Federal - HR 170

A bill to amend the Immigration and Nationality Act to modify the definition of "exempt H-1B nonimmigrant".

Introduced

January 3, 2017

Description

A bill to amend the Immigration and Nationality Act to modify the definition of "exempt H-1B nonimmigrant".

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Monitoring

Original Sponsor 1

Co-Sponsors 9

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  • Nov. 15, 2017 — Full committee consideration and markup held by the House Judiciary Committee.

    Nov. 15, 2017 — Committee Vote: H1-B Visa Program Requirements — Enforcement Fees and Recruitment Requirements
    Goodlatte, R-Va. —

    Amendment to the Issa, R-Calif., substitute amendment that would, subject to advance appropriations, make funds deposited into the "Fee to Ensure Effective Enforcement of the H-1B Program Account" available to the Labor secretary for enforcement activities.

    It also would clarify that H-1B dependent employers who pay H-1B visa holders $135,000 annually or the mean wage level for the occupational classification in the area of employment would be eligible for a waiver from the requirement that such employers attest to U.S. recruitment efforts.

    Amendment to the Issa, R-Calif., substitute amendment that would, subject to advance appropriations, make funds deposited into the "Fee to Ensure Effective Enforcement of the H-1B Program Account" available to the Labor secretary for enforcement activities.

    It also would clarify that H-1B dependent employers who pay H-1B visa holders $135,000 annually or the mean wage level for the occupational classification in the area of employment would be eligible for a waiver from the requirement that such employers attest to U.S. recruitment efforts.

    Adopted by voice vote.

    Nov. 15, 2017 — Committee Vote: H1-B Visa Program Requirements — Substitute Amendment
    Issa, R-Calif. —

    Substitute amendment that would require H-1B visa dependent employers to attest to the Labor secretary that the employer did not and will not displace a U.S. worker employed by the company during the period beginning 90 days before filing an H-1B visa petition and the last day it employs any H-1B visa holders.

    It also would require the employer to inform the secretary of any displacement of U.S. workers placed with another employer and to end the business relationship with such employers.

    It would add language to require H-1B visa dependent employers to pay H-1B visa holders they employ at least the mean wage level for the occupational classification in the area of employment.

    It would allow the Labor secretary to subject an H-1B visa dependent employer to random investigations and require the secretary to conduct investigations of at least 5 percent of H-1B visa dependent employers annually.

    It would add language to require the Homeland Security secretary to impose $495 fee on H1-B visa holders to "ensure effective enforcement" of H-1B dependent employers. It would allow the Labor secretary to periodically recommend that the fee be adjusted to ensure full recovery of costs of enforcing the program.

    It also would strike language on congressional findings on the H-1B visa program.

    Substitute amendment that would require H-1B visa dependent employers to attest to the Labor secretary that the employer did not and will not displace a U.S. worker employed by the company during the period beginning 90 days before filing an H-1B visa petition and the last day it employs any H-1B visa holders.

    It also would require the employer to inform the secretary of any displacement of U.S. workers placed with another employer and to end the business relationship with such employers.

    It would add language to require H-1B visa dependent employers to pay H-1B visa holders they employ at least the mean wage level for the occupational classification in the area of employment.

    It would allow the Labor secretary to subject an H-1B visa dependent employer to random investigations and require the secretary to conduct investigations of at least 5 percent of H-1B visa dependent employers annually.

    It would add language to require the Homeland Security secretary to impose $495 fee on H1-B visa holders to "ensure effective enforcement" of H-1B dependent employers. It would allow the Labor secretary to periodically recommend that the fee be adjusted to ensure full recovery of costs of enforcing the program.

    It also would strike language on congressional findings on the H-1B visa program.

    Adopted (as amended) by voice vote.

    Nov. 15, 2017 — Committee Vote: H1-B Visa Program Requirements — Vote to Report

    Revise eligibility requirements for the H-1B visa program.

    The bill would define an H-1B-dependent employer as one that has 51 or more full-time equivalent employees of which at least 20 percent are H-1B visa holders.

