Employ American Workers Act - Why this is bad for America?

[whitecollarslave]

I am trying to come up with reasons why the "Employ American Workers Act" aka H-1b ban is bad for America.

Below is the text of the act from the current amendment. I believe this is the current version on the Senate and if passed will go to the House.
The entire bill - http://www.c-span.org/pdf/nelson_collins.pdf

SEC. 1610. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.
(a) SHORT TITLE.—This section may be cited as the ‘‘Employ American Workers Act’’.
(b) PROHIBITION.—
(1) IN GENERAL.—Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110–343) or section 13 of the Federal Reserve Act (U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H–1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.—In this subsection, the term ‘‘hire’’ means to permit a new employee to commence a period of employment.
(c) SUNSET PROVISION.—This section shall be effective during the 2-year period beginning on the date of the enactment of this Act.

Here is one reason why this is bad. Please suggest your ideas.

- Many of the beneficiaries of H-1B visas are graduates of U.S. universities. We trained these foreign nationals, many of them funded by Americans from our top schools. Why should we allow these graduates to go overseas and compete with us? It does not protect the interest of American workers.

[belmontboy]

I am assuming here that current employees (both H1B and EADs) are also impacted by this amendment.

Many H1B's currently employed by TARP recepients own a house. This amendment would seriously undermine their financial stability, worst case another foreclosure.
Why would throwing out an immigrant out of his house solve this problem?
Its lame to think that such an amendment would solve foreclosure issues. All it would do is feed more to the fire!

BTW, what do you plan to do with our responses??

[belmontboy]

If companies cannot hire skilled people here, they will go to countries where they can find one. This amendment would encourage offshoring, outsourcing more than retaining jobs in USA.

[BECsufferer]

Originally Posted by whitecollarslave

I am trying to come up with reasons why the "Employ American Workers Act" aka H-1b ban is bad for America.

Below is the text of the act from the current amendment. I believe this is the current version on the Senate and if passed will go to the House.
The entire bill - http://www.c-span.org/pdf/nelson_collins.pdf



Here is one reason why this is bad. Please suggest your ideas.

- Many of the beneficiaries of H-1B visas are graduates of U.S. universities. We trained these foreign nationals, many of them funded by Americans from our top schools. Why should we allow these graduates to go overseas and compete with us? It does not protect the interest of American workers.

As a beneficary of above I can totaly relate to your argument. But listen to ground situation, the current job prospects are very bleak and so is the economy. In such times it is very common for politicians to install such regulations. This will happen in any other country too, it's momentary and needed step in light of local situation. Please note, not all the H1-B recipeints are US graduates, plus US university education and training is for academic enlightenment not right to employment in USA, rather a previleage.

No offense, what so ever to anyone.

[gc28262]

Another important point is Humanitarian consideration.

Maybe we cannot argue for new H1s, but people currently in the country should be allowed to continue here.

Many of the H1Bs here have made long term plans here. Paid taxes all these years, contributed to social security and medicare ( maybe quote the amount) though they are not eligible to receive these benefits as non-immigrants.

Forcing these people with years of experience in US to leave US will make them valuable assets for companies competing for american jobs from outside US.

Many of the successful companies in US were founded by Immigrants. With these talented professionals forced out of the country, they will impair American competitiveness.

[ajay]

It is always true that citizens should be given the advantage. But everybody should be given an opportunity where everybody could compete for jobs and get placed accordingly. Now, every individual should be paid also equally regardless of the nationality.
I know that our people have a tendency to quote for less to get the projects soon. But I don't know if it is going to bring the right talent.
Now, all those people who are waiting on greencards will have a dilemma when something like this happens. Our group should point out by showing our hard work and the pain we had goine through in this country.
I would definitely support anything that can support our community to bring our interests which will not anyway create troubles to the Citizens.


Cheers

[mayhemt]

Going by this trend, next thing will be ban on E-mails, as it hurts USPS mail & jobs. Everybody go back to Stone age..

[a_paradkar]

wouldn't only H1 & L1 be affected by this, why EAD?

[gapala]

Its unfortunate that these senators are so weak to handle this economic down turn. Instead of working towards stabilization and eventual growth, they are passing the burden on to a particular class of people who live in this country.

They seems to believe that passing the problems on to others will relieve you from the pain. This would sure create problems for non immigrants in this country and they may face foreclosure of home and may not even qualify for government assistance and support. Lot of them may be forced to return to home countries.

Will this really solve their economic and social issues? No.

[nk2006]

When bringing up this amendment, senators quoted how the bailout companies are employing H1b's and told the senate that this amendment is to curtail that. They are completely wrong on the first assumption: that there are thousands of H1b's at these companies and that these people are recruited 'over' american citizens - we all know that this assumption is wrong, h1b program itself has measures to avoid employers recruiting anyone 'over' citizens. Another assumption that senators are making is that once direct recruitment of H1B's is banned in these companies those said positions will be filled with citizens - they are again dead-wrong on that. If companies are not allowed to recruit who they want to recruit - they have a very easy route - just outsource, they may not outsource it to off-shore companies but can always outsource it to local outsource companies or body-shoppers. Flash news to senators: those outsource or body-shopping companies will recruit same h1B's. This will actually incur more expenses to the financial companies and benefit the middlemen model of IT business.

