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On July 24
Representative Nancy Johnson (D-CT) and Senator Chris
Dodd (D-CT) introduced parallel bills, H.R. 2849 and S.
1452 respectively, which would substantially alter the L
visa and H-1B visa programs. Specifically, the bills
would make the following changes to the visa programs:
L visa program:
- Require employers
to file an attestation with the Department of
Labor (DOL) stating the following:
- The L-1
employee will not perform duties at the
worksite of another employer where there are
indicia of an employment relationship.
- The L-1
employer will provide wages that are the
greater of the actual wage or the prevailing
wage.
- The employer
did not displace US workers for 180 before
or after the filing of the L-1 petition.
- Provide for an
annual review of blanket petition procedures
by DHS and DOL.
- Increase the work
experience requirement with the foreign
employer from one year to two years.
- Limit the
duration of the L-1A visa to 5 years and the
L-1B visa to three years.
- For L-1B
petitions, require the employer to file an
application stating that the employer has
taken good faith steps to recruit US workers
for the position.
- Direct the DOL to
impose a fee on employers for L-1 petitions.
H visa program:
- Strike the
definition of H-1B dependent employer and
makes H-1B dependent provisions applicable to
all H-1B employers.
- Add the H-1B
dependent provisions to the DOL attestation
requirements, including:
- The employer
did not displace an American worker 90 days
before or after the filing of the visa
petition.
- The employer
will not place the H-1B at a third party
worksite where there are indicia of an
employment relationship unless there is not
displacement of a U.S. worker at the
worksite for 180 days before and after the
H-1B visa holder is placed at the third
party worksite.
- Make the $1000
fee permanent.
Study of the Act:
- Mandate that no
later than one year after the enactment of the
Act, the GAO will investigate the Act's
implementation and impact and will make
recommendations on changes to existing law.
Courtesy AILA
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