How People Voted
 |
 |
48% For, 52% Against
Take Action
  |
Alert Your Friends and Colleagues |
  |
Write Your Representative in Congress |
| Save & Share | |
 |
del.icio.us |
 |
Digg |
 |
|
 |
|
 |
|
 |
Yahoo! |
S. 1035, The H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Original version created by webmaster
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
Latest Major Action: 3/29/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
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!)
Learn More
RSS Feeds for This Bill
Keep yourself updated on user contributions and debates about this bill! (Learn more about RSS.)
Visitor Comments
vote-FOR-this-Bill
April 30, 2007, 7:37pm (report abuse)Please read the story in the following link to get an idea of what H1B fraud is:
http://techpol.blogspot.com/2006/01/h1-b-workers-swindled-and-fear.html... />
This kind of fraud hurts everybody. This bill, if passed is the first step towards curbing this kind of fraud. I am all for it. I hope the Government passes this bill.
jgo
May 8, 2007, 1:22pm (report abuse)Here's another bit of H-1B fraud uncovered
http://pressherald.mainetoday.com/news/immigration/index.html
But the real story is that most of the fraud is completely legal. Durbin/Grassley is only a tiny improvement.
Weaver
May 8, 2007, 1:44pm (report abuse)Misuse and abuse throw the entire guestworker concept into question.
In the EB greencard program, CIS regards some categories as "oversubscribed." Yet the OIG reports that the Intra-company (L-1)visas are 90% computer-related and H-1B Computer-related occupations represent 41.7% of all 2001-2005 initial employment H-1B approvals.
The BLS reports that Computer-Related payroll occupations represents 3.09% of the 2005 Full-Time wage and salary earners for 2005.
Sources and documentation here:
http://immigration-weaver.blogspot.com/
damien
May 23, 2007, 1:59pm (report abuse)The best way to prevent H1B abuse is to enable H1B visa holders to freely change jobs, i.e. to make the visa belong to the person rather than the company.
Boss
May 25, 2007, 12:02pm (report abuse)Everyone tries to comment on Hijacking american workforce through H1B ,I agree that some provisions need to be added to prevent abuse , but this bill in correct form will eliminate H1B, May be thats what the proposers want. But the same senators are in line to support 12 Million Illegal immigrants wont that effect any market at all ? How funny ?
There are simple ways to prevent abuse as to limit % of employees a company can have and min wage issues this will drive everything away and make H1B based employers to be more responsible.
Ram
May 26, 2007, 5:53pm (report abuse)H1B workers played a very good role during the tech boom. During the tech boom an entire industry called internet was born and gave jobs to millions of americans. Just look at the growth of the technology industry and the huge cash they have. America is the undisputed leader in the world in Information Technology industry and implementation. How did it happen? American ideas and business mind combined with technology workers and H1B did play a good part. Due to H1B Visa program, companies got more people with good skill set to implement their systems. USCIS must have all the H1B related data. Why don't they release them and clear the air. If fraud is there then it is easy to track it down. Why so much politics? It is sad that some technology workers do not think of the contributions of H1B workers and paint the whole scenerio in same color.
H1BGOHOME
June 3, 2007, 12:29pm (report abuse)Milton Friedman says H1-b is just another subsidy, I think he is right on the money, no pun intended ;)
http://www.computerworld.com/careertopics/careers/labor/story/0,10801,7...
Alex
June 5, 2007, 9:07am (report abuse)Best way to prevent H1B fraud, espionage, wage suppression, etc...AND to close the loophole that will allow terrorists in the country is to STOP THE PROGRAM. They aren't needed or wanted.
Jairaj Yadav
June 27, 2007, 9:00am (report abuse)At least there is some protection for H-1B but there is none for L-1 visa holders who are very much used and abused.
Both need reforms and more over body shopping must be stopped. Visa holders should be in position to report misuse.
If average salary for similar experience and job is strictly implemented, misuse will come down.
Mandy
June 29, 2007, 6:24pm (report abuse)Well All Americans who complain H1b take this:
You want to open McD Restaurants in India, Sell you TVS and machines in india, sell compressors and turbines in India - Dont all this hurt local makers when these multiNational invade the market. Dont locat restaurants get hurt when McD opens next door. They have to fire people or even shut down. American company sells product in India by causing loss of Indian jobs/busineses and pay millions in taxs to US Govt from their income - you want to enjoy that tax money on job losses in India.
