Published by: The Times of India - Nov 18, 2024
https://tinyurl.com/bd62mfc2
Quotes and Excerpts from Rajiv in the article:
Rajiv S Khanna, managing attorney at Immigration.com said, “The new H-1B regulations represent a shift in how tech staffing companies must operate. The regulations create a three-pronged framework of scrutiny: enhanced site inspections that can occur anywhere H-1B workers are placed, comprehensive documentation requirements for the entire contractual chain between staffing companies and end clients, and a redefinition of how USCIS will evaluate specialty occupation requirements for staff placement at third-party worksites.”
He adds, "The regulations grant USCIS sweeping authority to conduct verifications ‘through lawful means. This includes not just site visits but also electronic validations, document reviews, and interviews with ‘any other individuals possessing pertinent information.’ Most troublingly, for staffing companies, these inspections can occur at any location where the H-1B worker ‘works, has worked, or will work.’
“Most significantly, staffing companies now face potential H-1B denials or revocations if any party in the chain - including end clients - fails to cooperate with USCIS verifications. Combined with the requirement to prove ‘bona fide’ positions when filing and the shift to evaluating specialty occupation requirements based on end-client standards rather than staffing company criteria, these changes create substantial operational challenges," concludes Khanna.
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