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Old 04-20-2009, 07:54 PM
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Default Update: Bill disguised as 'Americans First' under consideration

http://immigrationvoice.org/forum/se...archid=1611042

'Americans first' gaining traction
By: Gebe Martinez
April 20, 2009 04:19 AM EST


Tapping into voters’ anger over growing job losses, a Senate
Democratic leader and an Iowa Republican are ready to reignite debate
on a bill that would tighten the rules for companies that hire highly
educated, “specialty occupation” foreign workers.

The “American first” proposal by Senate Majority Whip Dick Durbin
(D-Ill.) and Sen. Chuck Grassley (R-Iowa) would require companies to
prove an American worker was not displaced by the hiring of an H-1B
temporary worker. The bill also includes L-1 visas for foreigners
transferring from their home offices to U.S. facilities.

Increased oversight of H-1B visas — issued to college-educated
foreigners only when qualified Americans cannot be found — was
squeezed into the economic stimulus plan signed into law in February
by President Barack Obama.

The provision, co-sponsored by Grassley and Sen. Bernie Sanders
(I-Vt.), requires any bank or company receiving federal bailout funds
to look for Americans first when hiring.

“When [Americans] lose their jobs, they should not be cast aside
because lower-cost foreign workers are available,” Sanders said
recently in a letter to the Manchester Journal newspaper.

Opponents argue the small H-1B program already has labor and wage
protections for American workers and is being needlessly attacked. The
stimulus bill’s provision was aimed at the banking industry, which
holds less than 1 percent of the H-1Bs.

Such measures are “protectionist and self-defeating,” Goldman Sachs
Chairman and Chief Executive Officer Lloyd C. Blankfein said recently,
because the highly skilled foreign workers help create new jobs that
are especially needed during this recession.

The Durbin-Grassley bill made little progress when it was offered two
years ago, but the “American first” sentiment has gained traction as
unemployment rises and attention is paid to the outsourcing of
American jobs.

Also, the vacuum created by Washington’s failure to enact
comprehensive immigration reforms has given immigration
restrictionists room to sharply question whether foreign workers have
better job security.

In a sign that companies are not abusing the system, the visa
application period that began April 1 showed a major decrease in new
H-1B requests, in line with the economic downturn.

It has taken weeks to reach the 65,000 annual cap for new H-1Bs.
(Another 20,000 visas are issued to advanced degree holders.) By
contrast, the cap was reached in the first and second days of the 2009
and 2009 filing periods — unusually early — according to the U.S.
Citizenship and Immigration Services.

Microsoft Corp., which currently has 1,038 H-1B visa employees — the
fifth largest number — reduced its petitions. The company wants to
hold onto its current visa workers to avoid losing them to a foreign
competitor, an official said.

Still, reports of fraud are up.


In February, federal authorities arrested 11 people in seven states in
a visa and mail fraud probe. Foreign workers were allegedly hired for
technology jobs in Iowa that were not federally certified; some were
not paid, while others got Iowa’s prevailing wage but were sent to
other states with higher wage scales.

Suspected fraud and reduced demand for H-1Bs prompted Texas Rep. Lamar
Smith, the House Judiciary Committee’s senior Republican, to withdraw
his plan to raise the visa cap from 65,000 to 195,000, which had been
the limit from 2001 to 2003.

Political pressure to hire Americans and lay off foreigners led Wells
Fargo & Co., a major recipient of the bailout money, to review its
current and future needs for visas.

Others are pushing back.

Goldman Sachs has about 200 H-1B employees, Blankfein said at a recent
meeting of the Council of Institutional Investors. “But we have 2,000
employees who are working overseas and pay U.S. taxes. Do we want to
invite other countries to take punitive measures against us?”

Microsoft also held its ground in January when Grassley suggested in a
letter that H-1B workers be laid off before qualified Americans, as
the company cuts 2,000 to 3,000 jobs over an 18-month period.

Microsoft General Counsel Bradford Smith responded that the company
complies with civil rights law and does not base its compensation
decisions in the U.S. on an employee’s citizenship.

The small visa programs have little to do with the central issues of
the broader immigration debate, such as how to handle the 11 million
illegal immigrants now in the U.S., said Simon Rosenberg, president of
NDN, a progressive group seeking a broad immigration package.

