Bill Overview
Title: H–1B and L–1 Visa Reform Act of 2022
Description: This bill modifies requirements related to H-1B (specialty occupation) and L-1 (intracompany transfers) nonimmigrant visas and contains related provisions. Provisions relating to H-1B visas include requiring the Department of Labor to review petitions for indicators of fraud or misrepresentation of material fact; requiring the Department of Homeland Security (DHS) to prioritize certain petitions, with top priority for workers with advanced degrees in science, technology, or engineering; requiring an H-1B worker to possess at minimum a bachelor's degree to meet specialty occupation requirements (currently, relevant experience may be used instead); and prohibiting an alien classifiable in certain H-1B categories from obtaining a B-1 (temporary business visitor) visa. Provisions relating to L-1 visas include requiring a waiver from Labor for an L-1 worker to be primarily stationed with an employer other than the petitioning employer; prohibiting an alien from receiving an L-1 visa to open or be employed in a new office if the alien has received two or more such visas in the last two years; and increasing the L-1 worker minimum wage to the highest of certain amounts, such as the median wage for the worker's occupational classification in the area of employment (currently, an L-1 worker must be paid at least the higher of the federal or state minimum wage). In regards to both visas, the bill (1) expands the authority of DHS and Labor to take various enforcement actions, and (2) directs DHS to conduct annual audits of a certain percentage of employers.
Sponsors: Sen. Durbin, Richard J. [D-IL]
Target Audience
Population: Individuals who are current holders or potential applicants of H-1B and L-1 visas
Estimated Size: 1500000
- The bill concerns H-1B and L-1 visas which are used by foreign professionals to work in the United States.
- H-1B visas are for specialty occupations such as IT, engineering, and medicine, often used by individuals from countries like India, China, and other parts of Asia.
- L-1 visas are for intracompany transfers and are used by multinational companies to move employees to the U.S. for several years.
- The bill impacts individuals who are already holding or eligible to apply for these visas.
- Globally, many professionals, particularly in the technology and engineering fields, seek H-1B visas, while employees of multinational companies utilize L-1 visas.
- Potential visa applicants, as well as those already in the U.S. on these visas, will see changes in qualifications, wage requirements, and restrictions.
Reasoning
- The policy is set to impact primarily U.S. sectors that rely heavily on the employment of H-1B and L-1 visa holders, such as the technology and engineering industries.
- Those in intracompany transfers (L-1 visas) and specialty occupation roles (H-1B visas) will be directly affected due to changes in qualification and wage requirements.
- Budget implications suggest that certain review and enforcement actions will be limited by funding, impacting how efficiently changes are implemented.
- Indirectly, the policy also affects U.S. citizens working in teams with visa holders as well as businesses relying on these specialized professionals.
- The range of stakeholders includes both the foreign workers and their U.S. colleagues or business associates.
- There is a need to simulate both those directly affected (e.g., current visa holders and applicants) and indirectly affected (U.S. colleagues, business owners).
Simulated Interviews
Software Engineer (San Francisco, CA)
Age: 32 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- I'm glad they are prioritizing advanced degrees, which can help in job stability for someone like me.
- I'm concerned about the increased enforcement actions; this might create anxiety among many of my peers.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 8 |
| Year 20 | 6 | 8 |
Financial Analyst (New York, NY)
Age: 29 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 3.0 years
Commonness: 8/20
Statement of Opinion:
- The new wage requirements might increase my salary, which is welcome.
- Concerned about the additional audits and restrictions on L-1 visas.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 6 | 8 |
IT Consultant (Seattle, WA)
Age: 45 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 14/20
Statement of Opinion:
- I'm worried that these changes might slow down our ability to bring in necessary talent.
- The prioritization is good, but we might lose some of our highly skilled team members.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Data Scientist (Austin, TX)
Age: 38 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 6.0 years
Commonness: 10/20
Statement of Opinion:
- The policy could mean more stability for those with advanced degrees, like me.
- I'm worried about increased scrutiny and what that means for my future here.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 8 |
Mechanical Engineer (Houston, TX)
Age: 27 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 4.0 years
Commonness: 9/20
Statement of Opinion:
- This policy could make securing a job after graduation more difficult for those without a master's degree.
- I'm worried about competing for positions with fellow H-1B aspirants.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 9 |
HR Manager (Raleigh, NC)
Age: 54 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 2.0 years
Commonness: 13/20
Statement of Opinion:
- The increase in wages could strain our payroll budget.
- More auditing could slow down our administrative processes significantly.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 6 | 8 |
Marketing Specialist (Miami, FL)
Age: 37 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 4.0 years
Commonness: 9/20
Statement of Opinion:
- Increasing wage standards is both a challenge and an opportunity for better pay, but uncertain future administrative changes worry me.
- Restrictions on multiple L-1 visas in a short time may limit career flexibility.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 6 | 7 |
University Professor (Boston, MA)
Age: 41 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- Reforms in H-1B prioritization could attract more high-quality candidates to our department.
- There's concern about how changes might delay or complicate visa processing for future hires.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Operations Manager (Chicago, IL)
Age: 26 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 4.0 years
Commonness: 8/20
Statement of Opinion:
- Policy changes are nerve-wracking as they could impact process and benefits.
- I'm hopeful that wage requirements may be beneficial in the long run but worried about changes to L-1 eligibility.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 8 | 9 |
| Year 20 | 8 | 9 |
Startup Founder (Los Angeles, CA)
Age: 33 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 3.0 years
Commonness: 13/20
Statement of Opinion:
- I appreciate the focus on high-skill individuals, but worry about slowdown in recruiting due to increased verifications.
- The policy could be positive if it ensures a level playing field and protection against wage undercutting, but practical implementation remains uncertain.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 9 |
| Year 20 | 8 | 9 |
Cost Estimates
Year 1: $50000000 (Low: $30000000, High: $70000000)
Year 2: $52000000 (Low: $32000000, High: $72000000)
Year 3: $54000000 (Low: $34000000, High: $74000000)
Year 5: $56000000 (Low: $36000000, High: $76000000)
Year 10: $60000000 (Low: $40000000, High: $80000000)
Year 100: $80000000 (Low: $60000000, High: $100000000)
Key Considerations
- The policy changes might reduce fraud and improve the screening of skilled immigrants, influencing the overall effectiveness of the visa programs.
- Wage increases for L-1 visas may lead U.S. companies to reconsider the number of foreign workers they hire.
- The impact on technological sectors which heavily rely on H-1B visa holders, particularly for niche skills, must be considered.