Revised April 2016

1. Intel Contingent Worker Immigration Guidelines, Compliance Requirements, and Tools for Commodity Managers, Sponsors, and Suppliers Revised April 2016

2. Background: The Legal Standard • In January 2010, US Citizenship and Immigration Service issued a policy interpretation that limits the use of H-1B visas by contingent workers performing services at a customer site (“The H-1B Memo”) • Under this interpretation, an H-1B visa is proper only when the employer sponsoring the CW for a visa is also the direct supervisor of the foreign national employee seeking the visa • Since 2010, concepts of the H-1B memo have extended to other visa types, including TN and L

3. Overview: Intel Guidelines • No visa workers in Staff Augmentation or independent contractor positions • For U.S. Staff Augmentation CW positions, all contingent workers must be U.S. Workers. U. S. Workers are individuals in one of the following categories: • U.S. citizen • U.S. national (from Samoa or Northern Mariana Islands) • Lawful Permanent Resident (e.g., a green card holder) • Asylee or Refugee (person granted asylum or refugee status by the U.S. government) • For outsourced CW roles, visa workers and other work-authorized foreign nationals can work at Intel sites, so long as the legal requirements are met • See, Intel U.S. Contingent Worker Immigration Guidelines (appended as a resource and available at https://supplier.intel.com and on Circuit “Other Policies”)

4. How Do Suppliers Comply with Intel Guidelines? • Intel expects Suppliers to know and about and follow the Guidelines • Best resource is supplier.intel.com/static/governance/cwsp/cwsp.htm • Materials for sponsors is available under Circuit “Other Policies” • Commodity Managers, Sponsors, and Suppliers can also reach out to Intel outside immigration counsel at intelcw@fragomen.com • In our experience, many Suppliers do not know about these resources. Intel sponsors and Supplier managers can help facilitate compliance by referring Suppliers to supplier.intel.com • Intel helps Suppliers meet particular legal obligations that arise from assigning employees to Intel worksites by posting required notices and providing appropriate letters of support in the immigration process • Note that these obligations apply only when the outsourced CW works on site at Intel. Although the Supplier may have immigration compliance responsibilities where the work is performed off-site from Intel, that is not Intel’s concern

5. Labor Condition Application (LCA) Posting • LCA POSTINGS: • LCA postings—US Labor Department document that identifies H-1B workers’ job location, title, and salary • Must be posted where Intel employees can see the data • For H-1B workers, Federal regulations require posting at CW’s actual worksite before the H-1B worker starts work • Rules explicitly apply to customer sites • Suppliers can be fined or even lose their right to sponsor foreign national employees for failure to comply • Intel Policy: LCA posting is part of an electronic process linked to Circuit and managed by Intel outside immigration counsel • Intel has developed templates for posting requests. This process is mandatory. • Complete the LCA Posting Questionnaire, available at supplier.intel.com • Email the completed questionnaire to intelCW@fragomen.com (Incomplete questionnaires will be returned for compliance with this process) • Allow two business days for processing • Fragomen will notify suppliers of LCA postings at the email address provided in the questionnaire • Intel cost for these services is $50.00, billed to project cost code (required data on all posting requests)

6. Letters of Immigration Support (End Client Letters) Intel Suppliers must follow the process outlined below when they need an Intel client letter in connection with a CW visa matter, including benefit filings and requests for evidence (RFE). Only Intel Immigration Managers or their designees are authorized to sign client letters for CW visa workers. Intel sponsors are NOT authorized to sign a letter in connection with a CW immigration matter. • Complete the Client Letter Questionnaire, available at supplier.intel.com. • Email the completed questionnaire to intelCW@fragomen.com. Incomplete questionnaires will be returned for compliance with this process. • Intel must confirm the CW assignment before Intel will provide any client letter to the Supplier. • Upon Intel’s confirmation of the assignment, Intel’s law firm will release the client letter to the Supplier at the email address provided in the questionnaire. Suppliers should direct further inquiries about any CW letter request to intelCW@fragomen.com and include a copy of the Client Letter Questionnaire with the inquiry.

7. Guidelines are Self-Enforcing • Intel’s CW guidelines are posted on supplier.intel.com and Intel has a good program to answer Supplier questions. • Intel depends on Sponsors and Suppliers to classify CWs properly and to follow guidelines including those pertaining to LCA posting and support letters.

8. Intel Risks of Non-Compliance • Direct legal risk of non-compliance with USCIS rules falls only on Intel Supplier. Supplier risks include: . • Revocation of Visa • Fines and penalties • Debarment from future immigration sponsorship • Breach of Intel contract insofar as contract requires compliance with immigration laws • Intel’s risks are derivative and include: • Operational losses if mission critical CWs are subject to visa revocation or if Supplier cannot place personnel because it cannot obtain visas • Supplier’s non-compliance injures Intel’s own compliance reputation, e.g. DHS and SEC investigations relating to allegations that Infosys used improper visa classification for foreign national staff

9. SUPPLEMENTAL INFORMATION

10. Flow Chart To Help Vet CW Immigration Issues

11. Intel Contingent Worker U.S. Immigration Guidelines

12. Guidelines Continued

13. Guidelines Continued

14. Guidelines Continued

15. Guidelines Continued

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17. Guidelines Continued

18. Template LCA Posting Request

19. Template Support Letter Request

20. “Work for Hire” vs. Outsourced Labor • The USCIS H-1B memo underscores that a work visa is appropriate only when the employer filing for the visa can establish an employer-employee relationship that continues throughout the H-1B validity period. The employer-employee relationship is based on a factual analysis, not solely on payroll facts. Where the facts establish that Intel maintains employer controls over a CW, that is a labor for hire relationship and not true outsourcing. • Factors relevant to establishing employer-employee relationship, i.e., work for hire: • Intel has the right to control the manner and means by which the CW’s work is accomplished. • Intel manager directs, instructs, or assesses the performance of the CW directly. Where a Supplier supervisor is off-site, how is supervision accomplished without Intel giving direction to the CW? If supervision is off-site, how does the visa sponsor supervise (weekly calls, reporting back to main office routinely, site visits?) • If supervision is off-site, how does the visa sponsor employer (and not Intel) exercise control on a daily basis? • If Intel provides the tools needed to perform the CW duties, the relationship can look more like work for hire. • Does the visa sponsor employer hire, pay, and have the ability to fire the CW beneficiary? (For example, what would happen to the CW’s employment if Intel no longer wants/needs the CW?) • Compare characteristics of an Outsourced Relationship: • Outsourced CW’s remain under direction and control of Supplier so O/S CW roles are open to visa workers if the supplier is the CW’s direct employer/immigration sponsor and the supplier otherwise complies with U.S. immigration law. • O/S is work related to Intel’s core functions and outside of Intel’s expertise that can be fully performed by contingent workers without the supervision or direction of Intel employees • Intel often selects outsourcing suppliers with particular expertise • To qualify as O/S work, the same work is not performed by Intel blue badge employees • Intel does not give day-to-day work instructions and direction to O/S CW’s: all direction and management responsibility remains with the supplier • The outsourcing supplier selects the individual workers for assignment at Intel without input from Intel • The outsourcing supplier is responsible for salary, benefits, taxes, performance mgt., etc. • Examples : Café Services, Janitorial Services, Landscaping, Construction Projects, IT related projects where the Supplier has a deliverable beyond mere providing services.