Full Text of HB2435 099th General Assembly
HB2435 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2435 Introduced 2/17/2015, by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| | | HB2435 | | LRB099 06878 JLS 26958 b |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the H-1B | 5 | | Visa Fraud and Abuse Prevention Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Employer" means an individual, partnership, association, | 8 | | corporation, business trust, governmental or | 9 | | quasi-governmental body, or any other person, group of persons, | 10 | | or entity that employs a person to work, labor, or exercise | 11 | | skill in connection with the operation of any business, | 12 | | industry, vocation, or occupation. | 13 | | "H-1B visa" means a non-immigrant visa issued under Section | 14 | | 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 | 15 | | U.S.C. 1101(a)(15)(H)(i)(b)). | 16 | | Section 10. Purpose. The purpose of this Act is to prevent | 17 | | fraud and abuse with respect to the use of H-1B visas. | 18 | | Section 15. Prohibited practices. | 19 | | (a) An employer may not place, outsource, lease, or | 20 | | otherwise contract the services of a holder of an H-1B visa | 21 | | with another employer unless the employer of the individual |
| | | HB2435 | - 2 - | LRB099 06878 JLS 26958 b |
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| 1 | | holding the H-1B visa has been granted a waiver by the | 2 | | Department of Labor. | 3 | | (b) A waiver may be granted in the following circumstances: | 4 | | (1) the employer with whom the individual holding the | 5 | | H-1B visa would be placed has not displaced, and does not | 6 | | intend to displace, a United States worker employed by that | 7 | | employer within the period beginning 180 days before and | 8 | | ending 180 days after date of placement of the individual | 9 | | holding the H-1B visa with that employer; | 10 | | (2) the individual holding the H-1B visa will not be | 11 | | controlled and supervised principally by the employer with | 12 | | whom that person is placed; and | 13 | | (3) the placement of the individual holding the H-1B | 14 | | visa is not essentially an arrangement to provide labor for | 15 | | hire for the employer with whom the individual holding the | 16 | | H-1B visa will be placed. | 17 | | (c) The Department of Labor shall grant or deny a waiver | 18 | | under this Section not later than 7 days after the Department | 19 | | receives the application for the waiver.
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