WASHINGTON
– Sen. Chuck Grassley (R-Iowa), Ranking Member of the Senate Judiciary
Committee, and Sen. Dick Durbin (D-Ill.), Chairman of the Senate Judiciary
Committee, introduced bipartisan, legislation to reform and close loopholes in
the H-1B and L-1 visa programs. The H-1B and L-1 Visa Reform Act will
reduce fraud and abuse, provide protections for American workers and visa
holders and require more transparency in the recruitment of foreign workers. This
comprehensive overhaul of the H-1B and L-1 visa programs will protect American
workers and crack down on foreign outsourcing companies, which exploit these
visa programs to deprive qualified Americans of high-skilled jobs. Grassley and
Durbin first introduced the legislation in 2007 and have been long-time
advocates for H-1B and L-1 visa reform.
“Congress created the H-1B and L-1 visa programs to
complement America’s high-skilled workforce, not replace it. Unfortunately,
some companies are trying to exploit the programs by cutting American workers
for cheaper labor. We need programs dedicated to putting American workers
first. When skilled foreign workers are needed to meet the demands of our labor
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,” Grassley
said.
“Reforming the H-1B and L-1 visa programs is a
critical component to fixing America’s broken immigration system. For years,
outsourcing companies have used legal loopholes to displace qualified American
workers, exploit foreign workers, and facilitate the outsourcing of American
jobs. Our legislation would fix these broken programs, protect workers, and put
an end to these abuses,” Durbin said.
The H-1B
and L-1 Visa Reform Act will require U.S. Citizenship and Immigration
Services to prioritize for the first time the annual allocation of H-1B visas. The
new system would ensure that the best and brightest STEM advanced degree
students educated in the United States receive preference for an H-1B visa, and
it also prioritize other U.S. advanced degree holders, those being paid a high
wage, and those with valuable skills.
The
legislation explicitly prohibits the replacement of American workers by H-1B or
L-1 visa holders, and it clarifies that the working conditions of similarly
employed American workers may not be adversely affected by the hiring of an
H-1B worker, including H-1B workers who have been placed by another employer at
the American worker’s worksite.
Importantly,
the legislation will crack down on outsourcing companies that import large numbers
of H-1B and L-1 workers for temporary training purposes only to send the
workers back to their home countries to do the same job. Specifically, the bill
would prohibit companies with more than 50 employees, of which at least half
are H-1B or L-1 holders, from hiring additional H-1B employees. The bill gives
the U.S. Department of Labor enhanced authority to review, investigate and
audit employer compliance with program requirements, as well as to penalize
fraudulent or abusive conduct. It requires the production of extensive
statistical data about the H-1B and L-1 programs, including wage data, worker
education levels, place of employment and gender.
In
addition, the H-1B and L-1 Visa Reform Act includes several
reforms of the L-1 visa program, including establishment of a wage floor for
L-1 workers; authority for the U.S. Department of Homeland Security to
investigate, audit and enforce compliance with L-1 program requirements;
assurance that intra-company transfers occur between legitimate branches of a
company and do not involve “shell” facilities; and a change to the definition
of “specialized knowledge” to ensure that L-1 visas are reserved only for truly
key personnel.
Along
with Grassley and Durbin, the legislation is also cosponsored by Sens. Richard
Blumenthal (D-Conn.), Tommy Tuberville (R-Ala.), Sherrod Brown (D-Ohio), Bill
Hagerty (R-Tenn.) and Bernie Sanders (I-Vt.).
A
copy of the bill text can be found HERE.