Lawmakers Introduce H1-B Visa Reform Bill

[ChromeFoundry]

Source: eWeek

2009-04-27

Legislation wouldn't dismantle the program for guest foreign workers nor does it attempt to change the cap numbers. Instead, the H-1B and L-1 Visa Reform Act takes square aim at employers abusing the program.


Senators Dick Durbin (D-IL) and Charles Grassley (R-Iowa) are continuing their quest to reform the H1-B visa program, re-introducing April 23 legislation aimed at reducing fraud and abuse in the controversial program. The bill does not seek to dismantle the program or change the numerical cap of visas available to petitioning employers.

The two lawmakers introduced similar legislation in the last session of Congress but failed to rally support for the bill. The legislation seeks reforms to increase enforcement, modify wage requirements and ensure protection for visa holders and American workers.

"The H-1B program was never meant to replace qualified American workers. It was meant to complement them because of a shortage of workers in specialized fields," Grassley said in a statement. "In tough economic times like we're seeing, it's even more important that we do everything possible to see that Americans are given every consideration when applying for jobs."

The H1-B program is a temporary work visa program allowing American companies and universities to employ foreign who have the equivalent of a U.S. bachelor's degree n a job category that is classified by the U.S. Citizenship & Immigration Services to be a "speciality occupation." The program is particularly coveted by the technology industry.

Critics of the program have long claimed U.S. employers are using H1-B visas to hire workers for less than the U.S. prevailing rate, but the controversy gained serious traction after the government released a report that highlighted rampant fraud in the program. The report revealed more than a 20 percent violation rate by employers who use the H-1B visa program.



Read more: http://www.eweek.com/c/a/IT-Management/Lawmakers-Introduce-H1B-Visa-Reform-Bill-603449/

[w4rma]

1. The program definitely was meant to replace American workers. That's just not how it was sold. (nt)

[midnight]

4. Thank you for talking sense to this blah blah blah. It was never,

we never could of guessed. Blah Blah Blah.....

[OhioChick]

2. This "good faith" measure hasn't done jack-shit in the past.

I've worked at many companies who have placed an ad in the paper for a position....got hundreds of resumes from qualified U.S. workers....threw them in the trash while stating that they "tried" to hire a U.S. worker....couldn't find one and hired an H-1B.

K&R to Durbin and Grassley for at least bringing this issue of abuse to light.

[ihavenobias]

3. Durbin has been excellent on these issues. n/t

[Azlady]

5. Agree about Durbin, just need the rest to jump on board w/ this bill... n/t

[1durphul]

6. This bill needs to include civil penalties.

This bill needs to include civil penalties against a corporation. If a deserving US citizen engineer is passed up for a position that he is qualified for in favor of an H1B that US Citizen engineer should be able to sue for at least a years worth of salary.

[hootinholler]

10. 2 things

1. Welcome to DU
2. Great idea!

-Hoot

[OhioChick]

11. Welcome to DU!

:hi:

[ChromeFoundry]

12. Agreed...

welcome to DU! :hi:

[primavera]

13. ... and then some.

There are already employer sanctions in place for employers who abuse the system, but like most of the penalties that we're willing to impose upon corporations, they're comically insignificant and the threshold needed to establish culpability is ridiculously high. But I like very much your idea of exposing them to civil litigation - if politicians beholden to corporate contributions to their campaign war chests are unwilling to impose meaningful penalties upon corporations, let the rest of us take a crack at them, we'll be only too happy to give those pricks an effective deterrent.

Welcome to DU! :hi:

[babylonsister]

7. Oops! Dupe. nt

[babylonsister]

8. Good news! I hope they get more support this time. nt

[Phred42]

9. Kabuki - It's NOT nearly enough