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发信人: myosotis (飞飞), 信区: AdvancedEdu
标  题: Impact of Simpson Bill on Higher Education
发信站: BBS 水木清华站 (Fri Sep 19 13:26:27 1997)

   UNIVERSITY CORNER: THE IMPACT OF THE SIMPSON BILL ON HIGHER EDUCATION

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EB-1 Outstanding Researchers and Professors

This category in the law allows researchers and professors to pursue
permanent residency without having to secure a labor certification (a
certification by the US Department of Labor that a regulated recruitment
campaign for a position has failed to yield minimally qualified US citizen
and permanent resident applicants). The Simpson Bill would place these
applicants in the same category with other lower categories and would
impose a labor certification requirement as well as a condition on the
green card requiring the applicant remain with an employer for at least two
years.

Labor Certification Tax

Current law imposes no fees on labor certification applications. Under the
proposed bill, employers would be required to pay a surcharge of the
greater of 10% of the alien's annual salary or $10,000. The money would go
to private sector retraining funds. The Department of Labor would also be
able to charge a processing fee.

Special Handling Labor Certifications

The labor certification test for university teachers and aliens of
exceptional ability in science or art is more relaxed than normal. Rather
than demonstrating that there are no minimally qualified applicants, the
employer must simply demonstrate that there are no "equally qualified" US
applicants available.

New Restrictions on H-1B Visas

H-1B visas are available to professional workers in positions requiring at
least a bachelors degree and which pay at least the prevailing wage.
Applicants can stay in H-1B status for up to six years. The Simpson Bill
would cut H-1Bs to just three years and require employers to pay at least
105% of the prevailing wage for the position. One good piece of news - the
Department of Labor would have to separate universities from private
industry when determining prevailing wages.

Experience Requirements for Employment-Based Permanent Residency Applicants

While many employment-based permanent residency categories have specific
experience requirements, the Simpson Bill would impose a general three year
experience requirement for most employment-based applicants.

New Restrictions on F-1 Student Visas

The Simpson Bill would impose a processing fee on student visas, set up a
mandatory tracking system for non-immigrant students at universities that
would require reporting of specific information by universities, remove
confidentiality protections for academic records of foreign students and
require students to demonstrate normal progress in pursuit of their
degrees.

National Interest Waivers

Current law provides for a waiver of the labor certification requirement
for EB-2 advanced degree professionals and exceptional ability workers
where the applicant can demonstrate that he or she provides a substantial
prospective benefit to the US national interest. The Simpson Bill does not
provide for a national interest waiver.
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