On November 15, 2017, the House Judiciary Committee passed the H.R. 170 - “Protect and Grow American Jobs Act”, taking an aim to restraint companies from abusing the nation’s H-1B Visa system and stop the outsourcing of American jobs. The new bill has crossed its first hurdle, clearing its way to move forward in the U.S. House of Representatives. The new bill changes a few vital components of current law, including the threshold for an H1B worker to be considered exempt. It also targets employers that are H-1B dependent, a designation used by the United States Department of Labor to describe an employer who meets a particular threshold in terms of the fraction of the workforce comprising workers in H-1B status.
H.R. 170’s sponsor, Representative Darrell Issa of California’s 49th Congressional District, issued a press release stating that the "Highly skilled individuals that come to America through the H-1B visa program add tremendous value to the U.S. economy. We have a responsibility to ensure this important program isn’t being abused by employers to undercut American jobs,”. He also stated that “Unfortunately, loopholes in the program have allowed a small handful of employers to game the system to displace American workers and crowd out others who legitimately need the limited slots available to recruit individuals with unique skill sets not available here at home. The Protect and Grow American Jobs Act is a common-sense update that will go a long way to protecting American workers while helping companies access to the talent they need to grow their businesses and create new jobs here in America."
Below is the side by side comparison between the “Current Law” vs New Bill “Protect and Grows American Jobs Act”,
| Current Law | New Bill – Protect and Grows American Jobs Act |
| ·Exempt H-1B nonimmigrant -advanced degrees and the $60,000 exemption wage level | ·Exempt H-1B nonimmigrant -the lesser of $135,000 or the mean wage for the occupational classification in the area of employment (but in no event less than $90,000). It would also require that the relevant dollar amounts be increased based on the Consumer Price Index. |
| ·H-1B employers to attest that they will not displace a U.S. worker within the 90 days prior to the filing of the H-1B petition and the 90 days after such filing | ·New legislation requires H-1B employers to attest that they will not displace a U.S. worker during the entire period of H-1B employment. |
| ·Certain H-1B employers that place H-1B workers with third-party employers to attest that the third-party employer does not intend to displace a U.S. worker within the 90 days prior to the filing of the H-1B petition and the 90 days after such filing. | ·New legislation requires certain H-1B employers that place H-1B workers with third-party employers to attest that the third-party employer does not intend to displace a U.S. worker during the entire period of H-1B employment. |
| ·A company with a full time H1B workforce of 15% or higher is considered "H-1B dependent" | ·A company with a full time H1B workforce of 20% or higher is considered "H-1B dependent" |
The legislation authorizes the Department of Labor to conduct periodic investigations of H-1B dependent employers, and requires the Department of Labor to audit at least five percent of such employers annually. It also ensures that current H-1B penalties, including fines and debarment from the H-1B program, can be levied against any H-1B dependent employer that violates the new non-displacement attestations provided by the bill. To fund these investigation, the legislation authorizes the Department of Homeland Security to impose a new $495 fee on H-1B dependent employers to ensure effective enforcement of such employers.
For Detailed Information on the New Bill “H.R. 170 - Protect and Grow American Jobs Act”, Please Click Here…
https://www.congress.gov/bill/115th-congress/house-bill/170As indicated above, the House and Senate still have to act on the bill before it make its way for implementation.
If you should have any questions or need more information about the way that the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com