Bipartisan Legislation Introduced to Reform H-1B and L-1 Visa Program

Washington, D.C. – Legislation was introduced last week in the Senate to reform the H-1B and L-1 visa program by building in real safeguards for U.S. workers and ensuring that workers are paid the same wages for the same work.

Senators Chuck Grassley (R-Iowa) and Sherrod Brown (D-Ohio) introduced the H-1B and L-1 Visa Reform Act of 2013. The bill sets new requirements for employers to show that they have tried to hire U.S. workers first, sets a formula for determining the prevailing wage that must be paid to H-1B visa employees, prohibits employers from outsourcing their visa workers to other companies, among other needed reforms.

“Reform of the H-1B and L-1 visa program is long overdue. The current system has too many loopholes that allow employers to bypass U.S. applicants, pay visa employees lower than the prevailing wage and not follow annual reporting requirements. Oversight of this program also must be strengthened. Employers are looking to expand the number of H-1B visas as part of comprehensive immigration reform. This reform, which must include a path to citizenship for 11 million immigrants, also must improve conditions for all workers, both immigrant and nonimmigrant, affected by the H-1B and L-1 visa program,” said George Kohl, CWA senior director for policy and legislation.

“Somewhere along the line, the H-1B program got side-tracked.  The program was never meant to replace qualified American workers, but it was instead intended as a means to fill gaps in highly specialized areas of employment.  When times are tough, like they are now, it’s especially important that Americans get every consideration before an employer looks to hire from abroad,” Grassley said.  “The legislation will benefit the American worker, while still ensuring that U.S. companies get the specialized workers they need.”

In 2003, the Government Accountability Office found that some employers “hired H-1B workers in part because these workers would often accept lower salaries than similarly qualified U.S. workers.” In 2011, GAO determined that the program lacked sufficient controls to ensure that employers are abiding by the rules. 

Enforcement and oversight of the program continues to be insufficient, according to a study by the Economic Policy Institute.

Contact: Candice Johnson or Chuck Porcari, CWA Communications, 202-434-1168,
cjohnson@cwa-union.org and cporcari@cwa-union.org