But they have become the stray dogs in this political fight. “It’s
irresponsible the way some members of Congress are going after this,”
Rosenberg said.
Gebe Martinez is a longtime journalist in Washington and a frequent
lecturer and commentator on the policy and politics of Capitol Hill.



http://www.politico.com/news/stories/0409/21424.html
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Last edited by pappu; 04-24-2009 at 08:04 PM.
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  #2 (permalink)  
Old 04-20-2009, 08:06 PM
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Default Leave your comments supporting H1Bs

Leave your comments supporting H1Bs, because you know the next target would be EADs, employment based green cards etc.

Let us voice our opinions in Politico which is a very popular site.
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  #3 (permalink)  
Old 04-20-2009, 10:11 PM
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Post i left my comments

Quote:
Originally Posted by kartikiran View Post
Leave your comments supporting H1Bs, because you know the next target would be EADs, employment based green cards etc.

Let us voice our opinions in Politico which is a very popular site.
I left my comments and let us know if there are any more places where we can post comments. I would recommend to send the links through state chapters

Jose Thomas
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  #4 (permalink)  
Old 04-21-2009, 10:07 AM
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Default more than 4.1 million US citizens work and live outside US

See the link...

more than 1 million live in Mexico alone...
What is the % of population ???
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Old 04-21-2009, 10:08 AM
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Default http://unstats.un.org/unsd/Demographic/meetings/egm/migrationegm06/DOC%2019%20ILO.ppt

http://unstats.un.org/unsd/Demograph...9%20ILO.ppt#12

please see the link
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  #6 (permalink)  
Old 04-22-2009, 01:03 PM
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Default

This bill will be introduced this week/Today.
Stay tuned for updates.
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  #7 (permalink)  
Old 04-22-2009, 02:02 PM
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Default this is from their 2007 bill

This is from their 2007 bill.

Provisions of the Durbin-Grassley bill would change existing law in the following ways:

Currently, the H-1B visa program is criticized for failing to protect American workers.


Under current law, only employers that employ H-1B visa holders as a large percentage of their U.S. workforce are required to pledge that they have attempted to find American workers before bringing in foreign workers. The Durbin-Grassley bill would require all employers seeking to hire an H-1B visa holder to pledge that they have made a good-faith effort to hire American workers first and that the H-1B visa holder will not displace an American worker.

The Durbin-Grassley bill would require that before an employer may submit an H-1B application, the employer must first advertise the job opening for 30 days on a Department of Labor (DOL) website. DOL would also be required to post summaries of all H-1B applications on its website.

The Durbin-Grassley bill would require that H-1B employers may not advertise a job as available only for H-1B visa holders or recruit only H-1B visa holders for a job.

The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.
Currently, so-called "job shops" hire large numbers of foreign workers on H-1B visas for short time periods to train and then outsource these workers offshore.


The Durbin-Grassley bill would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50% of their employees are H-1B visa holders.
Currently, the Department of Labor lacks sufficient oversight and investigative authority over the H-1B program.


The Durbin-Grassley bill would give DOL the ability to conduct random audits of any company that uses the H-1B program, and would require DOL to conduct annual audits of companies with more than 100 employees that have 15% or more of those workers on H-1B visas.

The Durbin-Grassley bill would give DOL authority to review employers' H-1B applications for "clear indicators of fraud or misrepresentation of material fact." Currently, DOL is only authorized to review applications for "completeness and obvious inaccuracies."

The Durbin-Grassley bill would give DOL 14 days to review H-1B applications, instead of the seven days currently permitted.

The Durbin-Grassley bill would give DOL more authority to conduct employer investigations and streamline the investigative process by, among other things, permitting DOL to initiate its own investigations and eliminating the requirement that the DOL Secretary personally authorize an investigation.

The Durbin-Grassley bill would require the Department of Homeland Security (DHS) to share with DOL any information in H-1B visa applications indicating that an H-1B employer is not complying with program requirements.

The Durbin-Grassley bill would strengthen existing whistleblower protections for the H-1B program and establish whistleblower protections for the L-1 program.

