HB2435 99TH GENERAL ASSEMBLY

LRB099 06878 JLS 26958 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2435

Introduced 2/17/2015, by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

New Act

Creates the H-1B Visa Fraud and Abuse Prevention Act. Limits the employment of holders of H-1B visas. Provides that an employer may not place, outsource, lease, or otherwise contract the services of a H-1B visa holder with another employer unless the employer of the H-1B visa holder has been granted a waiver by the Department of Labor. Provides that a waiver may be granted if: the employer with whom the H-1B visa holder would be placed has not displaced, and does not intend to displace, a U.S. worker employed by that employer within the period beginning 180 days before and ending 180 days after date of placement of the H-1B visa holder with that employer; the H-1B visa holder will not be controlled and supervised principally by the employer with whom that person is placed; and the placement of the H-1B visa holder is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B visa holder will be placed. Provides that the Department of Labor shall grant or deny a waiver not later than 7 days after the Department receives the application for the waiver.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the H-1B Visa Fraud and Abuse Prevention Act.

Section 5. Definitions. In this Act:

"Employer" means an individual, partnership, association, corporation, business trust, governmental or quasi-governmental body, or any other person, group of persons, or entity that employs a person to work, labor, or exercise skill in connection with the operation of any business, industry, vocation, or occupation.

"H-1B visa" means a non-immigrant visa issued under Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)).

Section 10. Purpose. The purpose of this Act is to prevent fraud and abuse with respect to the use of H-1B visas.

Section 15. Prohibited practices.

(a) An employer may not place, outsource, lease, or otherwise contract the services of a holder of an H-1B visa with another employer unless the employer of the individual holding the H-1B visa has been granted a waiver by the Department of Labor.

(b) A waiver may be granted in the following circumstances:

(1) the employer with whom the individual holding the H-1B visa would be placed has not displaced, and does not intend to displace, a United States worker employed by that employer within the period beginning 180 days before and ending 180 days after date of placement of the individual holding the H-1B visa with that employer;

(2) the individual holding the H-1B visa will not be controlled and supervised principally by the employer with whom that person is placed; and

(3) the placement of the individual holding the H-1B visa is not essentially an arrangement to provide labor for hire for the employer with whom the individual holding the H-1B visa will be placed.

(c) The Department of Labor shall grant or deny a waiver under this Section not later than 7 days after the Department receives the application for the waiver.