S744 - Restrictions on H1 dependent employer
In one of your previous community conference call session , I had inquired about the interpretation of restrictions on H1 dependend employer with regards to following
(a) Outplacement (15% or more)
(b) Allowable limit on max number of H1 employees for the year 2014,2015 and so on
Can you pls confirm if for both (a) and (b) , and intending immigration is excluded from the calculation and is not subject to the said restrictions. You had indicated that employees falling under (b) are exempt and are not counted against the limit BUT employees under (a) are not exempt and even intending immigrants are counted against the 15% limit. I wanted to once again specifically confirm if employees falling under (a) are exempt or not
I was reviewing the bill and its a bit confusing with regards to (a) . Following is the extract
OUTPLACEMENT.—Section 212(n)(1)(F) (8 U.S.C.1182(n)(1)(F)) is amended to read as follows:
‘‘(F)(i) An H–1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H–1B nonimmigrant employee.
The term ‘H–1B-dependent employer’ means an employer that—
‘‘(iii) in the case of an employer that has at least 51 full-time equivalent employees who are employed
in the United States, employs H–1B nonimmigrants in a number that is equal to at least 15 percent of
the number of such full-time equivalent employees.‘‘(B) In determining the number of employees who are
H–1B nonimmigrants under subparagraph (A)(ii), an intending immigrant employee shall not count toward such number.’’.