Archived News Release — Caution: Information may be out of date.

U.S. DEPARTMENT OF LABOR

ESA Press Release: Labor Department Proposes Rules for New Immigration Law [01/05/1999]

For more information call: 202-693-0023

Proposed regulations for hiring foreign professionals under H-1B visas, as changed by the new American Competitiveness and Workforce Improvement Act, were issued today by the U.S. Labor Department. The proposed rules for H-1B workers seek public comment on or before February 4.

The new law, signed by President Clinton on Oct. 21, 1998, increased the number of H-1B visas available annually from 65,000 to 115,000 for fiscal years (FY) 1999 and 2000 and to 107,500 for FY 2001 before reverting to 65,000 in FY2002.

The new law requires H-1B dependent companies or companies found to have willfully violated the law to attest that they will not lay off any similarly employed American workers 90 days before or after filing a petition requesting an H-1B worker. They must also make good faith efforts to recruit U.S. workers for these jobs. These dependent companies also must attest that they will not place H-1B workers with another company without obtaining assurance that U.S. workers will not be displaced within the period 90 days before and 90 days after the placement date.

Other provisions in the new law enhance worker protections by prohibiting employers from retaliating against workers who complain about possible violations; prohibiting H-1B workers who leave their jobs early from paying a penalty; and enhancing penalties for more serious violations.

In developing the proposals, department officials met with business organizations, unions, associations representing nurses, physical therapists, engineers and computer specialists, immigration attorneys and other involved federal agencies.

The department's proposed rule is published in today's Federal Register.

Archived News Release — Caution: Information may be out of date.