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Congress > Legislation > 2007-2008 (110th Congress)
H.R. 2538: Defend the American Dream Act of 2007

To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program.

Summaries

Congressional Research Service Summary

The following summary was written by the Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.

5/24/2007--Introduced.
Defend the American Dream Act of 2007 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.
Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer.
Revises H-1B employer requirements with respect to: (1) job advertising on a free Department of Labor website (as required under this Act); (2) information sharing; (3) prohibiting H-1B-exclusive employment advertising; and (4) prohibiting an employer of not less than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees.
Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a US master's or higher degree.
Revises the H-1B definition of "specialty occupation."
Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs. Increases monetary penalties for LCA violations.
Applies the nondisplacement requirement to all H-1B employers.
Provides H-1B alien whistleblower protections.
To cite this information, we recommend the following:
GovTrack.us. H.R. 2538--110th Congress (2007): Defend the American Dream Act of 2007, GovTrack.us (database of federal legislation) <http://www.govtrack.us/congress/bill.xpd?bill=h110-2538&tab=summary> (accessed Aug 21, 2008)
Because the U.S. Congress posts most legislative information online one legislative day after events occur, GovTrack is usually one legislative day behind.