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Rep. Dwight Kay
Filed: 4/1/2014
| | 09800HB4834ham001 | | LRB098 16400 JLS 57776 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4834
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4834 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the H-1B |
| 5 | | Visa Fraud and Abuse Prevention Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Employer" means an individual, partnership, association, |
| 8 | | corporation, business trust, governmental or |
| 9 | | quasi-governmental body, or any other person, group of persons, |
| 10 | | or entity that employs a person to work, labor, or exercise |
| 11 | | skill in connection with the operation of any business, |
| 12 | | industry, vocation, or occupation. |
| 13 | | "H-1B visa" means a non-immigrant visa issued under Section |
| 14 | | 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 |
| 15 | | U.S.C. 1101(a)(15)(H)(i)(b)).
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| | 09800HB4834ham001 | - 2 - | LRB098 16400 JLS 57776 a |
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| 1 | | Section 10. Purpose. The purpose of this Act is to prevent |
| 2 | | fraud and abuse with respect to the use of H-1B visas.
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| 3 | | Section 15. Prohibited practices. |
| 4 | | (a) An employer may not place, outsource, lease, or |
| 5 | | otherwise contract the services of a holder of an H-1B visa |
| 6 | | with another employer unless the employer of the individual |
| 7 | | holding the H-1B visa has been granted a waiver by the |
| 8 | | Department of Labor. |
| 9 | | (b) A waiver may be granted in the following circumstances: |
| 10 | | (1) the employer with whom the individual holding the |
| 11 | | H-1B visa would be placed has not displaced, and does not |
| 12 | | intend to displace, a United States worker employed by that |
| 13 | | employer within the period beginning 180 days before and |
| 14 | | ending 180 days after date of placement of the individual |
| 15 | | holding the H-1B visa with that employer; |
| 16 | | (2) the individual holding the H-1B visa will not be |
| 17 | | controlled and supervised principally by the employer with |
| 18 | | whom that person is placed; and |
| 19 | | (3) the placement of the individual holding the H-1B |
| 20 | | visa is not essentially an arrangement to provide labor for |
| 21 | | hire for the employer with whom the individual holding the |
| 22 | | H-1B visa will be placed. |
| 23 | | (c) The Department of Labor shall grant or deny a waiver |
| 24 | | under this Section not later than 7 days after the Department |