Bill Introduced in U.S. to Eliminate Abuse of H1B Visa Programme

Tuesday, 19 March 2013, 22:27 IST
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It also provides that the wages paid to H-1B visa holders must be the highest of the locally-determined prevailing wage for the occupational classification in the area of employment; the median average wage for all workers in the occupational classification in the area of employment; or the median wage for skill level two in the occupational classification found in the most recent occupational employment statistics survey.

The bill increases the ability of the departments of Labor and Homeland Security to enforce worker protections by allowing random audits, and removes burdensome requirements for initiating Department of Labor investigations and requires Department of Labor employees to share information about H-1B petitions with the US Citizenship and Immigration Services.

It requires that each employer filing an application for an H-1B visa holder must submit to the Department of Labor the W-2 tax form for each H-1B visa holder employed during the previous period.

It also increases fines per violation from USD 1000 to USD 2000 and from USD 5000 to USD 10,000 for willful misrepresentation and restricts the ability of these companies to participate in the future recruiting of such employees.

The bill requires an L visa holder to prove that a legitimate business is being set up in the US, modifies the wage requirements and outplacement rules, provides L visa holders with a brochure about their rights, and requires a report on the blanket petition application process.


Source: PTI