New Proposed Changes to H-1B, L-1 Visa Programmes Amidst USCIS Crackdown

We are set to witness further changes to the H-1B and L-1 worker visa programmes as the United State Lawmakers have come up with a fresh set of revisions last Monday. Three senators have joined forces to introduce two separate pieces of legislation to eliminate loopholes used by immigrant employees.

Two of the most prominent republican and democrats on the Senate Judiciary Committee, respectively Chuck Grassley from Iowa and Dick Durbin from Illinois, have tabled a bill to eliminate the loopholes in these two visa programmes. This bill proposes to raise wage and hiring standards and as well as narrow the overall visa eligibility among others.

As a leading mentor for EB1 category for Green Card, we always stay updated on all the latest news & updates in the employment-based visa programmes. Here is our complete breakdown of the bill and updates about a fresh USCIS crackdown on immigration-related frauds.

What do we know about the bill?

The bill came as a joint effort of the two of the most prominent republican and democrat senators. In the context of the bill, Grassley commented, "Congress created the H-1B and L-1 visa programs as limited pathways for businesses to acquire top talent when it can't be found at home. But over the years, many employers have used them to cut out American workers in favour of cheap foreign labour.”

Likewise, Durbin also touched on how major companies indulge in the practice of laying off thousands of American workers while filing visa petitions for foreign employees at a lower wages. He added, “Congress must step in to protect American workers and fix our broken immigration system.”

Both these comments suggest the bill is going to put a heavier bar on granting foreign workers entry. The underlying logic has been said to be for acquiring the ‘Best talents’ to enrich the soil of America.

The proposed bill also shares many tropes with a legislation first proposed in 2007 when it was collaboratively ideated and backed by Tommy Tuberville, Richard Blumenthal, and last but not the least, Bernie Sanders among others.

On the other hand, yet another republican, namely Tom Cotton has also presented yet another legislation forbidding universities, research institutions and non-profit schemes to hire foreign workers indiscriminately.

The proposed bill in the broader framework

The bill came in the backdrop of the latest proposal by Trump that imposes a $100,000 annual fee on the H-1B visa programme. The Trump administration has also proposed to replace the lottery-based system with a structure that clearly highlights a wage-based hierarchy.

The L-1 visa allows the companies to move the existing employees from overseas offices to the U.S. Several stakeholders of the Trump Administration have also voiced concern over companies exploiting the loopholes of this visa program.

Twin shield immigration fraud crackdown

In a recent update, Federal officials have revealed information of arrests made in connection with a sweeping immigration fraud operation in the Twin Cities area under the codename Operation Twin Shield. This crackdown has begun on Sept. 19 and its main targets are schemes involving marriage fraud, visa overstays, and misuse of visa categories.

The current USCIS director Joseph Edlow has disclosed that investigators have run checks in around 1000 site visits as part of the operation. They have also flagged 275 cases for frauds, identity manipulation or other national security concerns. Most of these cases usually revolve around the misuse of the H-1B and F-1 visa programs.

The H-1B and F-1 visa landscape is now receiving one blow after another. If you want to secure and future-proof your career in the U.S., it is time to think long-term and establish your career on a secure foothold. This is precisely why we encourage all the industry experts to explore the EB1 category for Green card. On our website, you can check your EB1 green card eligibility for free. Regarding employment-based visa categories and more tailored mentorship, get in touch with us today.