Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > IV Agenda and Legislative Updates
Click to log in with Facebook
IV Agenda and Legislative Updates Immigration Voice's Agenda and Legislative Updates

Reply
 
LinkBack Thread Tools Display Modes
  #16 (permalink)  
Old 02-13-2009, 08:03 PM
Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Dec 2006
Posts: 31
Deepika is just really nice Deepika is just really nice Deepika is just really nice Deepika is just really nice
Default I dint find L1 mentioned

I dint find anywhere that mentioned L1 also comes under this... or am i missing something.
Bookmark and Share Compare Reply With Quote


  #17 (permalink)  
Old 02-13-2009, 08:22 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 148
abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of abracadabra102 has much to be proud of
Default

Quote:
Originally Posted by pappu View Post
After the last report, we have now received conflicting information about the removal of anti legal skilled immigration provision from bill H.R.1. We have received unconfirmed information that anti legal skilled immigration provision to ban H1B/L-1 for TARP funded companies may have been in the H.R.1.

We are in the process of verifying this information which is unconfirmed at this time. We will post updates as soon as we are able to share further information. Please standby.

Immigration Voice Team
Looks like H-1B provision is going to be there in the bill.
This is from the conf. report filed by house and is likely to pass.

Title:
"CONFERENCE REPORT ON H.R. 1, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 -- (House of Representatives - February 12, 2009)"

Section 1611 provides that it shall be unlawful for any recipient of funding of Title I of the Emergency Economic Stabilization Act of 2008 or section 13 of the Federal Reserve Act to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act unless the recipient is in compliance with the requirements for an.H-1B dependent employer as defined in that Act. This requirement is effective for a two-year period beginning on the date of enactment of this Act.

The above provision has conference agreement.

The same conf. report says e-verify is dropped

The conference agreement does not include the following provisions proposed by the House: requirements for timely award of grants; use it or lose it requirements for grantees; set-asides for management and oversight; as these issues' have been addressed, in certain circumstances, within the appropriate appropriating paragraphs. In addition, the conference agreement does not include the following provisions proposed by the House: requirements regarding funding for the State of Illinois; and requirements for participation in E-Verify.

H-1B restriction is almost certain to survive the final vote.

More here (look for HR.1)
Bookmark and Share Compare Reply With Quote


  #18 (permalink)  
Old 02-13-2009, 08:44 PM
Member
Priority Date
:
Sep-01
Category
:
EB3
I140 Mailed Date
:
06/27/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/27/2007
Compare
Join Date: Feb 2006
Posts: 66
sathweb is a jewel in the rough sathweb is a jewel in the rough sathweb is a jewel in the rough sathweb is a jewel in the rough
Default

Quote:
Originally Posted by abracadabra102 View Post
Looks like H-1B provision is going to be there in the bill.
This is from the conf. report filed by house and is likely to pass.

Title:
"CONFERENCE REPORT ON H.R. 1, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 -- (House of Representatives - February 12, 2009)"

Section 1611 provides that it shall be unlawful for any recipient of funding of Title I of the Emergency Economic Stabilization Act of 2008 or section 13 of the Federal Reserve Act to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act unless the recipient is in compliance with the requirements for an.H-1B dependent employer as defined in that Act. This requirement is effective for a two-year period beginning on the date of enactment of this Act.

The above provision has conference agreement.

The same conf. report says e-verify is dropped

The conference agreement does not include the following provisions proposed by the House: requirements for timely award of grants; use it or lose it requirements for grantees; set-asides for management and oversight; as these issues' have been addressed, in certain circumstances, within the appropriate appropriating paragraphs. In addition, the conference agreement does not include the following provisions proposed by the House: requirements regarding funding for the State of Illinois; and requirements for participation in E-Verify.

H-1B restriction is almost certain to survive the final vote.

More here (look for HR.1)
The phrase "H-1B dependent employer" means that the companies with at least 15% of H1B's. Most of the big companies that are receiving TARP funds are not "H-1B dependent employer". For that matter, only consulting companies may qualify as H-1B dependent employer.

But again, the danger is that most of these big companies, to keeps politicians happy, may avoid H1B's altogether for next 2 years.
Bookmark and Share Compare Reply With Quote


  #19 (permalink)  
Old 02-13-2009, 08:55 PM
Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Jan 2006
Posts: 76
hydboy77 is a splendid one to behold hydboy77 is a splendid one to behold hydboy77 is a splendid one to behold hydboy77 is a splendid one to behold hydboy77 is a splendid one to behold hydboy77 is a splendid one to behold
Default

Yes most if not all the of the companies receiving the TARP funds are not "H-1B dependent employer" but what this amendment says is if you receive tarp funds you will be treated as an "H-1B dependent employer" irrespective of the number of H1b they hold. Obviously "H-1B dependent employer" will have more restrictions for hiring H1b like testing\hiring attempt in the market for american employees before hiring h1b (semilar to filing for labor approval). Basically they have made it difficult if not impossible to hire H1b.


