WASHINGTON: A bipartisan group of lawmakers introduced a laws in each the chambers of the US Congress proposing main reforms in expert non-immigrant visa programmes by giving priority to US-educated foreign know-how professionals in issuing H-1B work visas.
The H-1B and L-1 Visa Reform Act, as introduced in House of Representatives and Senate, would require US Citizenship and Immigration Services to prioritize for the primary time the annual allocation of H-1B visas.
The new system would be sure that one of the best and brightest college students being educated in the United States obtain desire for an H-1B visa, together with superior diploma holders, these being paid a excessive wage, and people with precious abilities, proponents of this main legislative reforms stated Friday.
In the Senate, it was introduced by Senators Chuck Grassley 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 laws reinstates Congress’s authentic intent in the H-1B and L-1 visa programmes by growing enforcement, modifying wage necessities and securing protections for each American staff and visa holders, the lawmakers stated.
The laws, amongst different issues, explicitly prohibits the substitute of American staff by H-1B or L-1 visa holders, clarifying that working circumstances of equally employed American staff will not be adversely affected by the hiring of an H-1B employee, together with H-1B staff who’ve been positioned by one other employer on the American employee’s worksite.
These provisions deal with the sorts of abuses which have been well-documented.
Importantly, the laws proposes elevated crackdown on outsourcing firms that import giant numbers of H-1B and L-1 staff for short-term coaching functions solely to ship the employees again to their residence nations to do the identical job.
Specifically, the invoice would prohibit firms with greater than 50 workers, of which not less than half are H-1B or L-1 holders, from hiring extra H-1B workers.
The invoice provides the US Department of Labor enhanced authority to evaluation, examine, and audit employer compliance with programme necessities, in addition to to penalise fraudulent or abusive conduct. It requires the manufacturing of intensive statistical information in regards to the H-1B and L-1 packages, together with wage information, employee schooling ranges, place of employment, and gender.
In addition, the H-1B and L-1 Visa Reform Act encompasses a number of reforms of the L-1 visa programme, together with institution of a wage flooring for L-1 staff; authority for the US Department of Homeland Security to examine, audit, and implement compliance with L-1 program necessities; assurance that intra-company transfers happen between legit branches of an organization and do not contain “shell” services; and a change to the definition of “specialized knowledge” to be sure that L-1 visas are reserved just for actually key personnel.
Asserting that Congress created these programmes to complement America’s high-skilled workforce, not exchange it, Grassley stated that sadly, some firms are attempting to exploit the programmes by reducing American staff for cheaper labour.
“We need programmes dedicated to putting American workers first. When skilled foreign workers are needed to meet the demands of our labour market, we must also ensure that visa applicants who honed their skills at American colleges and universities are a priority over the importation of more foreign workers. Our bill takes steps to ensure that the programs work for Americans and skilled foreign workers alike,” he stated.
Reforming the H-1B and L-1 visa programmes is a important element of fixing the damaged immigration system. For years, outsourcing firms have used loopholes in the legal guidelines to displace certified American staff and facilitate the outsourcing of American jobs, Durbin stated.
This laws would finish these abuses and defend American and foreign staff from exploitation, Durbin stated.
Indian American Congressman Ro Khanna stated that American immigrants come to this nation with a few of the most modern, transformative concepts this world has ever seen.
“If we’re going to proceed to foster a tradition of creativity, we should reform the H-1 and L-1 visa programmes to defend all staff from abuses. Immigrants coming right here on H-1B visas have made vital contributions to Silicon Valley’s management in the digital revolution. We need to make it possible for expertise is coming to the US, however we additionally need to make it possible for it is being achieved with correct compensation,” Khanna stated.
Congressman Pallone stated that the US should be sure that certified American staff have entry to job alternatives in this nation.