News & Updates

Comprehensive Immigration Reform Bill and Its H-1B Provisions

2014-08-20
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The CIR bill was introduced in the Senate yesterday, if the bill passes in its current version it will kill the IT Consulting Business Model. Some of the important elements of the bill that need to be opposed are as follows:

OUTPLACEMENT PROVISION

H-1B dependent employees may not place employees at 3rd party sites. Non H-1B dependent employees may do so by paying a $500 fee. You are H-1B dependent if you meet the following criteria:

  • 25 or fewer employees then if at least 7 of them are on H-1B
  • 26-50 employees and at least 12 are on H-1B
  • 51 or more employees and at least 15% are on H-1B

The only loop hole to this is that persons who are Intending Immigrants are not to be included when counting the number of H-1B employees. Therefore a person who has a Labor Certification pending for at least 365 days or has an I-140 pending or approved is not to be counted.

BAN ON LARGER COMPANIES FILING NEW H-1B PETITIONS IF THEY HAVE 50 OR MORE EMPLOYEES AND 50% OF THE EMPLOYEES ARE ON H-1B OR OPT

Again the only loop hole in this law is that Intending Immigrants are not to be counted as H-1B employees. Also Educational Institutes and Research Institutes are not to be included.

INCREASE IN FILING FEE FOR H-1B DEPENDENT EMPLOYEES

Companies having 50 or more employees with 30% or more employees on H-1B have to pay a $5,000 fee and companies who have 50% or more employees on H-1B have to pay a fee of $10,000 or more.

KINDLY OPPOSE SENATOR DURBIN'S PROPOSAL OF RESTRICTING "OUTPLACEMENT" PROVISION AND THE OTHER PROVISIONS MENTIONED ABOVE. EMAIL OR WRITE TO SENATOR DURBIN (FROM ILLINOIS), SENATOR MC CAIN AND THE OTHER SENATORS (GANG OF 8) INVOLVED IN THE PROCESS. I HAVE ATTACHED A SAMPLE TEXT TO BE SENT TO THE SENATORS FOR ANYONE WHO CHOOSES TO USE IT.

We will be sending more updates as we receive them.

SAMPLE LETTER TO BE SENT TO SENATORS.docx (12.67 kb)

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