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Summary Of Senate Immigration Reform Bill S. 744: What It Would Mean For Information Technology Companies

By Akshat Tewary, Esq.   |   Friday, 17 Jan 2014, 10:33 IST

 

 

 

Title II: Immigrant Visas

  • Eliminates the per-country limit for employment-based immigrants and increases the per-country limit for family-based immigrants.  (Significant progression in priority dates for Indian nationals)
  • Pathway to permanent residency and citizenship: New classification called             Registered Provisional Immigrant (RPI) status
  • Creation of 120,000 merit-based “Track One” immigrant visas, with conditions for qualifying education, work experience, etc. Quota can increase by 5% each year up to 250,000
  • Creation of “Track Two” immigrant visas for RPIs, those with backlogged family and employment-based petitions, those who have been waiting for an immigrant visa for at least 5 years, and those who have been in the U.S. for at least 10 years

    Title IV: Reforms to Non-immigrant Visa Programs
  • H-1B cap to increase from 65,000 to 110,000; can increase depending on how       quickly the cap is reached during a fiscal year, up to 180,000
  • Changes H-1B U.S. Master’s exemption to require STEM degrees, and raises quota from 20,000 to 25,000
  • New compliance requirements: strengthened prevailing wage system, internet         posting, nondisplacement of U.S. worker, recruitment and outplacement restrictions
  • H-1B dependent employer cannot place, outsource, lease, or contract for          services or placement of an H-1B worker; non-H-1B dependent employer   may place an H-1B worker offsite with a fee of $500 per worker
  • “Intending immigrant” whose labor certification or immigrant petition is pending or approved: not to be counted when determining H-1B dependency of an employer, and can therefore be placed offsite

    (The outplacement restriction less of an issue if GC process is started)
  • Employer with 50 or more employees not to exceed 75% limit of H-1B and other nonimmigrant workers for fiscal year 2015, 65% for 2016, and 50% for each  fiscal year after 2016
  • Filing fee changes: Employer with 50 or more employees, with more than 30% but less than 50% being H-1B or L nonimmigrants to pay $5,000 for a filing fee; if more than 50%, the fee is $10,000 (prohibitive cost for large H-1B filers)
  • Authorizes an H-1B or L-visa (intra-company transferee) spouse to work under      certain circumstances
  • Provides deference to prior H-1B or L-visa adjudications involving the same          employer (extensions should be easier)
  • Provides a 60-day lawful status period for an H-1B alien whose employment is      terminated (allows for a change of employer after termination, without having   to leave the country)
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Akshat Tewary
Akshat Tewary - Associate Attorney, Law Offices of Kamlesh Tewary, P.C.
Akshat Tewary focuses primarily on employment-based immigration, employment law and corporate law issues. Prior to joining the Law Offices, he served as an Associate at Kaye Scholer LLP, an international law firm with approximately 500 lawyers  ...  more>>