us immigration reform

US Immigration Reform Update

Prepared and updated for LnT

© 2013, Fakhoury Global ImmigrationTroy New York Miami San Francisco Mumbai

Since January 1, 2013, there have been three (3) employment-based immigration bills that have been introduced into the U.S. Senate, which are the following:

• The Immigration Innovation Act of 2013 (S. 169) (January 29, 2013): Introduced by Senators Hatch (4), Klobuchar (D), and Rubio (R), and Coons (D)

• The H-1B and L-1 Visa Reform Act of 2013 (S. 600) (March 18, 2013): Introduced by Senators Grassley (R) and Brown (D)

• The Border Security, Economic Opportunity and Immigration and Modernization Act (S. 744) (May, 2013): Introduced and passed :Senators Schumer (D), Durbin (D), Bennett (D), Menendez (D), McCain (R), Rubio (R), Flake (R), Graham (R), referred to as the “Gang of Eight”


Immigration Reform: H-1B Petitions

Border Security, Economic Opportunity and Immigration Modernization Act of 2012 (S.744)

• 800 page bill would:• Strengthen border protections• Increase interior enforcement• Change the employment-based and family-based visa

systems• Allow undocumented immigrants to obtain legal

status• MAJOR GAME CHANGER FOR DEPENDENT EMPLOYERS



Impact Analysis of the Numbers

Current H1-B quota is 65,000 and an additional 20,000 for US Advanced degree holders. The reform would increase these amounts to 110,000 and 25,000, respectively.

In future years, the cap can go as high as 180,000, according to a demand-based formula

The most that the cap could increase or decrease by is 10,000/year



The Impact on Employers

Prevailing wages will be revised significantly upward

Employers will be required to advertise the position to American workers, for at least 30 days, before submitting an H1B application

Spouses will be eligible to work, IF the assignee’s country of residence provides reciprocal treatment

Dual intent visas will be granted for all students in the US on bachelors degree programs or higher



Additional Restrictions & Enforcement

Anti-outsourcing measures will be included and will target US companies that have a high percentage of H1B and L visa holders. A ban on recruiting foreign workers will go into effect if the employer reaches the following limit of workers in either H or L status: 2014: >75% 2015: > 65% 2016: > 50%

New penalties and enforcement will be implemented to prevent, detect and deter alleged fraud and abuse of the H1B and L1 visa systems

Mandatory annual audits, for selected employers, will be conducted


Immigration Reform: H1B & L1 Visa Filing FeesThe Cost to Employers

Current USCIS Filing Fee Schedule Proposed USCIS Filing Fee Schedule

I-129 Fee $325 $325

Fraud Fee: $500 $500

ACWIA Fee: $1500 $1500

Public Law 111-230 Fee:

$2500(>50 workers & > 50% H/L) $5000 (>50 workers, 30-50% H/L)$10,000 (>50 workers and >50% H/L)

Premium Processing Fee (Optional)

$1225 $1225

Total Potential Cost

$6050 $8,550 (>50 workers, 30-50% H/L)$13,550 (>50 workers and >50% H/L)


That equates to a 54% and 144% increase, respectively!

Immigration Reform: Employment-based visas (Greencards)

Allocation under pending Senate Bill S.744

EB-1 (Aliens of Extraordinary Ability, Multi-National Managers/Executives, Outstanding Professors/ Researchers) (Exempt from the annual numerical limit);EB-2 (Advance Degree Professionals, NIW) (40% of all employment-based visas permitted each fiscal year);EB-3 (Professionals and Skilled Workers) (40% of all employment-based visas permitted );EB-4 (Special Immigrants: Ministers, Broadcasters, Employees of Government Abroad) (10% of employment-based visas);EB-5 (Investors) (10% of all employment based visas).

Current Allocation of Greencards

EB-1 (28.6% of employment-based visas);EB-2 (28.6% of employment-based visas);EB-3 (28.6% of employment-based visas);EB-4 (7.1% of employment-based visas);EB-5 (7.1% of employment-based visas).


Immigration Reform: Employment-based visas (Greencards)

Removal of Per Country Ceiling Will Benefit: • India • China• Mexico• Philippines• This could be a detriment to other foreign nationals

Merit-Based Visa: • 120,000 based on education, experience and job

classification


Immigration Reform: Enhanced E-Verify

• All employers will be required to use E-Verify over a 5 year phase-in period


Number of Employees Phase in Period

> 5000 employees 2 years

> 500 employees 3 years

<500 employees 4 years

Immigration Reform: Considerations for US Employers

• E verify compliance• No outsourcing or outplacement (services included)!!!• Safeguards against displacement of US workers• The changing utilization of staff augmentation models• Organization-wide awareness of audits,

investigations, and unannounced site visits• Enhanced options for foreign nationals and its impact

on employers• Intending Immigrant (massive filing of PERM)


Fakhoury Global Immigration 3290 West Big Beaver Road

Suite 510Troy, MI 48084248-643-4900

[email protected]

© 2013, Fakhoury Global Immigration

mailto:[email protected]

http://www.employmentimmigration.com/

us immigration reform

Documents