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US Chamber of Commerce Lobbying Efforts
Skilled Worker Visas
In addition to essential workers, the U.S. economy continues to need access to skilled workers in many sectors. Access to technology, scientific, education, health, and engineering workers, which the United States is not producing in adequate numbers, continues to be a Chamber priority.
Background: H-1B Visas (High-skilled Temporary Workers)
Companies in need of highly skilled workers often recruit workers through the H-1B visa program. The H-1B visa is available to individuals whose services are sought by a U.S. employer in a "specialty occupation." The alien must have at least a bachelor's degree, or the equivalent, and the employer must attest to the Department of Labor that the alien will receive a salary commensurate with the prevailing wage for U.S. workers in the same job category. The H-1B visa is also an important tool for hiring foreign nationals with advanced degrees from U.S. universities. These individuals are generally ineligible for other types of visas.
Congress recently recognized the importance that employers place on recruiting the best graduates of U.S. higher education institutions and included provisions in the Omnibus Appropriations bill that provide relief to the previous H-1B visa cap of 65,000 as well as improve the integrity of the program. Important changes to the category include the creation of a permanent exemption for graduates of masters and Ph.D. programs at U.S. colleges and universities from the H-1B cap, up to 20,000 per year. Additionally, the legislation permanently reinstates both the dependent employer attestations (against laying off U.S. workers and requiring domestic recruitment) and fees to fund education and training programs at the Department of Labor and scholarships at the National Science Foundation (raising it to $1500 for employers with 25 or more employees and reducing it to $700 for employers with 25 or fewer employees).
Further changes include: a new "fraud prevention and detection fee" of $500; the reinstatement and broadening of Department of Labor authority to investigate without a complaint, based on "reasonable cause," but giving employers a safe harbor for technical or procedural failures based on good faith attempts to comply and a 10-day window to correct failures; required payment of 100% of the calculated prevailing wage (this eliminates the 95% rule but requires the Department of Labor to use surveys that include at least 4 levels of wages).
Background: L-1 Visas (Intracompany Transfers)
Congress also made changes to the L-1 visa category for international intra-company transfers. Legislation passed at the end of the 108th Congress dealt with issues regarding the placement of L-1 workers at unaffiliated employers (commonly called "job shops") as labor for hire. The legislation was a partial response to critics of outsourcing, who charged that foreign outsourcing companies were abusing the L-1 visa. More drastic changes to the category —including a cap, labor market tests, and/or prevailing wages— were not adopted.
The U.S. immigration system continues to provide inadequate avenues for employers to access talented workers from around the world. Artificial caps on visas have the effect of driving skilled workers to other countries and to America's competitors, as well as requiring U.S. employers to consider taking projects and work to where the workers are. As the United States continues to fall farther behind in graduating skilled workers in needed disciplines, we are in danger of losing our competitive edge. Restrictions on the L-1 category—a major conduit for foreign investment in the United States that creates millions of jobs (so-called insourcing)— could jeopardize this significant part of our economy.
U.S. Chamber Position
The Chamber will continue to play a leadership role in ensuring that employers in the United States can hire the necessary skilled personnel, managers, and executives to expand their businesses and create more jobs and wealth for the U.S. economy. The Chamber and its allies on the Compete America Coalition have worked hard over the last year to adjust the H-1B cap, including the additional 20,000 H-1B visas for graduates of U.S. schools, and to make sure the L-1 visa remains a viable tool for companies to train their employees. The H-1B program is important to U.S. economic competitiveness and technological leadership. Artificial caps on the category hurt U.S. competitiveness, allowing other countries to hire these talented individuals or forcing U.S. companies to locate projects where key personnel are based. The Chamber will continue to work hard to ensure that employers are able to attract and retain the skilled workforce that they need to compete in today's market.
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