July 19, 2005

Congresswoman Johnson Introduces L and H-1B Legislation

On July 18, Representative Johnson (R-CT), along with four co-sponsors, introduced the "USA Jobs Protection Act of 2005" (H.R. 3322). This legislation includes provisions for new prevailing wage requirements in L-1 cases and a reduction of the maximum period of stay for an L-1 worker. Furthermore, the legislation also requires ALL employers of H-1B workers to comply with provisions that are now only required for H-1B dependent employers. These provisions typically require an employer that has more than 15% of its workforce made up of H-1B workers, to prove that it is not displacing a US worker through prior to filing of any H-1B petition.

Specifically, this legislation includes provisions related to the L-1, as stated below.

***Require L-1 beneficiaries to paid the at minimum the prevailing wage for the job offered, similar to that required in H-1B cases.

***Require employers to prove that US workers were not displaced for the 180 days before and after the filing of an L-1 petition, similar to H-1B dependency requirements that currently exists.

***Extend the current requirement that the L-1 applicant have worked for the foreign employer continuously for at least 1 year, to 2 or 3 years.

***Remove the current 30-day requirement within which L-1 petitions must be adjudicated.

***Reduce the maximum period of stay from 7 years to 5 years for managers and executives, and from 5 years to 3 years for specialized knowledge employees.

***Employers filing for L-1B specialized knowledge workers would have to file an application with the US Department of Labor attesting that it made a good faith effort to recruit US workers.

Specifically, this legislation includes provisions related to the H-1B, as stated below.


***1. All H-1B employers would be subject to regulations that now only pertain to H-1B dependent employers. These include attestations that affirm no US workers have been displaced for 180 days by virtue of filing of any H-1B petition.

We will provide more information regarding this legislation if and when it makes its way through Congress.

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