...industries such as nursing and computer programming, there is a shortage of skilled personnel. Consequently, firms have opted to seek qualified employees from all over the world. For example, Microsoft Company has employed a very large number of foreign workers. In fact, it is the leading company with the highest number of foreign employees. USA workers are limited in the level of skills required by some fields. For example, the co-founder of Google Company came from Russia. He was granted H-1B visa, which means he acquired legal residence on the basis of his high level skills. This limitation of skills among USA workers has brought controversy. USA citizen workers are being laid off yet there is an increasing level of hiring foreign workers. Many politicians are against this trend and they are demanding for an action to curb this situation. One of the suggestions is to reduce H-1B visas in order to protect jobs for American citizens. 2- If it is true that the recent changes in the number of H-1B visas reflect an “antiemployer” attitude, what groups might consider these new policies as “pro someone else?” The most probable group of people likely to consider these new policies as “pro-someone else” is employers. They will view these policies as a form of forcing them to hire alternative people for high skilled positions. This means that they will have to search for employees among the USA citizens. Since the labor available lacks high skilled employees, they will have to employ workers...
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...focus on immigrant work skills and improved border security. The proposed legislation is 844 pages long. Under the new proposal, the cap on H-1B visas would nearly double from 65,000 to 110,000, and could rise to 180,000 if certain conditions are met. Spouses of people holding H-1B visas would be given the right to work and they would not count against the cap on H 1-B visas, if in turn, their country of origin allows the spouses of U.S. nationals working in that country to hold employment. The Americans feel the top H-1B and L-1 employers are using the programme to substitute tens of thousands of high-wage, high skilled American jobs and give them to non-Americans. The bill proposes that a company that employs 50 or more employees in the United States may not hire additional H-1B or L-visa employees if the number of such employees exceeds: (1) 75% of the total number of employees for FY2015, (2) 65% of the total number of employees for FY2016, and (3) 50% of the total number of employees for each subsequent fiscal year. These provisions are seen as directly targeting Indian information technology companies. While the U.S. operations of these companies form a large percentage of their revenue, the majority of their employees in the U.S. are foreign workers, mostly from India, working on company sponsored, temporary work visas. The new bill seeks to reduce this number to 50 per cent by 2016, forcing Indian IT companies to hire employees locally in the U.S. Even more...
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...H-1B visa From Wikipedia, the free encyclopedia Jump to: navigation, search |[pic] |This article may contain original research. Please improve it by verifying the claims made and adding inline citations.| | |Statements consisting only of original research may be removed. (November 2009) | The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows US employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the US. The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor[1] including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum [2] (with the exception of fashion models, who must be "of distinguished merit and ability").[3] Likewise, the foreign worker must possess at least a bachelor’s degree...
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...Infosys pioneered the Global Delivery Model, which is based on the principle of taking work to the location where the best talent is available, with the least amount of acceptable risk and where it makes the most economic sense. Infosys employs more than 15,000 foreign workers in the United States. In February of this year, a suit was filed in Alabama that accuses Infosys of purposefully sending its Indian employees to work full-time on incorrect visas, and that Infosys was paying these employees in India for full-time work in the United States without withholding federal or state income taxes, and overbilling customers for the labor costs of these employees. Foreign nationals that work in the United Stated on temporary contracts require an H-1B visa. In 2009, increased restrictions began on H-1B visas and in 2010 the application price for H-1B visas doubled, this is when Infosys began sending employees on B-1 visas. B-1 visas are issued to employees visiting the country for short-term business reasons not for full-time employment. H-1b visas are only available for skilled workers, those who hold a university degree. Infosys is accused of sending lower level and unskilled workers to the United States to work in full-time positions at their customer sites. This fraud is extremely...
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...A Timely Analysis of Legal Developments ASAP Recent USCIS Memo on Employer-Employee Relationship Requirements for H-1B Visa Petitions: Regulation by Memorandum? By Jorge Lopez, Shin-I Lowe and Neil Grindstaff ® In This Issue: March 2010 The USCIS recently issued a guidance memo to its adjudication officers, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements.” The Memo clarifies what constitutes a valid employer-employee relationship, in the context of petitions for H-1B visas, which are commonly used by IT staffing agencies and consulting groups for placing skilled workers at third-party worksites. Donald Neufeld, Associate Director or Service Center Operations for the United States Citizenship and Immigration Service (USCIS) recently issued a guidance memo to its adjudication officers, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements” (“Neufeld Memo” or “Memo”). The Memo clarifies what constitutes a valid employer-employee relationship, in the context of petitions for H-1B visas, which are commonly used by IT staffing agencies and consulting groups for placing skilled workers at third-party worksites.1 On February 18, the USCIS held a “Collaboration Session” in Washington, D.C., to address the growing concerns about the implications of the Neufeld Memo. Approximately 500 people (400 via teleconference) attended the two-hour session...