Quote:
Originally Posted by sathweb View Post
The phrase "H-1B dependent employer" means that the companies with at least 15% of H1B's. Most of the big companies that are receiving TARP funds are not "H-1B dependent employer". For that matter, only consulting companies may qualify as H-1B dependent employer.

But again, the danger is that most of these big companies, to keeps politicians happy, may avoid H1B's altogether for next 2 years.
Bookmark and Share Compare Reply With Quote


  #20 (permalink)  
Old 02-13-2009, 09:03 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 103
gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute gauravster has a reputation beyond repute
Default TARP companies to be treated like H1B Dependent

The wording of the clause seems to imply to me atleast that the companies which receive TARP money will be treated as H1B dependent and would have to follow all the same processes that H1B dependent firms have to follow to hire H1B employees. This would essentially mean a labor market test when you hire someone on H1B.

Further, H1B dependent firms have an exception that they do not need to test the labor market if the base salary is more than $60,000. But for TARP companies that is being lifted. Meaning that the labor market test is essential for all jobs.

As labor market test takes about 3 months, it appears that none of the TARP receiving companies will be able to apply for H1B visa before 1 Apr for new H1B visas. Not sure what the outlook on new H1B visas is though. I still feel that all visas would be exhausted in a few days if not day 1/2.

What I do not know is when is labor market test is required. Is it after the person is hired, or before. Meaning, someone can start working (assuming she is already on H1) and then the company can try for a labor market test. Is there some way by which laid off H1 person can be hired if specific skills are in need at another place.
Bookmark and Share Compare Reply With Quote


  #21 (permalink)  
Old 02-14-2009, 12:50 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 1
Peace007 is on a distinguished road
Default Clarity on Strict Hiring Rules - Allowed exceptions

Not sure how uptodate this information is.
http://www.laborimmigration.com/2009...rp-recipients/



However, the requirements on an H-1B dependent employer do not apply for “exempt H-1B nonimmigrants” which include (1) those holding a master’s or higher degree or its equivalent in a specialty related to the intended employment, or (2) who earn wages (including cash bonuses and similar compensation) at an annual rate of at least $60,000. This exemption is not likely to cover all, but is likely to cover many of the intended foreign national beneficiaries of H-1B visas from TARP recipient companies.

Finally, the definition of “hire” is drafted in a way that includes only new employment. This should mean that H-1B extensions for H-1B holders already employed at TARP recipient companies should not be subject to the additional requirements
Bookmark and Share Compare Reply With Quote


  #22 (permalink)  
Old 02-14-2009, 01:27 PM
Junior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 5
rs_123 will become famous soon enough
Default

Quote:
Originally Posted by Peace007 View Post
Not sure how uptodate this information is.
http://www.laborimmigration.com/2009...rp-recipients/



However, the requirements on an H-1B dependent employer do not apply for “exempt H-1B nonimmigrants” which include (1) those holding a master’s or higher degree or its equivalent in a specialty related to the intended employment, or (2) who earn wages (including cash bonuses and similar compensation) at an annual rate of at least $60,000. This exemption is not likely to cover all, but is likely to cover many of the intended foreign national beneficiaries of H-1B visas from TARP recipient companies.

Finally, the definition of “hire” is drafted in a way that includes only new employment. This should mean that H-1B extensions for H-1B holders already employed at TARP recipient companies should not be subject to the additional requirements

It is still not clear how USCIS will implement/ interpret this law. I guess, we will have to wait till we see a regulation from USCIS. Check this link - exemptions (MS or 60K) are not applicable for TARP companies

http://pubweb.fdbl.com/news1.nsf/9ab...0?OpenDocument
Bookmark and Share Compare Reply With Quote


  #23 (permalink)  
Old 02-14-2009, 01:41 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

The US Congress has barred firms receiving government bailout from hiring Indians and other foreign workers through the skilled worker visa (H1-B) programme, if they are replacing American workers.

The bar comes even as IT firms in the US and India are demanding an increase in the H1-B visa, which is capped at 65,000 a year now.

Indians account for a majority of those with H1-B visa, issued to non-immigrant skilled workers for up to six years.

Restricting hiring of H1-B visa holders forms part of American Recovery and Reinvestment Act, widely known as the stimulus bill that was passed by the Congress yesterday.

