US senators reintroduce bill to reform H-1B, L-1 visa rules as Trump fee fuels scrutiny

USA – As Donald Trump's Muslim ban continues to dominate headlines, the importance of a related issue has been somewhat lost in translation the tech industry's need for skilled foreign workers. In light of this, two U.S. senators have reintroduced a bill that would reform H-1B and L-1 visa rules and, according to them, will help companies bring in talent from abroad.

The legislation would make it easier for firms to hire highly-skilled foreign workers by eliminating per-country caps on employment-based visas. It would also allow spouses of H-1B holders to work without obtaining derivative visas (currently they must have an employment-based visa of their own).

Sens. Orrin Hatch (R-Utah) and Amy Klobuchar (D-Minn.) introduced the legislation last year, but it did not make it out of committee. Now that Trump is in the White House – and given his recent moves to restrict immigration from seven Muslim-majority countries – they're trying again.

Their bill comes as criticism against the H-1B visa program continues to grow. Critics say firms use the visas to bring in cheap foreign labor, driving down wages for Americans. Others point to outsourcing companies like Tata Consultancy Services and Infosys as being major abusers of the system.

While there's no question that Trump's Muslim ban has captured most headlines and ignited widespread protests, there are other issues surrounding immigration that must be addressed. The skilled-worker visa program is one such issue – a program that tech firms depend on to bring in talent from abroad when they can't find suitable workers in the U.S.

Hatch and Klobuchar argue that their bill would help companies fill skills gaps and keep American businesses competitive. We have the opportunity to address real problems in our immigration system without resorting to harmful, blanket policies, Klobuchar said in a statement last year when she first introduced the bill with Hatch.

The legislation has drawn support from the National Venture Capital Association, TechNet, Compete America, and several other groups. However, it faces an uphill battle as Trump has already signed two executive orders related to immigration. He has also tapped Sen. Tom Cotton (R-Ark.) to work on a sweeping overhaul of U.S. immigration laws.

The bill – titled the Immigration Innovation Act – would make several changes to employment-based visa programs. It would increase the number of H-1B visas that can be issued each year from 65,000 to 115,000 and eliminate per-country caps on employment-based visas, meaning more people from India and China could come to the U.S.

It would also create a new Startup Visa for foreign-born entrepreneurs who have raised at least $100,000 from U.S. investors. In addition, it would give spouses of H-1B holders the right to work in the U.S., without having to obtain derivative visas (a process that can take years and costs thousands of dollars).

Hatch and Klobuchar argue that their bill will help American businesses remain competitive in a global economy by making sure they have access to highly-skilled workers. Our high-tech industries depend on attracting the best and brightest from around the world, Hatch said last year when he first introduced the legislation with Klobuchar.

The Senate did not take up the legislation last year, and it faces an uphill battle this year as Trump has already signed two executive orders related to immigration. However, proponents say the bill is needed now more than ever as the U.S. tries to remain competitive in a global economy that's increasingly dependent on technology.

Edward Lance Arellano Lorilla

CEO / Co-Founder

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