The government has started the squeeze on OPT. It looks like 3rd party staffing as well as remote work situations for OPT trainees are either completely out, or, restricted enough to eliminate practical benefit to IT staffing "companies" using foreign IT students. Now, this may not be too much of a disruption for entities following the spirit of OPT as a training program. After all, it is called OP-T, not OP-W, because it is for training experience and not intended to serve as a back-door work program. But some entities will see a major roadblock in the way they've been doing business, and it seems USCIS is concerned most with these companies in its January 24, 2018 Update. The IT staffing "consultancies," especially the one guy LLC who collects billable hours by passing Java and Sharepoint resumes, through his apartment computer in Piscataway, to 2nd and 3rd tier subvendors (or his own dummy LLCs), must now abide by restrictions not previously in place. Yo…
In 2016, Time Magazine listed the 20 Best Songs to Wake Up To. Don't ask me how Hit the Quan made the list. In immigration news, however, the Trump administration just issued a policy memo that should wake up every IT manager in America, whether or not they employ noncitizens. To be sure, every IT Consultant involved with H1B visas should sit up and read this.
As of today, the USCIS has "clarified" the Policy Requirements for Third-Party Worksite H-1B's, i.e. IT consultancies. I put "clarified" in quotes because, although the new memo mostly restates the current law and requirements for H1B visas (not altogether unneeded by the way), there are several subtle and not so subtle hints regarding the way off-site employee H1B visas will be treated in the Trump administration. This amounts to new H1B policy just as we enter the season of annual new H1B filings.
Less deference will be given to H1B petitions, especially those involving IT consultanci…
It seems the immigration scammers become bolder every day. Today I came across this little gem posting for indentured servitude amongst the foreign student population. And why not? As I said before in previous posts about IT consultant abuse, there are no prevailing wage requirements for foreign student trainees like there is for H1B visa workers. However, this erstwhile recruiter forgot the U.S. has another area of law that governs fair labor for everyone. For fun, how many violations in this post can you guess?
So, in the spirit of Jeopardy and honoring Alex Trebeck, here are the "questions":
1) What is a maximum age requirement? 2) What is hiring someone from a specific immigration category? 3) What is inducement into prohibited work arrangements? 4) What is the requirement of work authorization before a job offer?