With thousands of jobs being cut by US companies almost daily over the past few months, there have been widespread apprehensions that these positions could go to low-cost foreign workers or might be outsourced to places like India.

The government data for 2008 shows that about 5.7 lakh Indians were issued H1-B and other non-immigrant visas.

Experts believe the Congress' move would certainly impact hiring of H1-B visaholders, thus affecting in a big way the engagement of Indian techies in the US, but might not affect outsourcing of jobs to places like India.

About two years ago, the US had cut down the H1-B visa limit to 65,000, from 1,95,000 a year previously.

IT firms, both Indian and American, have been asking to raise the cap to allow the companies in the US greater access to the growing talent pool across the world.

Senator Bernie Sanders, who along with another Senator Charles Grassley had moved the proposal for such restrictions, said that about a dozen banks which are getting over $150 billion as the bailout money have sought visas for over 21,800 foreign workers in past six years to replace sacked Americans.

These banks have announced at least one lakh job cuts in the recent months, Sanders noted.

Earlier this month, India-born international economist Jagdish Bhagwati also argued that the provision to restrict hiring of H1-B visaholders would deprive the US of the best global talent which comes in the form of highly trained and talented people.

"In terms of broader considerations like the people who are coming in on H1-B visas -- they're frequently highly trained and talented people and ... a lot of our progress and prosperity depend on having such people," Bhagwati, Professor of Economics at the Columbia University had said.

The American Immigration Lawyers Association, which also has been opposing the measure, described the Congress approval as "disappointing" and argued that this would prove to be counterproductive as it prevents the US companies to hire the best available global talent.

The amended stimulus bill would require the banks receiving the bailout money to hire only Americans for two years unless they could prove they were not replacing laid-off Americans with guest workers, Sanders had said.

"With thousands of financial services workers unemployed, it is absurd for banks to claim they can't find qualified American workers," Sanders said.

"While we are suffering through the worst economic crisis since the Great Depression, the very least we can do is to make sure that banks receiving a taxpayer bailout are not allowed to import cheaper labour from overseas while they are throwing American workers out on the street," he said.

In addition to banks, the Sanders-Grassley provision also restricts hiring of guest workers at any other firm that receives funds under the Troubled Asset Relief Programme or from emergency loans made by the Federal Reserve.
Bookmark and Share Compare Reply With Quote


  #24 (permalink)  
Old 02-14-2009, 03:42 PM
Senior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
12/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2007
Posts: 151
vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute vactorboy29 has a reputation beyond repute
Default more news on this

http://economictimes.indiatimes.com/...74.cms?curpg=2
__________________
PD - NOV 2006
I-140 APRROVED (EB2) JUNE 25, 2007
I- 485- Pending
Bookmark and Share Compare Reply With Quote


  #25 (permalink)  
Old 02-14-2009, 04:12 PM
Junior Member
Priority Date
:
Oct-07
Category
:
EB3
I140 Mailed Date
:
01/29/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2008
Posts: 16
pkd666 is just really nice pkd666 is just really nice pkd666 is just really nice pkd666 is just really nice pkd666 is just really nice
Default I work for a TARP Bank

I work for a bank that received the TARP money. And i had a chat with the in house lawyer who handled my H1 extension. According to the lawyer this would not be a big issue because this amendment only makes the bank a H1 dependent employer. and in my case particularly when the bank applied for the labor they went through a full blown hiring process and could not find anybody suitable. and when the H1 extension comes up next year a similar process is needed.
Bookmark and Share Compare Reply With Quote


  #26 (permalink)  
Old 02-14-2009, 04:48 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 952
h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute h1techSlave has a reputation beyond repute
Default Are the banks firing American software programmers?

They keep saying that the banks are firing 1000s of Americans while hiring/employing H1B folks.

What are the types of jobs eliminated by the banks? I guess, they are mostly in financial analysts, stock brokers etc. But H1Bs are mainly for technolgy job. Are the banks eliminating IT jobs?

If we can present the detailed information regarding the types of jobs eliminated as a percentage, that would be a fitting reply to many antis.
__________________
Support Fairness! DONATE
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Breaking NEWS:- Only OPT rule so far..... gcformeornot IV Agenda and Legislative Updates 23 04-05-2008 12:50 AM
BREAKING News: ALL EB unavailable pappu IV Agenda and Legislative Updates 2025 07-16-2007 02:56 PM
Please standby for breaking news. admin IV Agenda and Legislative Updates 2 04-07-2006 02:31 PM



All times are GMT -4. The time now is 12:08 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org