said. "The Mexicans don't even work with plans. The plans don't exist for them, over there you don't work by the blueprint."

Unlike H2B visas, there is no requirement under the E visa that individuals be paid the same as Americans. And the reason is simple, since the individuals being brought in under E visas possess such highly valued skills, the assumption is that they would be making more than American workers.

In this case, we know the Mexican workers were being paid half of what the American workers were paid and that they were being forced to work overtime.

Last week we went to CYVSA's office in Pembroke Pines hoping to get some answers but were asked to leave,

But we are not the only ones asking questions. The State Department, the Department of Homeland Security and the Labor Department have all launched reviews of CYVSA's various visa applications

CBS4 News has learned that Immigration and Customs Enforcement has taken the lead role in trying to determine if CYVSA lied on its applications.

That investigation may now be more complicated.

On Thursday, the last of the Mexican workers loaded their luggage into cars and headed to the airport for the long flight home.

The developer of the St Regis project, Jorge Perez, is having some well publicized financial troubles and work on the site is being scaled back. It's not clear when – or if – the Mexican sheet metal workers will return.

For now they find themselves like their American brethren, out of work and wondering what the future holds.