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...that is working under an H1B Visa, and/or seeking a Green Card through the employment relationship. Not only, can this be a complicated and somewhat drawn out process, it’s also very, very expensive cost to the business that will sponsoring the candidate. Also there are many hoops to jump through when it comes to the Department of Labor’s and Department of Homeland Securities involvement in the process. I will attempt to provide you with insight as to how the process works from start to finish. After, and only after, a job is offered and accepted by an alien, the process of obtaining H-1B visa status can begin. One can apply for H1B visa/status six months prior to the commencement of the petitioned employment, but no earlier. For example, if an employer knows they will have a certain opening approximately six months out, and they have a pre-chosen candidate, the process can begin based on this assumption. It is important to apply for the visa as early as possible (for the time being, this means as early as 6 months before your start date) due to the fact that the H-1B quota is currently being used up very quickly. There is only a pre-determined amount of ‘spots’, (visas) available, and it works kind of like a lottery. Given the constraint on the H-1B quota, it is always best for employers or HR professionals to expedite the recruitment process and sometimes push the starting date of employment forward. The H-1B visa is a ‘non-immigrant’ visa, meaning it’s utilized for...
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...CANADA-U.S. Business Travel Guide Released February 2013 CANADA-U.S. BUSINESS TRAVEL GUIDE INTRODUCTION Word from Jayson Myers, President & CEO, Canadian Manufacturers & Exporters T he advent of global supply chains has led to significant changes in the way manufacturers do business. In today’s day and age, the business of manufacturing is no longer simply about getting a product out the door — it is rather about providing innovative solutions to customers’ problems. Manufacturers now deliver value to customers by embedding their skills, innovation, financing and logistics solutions in the tangible goods they deliver. To compete and win in today’s environment requires constant interaction between manufacturers and their suppliers, customers, business partners, and services providers. Despite recent advances in information and communications technologies, much business is still conducted face-to-face, and deals are still done with a handshake. Whether it’s engineers working together to develop a new manufacturing process, executives meeting to negotiate a licensing agreement, or industry leaders getting together at a conference to map the future of their sector, creating value requires business people to meet and interact. Given the intensity of Canada’s trade relationship with the United States, this is especially the case between our two countries. Not only are we each other’s largest customer, but our businesses increasingly work together...
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...Expansion of the H1-B Exploitation: More Cheap Labor and Outsourcing? The H1-B visa program has so many loopholes that it should be undergoing reform instead of expansion, since expansion would only promote further abuse of the program. Tech companies asking for expansion state that they have labor shortages and need to recruit the best and the brightest. One would assume that the best and the brightest would be paid at least as much as their American counterparts. However, Norman Matloff’s research has found that H1-B workers are actually paid, on average, 6% less than their comparable American counterparts. His research also found that the foreign workers’ talent was less than, or at best equal to, that of American workers. These findings makes one question whether there is a labor shortage and a need for the best, or if tech companies are simply using the visa program for cheap labor. Another concern are consulting companies that bring in offshore consultants. These companies are allegedly using the visa to bring workers to learn skills and then off-shoring the service. Ron Hira, a professor of public policy at the Rochester Institute of technology, has been studying how consulting firms use the visas to help American company cut costs. He says, “What these firms have done is exploit the loopholes in the H-1B program to bring in on-site workers to learn the jobs [of] the Americans to then ship it back offshore.” Indeed, information on Molina payroll indicates that offshore...
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...E-Commerce Times 2/6/13 John K Higgins wrote an article on the impact that “green cards” and H-1B visa recipients could have on the United States. Higgins discusses how highly-skilled non-immigrants have the ability to improve the U.S. if there visit is made permanent. These non-immigrants are typically those who hold a degree in science, technology, engineering and mathematics also known as “STEM” or those who are striving to obtain a degree. Several businesses support the effort because they feel as though H-1B holders with these skills could be beneficial to their companies. The government noticed the proposals, which led to the bill “Immigration Innovation Act of 2013”. Higgins separates his article into three sections titling them “Visa Reform and High-Tech Funding”, “Costs and Benefits for Tech Sector”, and “Congressional Hurdles and Outlook” In “Visa Reform and High-Tech Funding” Higgins goes into details of the bill and how the revenue will promote funding. He also classifies this segment by the related topics within the bill. The bill is designed to initiate the growth of H-1B visas and the access to “green cards” for high-skilled non-immigrants. An H-1B visa is a program that temporarily permits employers to hire foreign workers. The initial time frame their allowed to work is three to six years. In spite of the time period, The Immigration Innovation Act increased the limit for visas to sixty five thousand to one hundred fifteen thousand applicants. If they receive more...
