US Senator Proposes Nearly $140,000 H-1B Salary Threshold
Washington — Republican U.S. Sen. Jon Husted of Ohio has introduced legislation that would raise a key H-1B salary threshold from $60,000 to nearly $140,000, arguing that the current standard is outdated and allows some companies to bypass requirements intended to protect American workers.
Husted introduced the Protecting American Workers Through H-1B Modernization Act on Tuesday. The bill would replace the current fixed $60,000 threshold with a formula tied to the Social Security Administration’s National Average Wage Index.
The change would apply to H-1B-dependent employers, or companies where H-1B visa holders account for more than a specified portion of the workforce.
Under current law, those employers generally must attest that they have first sought to recruit American workers before hiring additional H-1B employees.
Employers are exempt from that requirement, however, if an H-1B worker earns at least $60,000 annually or holds a master’s degree or higher.
Husted’s legislation would change the salary exemption.
“For decades, companies have been able to sidestep hiring American workers because of a salary threshold that hasn’t budged since 1998. That’s not modernization, that’s a loophole,” Husted said.
“This bill simply asks that when a company is heavily reliant on these visas and wants to bring in more H-1B workers, they shouldn’t be relying on an outdated law to get around offering these jobs to qualified American workers first,” he added.
The $60,000 threshold was established in 1998 and was intended to equal twice the Social Security Administration’s National Average Wage Index at the time, according to Husted’s office.
The threshold has not since been adjusted for inflation or wage growth.
The National Average Wage Index is now nearly $70,000, according to information released by the senator’s office. Applying the original formula today would put the H-1B salary threshold at nearly $140,000.
Under the proposed legislation, the fixed $60,000 amount would be replaced with a threshold equal to twice the National Average Wage Index.
That would allow the salary requirement to rise over time alongside U.S. wages rather than requiring Congress to periodically update a fixed amount.
“American workers should always come first, and this bill closes an outdated loophole that lets companies bypass them,” Husted said.
H-1B visas are widely used by technology companies and other U.S. employers to hire foreign professionals for specialized positions.
The visa program has long been a subject of debate in Washington. Supporters argue that it helps U.S. companies recruit specialized talent that may be difficult to find domestically, while critics contend that parts of the program can be used to hire foreign workers instead of qualified Americans. (Source: IANS)
