Wednesday, January 25, 2017


Sens. Grassley (R-IA) and Durbin (D-IL) have reintroduced their H-1B bill.  They have introduced a version of this bill for the last several Congressional sessions.  The last version of the bill only attracted 5 co-sponsors, and never had any significant traction in Congress.  This term, competing and related House bills have been offered by Rep. Issa and Rep. Lofgren

It remains unclear how this one differs, if at all, from the last versions, since the text of the bill has not yet been released.  The last version of the bill included several significant changes to the H-1B process.  That bill creates a preference system for the H-1B lottery, which prioritized H-1B workers in this order:

  • Masters (or greater) degree in STEM from a US university
  • Companies who offer a Level 4 wage for that H-1B worker
  • Masters (or greater) degree in any other major from a US university
  • Companies who offer a Level 3 wage for that H-1B worker
  •  Bachelor’s degree in STEM from a US university
  • Bachelor’s degree in any other major from a US university
  •  Schedule A occupation
  • Good corporate citizens
Other components of the bill included:
  • H-1Bs must pay at least a level 2 wage for all H-1Bs
  • Require a posting on USA for 30 days prior to filing an H-1B
  • Employer must certify that no US worker has been displaced and that the employer has attempted to recruit US workers
  • 50/50 employers are barred from the H-1B process
  • H-1B limited to 3 years, unless the H-1B worker has an approved I-140
  • Additional burden for employers who place workers at third-party worksites.
  • Increased investigative power for DOL
  • Changes to the L-1 program


  1. Dear MU Law
    Can you specify what Level 4, 3,2 wages comprise of? What category does a full time Physical Therapist's wage fall under usually ?
    Thank you

  2. The wage levels depend on the job offer from the company.

  3. Do you know when this will be on the schedule? Do you think this will be enacted into a law before April 1? Also, re: the wage increase, would current H1B workers need to be increased as well?

    1. No - I don't think that this has a chance of becoming law anytime soon, if ever. But it could shape future H-1B laws and rules.


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