Quora Question: What's the Status of H1B Visa Reform?

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Answer from Raad Ahmed, CEO & Founder of LawTrades.com:

The H1-B season officially starts on April 1st and with the new Trump administration making promises to “crack down” on the visa application process, a lot of people are wondering where the cards are going to fall. Here’s what we do know—there are a few bills that have been introduced that may shed some light on the direction that the reform may take.

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A bill that was introduced a few months ago submitted by Rep. Darrell Issa, the Protect and Grow American Jobs Act, suggests the following:

  • The bill is intends to crack down on companies that are unfairly outsourcing positions to foreign workers at the expense of American workers.
  • The new requirements for pay will be 100K per worker. If the rate falls below that then the company will have to prove that they couldn’t hire an American for the same position.
  • The bill indicates that the requirements would impact companies that have at least 50 employees and 15 percent of which are made up of foreign workers.
  • The visa system would rely on a lottery system.
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Cuban doctors prepare to travel to Miami, from El Dorado airport in Bogota, Colombia, February 6, after the U.S. government granted them visas. Jaime Saldarriaga/Reuters

Rep. Chuck Grassley and Rep. Richard Durbin submitted H1-B and L-1 Visa Reform Act which indicates the following:

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  • Prevents companies with more than 50 employees that already have half of their workers with an H1-B or L-1 Visa from hiring additional H1–B workers.
  • Eliminates the lottery system and gives priority to foreign students that are enrolled in the US, individuals with advanced degrees, and those with especially high skills.

Another bill presented by Rep. Zoe Lofgren, the High-Skilled Integrity and Fairness Act of 2017, suggests the following:

  • Visas would be awarded to employers who offer their workers the highest salaries.
  • Eliminates limits based on country of origin.
  • Sets aside 20% of the visa cap for startups so that smaller businesses can compete for skilled workers.
  • Makes it easier for temporary and student visa holders by building a bridge between F-1 student status to Lawful Permanent Residence.
  • Removes unnecessary paperwork to simplify the application process.

There’s a lot buzzing around about what the outcome will actually be, but so far these are the talking points. A lot of the reforms focus on making the process a bit harder for companies to hire H1-B workers in the hopes that it will attract more American workers with the same type of skills. But, the other side of the argument is that there simply aren’t enough American workers for these type of jobs (usually meaning IT positions).

What is going to be the future of H1B visa for the students who are studying in US? originally appeared on Quora—the place to gain and share knowledge, empowering people to learn from others and better understand the world. You can follow Quora on Twitter, Facebook, and Google+. More questions:

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