Under the compromise we are considering today. the nolayoff and recruitment attestations will apply to HlBdependent businesses in those instances where they petition for HlBs without masters degrees and where they plan to pay the H1Bs less than $60.000 a year. The attestations are being targeted to hit the companies most likely to abuse the system. Other employers who use a relatively small number of HlBs will not be affected. unless they have been found to have willfully violated the rules of the H1B program. Specifically. the nolayoff attestation prohibits an employer from laying off an American worker from a job that is essentially the equivalent of a job for which an HlB is sought during the period beginning 90 days before and ending 90 days after the date the employer files a visa petition for the foreign worker. The recruitment attestation requires an employer to have taken goodfaith steps to have recruited American workers for the job an HlB alien will perform and offer the job to an American worker who applies and is equally or better qualified than the foreign worker. Other features of the compromise are that the HlB quota will be set at 115.000 in 1999 and 2000 and 107.500 in the year 2001.
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H1B visa