Thursday, March 7, 2019

STAFFING AND SERVICES COMPANIES UNDER ATTACK FROM USCIS


Staffing companies are under attack from the USCIS. H-1B denial rates at service and staffing companies greatly exceed H-1B denial rates at non-staffing companies. For instance, a recent Forbes article points out that,

“In FY 2018, USCIS denied 80% of the H-1B petitions for new (initial) employment for Capgemini, a French multinational, 61% for U.S. company Cognizant, and between 34% and 54% for IT services companies Syntel, Infosys, Mindtree and HCL America. To put these figures in perspective, major U.S. tech companies, including Amazon, Facebook and Apple, had 1% or 2% of their new H-1B petitions denied in FY 2018.”

The problem was once limited to IT staffing companies, but MU is aware of many healthcare staffing companies who are also seeing unprecedented RFEs. A recent change to the LCA form now requires all H-1B employers to reveal client names and worksites.

Adding to the concern is the long-rumored H-1B regulatory change that will cement current H-1B policies against third-party placement of H-1B workers, make a stricter definition of specialty occupation, and raise prevailing wages. If past changes are any guide, these regulatory changes will probably have little basis in Congressional statute.

12 comments:

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    1. No - Your green card should not be at risk for that reason.

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    3. Your green card should not be at risk. You should hire an attorney to specifically review your case if you are still concerned. There is only so much that can be reviewed on-line.

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  3. Hello. Is this also affected those with EB3 in Philippines?? My receipt date of petition is October 30,2017... And up until now no decision was made.. i was also given a RFE status.. they received already the lacking documents last October 2018. How long i need to wait for the approval notice? Or decision?? Can u enlighten me please. How long the timeline for Nebraska service center? What are the next steps? I'm so worried and anxious already. I'm current already. Thank you

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    2. No - this is for H-1Bs.

      You should check with the attorney on your case to understand the net steps in your case.

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  4. Hello! Im on the same boat, my H1b got approved last year but my immigration lawyer recieved an intent to revoke notice. Now, my status says case was reopened for reconsideration. I would like to ask if how long would it take for the USCIS to have their decision? And what are the chances of having my visa approved? Thank you

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    1. It can take a long time. You definitely should contact the lawyer with any questions. This is too complex for an on-line chat unfortunately.

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  5. Hello attorney.. i know my post here is not related to the topic, but i just want to ask how the Fairness for high skilled workers of 2019 Act would affect EB3 nurses?

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