- Requires all companies to make a good faith effort to hire Americans first.
- Requires prospective H-1B employers to list available positions on a Department of Labor sponsored website for a period of 30 days prior to petitioning for foreign labor.
- Prohibits employers from advertising only to H-1B visa holders.
- Prohibits companies from outsourcing visa holders to other companies. A waiver is provided for companies that can attest that they have not displaced a U.S. worker, and if it is not a “labor for hire” arrangement.
- Provides that the wages paid to H-1B visaholders must be the highest of (1) the locally-determined prevailing wage for the occupational classification in the area of employment; (2) the median average wage for all workers in the occupational classification in the area of employment; or (3) the median wage for skill level 2 in the occupational classification found in the most recent occupational employment statistics survey.
- Increases the ability of the departments of Labor and Homeland Security to enforce worker protections by allowing random audits, and removes burdensome requirements for initiating Department of Labor investigations.
- 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.
- Requires that each employer filing an application for an H-1B visa holder must submit to the Department of Labor the W-2 tax form for each H-1B visa holder employed during the previous period.
- 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.
- Requires State Department consular officers to provide a brochure to visa holders about their rights under the H-1B and L visa programs. The employee would also get copies of his immigration paperwork, and a list of employer obligations (including wage and working condition requirements).
- Requires an L visa holder to prove that a legitimate business is being set up in the United States, modifies the wage requirements and outplacement rules, provides L visa holders with a brochure about their rights, and requires a report on the blanket petition application process.
Press Release: http://www.grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502
Full Text Of the Bill (initial draft): http://www.grassley.senate.gov/judiciary/upload/Immigration-03-18-13-H-1B-reform-bill-text.pdf
Full Text Of the Bill (official): http://thomas.loc.gov/cgi-bin/query/z?c113:S.600: