H-1B and L-1 Visa Reform: Protecting American Jobs and Wages.
This Act significantly overhauls the H-1B and L-1 visa programs to curb fraud and protect US workers from displacement. It mandates higher wage requirements for foreign workers, enforces strict non-displacement rules, and introduces a new priority system favoring US-educated graduates and high-wage offers. These changes aim to ensure that foreign talent complements, rather than replaces, the American workforce.
Key points
Mandatory Higher Wages: Employers must pay H-1B workers the highest of three prevailing wage metrics, significantly increasing the cost of hiring foreign labor.
Strict Non-Displacement Rules: Companies are prohibited from displacing US workers 180 days before or after hiring an H-1B or L-1 nonimmigrant.
Increased Transparency: Employers must post detailed job openings on a new Department of Labor website for 30 days before applying for an H-1B visa.
Limits on Outsourcing: New restrictions are placed on placing H-1B and L-1 workers at unaffiliated third-party worksites (outsourcing arrangements).
Enhanced Enforcement: Penalties for violations are substantially increased, and the Department of Labor gains subpoena authority and mandates annual compliance audits for high-dependency employers.
Status:
Introduced
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