A bipartisan legislation seeking reform of the popular H-1B visa program and modifying wage requirements has been introduced in the Senate with an aim to check “abuse of the system,” a move that could have implications for the Indian techies working in America, writes Lalit K. Jha. <\/b>(Current Affairs, Legal Issues, #H1BVisa, #IndianTechiesinUS, #ForeignWorkersinUS)<\/p>\n
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The bill, introduced by Senators Chuck Grassley, Chairman of Senate Judiciary Committee, and Dick Durbin, Assistant Democratic Leader, is co-sponsored by Senators Bill Nelson, Richard Blumenthal, and Sherrod Brown.<\/p>\n
“The H-1B visa program was never meant to replace qualified American workers, but it was instead intended as a means to fill gaps in highly specialized areas of employment that cannot be filled by Americans,” Grassley said.<\/p>\n
“The abuse of the system is real, and media reports are validating what we have argued against for years, including the fact that Americans are training their replacements.”<\/p>\n
There is a sense of urgency for Americans who are losing their jobs to lesser skilled workers who are coming in at lower wages on a visa program that has gotten away from its original intent, he said.<\/p>\n
“Reform of the H-1B visa program must be a priority,” Grassley stressed.<\/p>\n
The bill would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50 percent of their employees are H-1B and L-1 visa holders.<\/p>\n
This provision would crackdown on outsourcing companies that import large numbers of H-1B and L-1 workers for short training periods and then send these workers back to their home country to do the work of Americans, the Senators said.<\/p>\n
“For years, foreign outsourcing companies have used loopholes in the laws to displace qualified American workers and facilitate the outsourcing of American jobs. The H-1B and L-1 Visa Reform Act would end these abuses and protect American and foreign workers from exploitation,” Durbin said.<\/p>\n
The bill would also give the Department of Labor enhanced authority to review, investigate and audit employer compliance as well as to penalize fraudulent or abusive conduct.<\/p>\n
The bill says that working conditions of similarly employed American workers may not be adversely affected by the hiring of the H-1B worker, including who have been placed by another employer at the American worker’s work site.<\/p>\n
It explicitly prohibits replacement of American workers by H-1B or L-1 visa holders.<\/p>\n
The Grassley-Durbin reform bill will for the first time prioritize the annual allocation of H-1B visas.<\/p>\n
In addition, the bill includes establishment of a wage floor for L-1 workers, give authority to the Department of Homeland Security to investigate, audit and enforce compliance with L-1 program requirements, provide assurance that intra-company transfers occur between legitimate branches of a company and do not involve “shell” facilities and a change to the definition of “specialized knowledge” to ensure that L-1 visas are reserved only for truly key personnel.<\/p>\n","protected":false},"excerpt":{"rendered":"
A bipartisan legislation seeking reform of the popular H-1B visa program and modifying wage requirements has been introduced in the Senate with an aim to check “abuse of the system,” a move that could have implications for the Indian techies working in America, writes Lalit K. Jha. (Current Affairs, Legal Issues, #H1BVisa, #IndianTechiesinUS, #ForeignWorkersinUS) The…<\/p>\n