Spot on.
The $60,000 wage figure in H-1B is part of the definition of an “Exempt H-1B non-immigrant.” An Exempt H-1B Nonimmigrant is one who has a master’s degree or higher or earns more than $60,000. All other H-1B nonimmigrants are “Non-Exempt H-1B Nonimmigrants.”
The exempt H-1B nonimmigrant classification appears to two places:
1. Displacement of Americans.
2. Recruitment of Americans
It is unlawful to replace an American with an H-1B worker when:
1. The employer is H-1B dependent (has more than 15% of total employees on H-1B); AND
2. The replacement is a Non-exempt H-1B nonimmigrant; AND
3. The replacement takes place within 90 days of making the visa petition.
Because #3 sets up an impossibility on its own, raising the $60,000 does nothing.
Employers must check a box on the LCA form saying they recruited U.S. workers in good faith for and hired any more qualified Americans when:
1. The LCA specifies Non-Exempt H-1B Workers
2. The employer is H-1B dependent.
The LCA is filed in a vacuum with no job or worker identified. Plus DOL is required to certify the LCA within 7 days as long as the form is filled out correctly. Even if DOL could check, there is no way to verify the anything because there is no worker identified to ensure he is exempt. There is no job, so there is no way to say a U.S. workers was not hired.
Raising the $60,000 does nothing here either.
Even if DOL has some means of checking, the rule only applies to H-1B dependent employers. And about 1/3 of the visas would be exempt anyway.
Congress could raise the $60,000 to $60,000,000,000,000,000,000 and it would have no effect on H-1B.
“Newsweek reports that “Republicans have introduced legislation that would raise a key salary threshold in the H-1B visa program from $60,000 to almost $140,000, a change that could significantly affect some companies that rely heavily on foreign workers.” Under current law, heavy users of H-1B visas ("H-1B-dependent employers", those with 15 percent or more of the workforce on the visas) have to make certain non-displacement and recruitment attestations -- unless they pay the visa workers at least $60,000 or the workers have a master's degree or higher.
In reality the bill (S. 5638) does not represent a meaningful change. Because the lobbyist-written text of the H-1B program has redundancies, Congress could raise the $60,000 figure to $600 trillion and it would have no effect on the program because of the master's degree loophole.
This bill illustrates that Congress is fully aware of the problems in the H-1B program, but does not want to do anything that would offend big tech.”