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US HR670

US HR670
High-Skilled Integrity and Fairness Act of 2017


summary

Introduced
01/24/2017
In Committee
02/08/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

High-Skilled Integrity and Fairness Act of 2017 This bill amends the Immigration and Nationality Act to: (1) eliminate the per-country limit for employment-based immigrant visas, and (2) increase the limit for family sponsored visas. The bill revises: (1) the H-1B nonimmigrant visa (specialty occupation) program, including by revising the definition of "exempt H-1B nonimmigrant"; and (2) the computation of prevailing wage level for purposes of occupational classification. The bill provides that H-1B visas will be allocated on a three-tiered wage-based system if H-1B visa petitions exceed the number of visas available for a fiscal year. An employer may not reduce H-1B wages, except for taxes, garnishments, or under a collective bargaining agreement or where otherwise customary. The bill reserves 20% of fiscal year H-1B visas for employers with 50 or fewer full-time employees, including parent, subsidiary, and other affiliated entities. The bill authorizes dual intent for F-1 visa foreign students. (Dual intent is an immigration concept that allows aliens to be temporarily present in the United States with nonimmigrant status and immigrant intent.) Students may use work experience as qualifying labor certification experience. An amended H-1B petition shall not be required where a petitioner has a valid labor condition application for a new place of employment that has terms and conditions of employment that are the same as the previous place of employment. The receipt of information from an employer for H-1B hiring purposes shall not be considered to be the receipt of information for purposes of determining employer compliance with labor condition requirements.

AI Summary

This bill, the High-Skilled Integrity and Fairness Act of 2017, aims to reform the H-1B visa program and protect American workers in several ways. It eliminates the per-country limit for employment-based immigrant visas, increases the limit for family-sponsored visas, and revises the H-1B program to allocate visas based on a three-tiered wage-based system if petitions exceed the cap. The bill also requires employers to provide immigration documentation to workers, prohibits liquidated damages against H-1B workers, strengthens the prevailing wage system, reserves 20% of H-1B visas for small employers, allows F-1 student visa holders to use work experience for labor certification, and removes certain paperwork burdens for employers. Overall, the bill seeks to make the H-1B program more transparent, fair, and beneficial for both high-skilled foreign workers and American workers.

Committee Categories

Justice, Military Affairs and Security

Sponsors (1)

Last Action

Referred to the Subcommittee on Immigration and Border Security. (on 02/08/2017)

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