Immigration Public date: 09.05.2017 23:09:20

23 May 2013

Schumer and Hatch strike breakthrough deal on H-1B visas

The broad bill requires employers filing visa petitions to first offer a job to an "equally qualified" U.S. worker. Hatch s revised amendment number 12 would impose this requirement only on "H-1B-dependent" companies but clarifies the definition of such companies. The underlying bill also bars companies from displacing a U.S. worker within 90 days of filing a visa petition for an H-1B worker. Hatch s amendment number 13 would shield non-H-1B-dependent companies by allowing them to only stipulate that they do not have the intent to displace U.S. workers. The Schumer-Hatch deal accepts the original intent standard for non-H-1B companies but only for STEM (science, technology, engineering and math) positions. For all other professions, there would remain a strict prohibition against displacing workers within 90 days of visa petitions.
The broad bill requires employers filing visa petitions to first offer a job to an "equally qualified" U.S. worker....

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