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Senate bill will prioritize the annual allocation of H-1B visas

Senators Chuck Grassley and Dick Durbin recently introduced a bipartisan legislation that would reform the H-1B visa and L-1 visa program. It would increase enforcement, modify wage requirements and ensure protection for American workers as well as visa holders. Please read news release or full text of the bill for details. 

The Grassley-Durbin reform bill will for the first time prioritize the annual allocation of H-1B visas. The new system would ensure that the best and brightest students being educated in the United States receive preference for an H-1B visa. The preference system also gives a leg up to advanced degree holders, those being paid a high wage, and those with valuable skills. 

The bill proposes to allocate H-1B cap numbers in the following order of preferences:

  1. STEM Master or Higher Degrees in the US

  2. Offer of Level 4 Wages in the Occupation

  3. Non-STEM Master or Higher Degrees in the US

  4. Offer of Level 3 Wages in the Occupation

  5. STEM Bachelor Degrees in the US

  6. Non-STEM Bachelor Degrees in the US

  7. Schedule A Occupations

  8. Employers with the Following Records (in the following order in this priority 8 level):

    1. E-Verify Employer

    2. Not Under Investigations

    3. No Violations of Immigration Laws or Labor Laws for 5 years

    4. Record of 90% approval of H-1B Petitions

    5. Filed I-140 Petitions for 90% of H-1B Employees


  9. Any Remaining H-1B Petitions

If the bill is passed, foreign workers with degrees only from foreign countries would remain in category 9. Employers that filed massive I-140 petitions to the extent of 90% of their H-1B employees will remain at the bottom in preferences in sponsoring new H-1B employees.Please read news release or full text of the bill for details. 

The employers are desperately looking for skilled foreign workers. It is time for you to update your career profile and pitch potential employers now!


Tags:
H-1B Visa, Allocation System, Reform Bill