US senators move amendments to make H-1B and L1 visas tougher

Two US senators have introduced amendments to the H-1B visa rules which, they say, allow companies to "legally discriminate" against US workers and displace them.

The H-1B and L-1 Visa Reform Bill, introduced by Senators Chuck Grassley, (Republican-Iowa), and Dick Durbin, (Democrat-Illinnois), requires US employers to first make an earnest attempt at recruiting qualified American workers before hiring H-1B guest workers.

The bill also seeks to bar employers from using H-1B visa holders to displace qualified American workers.

"Our bill will put a stop to the outsourcing of American jobs and discrimination against American workers," Senator Durbin said in a statement. "The H-1B visa programme should complement the US workforce, not replace it," he added.

The H-1B and L1 visa programmes are popular among Indians and they, along with Chinese professionals form the largest chunk of these visas issued annually.

Once the legislation introduced by Senators Chuck Grassley and Dick Durbin is passed by the Congress and then signed into law by the president, it will affect the flow of professionals from India to the US.

The bill, introduced yesterday, also prohibits 'H-1B only' advertisements and bars companies from hiring of additional H-1B and L-1 guest workers if over 50 per cent of their employees are H-1B and L-1 visa holders, according to the senators.

The bill also seeks to authorise the department of labour to investigate and penalise abuse of H-1B and L1 visa employers.

A similar legislation was introduced by Senators Grassley and Bernard Sanders, earlier, had succeeded in getting restrictions placed on H-1B use by financial service firms receiving bailout funds under the Troubled Assets Relief Programme (TARP). That bill was approved as part of the massive stimulus package passed by Congress in February.

The current proposals aim at bringing in some permanent changes in the way the H-1-B programme operates.