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According to the US Citizenship and Immigration Services, IT staffing firms are not considered “U.S employers,” so attempts to petition for them have been rejected.  TechServe Alliance along with the American Staffing Association and some other entities are suing the Federal Government in an attempt to establish that IT staffing companies are lawful businesses, and thus should be allowed to petition for H-1B Visas.

There are countless IT jobs that IT staffing agencies are providing candidates for.  Sometimes these candidates are extremely well qualified but their legal status prohibits them from accepting a job unless the client can offer sponsorship.  Many argue that foreigners are taking IT jobs that Americans can be doing.  Although that may be true in some cases, an employer is not going to hire someone just because they are from another country.  They hire them because their qualifications fit the IT job perfectly.  Providing sponsorships to employees costs them thousands of dollars, so choosing a foreign employee is not always in their best interest.

In the case of IT staffing companies, they should be given the opportunity to present a client without having to worry whether the candidate will be able to work.  The USCIS argues that there isn’t an “employer-employee relationship.” This IT recruiter thinks differently.  As an IT recruiting company, you have to stay on top of the employee and make sure they pay them and are showing up to work.  The IT recruiter tells the candidate that they are hired, but they also find the candidate.  IT recruiting companies are constantly finding IT jobs for Americans in the US, and therefore should be considered a US employer.