Monday, January 9, 2017

ISSA OFFERS H-1B BILL AIMED AT H-1B DEPENDENT EMPLOYERS

Last week, Rep. Darrell Issa (R-CA) proposed the Protect and Grow American Jobs Act, which has been co-sponsored by Congressman Scott Peters (D-CA).  The bill is aimed at H-1B dependent employers. 

H-1B dependent employers are employers whose workforce is comprised of at least 15 percent H-1B workers.  The 15 percent rule is modified for H-1B employers with fewer than 25 employees. 

“H-1B dependent employers” must make two additional attestations to the USCIS in order to have an H-1B petition approved, above and beyond the usual H-1B requirements and attestations.   

The two attestations affirm that the employer has (i) taken steps to insure that no US workers are being displaced as a result of the H-1B petition and (ii) taken steps to recruit US workers for these positions. 

Under current law, H-1B dependent employers are exempt from these two attestations if they agree to pay the H-1B worker at least $60,000 per year and/or the H-1B worker holds at least the equivalent of a US master’s degree. 

According to his website, Cong. Issa’s bill makes two changes to the law.  The bill raises the first exemption to $100,000 per year and eliminates the master’s degree exemption.  The full text of the bill has not yet been released

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