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Norms get tough for H-1B visa
WSN Bureau
SAN JOSE: FIRMS
receiving taxpayer money in the
US
bailout could face tough restrictions if they decide to hire
foreigners under a visa category for highly skilled workers called
H-1B. The restrictions were tagged on to the stimulus bill by
Senators Chuck Grassley and Bernie Sanders.
For a firm to be classified as H1-B dependent, a high
proportion of its staff must be on such visas. Even these firms can
hire H1B workers who will be paid $60,000 or more a year or have a
relevant master’s or higher degree — so-called “exempt employees” —
without jumping through extra hoops. But for others, the firms are
required to meet additional conditions designed to protect US
workers. The firm must attest that it tried to recruit US workers in
accordance with standard industry practice. This is called the
“recruitment attestation.” Then there is the “displacement
attestation.” The employer must affirm that the H-1B worker’s hiring
did not displace a
US worker in the
same job 90 days before the filing of the petition and will not do
so for 90 days afterwards, Sawhney says. Even “secondary
displacement” — at a client’s site —must be ruled out.
11
February 2009
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