New H1B Visa Bill to remove workers from US.?

I guess few of you should have the read about New H1B Bill that was passed in U.S.  yesterday about H1B Visa workers in U.S. I received couple of emails asking about the new law that was passed.

Jesh Asks about H1B Visa News

I heard that, a bill was passed to U.S Senate yesterday to remove the H1B visa workers in US. (the bill was not approved as of now)

If that happens, many of the Indian H1B workers may loose there jobs.

I just want to know whether its true or not. because, I’m planning to apply for H1B visa through a consultancy.

Is it true?

I’m actually collecting questions like this and start writing myth series. It is not true. You know when news gets passed around, everyone try to spice it up with small version of their story. That’s what happened to the news you heard. But, good thing – there was a bill that was passed in the Senate yesterday about hiring H-1B visa workers. But, the bill is not about removing H1B Visa holders from U.S.

Why New H1B Visa Bill

U.S. Government is working a stimulus bill to spend $800 Billion USD to improve the U.S. Economy. Some of that money will be given to banks and other companies which are in trouble.  There is a huge list of companies receiving bailout money. More than dozen banks receiving the biggest rescue packages, totaling more than $150 billion, requested visas for more than 21,800 foreign workers over the past six years. New Bill was aimed to prevent those companies from hiring H1b workers. Since the bank bailout money was U.S. Tax Payers Money.

Details of  new H1B Amendment

• Yesterday new H1B amendment was passes in U.S. Senate, but with changes. Here’s what the new rule says..
• New Rule didn’t bar the hiring of foreign workers, but proposed bill was to ban hiring of workers with H1b Visa.
• Any company receiving bailout money from U.S. will become H1B dependent company. Usually,  a company will be called H1B dependent company if  more than 15% of workers are in H1B visa.
• Any firm receiving TARP funds will be automatically considered H-1B dependent, regardless of the percentage of H-1B workers on the payroll.
• H-1B dependent has strict H1B Visa hiring rules to be followed, which include attesting to actively recruiting American workers; not displacing American workers with H-1B visa holders; and not replacing laid off American workers with foreign workers.
• H-1B dependent companies have to make very, very strict non-displacement attestations for 90 days before you employ an H-1B and for 90 days afterward as well,” If the employer finds any workers within this 90-day window before and after the H-1B worker is hired, then they are required to terminate the H-1B worker.

When will new Bill become law?

A bill becomes a law only after President signs it. But, before that both House and Senate have to approve it. Yesterday it was approved by Senate. So, still there is long way to go. The fate of this H-1B amendment rests on the fate of the stimulus bill before the Senate today, and if that’s approved it will head to a conference where other changes are possible.

Back to your Question

So, the bill was to prevent companies that receive TARP funds from hiring H1B workers. But, that news got a new shape and from to become – New law to remove H1B workers from U.S. Well certainly it is interesting to read such questions and how news gets tossed around.

Note – Changes have been made to this H1B Strict Hiring rule.

Breaking News - New H1B Visa Rules Removed from Stimulus Bill

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1. Obama Signs Stimulus Bill; New H1B Rules are Included
2. Bill To Restrict H1B Hiring to All Companies?
3. New H-1B Hiring Rules – Approved in US Senate
4. Changes to New H1B Visa Bill
5. New H1B Rules Removed by Obama?