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Senators Cruz and Sessions propose H-1B reform legislation

December 11, 2015

US Sens. Ted Cruz (R-Texas) and Jeff Sessions (R-Ala.) on Thursday introduced the American Jobs First Act of 2015 (S. 2394), which would require  a minimum wage of $110,000 for H-1B workers and eliminate the  Optional Practical Training Program.

Key highlights of the proposed bill include:

  • Requiring H-1B employers who seek H-1B visas under the program to commit to paying the foreign workers they recruit either what an American worker who did identical or similar work made two years prior to the recruiting effort, or $110,000, whichever is higher.
  • Establishing a “layoff cool-off” period of two years (730 days), which would prevent an employer from bringing on an H-1B visa-based foreign worker within two years of an employee strike, an employer lockout, layoffs, furloughs, or other types of involuntary employee terminations other than for-cause dismissals.
  • Strengthening internal (company) and external (public domain) transparency requirements, in order to ensure that both company employees and the job-seeking public are aware of the company’s H-1B visa application and potential job opportunities at the company.
  • Requiring increased H-1B visa application transparency on the part of the Department of Labor, with real-time online updating of companies’ H-1B visa application submissions, the publication of certain application information (including the identities of the companies and employees who have submitted the applications), and additional reporting to Congress about program abusers.
  • Preventing continued use of the non-statute-based “Optional Practical Training” program, and the creation and use of other similar programs, which have also been used to displace American workers under the guise of student training.

The proposed legislation is available online.