[net-gold] Government Takes Aim at H-1B Visa Program
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
- To: Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx
- Date: Tue, 23 Feb 2010 21:24:09 -0500 (EST)
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Date: Tue, 23 Feb 2010 17:39:35 -0800 (PST)
From: Sue Fraser <xcschild@xxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>
Subject: [Net-Gold] Government Takes Aim at H-1B Visa Program
Government Takes Aim at H-1B Visa Program
Lynden Melmed and Paige Taylor
February 23, 2010
U.S. Citizenship and Immigration Services , the agency within the U.S.
Department of Homeland Security that adjudicates immigration benefits,
issued sweeping new guidance on Jan. 8 that limits the ability of many
staffing companies to hire foreign professional workers. Many of those
companies rely heavily on the H-1B visa category, which allows a company
to sponsor foreign professionals to work in the United States for up to
six years. As the economy improves, many companies will find it
increasingly difficult to hire and retain skilled foreign workers.
Pursuant to the new guidance, USCIS no longer approves H-1B petitions for
companies that fail to establish that they have valid employer-employee
relationships with the foreign workers throughout the H-1B validity
period.
Over the past few years, USCIS has sought to restrict the ability of U.S.
companies to outsource information technology work to companies that
utilize the H-1B program. The new guidance, however, affects all companies
that place H-1B workers at third-party work sites, including consulting
and accounting companies.
Existing USCIS regulations require that a U.S. employer establish that it
has an employer-employee relationship with the beneficiary of the
petition. The recent guidance states that the lack of clarity on this
issue has made it difficult for USCIS adjudicators to determine whether
such a relationship exists, especially when petitions involve independent
contractors, self-employed beneficiaries, and beneficiaries placed at
third-party work sites.
Under the new guidance, when determining whether an employer-employee
relationship exists, USCIS adjudicators must evaluate whether the
petitioner has the "right to control" the beneficiary's employment, such
as when, where, and how the beneficiary performs the job.
The Jan. 8 guidance provides examples of employment relationships, some of
which satisfy the requirements of an employer-employee relationship and
some of which are prohibited under the new guidance. Significantly, the
new guidance allows an employer to place an H-1B worker at a third-party
work site for short- and long-term assignments. However, in those
situations the petitioner must establish that it will have the right to
control the beneficiary's work.
<http://www.law.com/jsp/lawtechnologynews/
PubArticleLTN?id=1202444113818>
or
http://tinyurl.com/yl98vfw
The entire article can be read at the above URL.
Sincerely,
Sue Fraser
xcschild@xxxxxxxxx
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- » [net-gold] Government Takes Aim at H-1B Visa Program - David P. Dillard
