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Chris Musillo on Nurse and Allied Health Immigration

GRASSLEY, DURBIN REINTRODUCE H-1B BILL

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by Chris Musillo

Sens. Grassley (R-IA) and Durbin (D-IL) have reintroduced their H-1B bill. They have introduced a version of this bill for the last several Congressional sessions. The last version of the bill only attracted 5 co-sponsors, and never had any significant traction in Congress. This term, competing and related House bills have been offered by Rep. Issa and Rep. Lofgren.

It remains unclear how this one differs, if at all, from the last versions, since the text of the bill has not yet been released. The last version of the bill included several significant changes to the H-1B process. That bill creates a preference system for the H-1B lottery, which prioritized H-1B workers in this order:


  • Masters (or greater) degree in STEM from a US university
  • Companies who offer a Level 4 wage for that H-1B worker
  • Masters (or greater) degree in any other major from a US university
  • Companies who offer a Level 3 wage for that H-1B worker
  • Bachelor’s degree in STEM from a US university
  • Bachelor’s degree in any other major from a US university
  • Schedule A occupation
  • Good corporate citizens


Other components of the bill included:


  • H-1Bs must pay at least a level 2 wage for all H-1Bs
  • Require a posting on USA jobs.gov for 30 days prior to filing an H-1B
  • Employer must certify that no US worker has been displaced and that the employer has attempted to recruit US workers
  • 50/50 employers are barred from the H-1B process
  • H-1B limited to 3 years, unless the H-1B worker has an approved I-140
  • Additional burden for employers who place workers at third-party worksites.
  • Increased investigative power for DOL
  • Changes to the L-1 program


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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