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Chris Musillo on Nurse and Allied Health Immigration

ISSA OFFERS H-1B BILL AIMED AT H-1B DEPENDENT EMPLOYERS

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by Chris Musillo

Last week, Rep. Darrell Issa (R-CA) proposed the Protect and Grow American Jobs Act, which has been co-sponsored by Congressman Scott Peters (D-CA). The bill is aimed at H-1B dependent employers.

H-1B dependent employers are employers whose workforce is comprised of at least 15 percent H-1B workers. The 15 percent rule is modified for H-1B employers with fewer than 25 employees.

“H-1B dependent employers” must make two additional attestations to the USCIS in order to have an H-1B petition approved, above and beyond the usual H-1B requirements and attestations.

The two attestations affirm that the employer has (i) taken steps to insure that no US workers are being displaced as a result of the H-1B petition and (ii) taken steps to recruit US workers for these positions.

Under current law, H-1B dependent employers are exempt from these two attestations if they agree to pay the H-1B worker at least $60,000 per year and/or the H-1B worker holds at least the equivalent of a US master’s degree.

According to his website, Cong. Issa’s bill makes two changes to the law. The bill raises the first exemption to $100,000 per year and eliminates the master’s degree exemption. The full text of the bill has not yet been released.


Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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Comments

  1. ImmigrationLawBlogs's Avatar
    Is this merely some tweaking in the H-1B law, or is it a small step toward taking America back toward the ultimate goal of reinstating the Northern-European whites only immigration policies of the 1920's?

    With the upcoming Trump administration, no one can tell, and that is what makes the picture so disturbing.

    Roger Algase
    Attorney at Law
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