News- Immigration Reform– Green Cards MS Technical Degrees, H1B, L1 rules
Immigration reform draft was published on April 30th, there are so many things that the proposed 26 page immigration reform draft addresses. Something that caught my attention regarding MS students and how America wants to retain the talent in United states after successful completion of advanced degrees. They want to make sure the student is Bona fide and not just doing advanced degree to get MS. This bill draft comes at the same time where the inflow of nonimmigrant students is very high in recession. Here is they key piece of info from draft.
“A green card will be immediately available to foreign students with an advanced degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics, and who possess an offer of employment from a United States employer in a field related to their degree. Foreign students will be permitted to enter the United States with immigrant intent if they are a bona fide student so long as they pursue a full course of study at an institution of higher education in a field of science, technology, engineering or mathematics.”
H1B Summary in the Draft by Reid-Schumer-Menendez
Also, the bill tries to address some of the abuses of H1B visa holders too by giving more conditions or guidelines. Below is taken as it is from Draft :
(1) revise wage determination requirements;
(2) require Internet posting and description of employment positions;
(3) lengthen U.S. worker displacement protection:
(4) apply certain requirements to all H-1B employers rather than only to H-1B dependent employers;
(5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and
(6) limit the number of H-1B and L-1 employees that an employer of 50 or more workers in the United States may hire.
L1 visa holders Info in Draft
Also, some of the conditions for L1 visa holders are listed below. Below is taken as it is from Draft.
For L-1 visas, the proposal prohibits, with a specified waiver by the Secretary of Homeland Security, an employer from hiring an L-1 nonimmigrant for more than one year who will: (1) serve in a capacity involving specialized knowledge; and (2) be stationed primarily at the worksite of an employer other than the petitioning employer. The proposal also specifies L-1: (1) employer petition requirements for employment at a new office; (2) wage rates and working conditions; and (3) employer penalties. DHS will be authorized to initiate investigations of L-1 employers suspected of being non-compliant with the law. DHS shall also report to Congress regarding the L-1 blanket petition process.
It will be interesting to see how this will turn out. You may read the below articles for full information. Check pages 18 – 22 of original Draft.
- Original Draft : Conceptual Proposal for Immigration Reform 2010 by Reid-Schumer-Menendez
- Real Enforcement with Practical Answers for Immigration Reform (REPAIR) Proposal AILA Summary
Reference News Articles :
- Fox Business News : Senate Dems aim to staple Green Cards to tech diplomas
- Computer World News : Greenspan: H-1B cap would make U.S. workers ‘privileged elite’
- Yahoo News : US Degree may Become Passport to Green Cards
- Computer World News : H-1B bill seeks to ‘staple’ green cards to Ph.D.s
Image Credits : http://www.flickr.com/photos/athena/325752626/