On April 2nd, 2004 Representatives Lamar Smith (R-TX); John Carter (R-TX); Jeff Flake (R-AZ); Steve Chabot (R-OH); Bob Goodlatte (R-VA) and Howard McKeon (R-CA) introduced the "American Workforce Improvement and Jobs Protection Act".
If passed, the annual H1B cap of 65,000 would 'not' apply to F1 Graduates who have received a masters or higher degree from a US University/College. This exemption would be limited (capped) to 20,000 additional H1B visas per year.
Among the changes proposed by the Smith bill is the reinstating of the $1,000 H1B training fee and the attestations required of H1B dependent employers. The bill suggests that these clauses be made permanent. Both clauses expired in September ‘03
It also proposes the imposition of a new “fraud detection and prevention fee” of $500 for H1B and L visa applications
The bill also asks for permanent reinstating of the investigative authority of the US department of labour (DOL), which also came to an end in September ‘03
The proposed legislation, if passed by the legislature would take effect thirty days after its enactment.
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