ACIP and SHRM Sign Letter to Ask for L-1 and H-1B Improvements to Senate bill (S. 744)

5/13/2013
Other Updates

​​Today, ACIP and our affiliate, the Society for Human Resource Management (SHRM), signed onto a letter supported by a number of national, state and local organizations calling for amendments to the Border Security, Economic Opportunity, and Immigration Modernization Act’s (S. 744) H-1B and L-1 visa provisions. The letter was sent up in anticipation of tomorrow’s Senate markup which will address these provisions in the coming days, and as early as tomorrow.

Specifically, the letter was sent to the Senate Judiciary Committee and urges those Senators to support a number of amendments to the bill from Senator Hatch (R-UT) that would work to improve the H-1B and L-1 provisions.

In particular, the letter supports key amendments offered by Senator Hatch that would improve provisions in the bill that currently:

  • Place a (virtual) ban on L-1 outplacement to client sites on employers;
  • Require an employer to advertise a job on a DOL website for 30 days while attesting under threat of legal penalty there are no “equally (or better) qualified” U.S. workers;
  • Require an employer to attest that 90 days before and after the filing of a labor condition application that an employer has not and will not displace a U.S. worker in an “essentially equivalent” position;
  • Provide an unpredictable market adjustment mechanism formula to increase (or decrease) the H-1B cap;
  • Provide H-4 work authorization only to spouses from countries that provide reciprocal treatment to the spouses of American workers residing in those countries.

ACIP will be watching and following the markup of the bill tomorrow and in the week to come regarding any amendments to these provisions and will keep you up-to-date.

You can watch the markup of Title IV (Reforms to Nonimmigrant Programs) of S. 744 tomorrow on the Senate Judiciary Committee website beginning at 10am ET.​