Restriction on Entry of Certain Nonimmigrant Workers
1. Purpose
Proclamation 10973 implements restrictions on H-1B nonimmigrant visas, addressing the exploitation of the program that allows employers to replace American workers with cheaper foreign labor.
2. Key Actions And Directives
- Implement $100,000 Fee for H-1B Petitions: Employers must pay a $100,000 fee when submitting petitions for H-1B specialty occupation workers.
- 12-Month Entry Restriction: The entry restriction for H-1B nonimmigrants will be effective for 12 months from the proclamation date, subject to extension.
- Ensure Compliance Verification: Employers must provide documentation of the fee payment, which will be verified by the Secretary of State during the visa process.
- Revise Prevailing Wages: The Secretary of Labor is directed to amend prevailing wage levels in accordance with the policy of the proclamation.
3. Important Points
- Addressing Exploitation: The proclamation aims to curb the misuse of the H-1B program that undermines American workers and their wages.
- Impact on American Workers: The abuse of the H-1B visa contributes to the replacement of skilled American workers, especially in the IT sector.
- National Security Concerns: Exploitation of the H-1B program raises issues linked to visa fraud and discourages American participation in technology careers.
- Temporary Nature of Restrictions: The restrictions are designed to be temporary, with ongoing evaluations possible to extend measures based on their efficacy.
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