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Hurdles Multiply For H-1b Seekers

By Network World

April 6, 2010



U.S. government efforts to enforce H-1B visa rules could reduce the demand for the 65,000 available visas for fiscal year 2011, for which applicants could petition beginning April 1.

The Neufeld Memo, which places new emphasis on employee-employer relationships, is one of several new requirements that could make it harder for workers to qualify for a H-1B visa. The memo provides guidance on the requirement that a petitioner establish that an employee-employer relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. Employers sponsoring H-1B applicants need to demonstrate that they have control over the geography, pay, and supervision of the potential employee, says attorney Eleanor Pelta "Clearly when a consulting company places an H-1B worker on a client site, there will be a lot of questions around who exactly is controlling the employee," Pelta says.

The U.S. Citizen and Immigration Service also announced that it would make 25,000 random employer site visits to make sure that companies were adhering to the visa guidelines.

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