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Withdrawn :updaated : DOL requires end clienttt to fileee llllcccaa n hh11bb as weell


cloud

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18 minutes ago, Tellugodu said:

Why ?? You always used to say that itserve or court lo case vestaru, evaru em pekaleru ani .. what suddenly changed??

Capitol hill Riots tharvatha vomerica meedha respect poyindhi. 

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34 minutes ago, Raazu said:

don't worry, no matter how strict the rules are desi consulting companies will find a way.

Andhuke ee sari rule client side vadiladu

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https://www.dhs.gov/sites/default/files/publications/21_0115_uscis_strengthening-final-rule.pdf

 

Not only LCA , now USCIS says end client should also file h1b petition 

 

from the new definition of the employment relationship, coupled with the existing requirement of 8 C.F.R. § 214.2(h)(2)(i)(C), it necessarily follows that in cases where both a primary employer and a third-party employer have an employment relationship with an H-1B worker preforming work at the third-party employer’s jobsite, both employers will be required to file a petition for that worker.

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  • cloud changed the title to updaated : DOL requires end clienttt to fileee llllcccaa n hh11bb as weell
44 minutes ago, cloud said:

 

https://www.dhs.gov/sites/default/files/publications/21_0115_uscis_strengthening-final-rule.pdf

 

Not only LCA , now USCIS says end client should also file h1b petition 

 

from the new definition of the employment relationship, coupled with the existing requirement of 8 C.F.R. § 214.2(h)(2)(i)(C), it necessarily follows that in cases where both a primary employer and a third-party employer have an employment relationship with an H-1B worker preforming work at the third-party employer’s jobsite, both employers will be required to file a petition for that worker.

Enti bro idi one hour gap lo maarchara? Or starting nunchi ide vnda? 

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1 minute ago, ring_master said:

Enti bro idi one hour gap lo maarchara? Or starting nunchi ide vnda? 

Idi jaragani pani.court lo caselu vesi dobbutaru..client ki eam pani h1 file cheyavalasina..

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52 minutes ago, cloud said:

 

https://www.dhs.gov/sites/default/files/publications/21_0115_uscis_strengthening-final-rule.pdf

 

Not only LCA , now USCIS says end client should also file h1b petition 

 

from the new definition of the employment relationship, coupled with the existing requirement of 8 C.F.R. § 214.2(h)(2)(i)(C), it necessarily follows that in cases where both a primary employer and a third-party employer have an employment relationship with an H-1B worker preforming work at the third-party employer’s jobsite, both employers will be required to file a petition for that worker.

 

 

DHS also notes that the adoption of the common-law test for determining which entities have an employment relationship with an H-1B worker suggests DHS should otherwise adjust its enforcement practices to ensure consistency and to follow the best reading of the INA and its regulations. Under the common law, multiple entities can have an employment relationship with a worker simultaneously. Further, existing DHS regulations already provide that if an H-1B “beneficiary will perform nonagricultural services for, or receive training from, more than one employer, each employer must file a separate petition with USCIS.” 8 C.F.R. § 214.2(h)(2)(i)(C). In consequence, it is possible that under third-party placement arrangements, where a primary employer contracts out an H-1B worker to a third-party entity, the third-party entity will also be considered an employer of the H-1B worker under the common-law test adopted in this rule. In such cases, the third-party entity would also be required to file a petition for the H-1B worker.

 

Although third-party entities with an employment relationship with an H-1B worker have historically not been required to file petitions, this revision in practice to require them to do so is a natural and necessary consequence of DHS adopting the common law definition of what constitutes an “employment relationship.” For example, from the new definition of the employment relationship, coupled with the existing requirement of 8 C.F.R. § 214.2(h)(2)(i)(C), it necessarily follows that in cases where both a primary employer and a third-party employer have an employment relationship with an H-1B worker preforming work at the third-party The following is the text of the final rule that was signed on Thursday, January 14, 2021 and that the Department has sent to the Federal Register for publication. For an official version, please see the version published in the Federal Register. employer’s jobsite, both employers will be required to file a petition for that worker. See Comite De Apoyo A Los Trabajadores Agricolas v. Solis, No. 09-240, 2010 WL 3431761, at *16 (E.D. Pa. Aug. 30, 2010) (concluding, in the H-2B context, that an interpretation requiring only job contractors to file for labor certifications was contrary to the plain language of the regulation, which required “each employer” to file a petition with USCIS

 

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