WashingtonWatch.com - Revisions for S. 1035, The H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007

Revision by programmersguild (May 10, 2007, 08:52:40)

Thu, 10 May 2007 07:52:40 EDT

S. 1035 would amend the Immigration and Nationality Act to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.

Detailed Summary

Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) and L-1 (intracompany transfer) nonimmigrant aliens.

Revises H-1B provisions to: (1) subject all H-1B employers (currently H-1B dependent employers) to such provisions; (2) lengthen U.S. worker displacement protection; (3) authorize the Secretary of Labor to initiate an H-1B employer investigation; and (4) increase employer penalties.

Sets forth employer petition requirements for an L-1 alien coming to the United States to open, or be employed in, a new facility.

Prohibits blanket L-1 petitions.

Authorizes the Secretary of Homeland Security to initiate an L-1 employer investigation.

Sets forth L-1 employer penalty provisions.

Provides H-1B and L-1 alien whistleblower protections.

Authorizes the Secretary of Labor to hire 200 additional employees to administer H-1B programs.

Status of the Legislation

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Points in Favor

Provided by www.programmersguild.org

S.1035 by Durbin and Grassley would add some basic protections for U.S. workers to the H-1b guestworker program:

The bill makes the "recruitment of U.S. workers provision" apply to all H-1b employers. Currently only the 1% of "H-1b-dependent" employers must first recruit U.S. workers. Indian bodyshops can hire exclusively H-1b provided they either pay their workers $60,000 or hire workers with at least a masters degree - in which case there is no minimum salary. This explains why many bodyshop ads require a masters degree.

This bill bars the "displacement of U.S. workers." Currently it is legal for employers to use the H-1b visa to displace qualified American workers.

The bill calls for a prevailing wage based on the average wage of U.S. workers in the same classification, as opposed to the current H-1b "prevailing wage" which is the 17th percentile of what average Americans earn in the same jobs. (Ref: http://www.prweb.com/releases/2006/7/prweb407549.htm)

The bill calls for jobs to be advertised on the DOL website for 30 days.

While these provisions will not guarantee that qualified Americans do not continue to be displaced by H-1b workers, they at least provide a base level of protection.

The fundamental duty to Congress is to protect the interests of Americans, which includes the liberty to pursue one's chosen profession. If there are labor shortages, wages will rise, thus drawing in more workers: Limit H-1b to those few instances where no Americans are available, and let the free market fill the remaining positions.

The Programmers Guild is interested in learning who and why anyone is opposed to giving qualified Americans preference for American jobs.

Points Against

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Revision by programmersguild (May 10, 2007, 00:31:34)

Wed, 09 May 2007 23:31:34 EDT

S. 1035 would amend the Immigration and Nationality Act to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.

Detailed Summary

Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) and L-1 (intracompany transfer) nonimmigrant aliens.

Sets forth employer petition requirements for an L-1 alien coming to the United States to open, or be employed in, a new facility.

Prohibits blanket L-1 petitions.

Authorizes the Secretary of Homeland Security to initiate an L-1 employer investigation.

Sets forth L-1 employer penalty provisions.

Provides H-1B and L-1 alien whistleblower protections.

Authorizes the Secretary of Labor to hire 200 additional employees to administer H-1B programs.

Status of the Legislation

(Log in to edit the wiki and be the first to update the status of the bill!)

Points in Favor

S.1035 by Durbin and Grassley would add some basic protections for U.S. workers to the H-1b guestworker program:

This bill bars the "displacement of U.S. workers." Currently it is legal for employers to use the H-1b visa to displace qualified American workers.

The bill calls for jobs to be advertised on the DOL website for 30 days.

While these provisions will not guarantee that qualified Americans do not continue to be displaced by H-1b workers, they at least provide a base level of protection.

The Programmers Guild is interested in learning who and why anyone is opposed to giving qualified Americans preference for American jobs.

