Last week, Rep.Darrell Issa (R-CA) proposedthe Protect and Grow American Jobs Act, which has been co-sponsored by CongressmanScott Peters (D-CA). The bill is aimed atH-1B dependent employers.
H-1B dependentemployers are employers whose workforce is comprised of at least 15 percentH-1B workers. The 15 percent rule ismodified for H-1B employers with fewer than 25 employees.
“H-1B dependent employers”must make two additional attestations to the USCIS in order to have an H-1B petitionapproved, above and beyond the usual H-1B requirements and attestations.
The two attestationsaffirm that the employer has (i) taken steps to insure that no US workers arebeing displaced as a result of the H-1B petition and (ii) taken steps torecruit US workers for these positions.
Under current law,H-1B dependent employers are exempt from these two attestations if they agreeto pay the H-1B worker at least $60,000 per year and/or the H-1B worker holdsat least the equivalent of a US master’s degree.
Accordingto his website, Cong. Issa’s bill makes two changes to the law. The bill raises the first exemption to$100,000 per year and eliminates the master’s degree exemption. The full text of the bill has notyet been released.