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    Subject Term: "Alien labor"

    2 publications with a total of 3 open recommendations
    Director: Sherrill, Andrew
    Phone: (202)512-7252

    1 open recommendations
    Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.

    Agency: Department of Homeland Security
    Status: Open

    Comments: In 2016, USCIS officials reported that, according to their current timeframes, the business rules associated with the nonimmigrant visa petition process (including Form I-129) in the USCIS Electronic Immigration System (ELIS) were slated to be developed in late 2017, with implementation projected for the beginning of 2018. They stated that during the requirements-gathering phase, the Service Center Operations officials and the Office of Transformation Program officials planned to discuss potential options for improving the tracking of the number of approved H-1B applications and the number of issued visas under the cap, including assessing the feasibility of linking DHS and State Department data. GAO will follow-up with USCIS on the status of this recommendation when business rules for the nonimmigrant line of the ELIS are developed and released.
    Director: White, James
    Phone: (202) 512-9039

    2 open recommendations
    Recommendation: Given the increasing extent of business travel to the U.S. and the eroding effect of inflation, Congress may wish to consider raising the amount of U.S. income paid by a foreign employer that is exempt from tax for nonresidents who meet the other conditions of the exemption.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, the Congress had not raised the amount of U.S. income paid by a foreign employer that is exempt from tax for nonresidents who meet the other conditions of the exemption.
    Recommendation: Given the difficulty of enforcing the requirement for aliens to obtain certificates of compliance--sailing permits--before departing the country and the existence of withholding requirements and tax treaties, Congress may wish to consider eliminating the sailing permit requirement.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, the Congress has not eliminated the sailing permit requirement.