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Immigration Reform Bill (Part 5): H-1B Recruiting Requirements

Posted by Ann Badmus | May 14, 2013 | 0 Comments

In order to prevent H-1B workers from undercutting the wages paid to American workers, the new immigration reform bill seeks to require employers to pay significantly higher wages for H-1B workers than what is required under current law (and to first advertise the jobs to American workers at this higher wage before hiring an H-1B worker). In the interests of continuing to ensure that American workers are recruited prior to hiring H-1B non-immigrants, the new immigration reform bill will require the Secretary of Labor to establish a searchable website for posting H-1B positions. The site must be operational and online within 90 days of the passage of the new law. Employers will be required to post a detailed job opening on the Department of Labor's website for at least 30 calendar days before hiring an H-1B applicant to fill the position. Employers will be barred from recruiting or giving preference to H-1B or OPT workers over American workers.

The new immigration reform bill also seeks to provide spouses of H-1B workers with work authorization if the sending country of the worker provides reciprocal treatment to spouses of U.S. workers.

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Ann Badmus

Principal and Managing Attorney


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