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Greg Siskind on Immigration Law and Policy

NFAP: PENDING H-1B AND L-1 SENATE BILLS LIKELY VIOLATE TRADE LAWS

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The National Foundation for American Policy has issued an important report analyzing the interplay between of trade laws and S.887 and S.2804, bills introduced by Senators Grassley and Sanders, which would impose an array of new restrictions on skilled workers. Language from these bills is also being considered for inclusion in the draft language for the comprehensive immigration reform bill. According to the report, provisions in the two bills that appear to violate US commitments under the General Agreement on Trade and Services include


1. changing H-1B wage rules to require employers to pay median average wages (S.887)


2. changing the 90-day nondisplacement rule for H-1Bs to 180 days (S. 887)


3. prohibiting new H-1B or L-1 visas for employers with more than 50% of the US workforce in H-1B or L-1 status (S. 887)


4. creating new office requirements for L-1 visa holders (S.887)


5. imposing broad no-layoff restrictions (S.2804) and, depending on level and justification, higher H-1B fees (Senate floor amendments).


The report notes that passage of either bill could very well subject the US to litigation from other World Trade Organization members and possible retaliation against US exporters as well as American companies employing US citizens abroad.

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Comments

  1. Adi's Avatar
    I fail to see the need of such bills. USCIS has made it extremely tough and long to get visas. It is uselessly putting US govt in hot water and creating unnecessary tension in relations across continents.

    Not to mention immigration fees helps in hiring at USCIS and several other immigration attorneys. If they are concerned about jobs, they should put more focus on stopping outsourcing of jobs.
  2. George Chell returning from Singapore's Avatar
    These laws have been pending for a long time and under this threat more jobs are being outsourced.

    Thought another proposal wanted to clip a US green card on every foreign science graduate?
  3. Carmella's Avatar
    The H-1b/L-1 needs to be completely shut down.

    No other country opens it's work force to foreign nationals by 85,000 jobs each year. I would like to see any other country DARE to challenge that their job market is as wide open as ours.
  4. Legal and no longer waiting's Avatar
    Carmella, yes, and how DARE half a million people graduate every year from high school and college and join the workforce! They are taking jobs from people who had them for 40 years! And women should be sticking to homemaking. Millions of them are taking jobs away from American men.
  5. Adi's Avatar
    "The H-1b/L-1 needs to be completely shut down.

    No other country opens it's work force to foreign nationals by 85,000 jobs each year. I would like to see any other country DARE to challenge that their job market is as wide open as ours."

    What other country does not? Australia, Singapore, Canada, Europe, middle east, Japan, Asia. You name a country where bright individuals are not welcome except ofcourse Somalia and lately US. The way kids are going through school without working on science and maths, this country will need high skilled labor insourced, for very long time. Liberal arts will only take country so far. Eventually its science that will take country forward. American companies make more money outside US than within US. Do you want them to retaliate by throwing McDonalds, GM, Ford, etc out of China/India? It sure as hell won't be their loss. Their own companies would love decrease in competition.

    If these individuals were not allowed in this country then Sun microsystems, Google, Yahoo, Hotmail etc would have been started somewhere else. Not to mention countless innovations that are done by foreigners in American companies. Check out demographics of NASA. Check out physician demographics of this country. Check out demographics of scientists and noble prize winners. Not to mention the enterpreneurs.

    Immigration policies should not be driven by short term recessions and short sightedness that comes along with it. When this economy will rebound (and it will), it will need huge workforce. If enough labor is not be available, wages will rise through the roof or outsourcing will increase. Eventually it will be loss of American consumers and social programs. Just check out how India and China are grabbing high skilled workers and offering them global wages. Human resource is one commodity which cannot be manufactured overnight and needs decades to train.

    Do you really want innovation to move out of America or is it just xenophobia/racism? Or like George Chell points out, do you ever complain that hollywood has so much competition from foreigners? Why focus on h1b alone?

  6. SG's Avatar
    @ Adi,
    Kudos to you. Very well written post. But howsoever great explanation you give along with facts from reliable sources, the fact that skilled immigration helps a country, will not go well with people who think otherwise.
  7. USC's Avatar
    "No other country opens it's work force to foreign nationals by 85,000 jobs each year. I would like to see any other country DARE to challenge that their job market is as wide open as ours."

    You are truly ignorant and should check your facts before you pollute the Internet. You could start with Adi's post. I will also add India and the UK to the list of countries he mentions. Consider it my contribution towards educating the ignorant!
  8. SG's Avatar
    Something for Carmella to read about for better understanding of the current situation.

    http://www.politico.com/blogs/bensmith/0610/Trumka_backs_immigration_reform_faces_labor_contradictions_hypocrisy.html?showall

  9. George Chell returning from Singapore's Avatar
    Carmella ignoramous...try the Republic of Singapore, Dubai, China, Australia and Canada only to name a few which employ far more Americans than we do foreigners. I have a great solution: let us kick the foreigners out and in return let the others kick the Americans out!
  10. My 2 cents's Avatar
    I think Carmella is from AZ!!
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