HB4834ham001 98TH GENERAL ASSEMBLY

Rep. Dwight Kay

Filed: 4/1/2014

09800HB4834ham001 LRB098 16400 JLS 57776 a

AMENDMENT TO HOUSE BILL 4834

AMENDMENT NO. ______. Amend House Bill 4834 by replacing everything after the enacting clause with the following:

"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.".