Skip to main content

What Is The Fairness for High-Skilled Immigrants Act of 2017?

The Fairness for High-Skilled Immigrants Act of 2017 (H.R.392) was introduced by Congressman Jason Chaffetz (R-UT) on Jan. 10, 2017. The bill proposes several amendments to the Immigration and Nationality Act that would have profound impacts on U.S. employment visa regulations.


If passed, H.R.392 would eliminate the per-country cap on the number of employment-based immigrants, and it would increase the per-country cap for family-based immigrants from 7 percent to 15 percent of the total number of family-sponsored visas. Further, the bill would amend The Chinese Student Protection Act of 1992 to remove the provision that requires the reduction of yearly Chinese immigrant visas to offset adjustments of status under the Act.

H.R.392 is just one of several bills that have been introduced to Congress that would reform U.S. employment visa laws. If you own or manage a business that hires immigrants through the H-1B or L-1 visa program, it is critical that you learn how the proposed legislation could affect your company.

Several federal agencies, including the Department of Justice and U.S. Citizenship and Immigration Services, recently issued warnings to companies that abuse the H-1B or L-1 program and those that commit fraud. The DoJ has stated that it will vigorously prosecute violators who are not compliant with U.S. immigration laws.

If you need help navigating U.S. employment visa laws and ensuring that your company is compliant, contact Kuck Immigration Partners. Charles Kuck is the past President of the Alliance of Business Immigration Lawyers. He has the knowledge, experience, and resources to answer your questions and help you avoid accusations of fraud or abuse of the H-1B or L-1 visa program. Call 404-816-8611 today to schedule a consultation with an employment visa lawyer in Atlanta.

What Is The H-1B and L-1 Visa Reform Act of 2017?

The H-1B and L-1 Visa Reform Act of 2017 (S.180) proposes amendments to the Immigration and Nationality Act concerning the H-1B and L-1 visa categories. If passed, the bill would prevent U.S. companies from replacing American workers with H-1B or L-1 visa holders. Also, large companies with at least 50 employees, half of whom are L-1 or H-1B visa holders, could not hire more workers through the H-1B visa program.

The bill would eliminate the green card lottery system and give visa priority to foreign students who received their education in the United States. It would also require all H-1B visa holders to complete a U.S. degree as a qualification for "specialty occupation" eligibility.

The bill would reduce the six-year period of authorized admission for H-1B non-immigrants to three years, with an option to extend the admission period for three years under certain circumstances. S.180 would also expand the Department of Labor’s authority to audit employers who sponsor L-1 and H-1B visas.

Although these bills have not yet been signed into law, it seems that U.S. employment visa reform is inevitable. Companies that hire immigrants through the L-1 or H-1B program would be wise to plan ahead so they can remain compliant and avoid accusations of fraud and abuse of employment visa programs.

If you need legal assistance with an employment visa matter, contact Kuck Immigration Partners. Charles Kuck has more than 26 years of experience as an immigration attorney, and he has the knowledge and resources to help you navigate U.S. immigration laws. Call 404-816-8611 to schedule a consultation with an immigration attorney in Atlanta.


Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…