Legal Question in Employment Law in New Jersey
My company which is located in NJ is planning a layoff, however they have job postings to hire H-1 visa holders immediately after the layoff for the exact positions they are eliminating, is this legal?
2 Answers from Attorneys
No. H-1 visas are intended to provide workers for positions for which there is a shortage of qualified workers in the USA. Assuming that there is nothing more to the story, that is not the case here. Employers with openings and staffing companies often collaborate to circumvent this requirement. U.S. Citizenship and Immigration Services investigates abuse of the visa system. Your may make reports to this agency.
See also: http://info.corbettlaw.net/lawguru.htm
Generally speaking, what you had mentioned is NOT proper. In fact, when a company hires H1 visa holders, it has to certify to the Department of Labor that it could not find qualified Americans to do the job. Submitting untrue statements to the Federal government is a serious matter.
Please contact me as soon as you can and I will refer you to my colleauges who practice immigration and employment law.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
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