OPEN YOUR EYES AND DONT CRY LIKE KIDS. YOU WANT TO ENTER OUR COUNTRY AND DONT WANT US TO ENTER YOURS.....you want to enjoy the fruits of global economy and dont wants others to enjoy it
Manish
August 8, 2007, 8:55am (report abuse)Mandy, where I totally understand your concern, I would like to remind you that MNC and Foreign Company's make business guided by our (Indian)Foreign Trade Policies and does not effect Economy on a wider scenario.
We here are discussing on H/L misuse which means Non-Immigrant Workers at US doing a Job which can be done by a US citizen (Engineer).
What i can suggest with my least knowledge is US Immigration and Policies and Consulates should be more stringent on Visa issuance. Keeping a tab on nature of Job and Profile will definetely reduse misuse.
Second option could be raising filing fees for Temporary Visas.
Lastly i would suggest to have a Lower wage rate as per LCAs on suburb cities which would work towards Reducing Interest on US Visa.
Paul
September 10, 2007, 1:24pm (report abuse)A job that an AMERICAN did $60,000, hire a H1B now that same job is $30,000. So many unemployed but we need to hire someone from the other side of the world? Give me a break.........
mike
November 29, 2007, 6:12pm (report abuse)http://www.youtube.com/watch?v=bOqOxYr4F18
steve
December 6, 2007, 3:18pm (report abuse)I have enjoyed working along side my Indian counter parts and I hope fair and just arrangements can be made to continue this. Fair to the holders of the Visas, and fair to the US workforce. If this can be done everyone benefits – we need you guys.
The Indian and American workers are both victims not perpetrators. For corporations, on both sides of the water, this works great because it plays us off against each other. For a great many Indian consultants, their home company had to have made fraudulent statements for them to be in the US working. This leaves them like indentured servants and us trying to compete with indentured servants; while the rich get richer.
We should create an immigration law that would openly allow this activity with reasonable controls. For those US developers who think we do not need the Indian workers - at this point they are most likely saving more jobs by preventing off shoring, than they are taking. Little chance.
steve
December 7, 2007, 8:52pm (report abuse)No one answered yet so I’ll just keep talking.
To my Indian counterparts indentured to corporations like Wipro, Padme etc; if you were really free to compete in the American job market you would want to be paid what I am paid and would most likely get it. We would compete on the basis of skill witch, especially in the last few years; you have really started closing the gap on. The blind eye of corporation and governments helps someone -- but not you and me.
Wayne
January 2, 2008, 8:43pm (report abuse)This bill also should address the need to export the H-1B workers after their need has been fulfilled.
As has happened in many cases, American workers have been and are still continuing to be laid-off as corporations are cutting cost, wile the foreign workers brought in to fill the gap in time of prosperity are remaining in the employ of these corporations.
And for those of you concerned about the impact in the foreign countries remember this. It is the role of the United States Government to protect the interests of American citizens, not those of other countries.
jgo
January 28, 2008, 4:11pm (report abuse)Americans want to "open McD restaurants in India, Sell you TVS and machines in india, sell compressors and turbines in India"...
Well, a few executives may, but I do not. Why should we let you have our great products so cheaply? Why should US tax-victims give thousands of your students in the USA an advanced education only to let you steal our intellectual property and take our research techniques with you?
There should be reasonable limits, in numbers that can undergo and pass proper background investigations. We should let in ONLY the truly best and brightest, and the O visa exists for that purpose. Most of the F, and nearly all of the H, J and L visas are over-kill.
Rosemary
September 15, 2008, 10:40am (report abuse)I the H-1B "Job" that was given to a neighbor so that she can stay in the USA and work. What a complete joke. There is nothing special or technical about her job. She is a glorified Administrative Assistant. Yet she is taking a job that even an unskilled (or one returning to the workforce) could peform. This to me is FRAUD.
Just because some "bogus" Indian Company agrees to sponsor all of these people, the USA is now stuck with them.
Carl Kelley
October 28, 2008, 10:42am (report abuse)The original H-1B deal was that one immigrant would fill one opening. Since its inception, H1-B visas have been granted to temp agencies who fill many openings over time with the same immigrant. The H1-B immigrants have no mobility with which to bargain for wage increases. If they change sponsors, they must move to the back of the green card line. Green cards now take 6-7 years. That makes H1-B workers, in effect, indentured servants working for a very low wage.
Temp agencies have made H1-B's the low-cost, low-risk alternative to hiring domestic engineers. Recently, I saw the resume of Indian-born software engineers that cover 10 Fortune-500 companies over 8 years. I've befriended H1-B's who work for temp agencies and tell me they are getting less than half of what the client is paying. The temp agencies are getting money for nothing, the H1-Bs are sleeping in bunk beds while American-born engineers are being passed over.
NO MORE H-1B VISAS FOR TEMP AGENCIES!