Employee Transfers from UK

I went to work for a Scotland-based company, who was putting in a new facility in Houston, Texas. They also have an unsuccessful division in North Carolina, that is run by Scottish counterparts. Due to the issues with both NC and the UK, our main customer suggested Houston be staffed with more "American influence," to ensure history doesn't repeat itself. This is how things started out in September, but now we've had much turnover and many people are being sent over from Scotland to fill positions. I've heard that a law is in place stating someone from outside of the country cannot be relocated to take the position if a qualified American citizen is either available or already employed. I don't know the details, but wanted to know if there is something like this on the books? Thanks from Houston!

I read this earlier on the following site, I hope it helps although you should bear in mind that there might be different "rules" if the Company in question is not US owned.

[url]http://www.us-immigration.org/ineligible.htm[/url]

CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS

The following sections of the law are taken from the immigration and Nationality Act, 8 U.S.C. 1001, et. seq., as amended by Public Law 101-549 of November 29, 1990.

(5) LABOR CERTIFICATION AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS.
-- (A) LABOR CERTIFICATION.--
(I) IN GENERAL.-- Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is excludable, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that--
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions in the United States similarly employed.
(ii) CERTAIN ALIENS SUBJECT TO SPECTIAL RULE.-- For purposes of clause (i)(I), an alien described in this clause is an alien who--
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.

Thanks, I'll read the link! The company is owned by a British holding company.

Just a thought. I don't know whether the L-1 Visa is applicable in your case.

"The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either
in a managerial or executive capacity (L-1A) or
which entail specialized knowledge (L-1B)
for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify."

You can read more here:

[url]http://immigration.about.com/newsissues/immigration/gi/dynamic/offsite.htm?site=http%3A%2F%2Fwww.shusterman.com%2Fcitzforms.html[/url]

and here:

[url]http://www.us-immigration.org/visa_emptransfer.htm[/url]