IT service providers against US work visa reform bill

August 27 2009 by Matt Jones

Dick Durbin wants US visa changes

Dick Durbin wants US visa changes

Offshore IT service providers are working hard to try to prevent certain provisions included in the H-1B Visa Reform Bill from being passed.

The bill, which is currently in committee, would restrict the ability for firms employing skilled working visa holders to move their employees to another firm without being given permission from the Labour Department.

The US immigration bill, which was introduced by Senator Dick Durbin and Senator Chuck Grassley, says that employers wishing to ‘place, outsource, lease, or otherwise contract for the services or placement of H-1B non immigrants with another employer,’ must first make sure that:

• The US visa holder continues to be supervised by the sponsor company.

• The firm where the visa holder is being placed has not made any US staff redundant in the last six months and will not do so in the following six months.

• The arrangement is not tantamount to a ‘labour for hire’ agreement.

These provisions are restrictive according IT service providers. They claim the provision would prevent them from being able to effectively meet their client’s needs as it prevents offshore IT providers from placing their staff within outsourcing customers’ offices to help with establishing systems etc. This is often achieved through the use of H-1B visas and would be made difficult by the reform bill.

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