Proposed Changes to L1 Visa as part of Immigration Driving Entrepreneurship in America (IDEA) Act of 2011.
New L1 Visa Rules (proposed)
Sec. 403. Reforming the L Visa Program to Protect American Workers.
- (a) Requiring Prevailing Wage for Certain L-1B Nonimmigrants. Generally requires an employer to pay the prevailing wage in an occupation if the employer seeks to bring in an L-1B “specialized knowledge” worker for longer than 18 months over a 3-year period.
- Third-Party Worksites. If a worker is to be stationed primarily with another employer, then the prevailing wage must be paid if the worker will be in the U.S. for more than 90 days.
- Alternative to Prevailing Wage. Allows an employer to keep an L-1B worker on a foreign payroll if the employer can show that the worker’s total compensation (including benefits, employer provided housing and automobiles, and other benefits) meets or exceed the total compensation provided to similarly-situated U.S. workers.
- (b) Investigation and Disposition of Complaints Against L-1 Employers. Provides DOL with authority similar to that in the H-1B program to investigate violations of the L visa program (current law has no enforcement provisions for the L visa).
- (c) Technical Amendment. Provides a technical, conforming amendment to the INA.
- (d) Report on L-1 Nonimmigrants. Amends a current reporting requirement in the INA to include information on the number of L-1 visas issued pursuant to approved “blanket” petitions.
- (e) Report on L-1 Blanket Petition Process. Requires the DHS Inspector General, in cooperation with the State Dep’t Inspector General, to conduct a study and issue a report on the L visa blanket
IDEA Act 2011
- Changes proposed as part of IDEA Act 2011 for F1 Visa
- IDEA Act 2011 – Changes to H1B Visa
- IDEA Act 2011 – Changes to Green Card