Proposed Changes to the H-1B Program: Senate Bill 744

In June, as part of comprehensive immigration reform, the Senate passed a bill changing the current H-1B visa program. The changes will make more H-1B visas available per year, but will add employer recruitment, wage, and other requirements for access to these visas.

The current yearly cap on H-1B visas is 65,000 visas with an additional 20,000 visas set aside for foreign nationals with Master’s Degrees from U.S. schools. The Senate Bill increases this cap to 115,000 visas for the first year following this change in law, and creates the ability to later adjust this cap based on employer demand and unemployment data. The bill sets a maximum annual cap of 180,000 and dictates that the annual cap cannot fall below 115,000. The Senate proposes increasing the additional 20,000 visas set aside for foreign nationals with Master’s Degrees to 25,000, but limits these additional visas to foreign nationals with STEM Master’s Degrees from U.S. schools. This is a dramatic increase in H-1B visas, and recognizes employer demand for high-skilled foreign workers, but this increase comes at a greater price for employers demanding these visas.

This new Senate Bill narrows the range of required wages for H-1B workers, and U.S. employers will need to pay higher wages to their H-1B workers than under the current H-1B program. Before obtaining H-1B visas for foreign workers, U.S. employers will have to place job advertisements and perform good faith recruitment efforts. U.S. employers cannot intentionally displace U.S. workers in hiring foreign nationals, and must attest that they will not displace U.S. workers when hiring foreign professionals. The bill adds new requirements for H-1B employers who place H-1B workers offsite at other employer’s locations, including a fee to place these H-1B workers offsite.

H-1B dependent employers have additional requirements under this bill:

• H-1B dependent employers (15% or more of workforce H-1B or L-1 visa holders) cannot place H-1B workers at offsite work locations.
• H-1B dependent employers (30% to 50% of workforce H-1B or L-1 visa holders) must pay extra fees for H-1B petitions, and cannot place workers offsite.
• H-1B dependent employers (50% or more of workforce H-1B or L-1 visa holders) must pay extra fees for H-1B petitions, cannot place workers offsite, and cannot obtain H-1B visas if more than 75% of their workforce is on H-1B or L-1 visas.

The bill creates an incentive for U.S. employers to sponsor their foreign workers for green cards by not counting certain H-1B or L-1 workers in these companies when determining dependent status.

In conclusion, H-1B employers will have to pay more for their visas if Senate Bill 744 becomes law, and H-1B dependent employers will pay much more and have more restrictions on hiring and transferring foreign workers to offsite locations. These added burdens are the cost of having more visas available, but these added requirements will be worth it for companies willing to pay for these specialized foreign workers.

The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 17, 2021,
(Translated by Google) Highly recommended. Thanks for everything. (Original) Muy recomendado. Graci...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 10, 2021,
(Translated by Google) My experience is one of total satisfaction, a great team of professionals, at...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 7, 2021,
(Translated by Google) They are VERY GOOD immigration attorneys. We have had a professional experien...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Aug 25, 2021,
(Translated by Google) Good attention, professionalism, good price (the good costs) also very access...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Aug 1, 2021,
Cómo contribuir para cuidar el agua. No entiendo porque sigan publicando el panorama obsesivo compu...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jul 14, 2021,
(Translated by Google) Excellent Service and Follow-up, If you need advice on immigration issues, th...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jun 3, 2021,
Mr. Lozano is extremely kind, professional, and more importantly HUMAN! I was very anxious and conce...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
May 25, 2021,
Law Firm Owner Alfredo Lozano and I have been in different Professional Workshops together over the ...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Feb 13, 2021,
The Lozano Law Firm is a great resource for anyone with immigration needs. They were professional, q...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 30, 2020,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jun 23, 2020,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jun 1, 2020,
Alfredo and his staff’s services are unmatched. Friendly team, knowledgeable attorney, and dedicated...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 28, 2020,
muy buen abogado de inmigration, y todo su despacho muy amables, y muy buena informacion!!! lo recom...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 28, 2020,
(Translated by Google) Mr. Lozano is an amazing lawyer. He's so intelligent and caring. I can't than...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 24, 2020,
Fue mi abogado q me ayudó con el caso de mi esposo, se los recomiendo es un buen abogado de inmigrac...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 3, 2020,
Great customer service and are willing to help right away!
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Feb 22, 2020,
I had a very good experience with this lawyer. I am rating it a 5 star rating, only for the outcome ...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Feb 19, 2020,
I would like to thank the Lazano Law Firm for handling my wife's case. Everything went very well for...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jan 25, 2020,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jan 24, 2020,
Janethe Mata es la mejor, siempre me hizo sentir confianza.Todo muy bien buen servicio y atención gr...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jan 24, 2020,
(Translated by Google) Excellent, work is inesplicable everything they did for me ... my most sincer...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Dec 18, 2019,
Es un Abogado Recto y Formal Considerado y Justo, te Dice si oh no, no te tiene Dando Vueltas, Bendi...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Nov 17, 2019,
Was one of the best experiences working in this company! The staff was super friendly and always nic...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Nov 15, 2019,
All experience is good with this law firm. My case is marriage-based green card after 3 years marria...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Oct 30, 2019,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Oct 25, 2019,
(Translated by Google) Alfredo and his team are really the best when it comes to immigration issues....
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 30, 2019,
Best Immigration Attorney, Always on top of my case, really helpful and patient with all my question...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 3, 2019,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Aug 25, 2019,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jul 28, 2019,
(Translated by Google) He is a good lawyer my case was lost and now I have a chance to have a better...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Scroll to Top