Intel Contingent Worker Immigration Guidelines, Compliance Requirements,

and Sponsor and Supplier Tools

Intel Immigration

August 2015

Background: Legal Standard• January 2010: US Citizenship and Immigration Service (“USCIS”) issued a

policy interpretation restricting the circumstances where workers in H-1B visa status are legally eligible to work at customer sites. (“The H-1B Memo”).

• Under the H-1B memo, an H-1B visa is proper only when the employer sponsoring the Contingent Worker (CW) for a visa is also the direct supervisor of the visa holder.

• Since 2010, concepts of the H-1B memo have extended to other visa types, including TN and L.

• These developments required Intel to change its qualification criteria for CW’s, leading to adoption of Intel CW Immigration Guidelines.

• See: Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions

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Intel Guidelines• U.S. Staff Augmentation CW positions

– All CW’s must be “U.S. Workers”. –“U. S. Worker” means a U.S. citizen, U.S. national (from Samoa or Northern Mariana Islands), Legal Permanent Resident (e.g., a green card holder), or a person granted asylum or refugee status by the U.S. government. – Visa employees are ineligible for Staff Augmentation.

• US outsourced CW roles–Visa workers and other work-authorized foreign nationals can work at Intel, so long as the following requirements are met:• Where the CW has an employer-sponsored work visa, the Supplier must be both the direct employer and visa sponsor

of the visa worker. Suppliers cannot fill Outsourced CW roles with employer-sponsored visa workers employed by another company.– NOTE: Intel allows Suppliers to fill Outsourced CW roles with workers from another company only when the CW is a U.S. Worker (see

definition above) or is a foreign national with a valid Employment Authorization Document (“EAD” or “I-766), and only for the validity period of the EAD.

• Where the visa worker is in H-1B visa status, the Supplier must ask Intel to electronically post required Labor Condition Application information before the assignment begins. (See Slide 5.)

•Note that these obligations apply only when the outsourced CW works on site at Intel.

–Although the Supplier may have immigration compliance responsibilities where the work is performed off-site from Intel, that is outside of the scope of this presentation.

•For more information, see Supplemental Information starting at Slide Number 9.3

What Intel Sponsors & Suppliers Need to Know About Intel Guidelines?

• Intel expects Suppliers to know and follow its Guidelines.

• Best resource is supplier.intel.com/governance/contingent workforce/contingent workforce global policy– Select link for Intel Contingent Worker US Immigration Guidelines– Materials for sponsors is available under Contingent Workforce (CW) CW Related Policies

• Intel has outsourced its H-1B memo compliance efforts to its outside immigration counsel. Sponsors and Suppliers can contact counsel at intelcw@fragomen.com

• In Intel experience, many Suppliers do not know about or remember these resources. Intel sponsors and Supplier managers can help facilitate compliance by referring Suppliers to Intel Contingent Worker US Immigration Guidelines on supplier.intel.com.

• Intel helps Suppliers meet particular legal obligations that arise from their assigning H-1B employees to Intel worksites by posting required notices and providing appropriate client letters in the immigration process. (Discussed in following slides.)

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Labor Condition Application Posting• Labor Condition Application (LCA) POSTINGS:

– LCA posting:—US Labor Department document that identifies H-1B workers’ job location, title, and salary.– Must be posted where Intel employees can see the data.– For H-1B workers, Federal regulations require posting at CW’s actual worksite before the H-1B worker

starts work– Rules explicitly apply to customer sites.– Suppliers can be fined or even lose their right to sponsor foreign national employees for failure to

comply.

• Intel Policy: LCA posting is part of an electronic process linked to Circuit and managed by Intel outside immigration counsel.

• Intel has developed templates for posting requests. This process is mandatory.

Supplier accesses LCA posting questionnaire from Intel Contingent Worker US Immigration Guidelines on supplier.intel.com.

Supplier completes questionnaire with required information and emails to intelcw@fragomen.com. Intel Counsel uploads supplier LCA information to Intel website designed to meet regulatory requirements Counsel confirms posting back to supplier At the discretion of the Business Unit, posting fees can be absorbed or billed back to the Supplier. For

information about posting fees, contact intelcw@fragomen.com.

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Supplier Request for Intel “Client Letters”

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Where a Supplier places a CW at Intel, U. S. immigration authorities often require proof that the arrangement between Intel and the Supplier is a true outsourced situation and not “work for hire”. Suppliers may ask Intel Sponsors or Supplier Managers to provide a “client letter” to the U.S. government to provide evidence of the Supplier relationship; to demonstrate the project work is not “work for hire” ( i.e., the nature of the Supplier’s contract); and to acknowledgement Intel’s agreement to allow the CW to be on site at Intel to perform required services.

Typically, Suppliers request client letters when the original visa is filed; when an extension is necessary; or when the government requests additional specific information during visa processing.

PROCESS FOR CLIENT LETTERS

Responses to Supplier requests for CW client letters are centralized with Intel Immigration U.S., through intelcw@fragomen.com.Process for requesting letters of support and required information is available on Intel Contingent Worker US Immigration Guidelines at supplier.intel.com or by request to IntelCW@fragomen.com.Intel sponsors should not be asked to sign Supplier client letters; all requests should be directed through above process.Before providing client letter, Intel Immigration will verify CW assignment. If CW assignment cannot be verified, Intel outside immigration counsel will reach out to CW sponsor to confirm CW assignment.Process applies only to green badge Outsourced CW’s working on site in the U.S. and does not affect existing process for invitation letters for business or privileged visitors, including after sales installation, services or maintenance. At the discretion of the Business Unit, the costs can be absorbed or billed back to the Supplier. For information about posting fees, contact intelcw@fragomen.com.

Special Rules for H-1B Cap Posting/Client Letter Requests

• H-1B visas are subject to government cap—65,000 per year.• Visa category is oversubscribed.• To have a chance for visa, employer must apply on April 1 each year; even if

visa granted, work is not authorized until following October 1.• As a result, Suppliers must anticipate Intel needs in advance and file

prospective visa applications for any employee it plans to assign to Intel. • Because cost centers and sponsors are not yet determined at the time of filing,

Intel will work directly with Suppliers in advance of the April 1 filing to arrange for special handling, at Supplier cost.

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Flow Chart To Help Vet CW Immigration Issues

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