Bill in US senate to cut H1-B visas by 15,000

High salary earners to get preference for visa in US

GN Bureau | December 9, 2015



Two American Senators have introduced legislation in the Senate proposing to cut the number of popular H-1B visas by 15,000. The bill makes it necessary that such a visa should be given to highest wage earner first.

Senator Bill Nelson of the Democratic Party, who is co-author of the legislation along with Jeff Sessions of the Republican Party, said "by cutting the number of visas available each year and requiring those visas be given to the highest-wage earners first, this bill directly targets outsourcing companies that rely on lower-wage foreign workers to replace equally-qualified US workers."

Currently every year a maximum of 85,000 H-1B visas can be issued including 20,000 for those who completed higher education in science, technology, engineering and math (STEM). The popular work visa has been given to a large number of IT professionals from India over the years.

The bill proposes to reduce the number of visas available by 15,000.

It would also require the Department of Homeland Security to prioritize the allocation of these 70,000 H-1B visas to foreign workers based on their salary.
 
Nelson said the measure will help ensure that the H-1B visa programme is once again being used as it was originally intended: to attract foreign workers with highly specialised skills not found among the available US workforce.

Last month, Nelson and senators Chuck Grassley, Chairman of Senate Judiciary Committee, Dick Durbin, assistant Democratic leader, Richard Blumenthal, and Sherrod Brown filed a separate piece of legislation to reform the H-1B visa programme. Specifically, it would prohibit any employer from replacing a US worker with an H-1B visa holder.

It would also require employers to prove that they first tried to recruit American workers prior to hiring an H-1B visa holder and bar companies that employ more than 50 people from hiring any additional H-1B employees if more than half of their employees are already H-1B visa holders, it added.

The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise in specialized fields.

“The H-1B visa programme was never meant to replace qualified American workers, but it was instead intended as a means to fill gaps in highly specialized areas of employment that cannot be filled by Americans,” Grassley said.

“The abuse of the system is real, and media reports are validating what we have argued against for years, including the fact that Americans are training their replacements.”

There is a sense of urgency for Americans who are losing their jobs to lesser skilled workers who are coming in at lower wages on a visa program that has gotten away from its original intent, he said.

“Reform of the H-1B visa programme must be a priority,” Grassley stressed.

The bill would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50 per cent of their employees are H-1B and L-1 visa holders.

This provision would crack down on outsourcing companies that import large numbers of H-1B and L-1 workers for short training periods and then send these workers back to their home country to do the work of Americans, the Senators said.

“For years, foreign outsourcing companies have used loopholes in the laws to displace qualified American workers and facilitate the outsourcing of American jobs. The H-1B and L-1 Visa Reform Act would end these abuses and protect American and foreign workers from exploitation,” Durbin said.

The bill would also give the Department of Labour enhanced authority to review, investigate and audit employer compliance as well as to penalise fraudulent or abusive conduct.

The bill says that working conditions of similarly employed American workers may not be adversely affected by the hiring of the H-1B worker, including who have been placed by another employer at the American worker’s worksite.

It explicitly prohibits replacement of American workers by H-1B or L-1 visa holders.

Comments

 

Other News

How social media is reshaping elections

Since Brazil’s return to direct presidential elections in 1985, no candidate who finished second in the first round of polling had ever won the presidency. Luiz Inácio Lula da Silva, now 81, has just done it. What explains the comeback, and what changed in Brazilian politics to make it possi

Cabinet approves Dearness Allowance, Dearness Relief

The union cabinet chaired by prime minister Narendra Modi on Wednesday approved the release of an additional instalment of Dearness Allowance (DA) to central government employees and Dearness Relief (DR) to pensioners with effect from 01.07.2026 representing an increase of 3% over the existing rates of 6

Cyclone Arnab strikes Andhra as warming oceans amplify storm risks

Cyclone Arnab made landfall along the Andhra Pradesh and Yanam coasts in the early hours of Wednesday as a very severe cyclonic storm, with maximum sustained wind speeds of 125–135 kmph and gusts reaching 150 kmph. Its rapid intensification has raised concerns about how warmer oceans, global warmin

Counting matters but which ones?

The first instinct of public policy is to count. Its harder task is to count what counts. We have become remarkably good at measuring the reach of the welfare state vis-à-vis beneficiaries covered, rupees transferred, houses built, connections installed and services delivered. But some of the most

Inching closer to a trade deal with America

The cooperation between India and the United States goes back quite a time. We need to relegate that era to the backburner when Pandit Jawaharlal Nehru visited US in the times of president Dwight Eisenhower and called the American let-off of 10 million dollars in defence aid to Pakistan as a “gun w

Manch vs Musk: Forty people and a foreign billionaire

About forty people walked the roundabout on Teen Murti Marg to the gate of Chanakyapuri police station, a distance you could cover in under a minute, on Friday to protest against Elon Musk’s Starlink. The walk was called by the Swadeshi Jagaran Manch. Nobody joined them on the way, and nobody seeme

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter