HB 2435

Abstract

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.