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

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 ,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.