The bill makes the "recruitment of U.S. workers provision" apply to all H-1b employers. Currently only the 1% of "H-1b-dependent" employers must first recruit U.S. workers. The statutory provisions of this recruitment are here.
Unfortunately the bill still permits the displacement of qualified U.S. workers with H-1b - see the last paragraph of the link above: "The employer is required to have offered the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B nonimmigrant." The problem is that "better qualified" is highly subjective: Who is "more qualified" - a candidate with a BS degree and 3 year's experience, or a candidate with an MS degree and 1 year experience? An employer could argue this either why, when in fact both candidates are "qualified." This should be fixed - and H-1b should only be hired when no qualified Americans are available and need the job.
This bill bars the "displacement of U.S. workers." Currently it is legal for employers to use the H-1b visa to displace qualified American workers. The statutory provisions of this non-displacement are here.
The bill calls for a prevailing wage based on the average wage of U.S. workers in the same classification, as opposed to the 17th percentile if the current "prevailing wage."
The bill calls for jobs to be advertised on the DOL website for 30 days. While this is an improvement over the current disclosure several months after the fact, in our opinion it falls short. We call for:
1) Jobs publicly posted on DOL website for 30 days
2) Candidate publicly apply with summary resumes during those 30 days. (much like posting feedback to an article - no "new technology" required)
3) After 30 days, if employer still plans to hire the H-1b, employer posts a public statement explaining why none of the U.S. worker applicants were suitable.
4) U.S. candidates given 15 days to post objections.
5) This exchange remains public record and can serve as evidence for civil and criminal cases.
Even the current "must demonstrate that no qualified U.S. workers are available" in order to get a greencard under PERM rules has degenerated into a sham of:
1) Employer runs a few fake job ads
2) Employer internally ignores all qualified applicants
3) Employer files copies of the fake job ads as evidence of "good faith" recruiting, when it is just the opposite.
Information and examples of these PERM fake job ads is here www.programmersguild.org/RIR/
Finally the bill authorizes the hiring of 200 DOL personnel to effect these protections. This cost of roughly $10 to $20 million should be borne as fees to users of the H-1b program rather than supported by taxpayers.