USA Jobs Protection Act of 2003 Introduced in House and Senate

On July 24 Representative Nancy Johnson (D-CT) and Senator Chris Dodd (D-CT) introduced parallel bills, H.R. 2849 and S. 1452 respectively, which would substantially alter the L visa and H-1B visa programs. Specifically, the bills would make the following changes to the visa programs:

L visa program:
  • Require employers to file an attestation with the Department of Labor (DOL) stating the following:
    • The L-1 employee will not perform duties at the worksite of another employer where there are indicia of an employment relationship.
    • The L-1 employer will provide wages that are the greater of the actual wage or the prevailing wage.
    • The employer did not displace US workers for 180 before or after the filing of the L-1 petition.
  • Provide for an annual review of blanket petition procedures by DHS and DOL.
  • Increase the work experience requirement with the foreign employer from one year to two years.
  • Limit the duration of the L-1A visa to 5 years and the L-1B visa to three years.
  • For L-1B petitions, require the employer to file an application stating that the employer has taken good faith steps to recruit US workers for the position.
  • Direct the DOL to impose a fee on employers for L-1 petitions.
H visa program:
  • Strike the definition of H-1B dependent employer and makes H-1B dependent provisions applicable to all H-1B employers.
  • Add the H-1B dependent provisions to the DOL attestation requirements, including:
    • The employer did not displace an American worker 90 days before or after the filing of the visa petition.
    • The employer will not place the H-1B at a third party worksite where there are indicia of an employment relationship unless there is not displacement of a U.S. worker at the worksite for 180 days before and after the H-1B visa holder is placed at the third party worksite.
  • Make the $1000 fee permanent.
Study of the Act:
  • Mandate that no later than one year after the enactment of the Act, the GAO will investigate the Act's implementation and impact and will make recommendations on changes to existing law.

Cite as AILA Doc. No. 03072812.