As reported earlier this week, the Senate version of the Stimulus package contains restrictions on the use of H-1b visas by companies receiving funds. In typical Grassley fashion, the basis for the restrictions was short on facts and logic and long on rhetoric and 19th century protectionist thinking. The National Foundation for American Policy has created a nice 1 page briefon the topic. Although the restrictionist language is not final until the House and Senate produce a single bill, it is unlikely that the provisions will be stripped in conference. Although the impact of this specific provision may be minor, the attitude and fervor with which Senator Grassley continues to spew forth policies that restrict or eliminate the legal use of international workers is alarming.
Archive for February, 2009
Sanders/Grassley amendment bad policy
Wednesday, February 11th, 2009Stimulus Bill and H-1b’s
Monday, February 9th, 2009As reported in the Times of India, the US Senate has place some H-1b hiring restrictions in its version of the stimulus bill. In essence, a company which receives money as part of the economic stimulus bill must operate as an H-1b dependent employer to hire new H-1b’s. We will be monitoring the situation. Check back here for further updates.
Unemployed on OPT and hoping for H-1B? Plan accordingly!
Friday, February 6th, 2009In 2008, USCIS enacted rules limiting the amount of time a student in OPT may be unemployed. A student is now limited to 90 days of unemployment while on OPT before he/she is considered to have violated the terms of the F-1 student visa.
However, many students continued to ask, “If I didn’t find a job in 90 days, do I still get a 60 day grace period to remain in the US?”
In a recent teleconference (01/22/2009) with the Nebraska Service Center, USCIS stated that if a student exceeds the maximum period of allowable unemployment while on OPT (90 days of unemployment during the 12 months of OPT / 120 total days if given a STEM extension), the student is NOT allowed to have the 60 day grace period. He/she must depart the US immediately.
”What happens if I continue to stay in the US after my 90th day of unemployment and I later find an employer willing to sponsor me for an H-1B?”
Prepare for a denial. USCIS will be carefully examining the records of students on OPT by verifying the employment information in the SEVIS system. First time H-1B applicants that worked on OPT should be prepared to produce paychecks detailing when they started working, when they ended the position, and if/when they transferred to a new employer (if applicable). This information may be needed in the event of a Request for Evidence.
Commerce Pick Looks to be Pro H-1b
Friday, February 6th, 2009The Hindustan Times is reporting that President Obama’s pick for Commerce Secretary, Judd Gregg, has a history of speaking in favor of the H-1b program.
The impact of lay-offs on H-1b workers
Monday, February 2nd, 2009The San Jose Mercury News ran an interesting article on the impact of lay-offs on H-1b workers. With no grace period for H-1b workers after a lay-off, the clock is ticking. To learn more about options, contact any of the HLG attys.
Implementation of New I-9 Form Delayed
Monday, February 2nd, 2009The effective date of the new I-9 form has been delayed for 60 days until April 3, 2009. The new form was originally suppose to take effect today, February 2, 2009. However, the Department of Homeland Security has delayed the effective date stating “[t]his temporary extension will provide DHS with an opportunity for further consideration of this rule.” USCIS is also extending the comment period for this rule until March 4, 2009. For further information, please contact your HLG attorney.