New Bill Introduced to Limit H-1B Abuse

A new bill to put a cap on H-1B hiring has been proposed by US senators Chuck Grassley and Dick Durbin. For the first time, there will be a focus on the H-1B visa allocation priorities and yearly allowance.

Grassley stated the swift action arisen from companies who hire lesser skilled workers over Americans at a lower pay. Many companies have also taken advantage of the system by training foreign workers then sending them home to do work of Americans.

Refinements Proposed in the New Bill:

● H-1B visas will be assigned based on the following order:

  1. People with USA STEM advanced degree
  2. H-1B job positions with level 4 salary
  3. Non STEM advanced degrees obtained in the US
  4. People with H-1B jobs with level 3 salary
  5. People with USA STEM Bachelor Degrees
  6. People with USA Non STEM Bachelor Degrees
  7. Employers who are Everified with good H-1B approval rate and does not have any immigration violations
  8. All other H-1B visa petitions

● Limit the stay period from 6 yrs to 3 years if the employee doesn`t have i-140 aaproved

● Prevent the employment of H-1B and L-1 visa workers when a company employs more than 50 people and has more than 50% of employees can be H-1B and L-1 visa holders.

● Before a company can file a petition for a H-1B or L-1 worker, the job must be posted on a new website 30 days before the petition is filed.

● Allowance of the Department of Labour to increase jurisdiction over companies taking advantage of the system.

The bill will also include heightened oversight and new regulations for those with a L-1 Visa​:

● Establish a wage floor.

● Allowance of Department of Homeland Security to investigate, audit, and ensure legitimacy over the system.

● Revising the definition of “specialized knowledge.”

As a result of this proposed bill, No longer will a large portion of the available H-1B visas go to outsourcing companies. Senators of the bill have urgency to change the system to the original intent–employ specialized workers “that cannot be filled by Americans” (Grassley).

Overall, the Grassley-Durbin reform bill hopes to eliminate companies from taking advantage of the system.

7 Comments on "New Bill Introduced to Limit H-1B Abuse"

  1. Hello H1b Wiki,

    I have recently transferred my H1 from one employer to another employer.

    As part of that i have got transferred petition i-797 approval copy.

    My previous employer asking me to return previous I797 approval copy.

    If i give them back my previous petition will it be a problem in future ? does it require anytime in future ?

    Kindly help me.

    Thanks,
    Dinesh

  2. This BILL is never gonna make it. These rules are set with strong intensions against tech companies ignoring need for immigration system to ensure continuous revival of US economy & technological innovation.

  3. Every nice guy who are really smart has lost their opportunity because their skill is not valued. Time spent in company, relationship with manager and on project, buttering these are the show off criteria for selecting h1b candidates from india

  4. Let this be a pass… And implementation…. Too much abuse of h1b. Don’t know how but every single guy with h1b and GC can’t utter a word in English well. If computer science is all about skills then all skills are in English. How would you understand from the book or practically possible, when u cannot learn English but you are a skilled worker. U can’t even say what u think to others. But they are skilled and they are in usa with GC. All abuse by managers of it companies and internal politics to identify h1b candidates.

  5. Will this be applicable for existing h1 candidates or new??

  6. This is much better system than before for ensuring that the skilled workers get the H1B visas. Many of the H1b visa holders are so unskilled that they remain on a project only for 6 months or 1 year against the expected life of 6 years while American degree holders go without visas and the opportunity to really utilize their skills.

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