The Durbin-Grassley bill would authorize the hiring of 200 additional DOL employees to administer, oversee, investigate and enforce the H-1B program.
Currently, the H-1B and L-1 visa programs are criticized for making it possible for companies to hire foreign workers at lower wages and with fewer rights than Americans, in turn creating incentives for companies to avoid hiring Americans.


The Durbin-Grassley bill would require H-1B and L-1 employers to pay employees the prevailing wage to ensure employers are not undercutting American workers by paying substandard wages to foreign workers.

The Durbin-Grassley bill would require the government to provide H-1B visa holders with information about their rights.

The Durbin-Grassley bill would require H-1B employers to provide an H-1B employee's immigration documents to the employee upon request.
Under current law, experts argue that employers can use the L-1 program to evade restrictions on the H-1B program because the L-1 program does not have an annual cap and does not include protections for American workers. As a result, efforts to reform the H-1B program are unlikely to be successful if the L-1 program is not reformed at the same time.


The Durbin-Grassley bill would limit issuance of L-1 visas for employees of a "new facility" to an initial period of 12 months, which can be extended after the employer demonstrates that the new facility is legitimate.

The Durbin-Grassley bill would prohibit so-called "blanket petitions" for L-1 visas, requiring employers to submit a separate application for each L-1 visa.

The Durbin-Grassley bill would prohibit the outplacement of L-1 visa holders.

The Durbin-Grassley bill would establish a process for DOL to investigate, audit and penalize L-1 employers.
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  #8 (permalink)  
Old 04-22-2009, 02:13 PM
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Default What is the chance

What are the chances of this bill etting passed.
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Old 04-22-2009, 02:19 PM
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Default

Quote:
Originally Posted by snathan View Post
What are the chances of this bill etting passed.
Depends. The current economic downturn plays a major deciding factor. This is a "populist" bill and in this scenerio - it will be easily absorbed.

The sponsors have timed it accordingly.
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Old 04-22-2009, 02:21 PM
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Default

Quote:
Originally Posted by chanduv23 View Post
Depends. The current economic downturn plays a major deciding factor. This is a "populist" bill and in this scenerio - it will be easily absorbed.

The sponsors have timed it accordingly.
Do we need to start any call campaign...?
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Old 04-22-2009, 02:21 PM
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Default Would not Coporate fight to stop it ?

Quote:
Originally Posted by chanduv23 View Post
Depends. The current economic downturn plays a major deciding factor. This is a "populist" bill and in this scenerio - it will be easily absorbed.

The sponsors have timed it accordingly.
As we all know corporate people are much more interested in H1b expantion than giving gc to highly skilled. Wouldn't they lobby hard to stop such bill. Compete America is big one and there may be different. As per one article on Computer World corporate who support no cap on h1b can spend 100 million for lobby....
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  #12 (permalink)  
Old 04-22-2009, 02:24 PM
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Default

After reading this post, I was thinking that this might not effect me as it applies to H1B. But then, I remembered the below quote.

"In Germany, they came first for the Communists, And I didnít speak up because I wasnít a Communist;

And then they came for the trade unionists, And I didnít speak up because I wasnít a trade unionist;

And then they came for the Jews, And I didnít speak up because I wasnít a Jew;

And then . . . they came for me . . . And by that time there was no one left to speak up."

Just something to think and act about if you are nonchalant about this bill being introduced.
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Old 04-22-2009, 02:26 PM
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Default

I doubt the bill will be this much extensive. This 2007 bill was coupled with CIR which might have raised the cap for H1b and green card. Now this bill expected to be very simple and modest similar to Tarp restrictions. They well aware that if they put too much restrictions then the bill will not be passed.

Quote:
Originally Posted by gc_on_demand View Post
This is from their 2007 bill.

Provisions of the Durbin-Grassley bill would change existing law in the following ways:

Currently, the H-1B visa program is criticized for failing to protect American workers.


Under current law, only employers that employ H-1B visa holders as a large percentage of their U.S. workforce are required to pledge that they have attempted to find American workers before bringing in foreign workers. The Durbin-Grassley bill would require all employers seeking to hire an H-1B visa holder to pledge that they have made a good-faith effort to hire American workers first and that the H-1B visa holder will not displace an American worker.

