From my archive of press clippings:Business WeekH1B Visa Law: Trying AgainApril 24, 2009, 12:01AM ESTSenators Dick Durbin and Charles Grassley plan to reintroduce legislation aimed at curbing abuses of the H-1B visa program
By Moira Herbst
Two U.S. senators are reintroducing legislation aimed at revamping the H-1B visa program for guest workers in the U.S., at a time of rising unemployment and growing evidence that the program has been marred by fraud. Senators Dick Durbin (D-Ill.) and Charles Grassley (R-Iowa) hope that the bill, "The H-1B and L-1 Visa Fraud & Prevention Act of 2009," has a better chance of passing now than when they originally introduced it in 2007.
Snippet(s):
"The bill would not reduce the number of H-1B visas—now 85,000 per year—but contains provisions to increase oversight and enforcement and discourage outsourcing of H-1B visa holders. It also requires all employers seeking to hire an H-1B visa holder to pledge that they have made a "good faith" effort to hire American workers first, and that the H-1B visa holder will not displace an American worker. Under current law, only heavy users of the program must make such a pledge."
"Microsoft came under fire in January when it announced it would lay off 5,000 workers while continuing to seek H-1B visas. On the company's first-quarter earnings call on Apr. 23, Microsoft Chief Financial Officer Chris Liddell said the company wants to add 2,000 to 3,000 new jobs in "higher growth" areas over the next 18 months. He said Microsoft's overall applications for H-1B visas are down about 20% and new-hire visas down 40% from last year."
"The introduction of the bill comes as concern has spread about the H-1B program's susceptibility to fraud. In October, the U.S. Citizenship & Immigration Services released a report stating that 13% of H-1B visa applications are fraudulent and another 7% contain some form of technical violations."
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(page 2 of 2)"The new bill calls for the Labor Dept. to conduct random audits of at least 1% of companies using the H-1B program, and would require the agency to conduct annual audits of companies with more than 100 employees that have 15% or more of those workers on H-1B visas. The bill also authorizes 200 additional Labor Dept. employees to administer, oversee, investigate, and enforce guest worker programs such as H-1B. The bill would also require that employers advertise a job opening for 30 days on a Labor Dept. Web site before seeking a visa for such a position. It would also forbid employers from advertising a job as available only for H-1B visa holders."&"The bill also includes a number of changes to the L-1 visa program, which is used for intracompany transfers of employees for up to seven years. It would establish for the first time a process for Labor Dept. officials to investigate, audit, and penalize L-1 visa abuses."_____Herbst is a reporter for BusinessWeek in New York.