Legislation has been introduced in the US House of Representatives, which among other things, calls for more than doubling the minimum salary of H-1B visa holders to $130,000, making it difficult for firms to use the programme to replace American employees with foreign workers, including from India.
The High-Skilled Integrity and Fairness Act of 2017 introduced by California Congressman Zoe Lofgren prioritising market-based allocation of visas to those companies willing to pay 200 percent of a wage calculated by survey, eliminates the category of lowest pay, and raises the salary level at which H-1B-dependent employers are exempt from non-displacement and recruitment attestation requirements to greater than $130,000.
This is more than double the current H-1B minimum wage of $60,000. which was established in 1989 and since then has remained unchanged.
My legislation refocuses the H-1B programme to its original intent – to seek out and find the best and brightest from around the world, and to supplement the US workforce with talented, highly-paid, and highly-skilled workers who help create jobs here in America, not replace them. It offers a market-based solution that gives priority to those companies willing to pay the most. This ensures American employers have access to the talent they need, while removing incentives for companies to undercut American wages and outsource jobs.Zoe Lofgren, US Representative For California’s 19th Congressional District
Lofgren said it removes the ‘per country’ cap for employment-based immigrant visas so that all workers are treated more fairly and to move to a system where employers hire the most skilled workers without regard to national origin.
Future Hurdles
It raises the salary level at which H-1B-dependent employers are exempt from attestation requirements to a new required wage level of 35 percentile points above the median national annual wage for Computer and Mathematical Occupations published by the Department of Labour Occupational Employment Statistics (roughly $132,000), which would be adjusted in the future without the need for new legislation, and eliminates the Master's Degree exemption for dependent employers.
The legislation sets aside 20 percent of the annually allocated H-1B visas for small and start-up employers (50 or fewer employers) to ensure small businesses have an opportunity to compete for high-skilled workers, while still protecting against outsourcing.
It, among other things, removes visa hurdles for students and other temporary visa holders by building a bridge from F-1 student status to Lawful Permanent Residence and removes paperwork burdens by streamlining H-1B filing requirements and reducing administrative costs.
H-1B and L-1 Visa Reform Act
The legislation tightens employee protection by stipulating that employers may not reduce beneficiary wages, regardless of whether the deduction is in accordance with a voluntary authorisation by the employee.
It makes exceptions for taxes, garnishments, and deductions that are reasonable and customary in the occupation.
In a related development, Senator Sherrod Brown has announced that he’ll introduce H-1B and L-1 Visa Reform Act in the Senate, which he said would close loopholes in the H-1B and L-1 visa programs and provide increased protections for both American workers and visa holders.
We need to crack down on the fraud and abuse that allows corporations to avoid paying Americans fair wages and exploit foreign workers. During his campaign, President Trump promised to increase oversight of our H-1B and L-1 visa programs and reform starts with this bipartisan legislation to ensure that American businesses are giving American workers a fair shot at good-paying jobs.Sherrod Brown, US Senator From Ohio
The bill would require that employers first offer a vacant position to an equally or better qualified American worker before seeking an H-1B or L-1 visa holder.
It would also establish wage requirements for L-1 workers and improve H-1B wage requirements to encourage companies to hire qualified American workers and prevent them from using foreign workers as a source of cheap labour.
Under the H-1B and L-1 Visa Reform, the Department of Labor (DoL) and the Department of Homeland Security (DHS) would have additional oversight authority to investigate fraud and abuse as well as to increase penalties for companies that violate the bill's requirements.
The bill also requires DOL and DHS to share information so that visa petitions are effectively scrutinised.
Impact on IT: Stocks of Indian Tech Firms Plunge
Shares of IT companies like Wipro, HCL, Tech Mahindr, etc plunged as much as 9 percent on Tuesday amid concerns that the new bill in the US that aims to rework the H1-B visa programme will adversely impact the hiring plans of Indian technology firms.
Shares of TCS plunged by 5.46 percent to touch an intra-day low of Rs 2,206.55 on BSE. HCL Technologies fell by 3.77 percent and Wipro Ltd by 2.16 percent.
Infosys lost 4.57 percent to Rs 905 and Wipro went down by 4.11 percent to Rs 445.55.
Tech Mahindra tumbled as much as 9.68 percent to Rs 426 and HCL Technologies declined by 6.25 percent to Rs 787.20.
The BSE IT index fell by 4.83 per cent to touch an intra-day low of 9401.85. It is currently trading at 9547.53.
According to market experts, it was US President Donald Trump’s plans to overhaul work-visa programmes that dampened investors’ sentiment.
(With PTI inputs)
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