This is more than double of the current H-1B minimum wage
of USD 60,000 which
was established in
1989 and since then has remained unchanged.
A legislation has been introduced in the US House of
Representatives which among other things calls for more than doubling the minimum
salary of H-1B visa holders to USD 130,000, making it difficult for firms to use the
programme to replace American employees with foreign workers, including from India. The
High-Skilled Integrity and Fairness Act of 2017 introduced by California Congressman
Zoe Lofgren prioritises market based allocation of visas to those companies willing
to pay 200 per cent of a wage calculated by survey, eliminates the category of
lowest pay, and raises the salary level at which H-1B dependent employer are exempt
from non displacement and recruitment attestation requirements to greater than
USD 130,000.
This is more than double of the current H-1B minimum wage of USD 60,000 which was established in 1989 and since then has remained unchanged.
"My legislation refocuses the H-1B programme to its original intent to seek
out and find the best and brightest from around the world, and to supplement the US
workforce with talented, highly-paid, and highly-skilled workers who help create
jobs here in America, not replace them," said Lofgren. "It offers a
market-based solution that gives priority to those companies willing to pay the most.
This ensures American employers have access to the talent they need, while removing incentives for companies to undercut American wages and outsource jobs," he said. Lofgren said it removes the 'per country' cap for employment based immigrant visas so that all workers are treated more fairly and to move to a system where employers hire the most skilled workers without regard to national origin. It raises the salary level at which H-1B dependent employer are exempt from attestation requirements to a new required wage level of 35 percentile points above the median national annual wage for Computer and Mathematical Occupations published by the Department of Labour Occupational Employment Statistics (roughly USD 132,000), which would be adjusted in the future without the need for new legislation, and eliminates the Master's Degree exemption for dependent employers. The legislation sets aside 20 per cent of the annually allocated H-1B visas for small and start-up employers (50 or fewer employers) to
This ensures American employers have access to the talent they need, while removing incentives for companies to undercut American wages and outsource jobs," he said. Lofgren said it removes the 'per country' cap for employment based immigrant visas so that all workers are treated more fairly and to move to a system where employers hire the most skilled workers without regard to national origin. It raises the salary level at which H-1B dependent employer are exempt from attestation requirements to a new required wage level of 35 percentile points above the median national annual wage for Computer and Mathematical Occupations published by the Department of Labour Occupational Employment Statistics (roughly USD 132,000), which would be adjusted in the future without the need for new legislation, and eliminates the Master's Degree exemption for dependent employers. The legislation sets aside 20 per cent of the annually allocated H-1B visas for small and start-up employers (50 or fewer employers) to
ensure small
businesses have an opportunity to compete for high-skilled workers,
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