Silicon Valley has repeatedly urged Congress to raise the H-1B cap, which is currently set at 65,000 visas per fiscal year, but lawmakers have resisted, citing concerns over fraud in the H-1B program.
In October 2008, a USCIS report found that the H-1B program has more than a 20 percent violation rate. The fraud identified in the report included jobs not located where employers claimed, H-1B visa holders not being paid the prevailing wage, forged documents, fraudulent degrees and "shell businesses."
Even before the report was issued, Senators Charles Grassley of Iowa, Dick Durbin of Illinois and Bernie Sanders of Vermont were seeking reform of the H-1B visa program. A bill introduced in the 110th Congress by Grassley and Durbin would require employers to make a good-faith effort to hire American workers first. Employers would also have to show that the H-1B worker would not displace an American worker.
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