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Group Finds Ally in H-1B clash

June 24 2011

The TechServe Alliance announced Monday that Senator John Cornyn, R-Texas, weighed in against U.S. Immigration and Customs Enforcement’s “Neufeld Memo” and its prohibitions against staffing firms being able to bring in H-1B visa holders.

The TechServe Alliance reported Cornyn’s letter to the USCIS stated the agency “should not create a new policy that essentially denies the entire IT consulting and staffing industry access to H-1B workers.”

Cornyn is the ranking member of the Immigration Subcommittee.

“We could not ask for a better advocate of industry interests,” Mark Roberts, CEO of the TechServe Alliance, said in a press release. “We look forward to continuing to work with Senator Cornyn and other members of Congress a we seek to ensure IT staffing firms have access to H-1B professionals on the same basis as companies in other industries.”

The Neufeld memo was released to USCIS workers in January 2010. It offered them information on defining an employer when considering H-1B visa applications. The memo listed “third-party placement/job shop” as an example of a firm that wouldn’t qualify as an employer.

The TechServe Alliance, the American Staffing Association and others sued the USCIS in June 2010. Although the case was dismissed, the USCIS conceded that staffing firms could be considered employers for the purposes of bringing in H-1B visa holders.

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