    It would require H-1B visa dependent employers to attest to the Labor secretary that the employer did not and will not displace a U.S. worker employed by the company during the period beginning 90 days before filing an H-1B visa petition and the last day it employs any H-1B visa holders.

    It would require the employer to inform the secretary of any displaced U.S. workers placed with another employer and to end the business relationship with such employers.

    It would require employers to submit with H-1B visa applications a report summarizing its efforts to recruit U.S. workers including the number of U.S. workers who applied for the job; the number of U.S. workers who were offered the job and whether they accepted the offer; and the reasons U.S. applicants were not offered jobs.

    It would require H-1B visa dependent employers to pay H-1B visa holders they employ at least the mean wage level for the occupational classification in the area of employment.

    It would allow the Labor secretary to subject an H-1B visa dependent employer to random investigations and require the secretary to conduct investigations of at least 5 percent of H-1B visa dependent employers annually.

    It also would require the Homeland Security secretary to impose a $495 fee on H1-B visa holders to "ensure effective enforcement" of H-1B dependent employers. It would specify that the fee would not apply to the spouses or children accompanying or following the H-1B visa holder.

    It would allow the Labor secretary to periodically recommend that the fee be adjusted to ensure full recovery of costs of enforcing the program.

    The bill would establish a "Fee to Ensure Effective Enforcement of the H-1B Program Account" for the collection of such fees.

    As amended it would, subject to advance appropriations, make funds deposited into the "Fee to Ensure Effective Enforcement of the H-1B Program Account" available to the Labor secretary for enforcement activities.

    Revise eligibility requirements for the H-1B visa program.

    The bill would define an H-1B-dependent employer as one that has 51 or more full-time equivalent employees of which at least 20 percent are H-1B visa holders.

    It would require H-1B visa dependent employers to attest to the Labor secretary that the employer did not and will not displace a U.S. worker employed by the company during the period beginning 90 days before filing an H-1B visa petition and the last day it employs any H-1B visa holders.

    It would require the employer to inform the secretary of any displaced U.S. workers placed with another employer and to end the business relationship with such employers.

    It would require employers to submit with H-1B visa applications a report summarizing its efforts to recruit U.S. workers including the number of U.S. workers who applied for the job; the number of U.S. workers who were offered the job and whether they accepted the offer; and the reasons U.S. applicants were not offered jobs.

    It would require H-1B visa dependent employers to pay H-1B visa holders they employ at least the mean wage level for the occupational classification in the area of employment.

    It would allow the Labor secretary to subject an H-1B visa dependent employer to random investigations and require the secretary to conduct investigations of at least 5 percent of H-1B visa dependent employers annually.

    It also would require the Homeland Security secretary to impose a $495 fee on H1-B visa holders to "ensure effective enforcement" of H-1B dependent employers. It would specify that the fee would not apply to the spouses or children accompanying or following the H-1B visa holder.

    It would allow the Labor secretary to periodically recommend that the fee be adjusted to ensure full recovery of costs of enforcing the program.

    The bill would establish a "Fee to Ensure Effective Enforcement of the H-1B Program Account" for the collection of such fees.

    As amended it would, subject to advance appropriations, make funds deposited into the "Fee to Ensure Effective Enforcement of the H-1B Program Account" available to the Labor secretary for enforcement activities.

    Ordered reported favorably to the full House (as amended) by voice vote.
  • May 26, 2017 — Additional cosponsor(s): 2

    Comstock, (R-Va.)LaMalfa, (R-Calif.)
  • April 28, 2017 — Additional cosponsor(s): 1

    Bishop, M. (R-Mich.)
  • Jan. 3, 2017 — Original cosponsor(s): 6

    Farenthold, (R-Texas)Labrador, (R-Idaho)Polis, (D-Colo.)
    Hunter, (R-Calif.)Peters, S. (D-Calif.)Smith, Lamar (R-Texas)
  • Jan. 3, 2017 — Read twice and referred to: House Judiciary.Congressional Record p. H42