Act in the US for major visa reforms in issuing H-1B visa

H-1B bill

There’s been a proposal from a group of lawmakers in both chambers of the US Congress for major reforms in skilled non-immigrant visa programs. The proposal is to give priority in issuing the H-1B visa to foreign technology professionals who had their education in the US.

The H-1B and L-1 Visa Reform Act will exercise priorities in making the annual allocation of the H-1B visa. The ones who will receive priority will include those:

  • With an advanced degree
  • With valuable skills
  • Paid high wages

The proposal was introduced in the Senate by Senator Dick Durbin and Senator Chuck Grassley. In the House of Representatives, Congressmen Paul Gosar, Bill Pascrell, Ro Khanna, Lance Gooden, and Frank Pallone did the same.

The new legislation categorically prohibits the practice of replacing American workers with H-1B or L-1 visa holders. Advocating fairness for both Americans and visa-holders, the legislation reaffirms that the working conditions of America’s working citizens are not affected by the hiring of H-1B workers.

The legislation also stands for an increase in crackdown on outsourcing companies that bring in large numbers of foreign workers with H-1B and L-1 visas. They are imported for training purposes and are sent back to their respective countries to do the job for employers in the US.

The bill would not allow companies to hire additional H-1B employees if:

  • It has more than 50 employees
  • At least half of them are H-1B or L-1 holders

With this bill in effect, the US Department of Labor will get increased authority to review, investigate, and audit the compliance of an employer with the requirements of the program. Any fraud or abusive actions will be penalized.

The H-1B and L-1 Visa Reform Act has several reforms of the L-1 visa program, that includes:

  • Changed definition of “specialized knowledge”, that ensures L-1 visas to be reserved only for legitimately key personnel
  • Establishment of a floor for wages for L-1 workers
  • An assurance that transfers that happen between companies take place between legitimate branches of companies (eliminating “shell” facilities)
  • US Department of Homeland Security’s authority to investigate, audit, and enforce compliance with the requirements specified in the L-1 program

As Senator Dick Durbin stated, this legislation would end the abuses against Americans and foreigners who work in the USA and protect them from exploitation.

If you are looking to Study, Work, Visit, Invest or Migrate to the US, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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