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Companies sue the USCIS over new H-1B requirements

In Florida, many businesses rely on the H-1B visa program to secure employees. A memo that was released by the U.S. Citizenship and Immigration Services in February may severely impact small staffing firms that rely on the H-1B visa program to get the workers that they need. A group of tech staffing firms have filed a lawsuit against the USCIS and are seeking an injunction to prevent the memo from being enforced.

According to the lawsuit, the tech staffing firms say that they will not be able to comply with the memo's added requirements. They believe that the requirements could cause their businesses to close. The memo states that companies must prove that their employees will be working in specialty occupations and will work under the same contract for the entire period of the H-1B visa.

The staffing firms argue that the requirements are impossible for them because they place employees in positions that last for months rather than for years. Many tech companies heavily rely on H-1B visa workers to fill their positions, including large companies like Google, Apple and Facebook. The large companies are unlikely to be negatively impacted by the rule change, however.

Many businesses rely on employment immigration to get the workers that they need. Businesses that are unable to find enough U.S. workers for their available positions might want to talk to experienced immigration law attorneys about the different programs that might be available to them. The attorneys may assist the companies and the foreign nationals that they want to hire with submitting applications for the visa programs. The attorneys may help their clients to make certain that they submit all of the documents that are needed so that they might be likelier to succeed with their employment visa applications.

Source: San Francisco Chronicle, "New H-1B requirements make visa out of reach for smaller firms, suit says", Trisha Thadani, May 3, 2018

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