The Durbin-Grassley bill would require that before an employer may submit an H-1B application, the employer must first advertise the job opening for 30 days on a Department of Labor (DOL) website. DOL would also be required to post summaries of all H-1B applications on its website.

The Durbin-Grassley bill would require that H-1B employers may not advertise a job as available only for H-1B visa holders or recruit only H-1B visa holders for a job.

The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.
Currently, so-called "job shops" hire large numbers of foreign workers on H-1B visas for short time periods to train and then outsource these workers offshore.


The Durbin-Grassley bill would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50% of their employees are H-1B visa holders.
Currently, the Department of Labor lacks sufficient oversight and investigative authority over the H-1B program.


The Durbin-Grassley bill would give DOL the ability to conduct random audits of any company that uses the H-1B program, and would require DOL to conduct annual audits of companies with more than 100 employees that have 15% or more of those workers on H-1B visas.

The Durbin-Grassley bill would give DOL authority to review employers' H-1B applications for "clear indicators of fraud or misrepresentation of material fact." Currently, DOL is only authorized to review applications for "completeness and obvious inaccuracies."

The Durbin-Grassley bill would give DOL 14 days to review H-1B applications, instead of the seven days currently permitted.

The Durbin-Grassley bill would give DOL more authority to conduct employer investigations and streamline the investigative process by, among other things, permitting DOL to initiate its own investigations and eliminating the requirement that the DOL Secretary personally authorize an investigation.

The Durbin-Grassley bill would require the Department of Homeland Security (DHS) to share with DOL any information in H-1B visa applications indicating that an H-1B employer is not complying with program requirements.

The Durbin-Grassley bill would strengthen existing whistleblower protections for the H-1B program and establish whistleblower protections for the L-1 program.

The Durbin-Grassley bill would authorize the hiring of 200 additional DOL employees to administer, oversee, investigate and enforce the H-1B program.
Currently, the H-1B and L-1 visa programs are criticized for making it possible for companies to hire foreign workers at lower wages and with fewer rights than Americans, in turn creating incentives for companies to avoid hiring Americans.


The Durbin-Grassley bill would require H-1B and L-1 employers to pay employees the prevailing wage to ensure employers are not undercutting American workers by paying substandard wages to foreign workers.

The Durbin-Grassley bill would require the government to provide H-1B visa holders with information about their rights.

The Durbin-Grassley bill would require H-1B employers to provide an H-1B employee's immigration documents to the employee upon request.
Under current law, experts argue that employers can use the L-1 program to evade restrictions on the H-1B program because the L-1 program does not have an annual cap and does not include protections for American workers. As a result, efforts to reform the H-1B program are unlikely to be successful if the L-1 program is not reformed at the same time.


The Durbin-Grassley bill would limit issuance of L-1 visas for employees of a "new facility" to an initial period of 12 months, which can be extended after the employer demonstrates that the new facility is legitimate.

The Durbin-Grassley bill would prohibit so-called "blanket petitions" for L-1 visas, requiring employers to submit a separate application for each L-1 visa.

The Durbin-Grassley bill would prohibit the outplacement of L-1 visa holders.

The Durbin-Grassley bill would establish a process for DOL to investigate, audit and penalize L-1 employers.
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  #14 (permalink)  
Old 04-22-2009, 02:40 PM
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Default how can we ask us govt people not to support ameican first bill.

Quote:
Originally Posted by snathan View Post
Do we need to start any call campaign...?
Being a alian how can we ask them not to support such american first bill. Like Chandu said they have found perfect timming. We can only add or ask to remove some amendments. That 30 days job posting will be very BAD idea.. becasue what if DOL finds American Citizen who is ready to work. Can compnies wait for 30 days to get people on board ? More hard rule on body shop is good for our community. Also they should make rule to improve wages. but should not make condition to pay more wages to h1b than american.. there are so many stuff we can fight with in this bill.
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Old 04-22-2009, 02:42 PM
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What are the details about this bill available?

I checked in the internet and was able to get the detials about the 2007 failed bill. As we by any chance advetising/propagating for that dick?

Can someone provide more detials about that bill coming up in 2009...
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