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...their workers to make a profit. It is possible to explore a variety of different sources and see that employers in the 21st century still use tactics by which exploit American employees by using outsourcing as a means to increase their profits. In the article “New Threat to Skilled U.S. Workers”, Froma Harrop raises awareness of the problematic issue concerning the outsourcing of American jobs to other countries. To begin the article, Harrop makes references to Princeton economist Alan Blinder and Ron Hira, a professor of public policy at the Rochester Institute of Technology. The main reason for the outsourcing of American jobs, as stated in Harrop’s article, is the problematic H-1b Visa program issued by the government allowing educated foreigners to work in the United States. As a result of the H-1b program, unpatriotic US companies increase their profits by paying less for workers out of the country. According to Harrop, since U.S....
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...The proposed changes in the norms of the visas will cause a lot of stress in the indian it scenario specially where they are highly dependent on their visas. The companies having higher workforce under the category of H1-B visa will suffe the same, in this category unfortunately, most of Indian it companies will fall. The amount of the fee these companies will have to pay would be much higher. Any employer which have more than 50 employees and have more than 30% but less than 50% will fall under category H1B or L1. The employer needs to pay $5000 for employee who is an extra for either of the standard. The employer which has more than 50% of the employees with H1B or L1 will have to pay $10000 fee. This is going to effect companies like TCS, WIPRO and Infosys. But will be useful in case of IBM, Dell etc which are US based. The proposed reform to the H1B visa standards were under the Senate’s comprehensive bill. It has the potential to cast a profound impact on the outstanding industry.the US government has accused Indian it companies of using the visas unfairly to send the employees from india at a lower cost, which impacts job creation in US. Most IT companies have said this would impact margin by 20 to 30 basis points and they would counter it by increasing hiring in US. Also it clears the opportunity of the local US players to get sub contracting from the bigger players. The impact on the revenues of the big companies such as Cognizant, TCS will give birth to theneed...
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...can employ foreign specialists in a certain field through H-1B visas for a certain amount of time. Supporters of H-1B would argue that foreign employees would help our economy. Giovanni Peri, professor of economics at the University of California, Davis and co-author of Overhauling the Temporary Work Visa System, claims that “from 1990-2010, scientists and engineers admitted by the H-1B visa program added $615 billion to the economy.” Gary Shaprio, president and CEO of the Consumers Electronics Association, asserts that we should attract the leading and brilliant foreigners that would stay here for a long time to boost our economy. It would provide our nation and the foreigners many new opportunities. In fact, Peri also claims that for the next 40 years we should aim for economic growth through H-1B...
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...Congratulations on your election as the 45th President of the United States of America. I am writing about the Buy American and Hire American Presidential Executive Order you signed on April 18, 2017. I strongly support your order against the computer-generated random selection process of H-1B visas, that abuses the highly qualified workers, who fulfill the short supply of labor engendered by the constantly changing technology. To successfully eliminate the misuse of the system, the American government should take a few additional steps. H-1B visa links the employer and the visa of the employee, which is one the crucial causes of the abuse as it allows the company to offend the worker with low wage because the worker does not have an option...
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....................................... 8 U.S. Résumé ............................................................................................................................................................. 10 Cover Letters ........................................................................................................................................................... 12 Interviewing ............................................................................................................................................................. 13 Working in the United States .................................................................................................................................. 16 Discussing Your Visa Status ............................................................................................................................. 16 Illegal Interview Questions...
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...companies immigration management has also become an important area of interest. In country like America companies can only keep foreign based employees who have been cleared from the immigration authorities. The immigration standing of an employee can affect all the other aspects of human resource; if an employee is not legally allowed to stay and work in a country so all the other aspects of human resource become meaningless. Therefore human resource professionals must keep themselves update with the immigration laws (Totallyexpat). This report shall entail the following on the account of the effects incurred upon the human resource manager roles due to immigration laws: Basic information relating to the employment related immigration law Work visa categories and their eligibility criteria Best practices to be followed when hiring foreign staff employees Procedure for the follow up of a “no-match” letter receipt Tips to follow to ensure the smooth recruitment of foreign employees in to the company with any clearance delays from the immigration authority Guidance to cater the immigration related liabilities which negatively affect the workforce and employee management relationships Below is the detailed study of the above mentioned aspects of immigration laws on human resource management and foreign employees. Employment Related Immigration Laws The laws which restrict the working of foreign worker and the laws relating to the working of domestic workers are very complex and...
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