S. 979: H–1B and L–1 Visa Reform Act of 2023

H-1B and L-1 Visa Reform Act of 2023

This bill modifies requirements related to H-1B (specialty occupation) and L-1 (intracompany transfers) nonimmigrant visas and contains related provisions.

Provisions relating to H-1B visas include

• requiring the Department of Labor to review petitions for indicators of fraud or misrepresentation of material fact;
• requiring the Department of Homeland Security (DHS) to prioritize certain petitions, with top priority for workers with advanced degrees in science, technology, or engineering;
• requiring an H-1B worker to possess at minimum a bachelor's degree to meet specialty occupation requirements (currently, relevant experience may be used instead); and
• prohibiting an individual classifiable in certain H-1B categories from obtaining a B-1 (temporary business visitor) visa.

Provisions relating to L-1 visas include

• requiring a waiver from Labor for an L-1 worker to be primarily stationed with an employer other than the petitioning employer;
• prohibiting an individual from receiving an L-1 visa to open or be employed in a new office if the individual has received two or more such visas in the last two years; and
• increasing the L-1 worker minimum wage to the highest of certain amounts, such as the median wage for the worker's occupational classification in the area of employment (currently, an L-1 worker must be paid at least the higher of the federal or state minimum wage).

In regards to both visas, the bill (1) expands the authority of DHS and Labor to take various enforcement actions, and (2) directs DHS to conduct annual audits of a certain percentage of employers.