Core Provisions: This bill would recapture 150,000 unused H-1B visas from prior years and distribute them over a three-year period. As a result, H1-B visa caps for fiscal years 2009 through 2011 would be increased from 65,000 to 115,000. The bill would also increase H-1B petition fees for employers and impose a recapture fee. The bill requires all employers to agree not to advertise jobs solely to H-1B workers and prohibits employers from outsourcing the labor of an H-1B worker by requiring that the alien work only at the worksite of the employer. Additionally, among other provisions, the H-2B Returning Worker provisions would be extended for 3 years.

Status: On April 10, 2008, Sen. Cornyn (R- TX) introduced S. 2839. The bill was read twice and referred to the Senate Committee on the Judiciary.