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Old 04-27-2009, 05:46 PM
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Dec-07
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Originally Posted by vbkris77 View Post
Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..


``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;

``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and

``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.

the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.

In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
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