How will the New Immigration Bill change Business Immigration Law?

If the new Senate Bill passes, the H-1B process would substantially change.

The Immigration Bill raises the number of H-1B’s from 65,000 to 115,000-180,000 depending on a formula that incorporates the unemployment data.

However, the H-1B program is going to look more like the employment based permanent residency programs where employers will need to advertise in the local papers and show a good faith effort in recruiting U.S Citizens and permanent residency holders. Also, wages will be mandatorily raised by narrowing the wage choices that employers must pay H-1B workers.

This additional requirement of ad placements will create another costly step to an already cumbersome H-1B process. It will help the newspaper industry by providing income for newspapers around the country even though normal job ads are now placed on the internet. We eventually hope the US CIS will realize the change from newspapers to the internet. The New Immigration Bill should at least waive the extra step for job titles where there is an obvious shortage of American workers.

Of course this additional step allows more work for lawyers and additional staff for the US CIS in order to monitor the more complex H-1B process. Our hope was that the New Immigration Law would streamline the H-1b process by making it more efficient rather than adding an additional cumbersome step. Maybe the House of Representatives could modify the new H-1B requirement, but we doubt that another legislative committee would simplify the process. Let’s just hope Immigration Bill from the House of Representatives does not add an additional step to the H-1B process.

New York City Immigration Lawyer Andrew P. Johnson has spoken about Business Visas to groups in the U.S, Europe, and Asia. If you have questions regarding any business immigration visa, please email us at apjlaw@gmail.com or call our office at 212 693 3355.

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Andrew P. Johnson - Immigration Lawyer