U.S. Citizenship and Immigration Services (USCIS), the agency within the U.S. Department of Homeland Security that adjudicates immigration benefits, issued sweeping new guidance on Jan. 8 that limits the ability of many staffing companies to hire foreign professional workers. Many of those companies rely heavily on the H-1B visa category, which allows a company to sponsor foreign professionals to work in the United States for up to six years. As the economy improves, many companies will find it increasingly difficult to hire and retain skilled foreign workers.
Pursuant to the new guidance, USCIS no longer approves H-1B petitions for companies that fail to establish that they have valid employer-employee relationships with the foreign workers throughout the H-1B validity period.
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