On September 29, Senators Chuck Grassley (R-Iowa) and Dick Durbin (D-Ill.) reintroduced the bipartisan H-1B and L-1 Visa Reforms Bill in the U.S. Senate. This proposal seeks to tighten oversight of employment-based visa programs by introducing new compliance measures and updating wage, duration, and eligibility requirements.
While the bill aims to prevent misuse of visa programs and strengthen protections for American and foreign workers, it could also have wide-ranging effects on U.S. employers—particularly those in the technology, healthcare, and research sectors who rely on skilled global talent.
Key H-1B Changes Proposed
If passed, the bill would make several significant changes to the H-1B visa program, including:
1. Reduced Maximum Stay:
The current six-year limit for H-1B workers could be shortened to three years. To remain beyond that period, workers would need to secure I-140 immigrant petition approval within the initial three years—a challenge given existing processing backlogs at U.S. Citizenship and Immigration Services (USCIS).
2. Elimination of Entry-Level Positions:
Employers would be required to pay H-1B employees at or above Prevailing Wage Level II, effectively removing entry-level positions (Wage Level I) from eligibility. This measure could make it harder for recent graduates and early-career professionals—especially in STEM fields—to enter the U.S. labor market.
3. Narrower Definition of “Specialty Occupation”:
Eligibility would become stricter, eliminating the use of experience-based degree equivalencies. Applicants would need a fully conferred bachelor’s degree or higher, rather than a pending or partially equivalent qualification.
4. Stricter Labor Condition Application (LCA) Rules:
Employers would face additional requirements before submitting LCAs to the Department of Labor (DOL), such as:
- Paying a new administrative fee to fund compliance enforcement.
- Publicly posting job openings on a DOL website.
- Demonstrating good-faith recruitment efforts and adherence to wage requirements.
New Weighted Selection System
The proposed H-1B Cap Lottery system would move away from a random selection process to a weighted system prioritizing:
- Higher wages;
- Advanced U.S. STEM degrees; and
- Employers with a strong record of immigration law compliance.
While the intent is to attract top-tier talent, critics note it could limit opportunities for qualified but less experienced candidates.
If enacted, these reforms would represent one of the most comprehensive overhauls to employment-based immigration in recent years.
Employers may need to adapt hiring strategies, prioritize earlier green card sponsorship, and ensure strict compliance with new wage and documentation rules.
At Zhang-Louie PLLC, we closely monitor developments like this that could impact employers, foreign professionals, and students seeking long-term opportunities in the United States. Our team provides strategic guidance to help clients remain compliant with federal labor standards and navigate alternative pathways such as the O-1 visa for individuals with extraordinary ability or the EB-2 NIW (National Interest Waiver) for professionals contributing to the U.S. national interest.
For employers and skilled workers alike, staying proactive and well-informed will be key as this legislation moves through Congress.
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