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Cause of Action
I have exhausted administrative proceedings held by the EOIR (Executive Office for Immigration Review), OCAHO Case 92B00143. Admissible evidence would show that I may have standing to sue the New Jerseyan firm (M.L. Energia, Inc.) that had ultimately misused the H-1 program, which allows to hire non-immigrant foreign workers only after the employer attests that there are not sufficient US workers to fill vacant jobs. M.L. Energia, Inc. had never attested so. Even if it had, then based on the tangible and undisputed facts it's obvious that Energia's owners knowingly and wilfully violated other statutes of the INA - Immigration and Nationality Act of 1952.
It's alleged that M.L. Energia, Inc. abused me ultimately, and then breached an employment contract with me. The owners (a husband and a wife) were holding a dual citizenship (Israeli and American). They had solicited me to come to and reside in the United States, exploiting networking which they allegedly had with RAFAEL (Israeli Armament Development Authority), my Israeli employer then. (See the Israeli nexus).
On May 31, 1990, M.L. Energia, Inc. referred to my fee for employment knowing that I was an unauthorized alien then, yet they pretended to arrange a J-1 visa my beneficiary. On June 11, 1990, I signed this letter contract, unminded that it was in violation of the IRCA, 8 USC sections 1324a(a)(1) and 1324a(a)(4). Later I revoked my signature, following telephone conversations with M.L. Energia, Inc.. There was a new verbal employment agreement for three years at $60,000 per year, under the provisions of H-1 program. Consequently M.L. Energia, Inc. petitioned on about July 2, 1990, to the INS that it could not find an American employee with my skills, and accordingly acquired an H-1 visa my beneficiary.
Although my entry to the United States was approved by the INS and thus was lawful, my employment by M.L. Energia, Inc. was absolutely unlawful. The INS admitted me and my family to the United States, as if it were under the provisions of the H-1 program. Our stay in New Jersey was likely devoted solely for the benefit of American economy, because the employer could not find local employees with my skills and experience. This of course was untrue. M.L. Energia, Inc. falsely petitioned to acquire an H-1 visa without having the prior certification by the US Secretary of Labor, as required by law. M.L. Energia, Inc. fired local employees and hired instead aliens at lower wages in an attempt to obtain prohibited commercial advantage and private financial gain, 8 USC section 1324(a)(2)(B)(ii). Unfortunately I was unminded to this legal misconduct in a timely manner.
Legally I was "bonded" to M.L. Energia, Inc. and its owners who have ultimately abused me (inter alia in violation of 8 USC section 1324(a)(2)(B)(ii), and by doing so they put me within a legal trap, adversely affecting me and my family. Moreover, in July 1991 the NSF (National Science Foundation)investigated M.L. Energia, Inc. about its employees. Then M.L. Energia, Inc. provided false affidavit to the NSF concealing that I was their illegal employee. Undeniably M.L. Energia, Inc. knowingly and intentionally failed to complete an I-9 Form for any of its employees, from 1987 to 1991. An incomplete and fabricated I-9 Form was proposed by M.L. Energia, Inc. as admissible evidence for the purpose of the Administrative Legal Proceedings, OCAHO Case 92B00143. The Office of Special Counsel concluded secretly in an internal a memo (on about March 17, 1992)that M.L. Energia, Inc. had failed to comply with I-9 requirement. This secret file of the OSC was dioscovered by me only in August 1995, following my two FOIA appeals.
Promptly, I invoked the initial legal actions in November 1991, when M.L. Energia, Inc. dismissed me. yet I was not aware then, it was likely an attempt to escape employer sanctions. Now I understand that M.L. Energia, Inc. concocted a "salary dispute" imposing on me (and on other employees) a retroactive salary cut. M.L. Energia, Inc. had deliberately failed to pay me the prevailing wage, also my flying tickets back to Israel. Moreover, the owners of this family owned firm are still withholding my belongings, in complete disregard of an order, given on July 13, 1994, by an Administrative Law Judge, OCAHO Case 92B00143. This case was ordered to be dismissed on October 31, 1994, when the EOIR concluded that a "salary dispute" [sic] may not be actionable under IRCA, 8 USC section 1324b (per se). The court barred me from bringing tangible evidence to prove my allegations concerning the absolute nexus with Israel, i.e. national origin discrimination.
In 1995, I exposed new information (contained in the files of the Office of Special Counsel US Dept. of Justice Washington, DC) that would show that M.L. Energia, Inc. fired me likely because I had refused to collaborate in fraud.
Furthermore, M.L. Energia, Inc. has been likely wired to the NSF (National Science Foundation) through a networking of Senator and a Congressman of New Jersey, thus attempting to cover-up the fact that they had knowingly and intentionally employed me without prior certification required by the US Secretary of Labor.