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.

The US Department of State, through December 31, is authorised to waive in-person interview requirements for certain applicants and their qualifying derivatives in various non-immigrant visa classifications.

The United States has done away with the requirement of the in-person interview for many visa applicants in India through December 31 this year, a senior American diplomat has reportedly told Indian community leaders.

These applicants eligible for the waiver are students (F, M, and academic J visas), workers (H-1, H-2, H-3, and individual L visas), Culture and extraordinary ability (O, P, and Q visas).

“This is much-needed support to visa applicants. This would be very helpful to our friends and immediate family members and remove a lot of their concerns and remove inconveniences,” Ajay Jain Bhutoria, South Asian Community Leader and US President Joe Biden’s Advisor for Asian Americans, said after his meeting with Assistant Secretary of State for South Central Asia, Donal Lu, as reported by PTI.

To be eligible for the expanded interview waiver programme, the news agency reported, applicants must have previously been issued any category of US visa; have never been refused a US visa and have no indication of ineligibility or potential visa ineligibility.

To identify such applicants, the US embassy will release more that 20,000 additional waiver (dropbox) appointments for Spring 2022 in New Delhi, Chennai, Hyderabad, Kolkata and Mumbai, the report said.