All this measure is doing is short change the common-folk H1B's and enrich the middle-men - so much for the hype of change that we all can believe in. To all who are saying that citizens should come first and so this amendment is right: yes you are right every government should work for their people and look after their interests. But this amendment is not achieving that, its just a political ploy based on a brain-dead report by some idiotic reporters. If you look into any major economists theories (for the current financial mess) pretty much everyone suggests that closing doors is not the correct policy; pretty much everyone suggests more open trade policies and H1b is in-fact works in favor of US in trade policies as a detterant against offshore outsourcing. If there are any irregularities in implementation of H1B - they should be worked on instead of a blanket ban.

[sdrblr]

One thing we need to remember is these senators are talking to their constituents(read vote banks) and average Joe wants to hear such talks when he is out of work. He may not have the skills or knowledge to differentiate what is true/ false. Such talks will help in the primaries which is due in a year or two if you are up for re-election.

Why talk about US, don't we have this in India where politicians discriminate people from other states (remember they are still Indian Citizens) to protect their vote banks. (example MNS in Maharashtra against North Indians, TN against Karnataka etc). Atleast in US they are talking about USC v/s non-USC

[newuser]

I thought this rule applies to only new hires on HIB.

Does it affect the H1b renewals, EAD's also?

[dvb123]

Since two visa categories are expiring can these visa numbers be allotted to India and China?

EB4 + EB5 -----Rollover------>EB1 ----Rollover----->EB2
Can IV fight for this?

Employment Fourth Preference Certain Religious Workers:

Pursuant to Section 2(a) of the Special Immigrant Nonminister Religious Worker Program Act (Pub. L. No. 110-391), the nonminister special immigrant program expires on March 6, 2009. No SR-1, SR-2, or SR-3 visas may be issued overseas on or after March 6, 2009. Visas issued prior to this date may only be issued with a validity date of March 5, 2009, and all individuals seeking admission as a nonminister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight March 5, 2009.

Employment Fifth Preference Pilot Categories(I5, R5):

Pursuant to Section 144 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329), the immigrant investor pilot program will expire on March 6, 2009. No I5-1, I5-2, I5-3, R5-1, R5-2 or R5-3 visas may be issued after March 6, 2009.

The initial cut-off dates for the categories mentioned above have been listed as “current” for March. If these categories have not been extended based on legislative action those cut-off dates will become “unavailable” effective March 7, 2009.

Employment Fourth Preference Certain Religious Workers:

Pursuant to Section 2(a) of the Special Immigrant Nonminister Religious Worker Program Act (Pub. L. No. 110-391), the nonminister special immigrant program expires on March 6, 2009. No SR-1, SR-2, or SR-3 visas may be issued overseas on or after March 6, 2009. Visas issued prior to this date may only be issued with a validity date of March 5, 2009, and all individuals seeking admission as a nonminister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight March 5, 2009.

Employment Fifth Preference Pilot Categories(I5, R5):

Pursuant to Section 144 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329), the immigrant investor pilot program will expire on March 6, 2009. No I5-1, I5-2, I5-3, R5-1, R5-2 or R5-3 visas may be issued after March 6, 2009.

The initial cut-off dates for the categories mentioned above have been listed as “current” for March. If these categories have not been extended based on legislative action those cut-off dates will become “unavailable” effective March 7, 2009.





First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

[senthil1]

All of your statements may be correct. Similar situation was there on 1930's as so many economists and many countries opposed protectionist bill and still congress went ahead. No one could stop even that bill was deadly. Basically they are trying to satisfy some of their citizens demands. There were many US citizens are calling congressmen that they are losing job because of h1b people and outsourcing. Anti immigrant calls to Senators were much more than pro immigrant calls for recent few years. So I doubt they will think too much about long term. Corporations are also weak after recession started and I think number of calls are going to make the difference in coming months. Only improvement in economy can help immigrants

Originally Posted by nk2006

When bringing up this amendment, senators quoted how the bailout companies are employing H1b's and told the senate that this amendment is to curtail that. They are completely wrong on the first assumption: that there are thousands of H1b's at these companies and that these people are recruited 'over' american citizens - we all know that this assumption is wrong, h1b program itself has measures to avoid employers recruiting anyone 'over' citizens. Another assumption that senators are making is that once direct recruitment of H1B's is banned in these companies those said positions will be filled with citizens - they are again dead-wrong on that. If companies are not allowed to recruit who they want to recruit - they have a very easy route - just outsource, they may not outsource it to off-shore companies but can always outsource it to local outsource companies or body-shoppers. Flash news to senators: those outsource or body-shopping companies will recruit same h1B's. This will actually incur more expenses to the financial companies and benefit the middlemen model of IT business.

All this measure is doing is short change the common-folk H1B's and enrich the middle-men - so much for the hype of change that we all can believe in. To all who are saying that citizens should come first and so this amendment is right: yes you are right every government should work for their people and look after their interests. But this amendment is not achieving that, its just a political ploy based on a brain-dead report by some idiotic reporters. If you look into any major economists theories (for the current financial mess) pretty much everyone suggests that closing doors is not the correct policy; pretty much everyone suggests more open trade policies and H1b is in-fact works in favor of US in trade policies as a detterant against offshore outsourcing. If there are any irregularities in implementation of H1B - they should be worked on instead of a blanket ban.

[whitecollarslave]

If we cannot come up with few reasons why this act is bad for American how can we expect the joint House-Senate committee to take any action against it?

FYI - the Senate just passed the bill; as far as I can tell, it has the H-1B ban. Now its up to the joint committee.
Grassley is part of this committee.