H-1B and L-1B Visa Reform Act introduced in Congress

Assistant Senate Majority Leader Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) today introduced the H-1B and L-1 Visa Reform Act - narrowly-tailored bipartisan legislation that would, in their words,

reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.

Senator Durbin's website states the following:

The H-1B visa program should complement the U.S. workforce, not replace it,” Durbin said. “Congress created the H-1B visa program so an employer could hire a foreign guest-worker when a qualified American worker could not be found. However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs. Our bill will put a stop to the outsourcing of American jobs and discrimination against American workers.

The Reform Act would

• Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers;
• Prohibit the of “H-1B only” ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50% of their employees are H-1B and L-1 visa holders;
• Allow DOL to initiate investigations without a complaint and without the Labor Secretary’s personal authorization;
• Authorize DOL to review H-1B applications for fraud;
• Allow DOL to conduct random audits of any company that uses the H-1B program; and
• Require DOL to conduct annual audits of companies who employ large numbers of H-1B workers.