H1B Visa : Comprehensive Immigration Reform 2013

Raghuram Sukumar USA Visa 8 Comments

us congress logoComprehensive Immigration Reform 2013 (CIR 2013) bill introduced in US Senate and US House  in coming weeks.

Blog readers will be greatly impacted by changes that will be proposed in Comprehensive Immigration Reform 2013 bill.

Immigration Reform will include several sections, but lets focus on High Skilled part of the bill which includes H1B Visa, Employment Based Green Card, F1 Visa, L1 and other work visa.

In this article, I will focus on H1b Visa related provision and updates that can be part of Comprehensive Immigration Reform 2013 bill.

H1B Visa Immigration Reform 2013

There are several bills introduced that will be eventually considered as part of H1B Immigration reform in CIR 2013 Bill.

U.S. Senate Immigration Bill should be introduced in April, 2013

I-Squared Act of 2013  (Jan, 2013)

  • Increase H1B cap to 115,000 and maximum of 300,000 based on additional rules and demand.
  • No cap for advanced degree holders from U.S. college or university
  • eliminate annual per-country limits for employment based visa petitioners

The H-1B and L-1 Visa Reform Act of 2013 ( March, 2013)

Here is a sample overview of H-1B and L-1 Visa Restriction Bill

  • Requires all companies to make a good faith effort to hire Americans first.
  • Prohibits employers from advertising only to H-1B visa holders.
  • Prohibits companies from outsourcing visa holders to other companies.
  • Ensures that an H-1B application filed by an employer that employs 50 or more U.S. workers will not be accepted unless the employer attests that less than 50 percent of the employer’s workforce are H-1B and L visa holders.
  • Requires Department of Labor employees to share information about H-1B petitions with the U.S. Citizenship and Immigration Services.
  • Increases administrative fines per violation from $1000 to $2000 and from $5000 to $10,000 for willful misrepresentation and restricts the ability of these companies to participate in the future recruiting of H-1B and L-1 employees.

H1B Visa Provisions in CIR ( April 2013 )

  • Double the current 65,000 H-1B cap, or to set it in the low l00,000-range.
  • Less certain how the Senators will treat a separate cap of 20,000
  • Increasing fees for large H-1B users and IT services providers after they hit certain thresholds
  • Unlimited green cards for science, technology, engineering and math (STEM) advance degree holders

Source

There will be increase in number of students applying for USA if unlimited Green Cards are given to advanced degree holders from certain universities ( research universities).

There should be strict restriction on which schools qualify as research universities.

Follow CIR 2013 Tag for all updates related to H1B Visa provisions in Comprehensive Immigration Reform 2013.

Comments

  1. Hi ,
    I have one consultant offering me H1 placing at client site . I f this new immigration bill becomes law, I suppose I will not get visa stamped because H1 visa holder placement at client site is banned as per new rules. Please tell me if this will be implemented from Oct 1 2014 .

  2. I am familiar with this H1B program from last 12 years; I can say that it is there simply to cut down the salaries of American IT workers by exploiting H1B workers from other countries. On the other hand, H1B consulting firms are making millions of dollars by blackmailing H1B workers with the promise of sponsoring H1B Visa/Green cards. Companies who are sponsoring Green Cards will only pay 40% of the salary to these H1B workers throughout the period of H1B Visa/Green Card application (5-10 years).

    Legally H1B’s has to be on jobs all the time through their sponsoring employers (Often Consulting firms), so H1B’s are willing to work for even $15-$25 in some cases. Adding to the insult, most of the H1B spouses want to work legally or illegally to earn the second income, so their salary expectations are much lower to their H1B spouses. Overall, H1B’s have been taking American IT worker jobs for long period of time and the spouses of H1B workers have been taking IT and other sector jobs…..Well! you do the math to find out the Negative Impact that ONE H1B is having on American IT workers and to their families through the life cycle of H1B and Green Card program……..It is basically a set up from Employers from the beginning with the support of local lawmaker’s support.
    We should abolish H1B program all together.

    Let us all wake up and say NO to this Immigration Reform bill, by calling our local Congress person.
    THIS BILL WOULD BE A *** DISASTER*** FOR AMERICAN CITIZENS WHO ARE IN IT FIELD.
    !

  3. whats the point ? Who wants to stay at the mercy of US government , these immigration rules can change at any point of time.Why would crazy Indians spend 40 lacks (without any such guarantee of repaying the loan) go to such a country ? Since , there are no job options in USA.It better to study in India or to go for any other country.I would rather think twice b4 taking such a big risk , most of the people don’t understand that this is 2013 , obama is mad on indians and chinese , he doesn’t want any outsiders in USA , no disrespect but that is true.If it would have been 2002-2007 i would i thought about it.American don’t give a rats ass what your qualification is or what research you have done.Even if you are good in Studies you will find hard time searching the jobs …..I have no plans to discourage the readers , i am personally a big fan of HSB and raghu but this is the reality of America.

    1. Apparently alot of Indians want to stay. My neighborhood is suddenly infested with indians. Then they bring their wives have three kids. Then they bring their grandparents and the building stinks of curry.

  4. whats the point ? Who wants to stay at the mercy of US government , these immigration can change at any point of time.Why would crazy Indians spend 40 lacks (without any such guarantee of repaying the loan) since , there are no job options in USA.It better to study in India or to go for any other country …..

  5. Hi friends,
    I have a question for you.
    Is still US a best option interms of job after ms ( f1 visa) , becoz immigration system start to pickup the applicants based on lottery for H1B .

    finding work is difficult in US after MS . If u get, still we will stay as an option to get H1B visa ( as it is lottery based)

  6. These are also proposals. Its hard for them to become law. One thing we should note that in USA, everything goes towards Business interest. They look for their profit. while they may increase H-1B visa, path towards Green Card for Indian citizens is very painful.
    One positive thing is that Both Democrats and Republicans have realised that Hispanics are very important voting bloc and they cannot be ignored by either party. will there be any bill which will speed up the Green Card process for Indians stuck up here. People are waiting since 2003.

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