Actually its not a H-1B Visa reform at all!!
VISA STAMPING CAN BE DONE WITHIN USA AND WAGES CANNOT BE BELOW LEVEL 2
- Employee retains his H-1B status for the period of 60 days after his termination from employment
- Visa stamping can be done from inside United States itself
- Visa interview waiver for low risk travelers
- H-1B wages cannot be lesser than level 2 wages (also Prevailing wages will have only three levels)
- H-1B Job posting must be made in DOL’s website for at least 30 calendar days.
OUTPLACEMENT
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
- Healthcare, etc.
- 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.
- 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—
- for a covered employer, an approved application for a labor certification or an application that has been pending for longer than 1 year; or
- 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).
ANNUAL AUDITS
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.
OPPORTUNITY TO PARTICIPATE IN
INSURANCES ARE MANDATORY
- It is a violation of this clause for an employer who has filed an application under this subsection—
- 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
- 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:
Crossing the border into America is always a twilight zone experience.
US Waiver For Canadians
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