The new proposed bill by the house can be found here (the actual bill introduced, HR 670, is here):

Numerous sources from media claims that if this bill passes, your minimum wage would have to be $130,000 or higher to be eligible for H1B visa.

But looking at the actual bill brings some room for clarification, especially this section.


  • Re-sets the current dependent wage exemption level of $60,000 which was established in 1998 and has since remained unchanged.

  • The new H-1B dependent employer wage exemption level will be set at 35 percentile points above the median for the most recent national annual wage for Computer and Mathematical Occupations (Group 15-0000) as published in the Department of Labor (DOL) Occupational Employment Statistics (OES).

  • Per the Department of Labor May 2015 Occupational Employment and Wages (the most recent data available), the new annual wage exemption level would be greater than $130,000 (http://www.bls.gov/oes/current/oes150000.htm).

  • Dependent employers are those with more than 15% of their workforce in H-1B status.

  • Unless dependent employers compensate their H-1B workers above the required wage level, they must make attestations regarding recruitment and non-displacement of U.S. workers. Non-discretionary bonuses and similar compensation may be applied to wages based on their fair market value at the time of filing. No discretionary compensation may be counted towards wages.

  • Eliminates the Master’s Degree exemption for dependent employers.

I'm not a law expert, but the bill seems to indicate that these new changes would apply for H1B dependent employers only. In other words, I'm thinking this bill only applies to companies where a considerable number of employees are under H1B visa.

Am I correct to think that this new bill applies to employees being hired by H1B dependent companies only or would this new annual wage exemption level of $130,000 actually apply to all prospective H1B applicants?

  • Just to clarify your block quote is an explanation of what HR 670 does. It may be that it is an accurate description i which case at least that section doesn't have the effect that was apparently claimed. But, it is not the bill itself. – ohwilleke Feb 2 '17 at 18:52

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