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Anti-Staffing H-1B Memo to Get Another Meeting

Concerns were raised during a previous public meeting that the memo could prevent staffing firms from bringing in foreign physicians and allied health workers on H-1B visas.

March 24, 2010

U.S. Citizenship and Immigration Services has scheduled another public meeting on Friday, March 26, regarding a memo that restricts staffing firms from bringing in foreign workers on H-1B visas.

The meeting likely will focus on how the memo affects health care staffing firms. Concerns were raised during a meeting February 18 that the memo could prevent staffing firms from bringing in foreign physicians and allied health workers on H-1B visas.

Information technology staffing firms that use H-1B visa workers are also affected by the memo. The TechServe Alliance and others are weighing possible litigation to overturn the memo.

Employers apply for H-1B visas on behalf of workers, and the memo provides examples of what represents an employer-employee relationship and what doesn’t for USCIS to decide who qualifies for H-1B visas.

Two examples in the memo of what doesn’t represent an employer-employee relationship include “third-party placement/‘job shop’ ” and “independent contractors.” The staffing-firm business model doesn’t qualify, according to the memo, because a staffing firm does not maintain control over an employee’s daily tasks.

Click here for more information on Friday’s public meeting. 

Filed by Staffing Industry Analysts, a sister company of Workforce Management. To comment, e-mail editors@workforce.com.

 

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