The legislation approved today by the Judiciary Committee include the following:-
Updates wage requirements to better align with local market averages. The legislation replaces both the $60,000 wage exemption and the advanced degree exemption in favor of a new formula that is equal to the lesser of $135,000 or the mean wage for applicants’ occupation in their area (but subject to a floor of no less than $90,000). The bill would also require the wage levels in this formula to be indexed for inflation over time.
Increases accountability for H-1B employers. H-1B dependent employers currently need to merely "attest" that they've taken good faith effort to recruit U.S. workers before seeking an H-1B visa for the open position. Under the new legislation, H-1B employers would be required to submit detailed a recruitment report summarizing the steps they have taken to recruit U.S. workers; the number of U.S. workers who applied for the job; the number of such workers who were offered the job, whether the workers accepted the offer, and for each worker who was not offered the job, the reason why the job was not offered.
Bolsters transparency of the program. The legislation would require the Secretaries of Labor and Homeland Security to annually publish a report on the use of the H-1B program including lists of H-1B dependent employers, occupations, wages, worksites and the status of any on-going or completed investigations into misuse of H-1B programs.
Improves oversight of H-1B dependent employers. The legislation authorizes the Department of Labor to conduct periodic investigations of H-1B dependent employers and requires the Department of Labor to review at least five percent of such employers annually. It also ensures that current H-1B penalties, including fines and debarment from the H-1B program, can be levied against any H-1B dependent employer that uses the program to displace American workers.
Updates wage requirements to better align with local market averages. The legislation replaces both the $60,000 wage exemption and the advanced degree exemption in favor of a new formula that is equal to the lesser of $135,000 or the mean wage for applicants’ occupation in their area (but subject to a floor of no less than $90,000). The bill would also require the wage levels in this formula to be indexed for inflation over time.
Increases accountability for H-1B employers. H-1B dependent employers currently need to merely "attest" that they've taken good faith effort to recruit U.S. workers before seeking an H-1B visa for the open position. Under the new legislation, H-1B employers would be required to submit detailed a recruitment report summarizing the steps they have taken to recruit U.S. workers; the number of U.S. workers who applied for the job; the number of such workers who were offered the job, whether the workers accepted the offer, and for each worker who was not offered the job, the reason why the job was not offered.
Bolsters transparency of the program. The legislation would require the Secretaries of Labor and Homeland Security to annually publish a report on the use of the H-1B program including lists of H-1B dependent employers, occupations, wages, worksites and the status of any on-going or completed investigations into misuse of H-1B programs.
Improves oversight of H-1B dependent employers. The legislation authorizes the Department of Labor to conduct periodic investigations of H-1B dependent employers and requires the Department of Labor to review at least five percent of such employers annually. It also ensures that current H-1B penalties, including fines and debarment from the H-1B program, can be levied against any H-1B dependent employer that uses the program to displace American workers.
