RESOLUTION NO. RS2017-677

A resolution approving the execution and delivery of intergovernmental applications by The Metropolitan Government of Nashville and Davidson County to the United States Department of Labor for the processing of H1-B petitions.

WHEREAS, an H-1B visa is a non-immigrant visa in the United States provided under the Immigration and Nationality Act, section 101(a)(17)(H) which allows United States employers to employ foreign workers in certain occupations; and

WHEREAS, on March 3, 2017, the U.S. Citizenship and Immigration Services announced that it would temporarily suspend premium processing for all H-1B petitions for a period of at least six (6) months, during which time petitioners will be unable to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker to request H-1B nonimmigrant classification; and

WHEREAS, the Metropolitan Government of Nashville and Davidson County currently employs non-citizens who are nonetheless legally employed in the United States pursuant to work visas or other temporary authorizations; and

WHEREAS, submission of an H-1B petition requires the signature of the employing entity -- the Metropolitan Government of Nashville and Davidson County; and

WHEREAS, it is within the authority, and it is the intent, of the Metropolitan Government of Nashville and Davidson County to maintain the employment of current non-citizen employees who are currently legally employed and qualified for continued employment; and

WHEREAS, given the objectives of the Metropolitan Government of Nashville and Davidson County generally, it is appropriate for the Metropolitan Council to authorize the execution and delivery of applications entitled Labor Condition Application for Nonimmigrant Workers (“LCA Applications”); and

WHEREAS, a form of the LCA Application by the Metropolitan Government of Nashville and Davidson County to the U.S. Department of Labor has been presented to the Metropolitan Council and is attached hereto as Exhibit A; and

WHEREAS, pursuant to Tennessee Code Annotated Section 12-9-101, et seq., public entities in Tennessee have the authority to enter into intergovernmental agreements subject to the approval of their respective governing bodies.

NOW, THEREFORE, BE IT RESOLVED BY THE METROPOLITAN COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The form, terms and provisions of the LCA Applications, attached hereto as Exhibit A, are hereby approved and the director or interim director of the Metropolitan Department of Human Resources is hereby authorized, empowered and directed to execute and deliver LCA Applications in the name and on behalf of the Metropolitan Government in the form now before this meeting. From and after the execution and delivery of the LCA Application, the mayor or vice mayor of the Metropolitan Government of Nashville and Davidson County, the director or interim director of the Metropolitan Department of Human Resources, the director of finance and other officers of the Metropolitan Government, and the director of the Metropolitan Council office, are each hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the application as executed.

Section 2. All acts and doings of the Metropolitan Mayor, the Metropolitan Vice Mayor, the director or interim director of the Metropolitan Department of Human Resources, the Director of Finance, any other officer of the Metropolitan Government, or the director of the Metropolitan Council office, which are in conformity with the purposes and intent of this Resolution shall be, and the same hereby are in all respects, approved and confirmed as may be necessary or appropriate in order for the Metropolitan Government to comply with the terms of the LCA Application.

Section 3. Any amendment(s), change(s) or extension(s) of the LCA Application shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.

Section 4. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government requiring it.

Sponsored by: Kathleen Murphy, Tanaka Vercher

LEGISLATIVE HISTORY
Referred to:	Personnel, Public Information, Human Relations, and Housing Committee
Introduced:	May 2, 2017
Adopted:	May 2, 2017
Approved:	May 8, 2017
By: