CORONA VIRUS / COVID-19 ADVISORY

Due to the health risks posed by the Corona Virus tragedy, our office is following the directives of the governor of California in order to minimize the risks to our staff, our clients and our community. Our office will continue to operate fully, as it has thus far, observing our normal schedule, Monday through Friday from 8:30 a.m. to 5:30 p.m. We will continue to schedule appointments to meet with clients and will do this via ZOOM or Telephone only.

If you would like to schedule an appointment with any of our lawyers or staff members, please do so by calling our office at 619-291-1112. You can also contact us via e-mail at [email protected]janbejar.com

Thank you for your understanding.

AVISO DE CORONA VIRUS / COVID-19

Debido a los riesgos para la salud planteados por la tragedia del Virus Corona, nuestra oficina está siguiendo las directivas del gobernador de California para minimizar los riesgos para nuestro personal, nuestros clientes y nuestra comunidad. Nuestra oficina seguirá funcionando a pleno, como lo ha hecho hasta ahora, cumpliendo con nuestro horario habitual, de lunes a viernes de 8:30 a.m. a 5:30 p.m. Continuaremos programando citas para reunirnos con los clientes y lo haremos solo a través de ZOOM o por teléfono.

Si desea programar una cita con alguno de nuestros abogados o miembros del personal, hágalo llamando a nuestra oficina al 619-291-1112. También puede contactarnos por correo electrónico a [email protected]

Gracias por su comprensión.

Resolving Immigration ProblemsIn An Honest & Responsible Manner

Senate version of employment immigration reform draws fire

There’s a heated debate over changes in the H-1B visa program made in the Senate version of immigration reform. Employment immigration is vital in California and perhaps to a slightly lesser degree throughout the country. Several sources are criticizing the protectionism imbedded in the Senate version.

Critics say that the provision on H-1B visas doesn’t live up to America’s role as a country supporting free trade. They say that companies like IBM and Accenture have managed to rewrite the H-1B visa program to allow them to add foreign workers on a work visa while forcing Indian companies in the United States to subtract them. The Senate bill raises the cap on high-skilled H-1B visas from 85,000 to potentially 185,000. But it targets several India-based companies and prohibits them from using the additional visas for employment immigration.

The targeted companies now have a majority of United States workers on H-1B visas or the equivalent. However, the Senate change bars 50-employee strong companies, with over 50% of its U.S. workforce on H-1Bs, from applying for more visas after 2016. In the interim, they will have to pay up to $15,000 in visa fees for every additional applicant compared to the $5,000 for other companies.

Furthermore, the bill restricts outplacement so that these companies cannot place their H-1B workers on their client’s sites. But this goes against an established, popular business model for these companies and the industry. Because outplacement is an integral part of the trouble-shooting work that these firms supply to American businesses, Indian-based companies feel like they’re being driven out of the United States.

American companies in California and elsewhere will benefit from the protectionism against Indian and foreign companies built into the bill. However, they may also suffer the backlash. Another practical effect, if the provision is not modified, is that India will in turn discriminate against American companies doing business in India. This will reduce the number of contracts from the government of India going to IBM and others in favor of Indian-owned businesses. Consequently, negotiations may favor a less protectionist employment immigration provision that’s been passed by the House Judiciary Committee.

Source: businessinsider.com, “US Tech Firms Are Using A Sneaky Provision In The Immigration Bill To Screw Their Indian Competitors,” Shikha Dalmia, July 11, 2013

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