by Chris Musillo


Over the last few weeks many news outlets have been reporting that the minimum salary for an H-1B worker will rise from $60,000 to $130,000. This is false. There is not a minimum floor salary for H-1B workers. There is no proposal to raise that nonexistent floor to $130,000.


There are proposals that seek to raise the minimum salary floor for companies who seek an exemption to the H-1B dependent attestations. This is significantly different than minimum floor salary for H-1B workers.


Companies that employ more than 15% H-1B workers (so-called “H-1B dependent employers”) have to make two attestations for employees who either (i) do not earn $60,000 or (ii) do not hold a US equivalent master’s degree.


Displacement Attestation 20 CFR 655.738: The Displacement Attestation is ensures that U.S. workers are not being terminated or laid off in order to make room for an H-1B worker. H-1B dependent employers who are seeking to employ an H-1B worker who is to earn less than $60,000 (or does not hold a US equivalent master’s degree) must make the Displacement Attestation.


Recruitment Attestation 20 CFR 655.739: The Recruitment Attestation proves that an H-1B employer is attempting to make a good faith effort to recruit U.S. workers. H-1B dependent employers who are seeking to employ an H-1B worker who is to earn less than $60,000 (or does not hold a US equivalent master’s degree) must also make the Recruitment Attestation.


Again, these attestations do not have to be made if the employer offers a salary in excess of $60,000 or if the H-1B worker holds the equivalent of a US master’s degree.


There are two different pieces of proposed legislation that have been introduced into Congress that seek to raise the exemption floor from $60,000. Rep. Darrell Issa (R-CA)’s proposal raises the $60,000 to $100,000. Rep. Zoe Lofgren’s bill proposes that the exemption floor could be raised to $130,000. It is the Lofrgren bill that is the cause of the headlines.

Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
o