A recently proposed bipartisan bill would amend the H-1B program by requiring more employers to attest that they are unable to find qualified U.S. workers. The bill is specifically targeted at H-1B dependent employers, which employ more than 50 people and whose workforce is comprised of at least 15 percent H-1B workers. Currently, these H-1B dependent employers are required to file attestations stating that they are unable to find qualified U.S. workers, but they are exempt from these attestations if the H-1B worker holds a master’s degree or earns at least $60,000 annually. This exemption was created in 1998 to improve administrative efficiency, but the $60,000 threshold was not indexed for inflation and has not been increased in the past 18 years.
The current bill, proposed by Rep. Darrell Issa (R-Calif.), would raise the threshold from $60,000 to $100,000, and include an adjustment for inflation. Additionally, the proposed bill would eliminate the exemption for workers with master’s degree. While the bill has not been scheduled for a vote in the House, Rep. Issa’s office said that it may be attached to an omnibus spending package following the election in November.