Posted on 11/11/2015 12:09:13 PM PST by ConservingFreedom
U.S. Senators Chuck Grassley, Chairman of the Senate Judiciary Committee, and Dick Durbin, Assistant Democratic Leader, today are introducing bipartisan legislation that would reform the H-1B visa program, consistent with Congress's original intent, by ensuring that qualified American workers are given the first opportunity at high-skilled job opportunities. The legislation makes reforms to increase enforcement, modify wage requirements and ensure protection for American workers as well as visa holders. Grassley and Durbin first introduced this legislation in 2007 and have been long-time proponents of H-1B reform.
"The H-1B visa program was never meant to replace qualified American workers, but it was instead intended as a means to fill gaps in highly specialized areas of employment that cannot be filled by Americans. The abuse of the system is real, and media reports are validating what we have argued against for years, including the fact that Americans are training their replacements," Grassley said. "There's a sense of urgency here for Americans who are losing their jobs to lesser skilled workers who are coming in at lower wages on a visa program that has gotten away from its original intent. Reform of the H-1B visa program must be a priority."
"Reforming the H-1B and L-1 visa programs is a critical component of fixing our broken immigration system and must be included in comprehensive immigration reform legislation," said Durbin. "For years, foreign outsourcing companies have used loopholes in the laws to displace qualified American workers and facilitate the outsourcing of American jobs. The H-1B and L-1 Visa Reform Act would end these abuses and protect American and foreign workers from exploitation. I thank Senator Grassley for partnering with me on this important bipartisan legislation."
The bill is also cosponsored by Senators Bill Nelson, Richard Blumenthal, and Sherrod Brown.
Grassley and Durbin's efforts have long focused on making qualified American workers the first priority for employers. The bill, as in previous years, requires all employers who seek to hire H-1B visa holders to first make a good faith effort to recruit American workers.
The bill would also prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50 percent of their employees are H-1B and L-1 visa holders. This provision would crack down on outsourcing companies that import large numbers of H-1B and L-1 workers for short training periods and then send these workers back to their home country to do the work of Americans.
The bill also gives the Department of Labor enhanced authority to review, investigate, and audit employer compliance with program requirements, as well as to penalize fraudulent or abusive conduct. It requires the production of extensive statistical data about the H-1B and L-1 programs, including wage data, worker education levels, place of employment and gender.
The bill clarifies that working conditions of similarly employed American workers may not be adversely affected by the hiring of the H-1B worker, including H-1B workers who have been placed by another employer at the American worker's worksite. In addition, it explicitly prohibits the replacement of American workers by H-1B or L-1 visa holders. These provisions address the types of abuses that have been well-documented in recent press reports.
The Grassley-Durbin reform bill will for the first time prioritize the annual allocation of H-1B visas. The new system would ensure that the best and brightest students being educated in the United States receive preference for an H-1B visa. The preference system also gives a leg up to advanced degree holders, those being paid a high wage, and those with valuable skills.
In addition, the bill includes several reforms of the L-1 visa program. These include establishment of a wage floor for L-1 workers; authority for the Department of Homeland Security to investigate, audit and enforce compliance with L-1 program requirements; assurance that intra-company transfers occur between legitimate branches of a company and don't involve "shell" facilities; and a change to the definition of "specialized knowledge" to ensure that L-1 visas are reserved only for truly key personnel.
The abuses you cite are a violation of several dozen labor laws. Why is no one bringing suit?
Thanks for the material- I was also thinking of getting Michelle Makin’s book.
First of all, the trades are considered traditionally to be outside of the domain of “skilled work” versus STEM+Business. That’s just how it has been recognized, even if the skill is on par with mentally-driven work.
While they can be quite good for someone, that still puts them on a lower-yield track - domestically or internationally. In the US, it means a reduced amount of viable time for a career by virtue of health issues. Internationally, trades might confer favorable status as a guest worker, but not necessarily the same as a skilled STEM worker. If these are not an issue (and one recognizes that the trades are not a non-STEM panacea), then all is otherwise well.
If you want to get rid of something, start with the 1965 Immigration Act and its alphabet morass of programs. That’s a large distortion to the US labor market and has no legitimate use - only fraud/abuse.
In addition to ConservingFreedom’s reply there are three more red herrings.
There is record unemployment among up-to-date talented experienced proven STEM professionals.
A large number ofl those in IT did not study IT as a college major.
One half of STEM graduates can not get jobs in their field. In other words there are more graduates than jobs.
Memo to GOP: Curb Immigration or Quit
http://www.rollcall.com/news/memo_to_gop_curb_immigration_or_quit_commentary-244263-1.html?zkPrintable=true
Very Thorough Analysis:
http://www.epi.org/files/2013/bp359-guestworkers-high-skill-labor-market-analysis.pdf
San Antonio is not far down the road. A friend who works in IT there says finding & keeping good people is difficult. Wages are climbing because of it. Your buddy might want to consider relocating.
Ted Cruz, please get behind this effort instead of trying to increase H-1B visas fivefold.
Seen this one?
Sen. Ted Cruz changes his tone on H-1Bs
Related: Ted Cruz on the Vince Coakley Radio Show (Cruz on H-1Bs)
Hmm...This is good to see. My initial reaction? “HIGH TIME” he revisited this...Hope he not only revisits it but changes his position!!!
I could not listen to the radio link, but in the article he did not say he specifically would disavow his idea to INCREASE visas 500 PERCENT...
That is what I am waiting for....I want him to disavow his plan to increase H-1B visas by 500%. If he does that, it is a whole new ball game.
I’ve seen elephants fly again!!! It is a rarety that I can agree with Durbin. Although it is interesting that this has happened twice this year—the last time was a couple months ago on the TPP bill.
GOP elite pushing away the base big time!
Amen! Cruz and his big-money backers need to understand that H-1B support is an albatross around his neck.
“The entire H1B program can be solved by requiring employers pay 125% of the prevailing national wage for these positions. Voila, no problem.”
And, voila, a whole new government bureaucracy is required to determine the prevailing national wage for various techy positions. But yeah, I get your drift.
And, voila, a whole new government bureaucracy is required to determine the prevailing national wage for various techy positions.
With that requirement in place, the fiction of "shortage" will be exposed as H-1B requests dry up - leaving little work for a bureaucracy to do.
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