Monday, June 25, 2007

Shocking--Law Firm Advises Clients to Follow the Letter of the Law

Overlawyered.com talks about an immigration law firm that is helping it's clients get their H1B visa employees green cards. A video of a conference given by this firm is up on You Tube. The problem for the company is this--it has hired, invested time and money in training and possibly relocation, and fully vetted (i.e. the employee worked for the firm long enough that the boss knows they have a good worker) a foreign worker. They LIKE the worker. They want to KEEP the worker. The US Government has mandated several steps to PREVENT the company from keeping a known good performer (or at least good-enough, since they don't want to fire him or her).

The company recognizes they have two very conflicting interests--they need to follow the law or suffer a loss and they need to keep the worker they know or suffer a loss (loss of human resources time, possibility that the next hire will be too expensive, a poor performer, poor team worker, cost of hiring a new worker, cost of tying up a number of higher level managers in interviewing). What is a company to do? The Cohen & Grigsby immigration firm will help the company to comply to the law and keep the worker they actually want.

This is the natural consequence of government interference. There will be an investigation, possibly new laws passed to try to prevent companies from being able to actually serve their best interests, and then a new technique will be discovered. This reminds me when congress complains about people not following the 'spirit of the law.' The only law anyone has to follow is the one that's passed--not some vague intention.

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