The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013

Actually its not a H-1B Visa reform at all!!


  1. Employee retains his H-1B status for the period of 60 days after his termination from employment
  2. Visa stamping can be done from inside United States itself 
  3. Visa interview waiver for low risk travelers
  4. H-1B wages cannot be lesser than level 2 wages (also Prevailing wages will have only three levels)
  5. H-1B Job posting must be made in DOL’s website for at least 30 calendar days.
An H-1B dependent employer may not place, outsource, lease or otherwise contract for the services or placement of an H-1B nonimmigrant employee.
H-1B Dependent employer means
  1. Healthcare, etc.
  2. In the case of an employer that has at least 51 full-time equivalent employees who are employed in the United States, employs H-1B non-immigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
In determining the number of employees who are H–1B nonimmigrants under subparagraph (A)(ii), an intending immigrant employee shall not count toward such number.

  1. The term ‘intending immigrant means, with respect to the number of aliens employed by an employer, an alien who intends to work and reside permanently in the United States, as evidenced by—
  2. for a covered employer, an approved application for a labor certification or an application that has been pending for longer than 1 year; or 
  3.  A pending or approved immigrant status petition filed for such alien.

In this paragraph:
The term ‘covered employer’ means an employer of an alien that, during the 1-year period ending on the date the employer files an application for the labor certification for such alien, has filed an immigrant status petition for not less than 90 percent of the aliens for whom the employer filed an application for a labor certification during such period. Labor certification applications that have been pending for longer than 1 year may be treated for this calculation as if the employer filed an immigrant status petition 10 ‘‘(ii) The term ‘labor certification’ means an employment certification under section 212(a)(5)(A).

Conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause.


  1. It is a violation of this clause for an employer who has filed an application under this subsection—
  2. to require an H–1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursuant to relevant State law); and
  3. to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to similarly situated United States workers, benefits and eligibility for benefits, including—a.       the opportunity to participate in health, life, disability, and other insurance plans; 
    b.      the opportunity to participate in retirement and savings plans; and 
    c.       Cash bonuses and noncash compensation, such as stock options (whether or not based on performance).

The full text can be read here

1 comment:

US Waivers Pardon said...

Crossing the border into America is always a twilight zone experience.

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