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Greg Siskind on Immigration Law and Policy

REPORT URGES LIBERALIZING H-1B QUOTAS, BUT ALSO TOUGHER ENFORCEMENT OF RULES

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The Center for American Progress has released a report that urges an end to the "arbitrary restrictions" on H-1B visas and replacing the 65,000 quota with a market-based system where numbers rise in a strong economy and drop in a weak one. The report also recommends stronger enforcement mechanisms to prevent fraud and abuse.

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Comments

  1. George Chell's Avatar
    Looks like my kind of report..but the damage might have been already done as employers may continue to move jobs abroad!
  2. George Chell's Avatar
    Should I say, welcome back Greg!
  3. Sid's Avatar
    David Brooks supports an upward revision of H-1B quotas -
    http://www.nytimes.com/2009/12/08/opinion/08brooks.html
  4. Vincenzo's Avatar
    I love how the H-1B zealots cry "let the market work", while doing absolutely nothing about the fact that H-1B beneficiaries can't change jobs without having their Green Card application processing start from square one, nor doing anything about the ghastly "prevailing wage" garbage which allows companies to legally underpay H-1B beneficiaries. Cry me a river, cheap foreign labor zealots.
  5. Greg Siskind's Avatar
    Vincenzo - What makes you think Pro-H-1B advocates are against green card portability? You are completely wrong if you think that skilled immigration advocates are against such flexibility. I'd love to see real portability for green card applicants, particularly since people are waiting years in line for quotas to open up.
  6. Vincenzo's Avatar
    Greg - nowhere in my comment did I say the cheap foreign labor zealots are AGAINST these things. They wouldn't admit that much. I said the ones who blog, write op ed pieces, etc. crying for more H-1B visas make absolutely no mention about this; no hue and cry over how the visa laws hurt both foreign national and American alike. I would argue that the zealots would rather keep quiet about those things for fear that the laws may change in that regard, thereby making it more difficult for employers to exploit workers.
  7. Roy Lawson's Avatar
    Vincenzo, I'm all for letting the market work. I proposed a market based test years ago. However, business interests proposed a "market based" solution that strangely - only moved in one direction. Up. The numbers weren't lowered when economic conditions changed.

    "...while doing absolutely nothing about the fact that H-1B beneficiaries can't change jobs without having their Green Card application processing start from square one"

    I've argued that H-1b visas become abolished and replaced with a permanent program that doesn't require corporate sponsorship. It would be a competitive program as opposed to a lottery based system.

    "...nor doing anything about the ghastly "prevailing wage" garbage which allows companies to legally underpay H-1B beneficiaries. "

    I've also argued that prevailing wages be redefined as median wages, as long as we have the dreaded H-1b program. The strongest voices against the H-1b visa have argued for precisely this. The Durbin-Grassley legislation has provisions to strengthen the definition of prevailing wage. A number of bills have.

    Greg to Vincenzo:
    "What makes you think Pro-H-1B advocates are against green card portability? You are completely wrong if you think that skilled immigration advocates are against such flexibility. I'd love to see real portability for green card applicants, particularly since people are waiting years in line for quotas to open up. "

    A captive foreign worker is not good for American workers. I want foreign workers making as much money as they possibly can. Portability is a step towards that goal. I glad to hear that we all seem to agree on this issue, the exception being the extremes on either side. One extreme wants all immigrants out (now) and the other extreme wants no limits. And then there are people I regard as truly evil - those who simply want a human to exploit for profit. They may pretend to care about the rights of immigrants, when in fact they only care about making money on the backs of immigrants.

    The business interests oppose portability - and the ideas being proposed by NASCOM and the Indian offshoring industry are truly temporary visas designed to insure a captive workforce.

    Vincenzo, I can't tell what "side" you are on based on your comments, but your comments point to central themes surrounding this issue.

    PS: Greg, deepest sympathies regarding the loss of your father. Although we are "arch-enemies" on a political issue, I am truly sorry for your loss.
  8. Greg Siskind's Avatar
    Roy - I would suggest you read the General Agreement on Trade in Services which we signed in 1996. We are barred under our treaty obligations from cutting the number of H-1B visas below 65,000. If we abrogate that treaty, we'll get sued and lose and we'll also risk having millions of Americans working abroad kicked out of the countries in which they're working. Really bad idea. I would also note that the 65,000 limit was set when in 1990 and we're still using that 20 year old number. The American economy is considerably larger today than it was in the 80s.

    You and I have agreed in the past on issues relating to liberalizing green card rules and you might remind Vicenzo of that since he seems to think I only care about H-1Bs.

    Vicenzo - I'd suggest you look at some of my past writing promoting the STEM legislative proposals which would liberalize green card quota numbers for science, technology, engineering and math professionals, expands the per country quota from 7 to 10%, and allows people to file adjustment applications when green card numbers are not available (which would allow for green card applicants to move employers after six months).
  9. Greg Siskind's Avatar
    Actually, you were banned on March 29th of last year after you made abusive comments on a thread on the blog. You have a blog of your own and you will have to post there.
  10. Vincenzo's Avatar
    Perhaps this will help readers understand the various guest worker visa programs - http://www.dpeaflcio.org/pdf/Gaming_the_System_Report_.pdf
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