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senate Bill S. 180

H-1B and L-1 Visa Reform Act of 2017

Bill Details

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Title

H-1B and L-1 Visa Reform Act of 2017

Official Title

A bill to amend the Immigration and Nationality Act to reform and reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States, and for other purposes.

Summary

H-1B and L-1 Visa Reform Act of 2017 This bill amends the the Immigration and Nationality Act to revise employer and government requirements regarding visas for nonimmigrant aliens rated H-1B (specialty occupation) and L-1 (intracompany transfer to the United States from abroad). H-1B employer application requirements are revised. The bill establishes an H-1B visa allocation system, with first priority reserved for aliens who have earned an advanced degree in a field of science, technology, engineering, or mathematics (STEM) from a U.S. institution of higher education. The bill requires completion of a U.S. degree (or an equivalent foreign degree) as a qualification for "specialty occupation" eligibility, eliminating experience in a specialty as an equivalent to the completion of such a degree. The bill prescribes an H-1B labor condition application fee. The Department of Labor may issue subpoenas and seek appropriate injunctive relief and specific performance of contractual obligations to ensure H-1B employer compliance. The period of authorized admission for an H-1B nonimmigrant is reduced from six to three years, with a three-year extension available for aliens with extraordinary ability or with advanced degrees or professors. The bill denies an H-1B visa to any alien normally classifiable as an H-1 nonimmigrant who seeks U.S. admission to provide services in a specialty occupation. Labor may investigate applications for fraud and conduct H-1B compliance audits. Labor shall conduct annual audits of companies with more than 100 employees who work in the United States if more than 15% of those employees are H-1B nonimmigrants. The bill increases certain employer penalties, including the penalty for displacing a U.S. worker. An employer that violates any H-1B requirement shall be liable to the harmed employee for lost wages and benefits. The U.S. Citizenship and Immigration Services shall give Labor any information in materials submitted by H-1B employers as part of the petition adjudication process that indicates employer noncompliance with H-1B visa program requirements. Labor may hire 200 additional employees to administer H-1B programs. The bill prohibits an employer, unless it receives a waiver from Labor, from hiring for more than one year an L-1 nonimmigrant who will: (1) serve in a capacity involving specialized knowledge, and (2) be stationed primarily at the worksite of an employer other than the petitioning employer. No employer may replace a U.S. worker with an L-1 worker. The bill prescribes L-1 requirements regarding: (1) employer petitions for employment at a new office, (2) wage rates and working conditions, and (3) employer penalties. Labor may initiate an L-1 employer investigation. Authority to administer L-1 visa blanket petitions is transferred from the Department of Justice to the Department of Homeland Security.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedJanuary 20th, 2017
    Stop. They're working, they pay taxes they will likely not see benefits from. We need them to work.
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    This update is in the spirit of the H-1B program to bring in talent, not cheap labor. The salary requirements are increased from $60,000 to approximately $132,000. I have over 20 years of experience in technology and can confirm that this program has devolved into low cost, low skill labor.
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    Amend away! Employers are gaming the current system big time. Barely competent "IT developers" are brought in to work in the high tech industry. Great characters but woefully inept at the work that is required.
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    As an IT professional I have seen first hand too many jobs taken from US citizens and given to foreigners on these visas. Many companies are gaming the system either directly or more often indirectly through contracting firms. This has to be fixed.
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    Our current laws are sufficient although they might be better enforced.
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    Green card and citizenship tests are stringent enough already. Stop adding more steps because of xenophobia.
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    Americans need the jobs, Our colleges pump out qualified people every day. It would be better for them to make their homeland a better place to live.
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    Why cost a family there house and food and life over a bill that doesn't effect you. We pay taxes and we pay every time we go to a store we're just like you allowing this bills only hurts us not you!
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    My grandparents didn't flee war torn Germany, Italy and Croatia after the first world war just to close the door behind them. Everyone is welcome here.
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    Stop fighting the fact that American mayors and governors let their failing manufacturing cities and states down. Visas are needed because we do not educate and train enough people to be engineers and programmers.
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    we are a nation of immigrants! bring me your p
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