The legislation “to reform and close loopholes in the H-1B and L-1 visa programs” was introduced in the Senate Tuesday by Senate Democratic Majority Whip Dick Durbin, Chair of the Senate Judiciary Committee, and Senator Chuck Grassley, Republican Ranking Member of the Senate Judiciary Committee.
H-1B visas – are used by US companies to employ highly skilled foreign workers in specialty occupations.
L-1 visas – are available for intracompany transferees who work in managerial positions or have specialized knowledge.
Indian professionals extensively use such visas.
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, the senators said.
The H-1B and L-1 Visa Reform Act will require US 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 also prioritize other US advanced degree holders, those being paid a high wage, and those with valuable skills.
STEM stands for Science, Technology, Engineering, and Mathematics.
The legislation explicitly prohibits the replacement of American workers by H-1B or L-1 visa holders and 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, a media release said.
“Reforming the H-1B and L-1 visa programs is a critical component to fixing America’s broken immigration system,” Durbin said. “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,” he said.
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