A bipartisan group of lawmakers launched a laws in each the chambers of the US Congress proposing main reforms in expert non-immigrant visa programmes by giving precedence to US-educated overseas know-how professionals in issuing H-1B work visas.
The H-1B and L-1 Visa Reform Act, as launched in Home of Representatives and Senate, would require US Citizenship and Immigration Companies to prioritize for the primary time the annual allocation of H-1B visas.
The brand new system would make sure that one of the best and brightest college students being educated in the US obtain choice for an H-1B visa, together with superior diploma holders, these being paid a excessive wage, and people with priceless expertise, proponents of this main legislative reforms stated Friday.
Within the Senate, it was launched by Senators Chuck Grassley and Dick Durbin. Within the Home of Representatives, it was launched by Congressmen Invoice Pascrell, Paul Gosar, Ro Khanna, Frank Pallone and Lance Gooden.
The laws reinstates Congress’s unique intent within the H-1B and L-1 visa programmes by rising enforcement, modifying wage necessities and securing protections for each American staff and visa holders, the lawmakers stated.
The laws, amongst different issues, explicitly prohibits the substitute of American staff by H-1B or L-1 visa holders, clarifying that working situations of equally employed American staff might not be adversely affected by the hiring of an H-1B employee, together with H-1B staff who’ve been positioned by one other employer on the American employee’s worksite.
These provisions tackle the forms of abuses which were well-documented.
Importantly, the laws proposes elevated crackdown on outsourcing corporations that import massive numbers of H-1B and L-1 staff for short-term coaching functions solely to ship the employees again to their house international locations to do the identical job.
Particularly, the invoice would prohibit corporations with greater than 50 workers, of which at the least half are H-1B or L-1 holders, from hiring further H-1B workers.
The invoice provides the US Division of Labor enhanced authority to evaluate, examine, and audit employer compliance with programme necessities, in addition to to penalise fraudulent or abusive conduct. It requires the manufacturing of in depth statistical knowledge concerning the H-1B and L-1 packages, together with wage knowledge, employee training ranges, place of employment, and gender.
As well as, the H-1B and L-1 Visa Reform Act encompasses a number of reforms of the L-1 visa programme, together with institution of a wage ground for L-1 staff; authority for the US Division of Homeland Safety to research, audit, and implement compliance with L-1 program necessities; assurance that intra-company transfers happen between reliable branches of an organization and don”t contain “shell” amenities; and a change to the definition of “specialised data” to make sure that L-1 visas are reserved just for really key personnel.
Asserting that Congress created these programmes to enhance America’s high-skilled workforce, not exchange it, Mr Grassley stated that sadly, some corporations are attempting to use the programmes by chopping American staff for cheaper labour.
“We’d like programmes devoted to placing American staff first. When expert overseas staff are wanted to satisfy the calls for of our labour market, we should additionally make sure that visa candidates who honed their expertise at American schools and universities are a precedence over the importation of extra overseas staff. Our invoice takes steps to make sure that the packages work for People and expert overseas staff alike,” he stated.
Reforming the H-1B and L-1 visa programmes is a essential part of fixing the damaged immigration system. For years, outsourcing corporations have used loopholes within the legal guidelines to displace certified American staff and facilitate the outsourcing of American jobs, Mr Durbin stated.
This laws would finish these abuses and shield American and overseas staff from exploitation, Mr Durbin stated.
Indian American Congressman Ro Khanna stated that American immigrants come to this nation with among the most progressive, transformative concepts this world has ever seen.
“If we”re going to proceed to foster a tradition of creativity, we should reform the H-1 and L-1 visa programmes to guard all staff from abuses. Immigrants coming right here on H-1B visas have made vital contributions to Silicon Valley”s management within the digital revolution. We wish to be sure that expertise is coming to the US, however we additionally wish to be sure that it”s being achieved with correct compensation,” Mr Khanna stated.
Congressman Pallone stated that the US should make sure that certified American staff have entry to job alternatives on this nation.
(Apart from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)