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

Revision by programmersguild (May 10, 2007, 00:24:01)

Wed, 09 May 2007 23:24:01 EDT

S. 1035 would amend the Immigration and Nationality Act to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.

Detailed Summary

Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) and L-1 (intracompany transfer) nonimmigrant aliens.

Sets forth employer petition requirements for an L-1 alien coming to the United States to open, or be employed in, a new facility.

Prohibits blanket L-1 petitions.

Authorizes the Secretary of Homeland Security to initiate an L-1 employer investigation.

Sets forth L-1 employer penalty provisions.

Provides H-1B and L-1 alien whistleblower protections.

Authorizes the Secretary of Labor to hire 200 additional employees to administer H-1B programs.

Status of the Legislation

(Log in to edit the wiki and be the first to update the status of the bill!)

Points in Favor

S.1035 by Durbin and Grassley would add some basic protections for U.S. workers to the H-1b guestworker program:

This bill bars the "displacement of U.S. workers." Currently it is legal for employers to use the H-1b visa to displace qualified American workers.

The bill calls for a prevailing wage based on the average wage of U.S. workers in the same classification, as opposed to the current H-1b "prevailing wage" which is the [http://www.prweb.com/releases/2006/7/prweb407549.htm 17th percentile of what average Americans earn in the same jobs].

The bill calls for jobs to be advertised on the DOL website for 30 days.

While these provisions will not guarantee that qualified Americans do not continue to be displaced by H-1b workers, they at least provide a base level of protection. The fundamental duty to Congress is to protect the interests of Americans, which includes the liberty of pursuing one's chosen profession. If there are labor shortages, wages will rise, thus drawing in more workers: Limit H-1b to those few instances where no Americans are available, and let the free market fill the remaining positions.

The Programmers Guild is interested in learning who and why anyone is opposed to giving qualified Americans preference for American jobs.

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

Revision by programmersguild (May 10, 2007, 00:09:46)

Wed, 09 May 2007 23:09:46 EDT

S. 1035 would amend the Immigration and Nationality Act to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.

Detailed Summary

Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) and L-1 (intracompany transfer) nonimmigrant aliens.

Sets forth employer petition requirements for an L-1 alien coming to the United States to open, or be employed in, a new facility.

Prohibits blanket L-1 petitions.

Authorizes the Secretary of Homeland Security to initiate an L-1 employer investigation.

Sets forth L-1 employer penalty provisions.

Provides H-1B and L-1 alien whistleblower protections.

Authorizes the Secretary of Labor to hire 200 additional employees to administer H-1B programs.

Status of the Legislation

(Log in to edit the wiki and be the first to update the status of the bill!)

Points in Favor

S.1035 by Durbin and Grassley would add some basic protections for U.S. workers to the H-1b guestworker program:

This bill bars the "displacement of U.S. workers." Currently it is legal for employers to use the H-1b visa to displace qualified American workers.

The bill calls for jobs to be advertised on the DOL website for 30 days.

While these provisions will not guarantee that qualified Americans do not continue to be displaced by H-1b workers, they at least provide a base level of protection.

The Programmers Guild is interested in learning who and why anyone is opposed to giving qualified Americans preference for American jobs.

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)

Revision by webmaster (May 10, 2007, 00:09:46)

Wed, 09 May 2007 23:09:46 EDT

S. 1035 would amend the Immigration and Nationality Act to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.

Detailed Summary

Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) and L-1 (intracompany transfer) nonimmigrant aliens.

Sets forth employer petition requirements for an L-1 alien coming to the United States to open, or be employed in, a new facility.

Prohibits blanket L-1 petitions.

Authorizes the Secretary of Homeland Security to initiate an L-1 employer investigation.

Sets forth L-1 employer penalty provisions.

Provides H-1B and L-1 alien whistleblower protections.

Authorizes the Secretary of Labor to hire 200 additional employees to administer H-1B programs.

Status of the Legislation

(Log in to edit the wiki and be the first to update the status of the bill!)

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)