H-1B: Legislation proposing major reforms introduced in Congress

WASHINGTON: A bipartisan group of lawmakers introduced a legislation in both the chambers of the US Congress proposing major reforms in skilled non-immigrant visa programmes by giving priority to Us-educated foreign technology professionals in issuing H-1B work visas.

The H-1B and L-1 Visa Reform Act, as introduced in House of Representatives and Senate, will require US Citizenship and Immigration Services to prioritize for the first time the annual allocation of H-1B visas.

The new system would ensure that the best and brightest students being educated in the United States receive preference for an H-1B visa, including advanced degree holders, those being paid a high wage, and those with valuable skills, proponents of this major legislative reforms said Friday. In the Senate, it was introduced by Senators Chuck Grass

ley and Dick Durbin. In the House of Representatives, it was introduced by Congressmen Bill Pascrell, Paul Gosar, Ro Khanna, Frank Pallone and Lance Gooden.

The legislation reinstates Congress’s original intent in the H-1B and L-1 visa programmes by increasing enforcement, modifying wage requirements and securing protections for both American workers and visa holders, the lawmakers said.

The legislation, among other things, explicitly prohibits the replacement of American workers by H-1B or L-1 visa holders, clarifying that working conditions of similarly employed American workers may not be adversely affected by the hiring of an H-1B worker, including H-1B workers who have been placed by another employer at the American worker’s worksite.

These provisions address the types of abuses that have been well-documented.

Importantly, the legislation proposes increased crackdown on outsourcing companies that import large numbers of H-1B and L-1 workers for temporary training purposes only to send the workers back to their home countries to do the same job.

Specifically, the bill would prohibit companies with more than 50 employees, of which at least half are H-1B or L-1 holders, from hiring additional H-1B employees.

The bill gives the US Department of Labor enhanced authority to review, investigate, and audit employer compliance with programme requirements, as well as to penalise fraudulent or abusive conduct. It requires the production of extensive statistical data about the H-1B and L-1 programs, including wage data, worker education levels, place of employment, and gender.

In addition, the H-1B and L-1 Visa Reform Act encompasses several reforms of the L-1 visa programme, including establishment of a wage floor for L-1 workers; authority for the US Department of Homeland Security to investigate, audit, and enforce compliance with L-1 program requirements; assurance that intra-company transfers occur between legitimate branches of a company and don’t involve shell facilities; and a change to the definition of specialized knowledge to ensure that L-1 visas are reserved only for truly key personnel.