H.R. 2849/S. 1452--JOHNSON-DODD
USA Jobs Protection Act of 2003

H1-B Visa Program

• Protect American Workers
• Employers must attest to the Department of Labor (DoL) that "good faith" steps have been taken to hire American workers.
• Bars replacement of striking employees with H-1Bs.
• Bars employers from program if American workers are laid off six months before or after H-1B hire.

• Protect American Wages
• Requires all H-1Bs be paid prevailing domestic wage, including currently exempt companies with less than 15 percent H-1B workers.

• Protect American Workers
• Clear, enforceable definition of "good faith" efforts.
• Bar third party "body shop" abuses.
• Foreign worker "layoff first" policy.

• Protect American Wages
• Prevailing wage assessment standard to prevent erosion due to growing use of H-1Bs.
• Limitation on employer tax deductibility of compensation and recruitment expenses.

• Program Reforms
• Repeal exemption of university, non-profit, and government employers from annual caps.
• Limits on visa renewals.
• Re-attestation requirement for employers with each visa renewal.
• Bar visa extensions beyond the six-year limit.
• Increase employer fees to discourage abuses.
• Requirement that employers of H-1Bs pay school districts "out-of-district" costs for H-1B workers/dependents attending public schools.

• Protect American Workers
• Employers must attest to DoL that "good faith" steps have been taken to hire American workers.
• Bars third party "body shops" abuses.
• Bars employers from L-1 program if Americans are laid off six months before or after L-1 visa hire.

• Protect American Wages
• Requires employers to pay L-1 workers prevailing domestic wage.

• Program Reforms
• Increases from one to two years of last three that L-1s must have been employed by the L-1 employer.
• Reduces time an "executive" L-1A may remain in country from seven to five years.
• Reduces time a "special skills" L-1B may remain in country from five to three years.
• Provides new "probable cause" authority for DoL to investigate employer abuses.
• Provides new DoL authority to verify employer-provided L-1 employee information

• Protect American Workers
• Repeal of much-abused "special skills" L-1B category.

• Protect American Wages
• Limitation on employer tax deductibility of compensation and recruitment expenses.
• Prevailing wage standards to prevent erosion due to growing use of H-1Bs.

• Program Reforms
• Requirement that employers of H-1Bs pay school districts "out-of-district" costs for temporary workers/dependents attending public schools.

• Repeals H-1B program in its entirety.

• Does not address L-1 provisions.

• Does not address H-1B provisions.

• Protect American Workers
• Bans blanket petitions for L-1 workers.
• Bars employers from program if American workers are laid off six months before or after L-1 visa hire.
• Bars third party "body shop" abuses.
• Caps L-1s at 35,000 per year.

• Protect American Wages
• Requires payment of prevailing domestic wage, better defines prevailing domestic wage.
• Requires employers of L-1s to pay same benefits available to American workers.

• Program Reforms
• Imposes same $1,000 fee as H-1B program.
• Requires all L-1s to have minimum bachelors degree.
• Increases from one to two years of last three that L-1s must have been employed by the L-1 employer.
• Provides new DoL authority to conduct ongoing surveys of employer compliance.
• Provides new DoL authority to impose administrative penalties.

• Protect American Workers
• Repeal of much-abused "special skills" L-1B category.

• Protect American Wages
• Limitation on employer tax deductibility of compensation and recruitment expenses.

• Program Reforms
• Requirement that employers of H-1Bs pay school districts "out-of-district" costs for temporary workers/dependents attending public schools.

• Does not address H-1B provisions.

• Protect American Workers
• Bar to third party "body shop" abuses.

• Does not address H-1B provisions.

• Protect American Workers
• Bar to third party "body shop" abuses.

• Require all H-1B employers to make same attestation regarding non-layoffs (current law applies only to H-1B employers whose work force consists of 15 percent or more of H-1Bs).


• Require all H-1B employers to complete same labor market test as employers sponsoring an immigrant outside of H-1B or L-1 programs.


• Require H-1B and L-1 employers to pay a premium for each H-1B or L-1 employee (perhaps 10 percent of H-1B's annual wages and/or limit deductibility of employer compensation and recruiting expenses of L-1s).


• Limit H-1B renewals by allowing two two-year renewals instead of current single three-year renewal.


• Require H-1B employers to complete re-attestation of unavailability of American workers prior to renewal.


• Eliminate extensions of status beyond the six-year limit.


• Maintain the 65,000 annual ceiling.


• Eliminate the current exemption from the H-1B ceiling for university, non-profit, and government employers.


• Require H-1B and L-1 "layoff first" policy to protect American workers.


• Require H-1B and L-1 employers to pay the school district the equivalent of out-of-district student costs for employees and dependents attending public schools.


• Repeal L-1B "special skills" category, leaving only the category for managerial and executive personnel.