S. 887 would 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.
Detailed Summary
H-1B and L-1 Visa Reform Act of 2009 - Amends the the Immigration and Nationality Act to revise employer and government provisions regarding H-1B (specialty occupation) and L-1 (intracompany transfer) nonimmigrant aliens.
Amends H-1B employer application requirements to: (1) revise wage determination requirements; (2) require Internet posting and description of employment positions; (3) lengthen U.S. worker displacement protection: (4) apply certain requirements to all H-1B employers rather than only to H-1B dependent employers; (5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and (6) limit the number of H-1B and L-1 employees that an employer of 50 or more workers in the United States may hire.
Revises application review provisions. Authorizes the Department of Labor (DOL) to: (1) investigate applications for fraud; and (2) conduct H-1B compliance audits.
Directs DOL to conduct annual audits of companies with large numbers of H-1B workers.
Authorizes DOL to initiate H-1B employer application investigations.
Increases employer penalties.
Revises provisions regarding initiation of employer violation investigations by DOL.
Provides for information sharing between DOL and United States Citizenship and Immigration Services regarding employer noncompliance.
Authorizes DOL to hire 200 additional employees to administer H-1B programs.
Prohibits, with a specified waiver by the Secretary of Homeland Security, an employer from hiring an L-1 nonimmigrant for more than one year 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.
Specifies L-1: (1) employer petition requirements for employment at a new office; (2) wage rates and working conditions; and (3) employer penalties.
Authorizes the Secretary of Homeland Security to initiate an L-1 employer investigation.
Requires a report to Congress regarding the L-1 blanket petition process.
Status of the Legislation
Latest Major Action: 4/23/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
Pinoy
July 9, 2009, 12:42am (report abuse)woooow
Harvey
July 14, 2009, 9:35pm (report abuse)Make sure to tell Washington to vote yes on s.887
Bernard Johnson
July 26, 2009, 9:45am (report abuse)There is still a long way to go. How many jobs have been outsourced in the past 20 years? These jobs go to Indian companies like Infosys and Accenture, not many visas really necessary as the workers are mostly located offshore in India. Accenture particularly uses Americans on the company site - which I guess looks good on the surface. But what is being handed to overseas company is not really "jobs" so to speak but PROJECTS that large and profitable US corporations outsource. A corporation who outsources a few projects elimantes 50 IT workers by giving these projects to Indian companies and there is nary a H-1B visa issued. Under the radar. This outsourcing of projects = loss of jobs in the US. Although this bill leaves a lot to be desired it is a nice first step.
dwulkan
(logged in user) July 28, 2009, 6:48pm (report abuse)Finally, someone is trying to looking out for the vanishing American Tech Worker. Without a doubt, it is only with this kind of initiative that our ravaged U.S. consumer-based economy will come out of its malaise. It is unfortunate that this bill alone will not put enough suffering americans back into living wage jobs. And, those companies that arrogantly abuse the guest worker visa system (like HP) will just use other visa programs or pay to have new visa classifications invented. Instead of targetting H1B and L1 visas it should apply to "all guest worker permits and visas".
Dana Rothrock
August 23, 2009, 7:36pm (report abuse)http://www.jobdestruction.info/NewsArchive/2007-04-03 Dubin's bill on H-1BL-1.htm
Dubin's bill on H-1B/L-1
http://www.jobdestruction.info/NewsArchive/2007-04-05 hoopla over DurbinGrassley bill to reform H-1BL-1.htm
hoopla over Durbin/Grassley bill to reform H-1B/L-1
http://heather.cs.ucdavis.edu/Archive/DurbinBill.txt
major news--Sen. Durbin introduces H-1B/L-1 bill
http://heather.cs.ucdavis.edu/Archive/DurbinBillStatus.txt
status of Durbin/Grassley bill
Travis
October 5, 2009, 1:26pm (report abuse)Do you think is this going to approve? No senetors will postphone it until U.S. market improves and at end they don't approve it. this is all part of game.
joseph
October 9, 2009, 7:22am (report abuse)see the infosys news, there rocking with profits..
Infosys Q2 profit rises 7.5 pct, beats forecast