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The legislative process behind the new law was characterized by an unusual degree of openness. The bill was first formally introduced in March 2006 when the Standing Committee of the National People’s Congress (”NPC”) decided to circulate the draft for public comment, a first for a major national law.2 During the one-month comment period, the draftsmen received more than 191,800 separate comments via the Internet, newspapers, periodicals, and letters.3

The comment period proved to be quite useful to the lawmakers, influencing the content of the new law, especially the provisions concerning noncompete clauses, probation periods, the role of trade unions, severance payments, and layoffs.4 The sheer volume of comments did delay the date of adoption of the law, which went to an unusual fourth reading in the NPC. Its adoption in late June 2007 was nevertheless unexpected and may have been influenced by recent public reports of alleged use of slave labor in brick kilns and small coal mines in Shanxi and Henan Provinces. Indeed, the new law specifically addresses such concerns by establishing sanctions for corrupt officials who fail to enforce occupational safety laws.5

The Initial FIE Reaction

Since the bill was first introduced in 2006, foreign investment enterprises (”FIEs”), including many multinational companies, have spent considerable time and effort commenting on the legislation and in some cases openly opposing it. Since the country opened its doors to investors in 1979, the number of FIEs in China has grown to more than 570,000, employing more than 25 million Chinese workers, principally in the major cities along the coast of China. Organizations such as the American Chamber of Commerce in Shanghai and the U.S.-China Business Council submitted detailed comments on the draft law, many of which ultimately improved the legislation. (more…)

What is a Visa? A “Visa” is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas. You may find an immigration lawyer to help you with your H1 visa or any other visa on this site. What is the H1-B Visa? The H1-B visa is also commonly called a “work visa” or “work permit.” This is the most common form of temporary work visa. It enables the foreign worker to enter the United States to work temporarily in a professional capacity.

H1B Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace. To locate an H1B job in the U.S. use the links at the right to draft and post your resume.

The government requires at least five agencies to certify a foreign employee for H1B work in the United States, often a long process in itself. But the government recently made this process even more arduous by reducing its funding to one key player in the certification process, the State Economic Security Department. This cut in funding has had a grave impact on this state’s, as well as this country’s, ability to recruit and retain foreign professionals for employment, especially those H1B professionals with technical experience and in the field of health care.

How Do I Qualify? (more…)

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