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Timeline of H-1B

15 bytes added, 08:12, 26 June 2020
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| 1952 || June 27 || Legislation || {{w|Immigration and Nationality Act of 1952}} || {{w|82nd United States Congress}}, President {{w|Harry S. Truman}} (vetoed but overridden) || || || || || Creates the H-1 and H-2 visa categories for skilled and unskilled workers; the H-1 would give rise to the modern H-1B visa.
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| 1970 || April 7 || Legislation || Public Law 91-225 || {{w|91st United States Congress}}, President {{Richard Nixon}} || || || || || A new H-4 category is introduced for the spouses and minor children of H-1 workers, recognizing the use of the H-1 visa for more long-term employment.<ref name=cato-h-4>{{cite web|url = https://www.cato.org/blog/facts-about-h-4-visas-spouses-h-1b-workers|title = https://www.cato.org/blog/facts-about-h-4-visas-spouses-h-1b-workers|title = The Facts About H-4 Visas for Spouses of H-1B Workers|last = Bier|first = David|date = June 16, 2020|accessdate = June 26, 2020|publisher = Cato Institute}}</ref><ref name=pl-91-225>{{cite web|url = https://www.govinfo.gov/content/pkg/STATUTE-84/pdf/STATUTE-84-Pg116.pdf|title = Public Law 91-225|accessdatee accessdate = June 26, 2020}}</ref>
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| 1982 || || INS/USCIS guidance || In response to ''Matter of Srinivasan'' || USCIS || N/A || N/A || N/A || N/A || An internal memo of the {{w|Immigration and Naturalization Services}} (INS, the precursor to {{w|United States Citizenship and Immigration Services}}) provides guidance regarding issuance of [[w:B visa in lieu of other visas|B-1 in lieu of H-1]].<ref name=globalworkers>{{cite web|url = http://globalworkers.org/digging-deeper-history-b-1-lieu-h-1|title = Digging Deeper: History of B-1 in lieu of H-1|publisher = globalworkers.org|accessdate = April 28, 2016}}</ref><ref name=ilw-wehrer>{{cite web|url = http://www.ilw.com/articles/2000,1018_Wehrer.shtm|title = Business Visitors from Abroad - Tips and Traps for the HR Department|date = October 18, 2000|last = Paparelli|first = Angelo|last2 = Wehrer|first2 = Susan|accessdate = April 28, 2016|publisher = Immigration Daily}}</ref>
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| 1990 || November 29 || Legislation || {{w|Immigration Act of 1990}} || {{w|101st United States Congress}}, President {{w|George H. W. Bush}} || Only a base filing fee || Annual cap of 65,000 on new 3-year H-1Bs, including transfer applications and extensions of stay || Set up the basic rules for the {{w|Labor Condition Application}} || Defines adjudication process || The old H-1 visa is split into the {{w|H-1A visa}} for nurses (which would be discontinued and replaced by the {{w|H-1C visa}}, which would also be discontinued) and the H-1B visa. Additionally, the Immigration Act of 1990 also creates the employment-based (EB) immigration category for permanent immigration. The H-1B and EB would play an important symbiotic role, in particular because unlike the previous H-1 visa, this allowed it allows for a dual immigrant intent, i.e., it allowed allows people with pending green card applications to use the H-1B.<ref name=cato-h-4/><ref>{{cite web|url = https://www.law.cornell.edu/uscode/text/8/1184#b|title = 1184|publisher = Legal Information Institute}}</ref>
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| 1998 || October 21 || Legislation || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) || {{w|105th United States Congress}}, President {{w|Bill Clinton}} || Additional $500 fee to train U.S. workers to reduce the shortage of skilled workers, and therefore reduce the need for H-1B || Temporary increase in caps to 115,000 for 1999 and 2000 || Introduces the concept of {{w|H-1B-dependent employer}} and required additional attestations about non-displacement of U.S. workers from employers who were H-1B-dependent or had committed a willful misrepresentation in an application in the recent past. Also gives investigative authority to the {{w|United States Department of Labor}} || No change || The legislation is mostly a victory for restrictionists and labor advocates, with the main concession to expansionists being the temporary quota increase.
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