Angelo Paparelli Quoted in Workforce Management
"Protectionism Sweeps Over H-1Bs as Recruiters Sort Out Stimulus Regulations"

Angelo Paparelli was quoted in the February 2009 Workforce Management article, "Protectionism Sweeps Over H-1Bs as Recruiters Sort Out Stimulus Regulations." The article discussed how although the jobs filled by H-1B visa candidates each year represent less than one-twentieth of one percent of total U.S. employment, they were singled out for special protection under the $787 billion stimulus act. According to the article, the Congressional debate surrounding this issue spurred harsh reaction from opponents, which could threaten the entire H-1B category altogether. Angelo addressed some of the issues related to employing an H-1B worker. For example, if the employer places an H-1B worker at a customer site, the employer must attest that the customer has not laid off a U.S. worker in a similar position within 90 days before or after the date of the placement. Angelo explained that "This means that the employer must be aware of any layoffs at the customer’s site and must basically micromanage the customer’s labor activities—not the best scenario for positive business relations."

The article also noted that the new restrictions require any employer receiving federal funds to make a recruitment attestation that it has made a "good faith" effort to recruit a U.S. worker for the position to be filled by the H-1B candidate. The recruiting effort must meet industry standards and must include salary offers that are as high or higher than the salary offered to the H-1B candidate. Angelo commented, "The ‘good faith’ recruiting attestation requires affirmative labor market testing on an ongoing basis."

Finally, the article noted that recently, opponents of the H-1B visas program in Congress have seized on the very limited cases of H-1B fraud as a vehicle for reducing or banning H-1Bs. Angelo explained, "Congress buys the idea that these employees are brought in to work for lower wages. That’s a false perception." Additionally, he concluded, "The vast majority of employers using these visas are law-abiding employers who incur high fees and costs and additional risks and subject themselves to criminal liability because they need these workers and cannot find suitable employees here."