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Immigration: H-1B New Hire Restrictions for Certain Employers
The stimulus bill includes language that places additional obligations on H-1B employers receiving funding under the Troubled Asset Relief Program (TARP) or under Section 13 of the Federal Reserve Act (authorizing the Federal Reserve's "Discount Window" for short-term, secured loans to financial institutions and other companies).
Effective immediately, the stimulus bill makes it unlawful for recipients of such funding to hire a new H-1B worker unless the company complies with certain conditions previously imposed exclusively on "H-1B dependent employers." By making such employers subject to the "H-1B dependent" requirements, the stimulus bill requires employers who sponsor a new H-1B visa to demonstrate that, among other things, the employer will not displace any similarly employed U.S. worker in the 90 days prior or 90 days after the filing of an H-1B petition; the employer will not place the H-1B worker with another employer to fill the position of a displaced U.S. worker (i.e. on contract); and the employer has taken good-faith steps to actively recruit U.S. workers, including offering the job to any U.S. worker who applies and is equally or better qualified for the position.
In addition, the term "hire" is defined in the stimulus bill as permitting "a new employee to commence a period of employment." Therefore, these conditions do not appear to apply to H-1B extension petitions filed on behalf of current H-1B employees or may not apply to H-1B change of status petitions filed on behalf of employees currently working for the employer pursuant to another nonimmigrant status (i.e. F-1 [OPT], J-1, TN, etc.). CIS has indicated additional guidance on these types of filings will be forthcoming. The stimulus bill includes a two-year sunset provision, with termination on February 16, 2011, unless further legislative action is taken.
For any additional questions please contact Maria Fletcher at 208-282-5304, or email fletmari@isu.edu
Increased Personnel Action Scrutiny
With the uncertainty surrounding the economy and how it will impact Idaho State University, ISU has decided to take steps to minimize the likelihood of adversely impacting the jobs of faculty and staff. While not imposing a hiring freeze, we are implementing a more flexible approach. Effective immediately, ISU will begin a process of increased personnel action scrutiny with the objective of ensuring whether it is essential that ISU move forward with any recommended personnel action at the time proposed. This is a necessary measure due to current economic conditions. This process will apply to all personnel actions such as, but not limited to, creating new positions, reassignment of responsibilities that result in salary increase(s), filling new or vacant positions, position reclassifications and promotions, and non-routine salary increases. This applies to all benefitted faculty and staff positions, including emergency hires. This process will not apply to faculty tenure and promotion, nor personnel actions funded 100% by sponsored funds.
This process of increased personnel action scrutiny will begin with a form (see attached) that must be completed and submitted for consideration prior to any personnel action process being initiated. Recommended personnel actions will be evaluated based upon factors such as, but not limited to, the impact on accreditation, the impact on student recruitment and retention, whether they are mission critical, and/or provide a significant return on investment (ROI). Some examples of ROI benefits are that a proposed personnel action will bring in additional funding, additional students, or provide cost savings.
Colleges/Departments will need to complete the attached form. This form must be submitted to the Office of Human Resources, who will then forward the form to the Vice Presidents Committee for consideration. There will be one vote per Vice President functional area as follows:
- University Advancement
- Student Affairs
- Academic Affairs
- Research
- Finance and Administration
The recommended personnel action will be evaluated by the committee and approved/disapproved. If approved, the College/Department will then need to proceed with normal Human Resources, Academic Affairs and/or Affirmative Action forms to initiate the appropriate process related to the recommended personnel action (i.e. emergency hire request, new position request to SBOE, PDQ for position audit, AA175 search process form, etc.). Please note that the recommended personnel action may be amended as part of ISU’s normal process and review procedures.
The Vice Presidents will review all current open searches/recruitments. No offers of employment to fill current openings can be made without prior approval of the Vice Presidents Committee.
The Office of Human Resources is available to answer questions about this process.