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Anti-staffing H-1B memo to get another meeting

March 24 2010

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

The meeting scheduled for Friday appears to focus on how the memo impacts healthcare staffing firms. Concerns were raised during a previous public meeting on Feb. 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 impacted 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.

For more information on Friday's public meeting -- to attend or listen over the phone -- click here.


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