Outline of the Border Security, Economic Opportunity, and Immigration
Modernization Act of 2013
H-1B Visa Reform
We will raise the base cap of
65,000 to 110,000 (we amend the current 20,000 exemption forU.S. advanced
degree holders to be a 25,000 exemption for advanced degree graduates in science,
technology, engineering and mathematics from U.S. Schools).In future years, the
cap can go as high as 180,000. The cap will increase/decrease in the following
way:
a. It will be based on two
factors plugged into one formula known as the “High
Skilled Jobs Demand Index” (with
each factor weighed at 50%):
i. The percentage by which
cap-subject nonimmigrant visa petitions
approved under section
101(a)(15)(H)(i)(b) for a fiscal year exceeds/fails
to meet the cap (50%)
ii. The inverse of the percentage
increase/decrease between the previous
fiscal year and the current
fiscal year in the number of unemployed
persons in the “management,
professional, and related occupations
category” of BLS data (50%).
b. The most the cap can
increase/decrease by each year is 10,000 visas.· We
prevent H-1B workers from undercutting the wages paid to American workers by
requiring employers to pay
significantly higher wages for H-1B workers than under current law (and to
first advertise the jobs to American workers at this higher wage before hiring
an H-1B worker). We will provide spouses of H-1B
workers with work authorization if the sending country of the worker provides
reciprocal treatment to spouses of U.S. workers.
· We will establish a 60-day transition period for H-1B
workers to change jobs.
We will provide dual intent
visas for all students who come here on bachelor’s degree programs or above.
· We crack down on abusers of the H-1B system by requiring “H-1B
dependent employers” to
pay significantly higher wages
and fees than normal users of the program.
· If the employer has 50 or more employees, and more than 30%
but less than 50% are H-
1B or L-1 employees (who do not
have a green card petition pending), the employer must
pay a $5,000 fee per additional
worker in either of these two statuses.
· If the employer has 50 or more employees, and more than 50%
are H-1B or L-1
employees (who do not have a
green card petition pending), the employer must pay a
$10,000 fee per additional
worker in either of these two statuses.
· We will also crack down on the use of the H-1B and L visas
to outsource American jobs
by prohibiting companies whose
U.S. workforce largely consists of foreign guest workers
from obtaining additional H-1B
and L visas.
· In Fiscal Year 2014, companies will be banned from bringing
in any additional workers if
more than 75% of their workers
are H-1B or L-1 employees.
· In Fiscal Year 2015, the ban applies to companies if more
than 65% of their workforce
are H-1B and L-1 workers. In
Fiscal Year 2016, the ban moves to 50%
· We require recruiting of American workers prior to hiring an
H-1B nonimmigrant. The
Secretary of Labor must
establish a searchable website for posting H1B positions. The site
must be operational and online
within 90 days of the passage of the new law. We require
employers to post a detailed job
opening on the Department of Labor's website for at least 30
calendar days before hiring an
H1B applicant to fill that position.
· We bar employers from recruiting or giving preference to
H-1B or OPT workers over
American workers.
11
· We establish significant new authorities and penalties to
prevent, detect, and deter fraud and
abuse
of the H-1B and L-1 visa systems by fraudulent employers.
Vijay Paul
__________________
Resource Manager
SYSTEL INC |
Atlanta, GA
Direct: +1-678-250-9830
+1-888-8SYSTEL (888-879-7835) Ext: 219
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