H-1B ADVOCATES PESSIMISTIC ABOUT NEAR TERM CHANGES

Several good immigration bills continue to be held up by an inability to agree on the question of incremental versus comprehensive improvements to the immigration system, according to a panel that spoke to the Heritage Foundation yesterday.

On the H-1B question, Republican Immigration Subcommittee Counsel George Fishman, someone who I usually disagree with on most immigration issues, had some interesting points to make on the subject:

Although Smith's brief "emergency" H-1B bill doesn't propose new checks on the system, Fishman said his boss is aware of concerns about their abuse and wants to strike a balance. On the one hand, high-tech companies like Microsoft and Google prize H-1B visas because they say those work permits allow them to fill gaps in their operations for which there is a shortage of qualified Americans. On the other hand, some American programmers say abuse of the system has displaced American workers and depressed their wages.

There's truth to both perspectives, Fishman said, adding that the Department of Labor isn't as well-equipped to fight suspected fraud in the H-1B program as it could be. Part of the reason, he said, is that the system is based on "attestations" from employers that they're hiring employees with the proper qualifications and at the requisite wage levels, and the Labor Department "has to wait around for some to complain" before it opens an investigation, Fishman said.

"The H-1B program can and usually does operate to the benefit of both American high-tech companies and American workers," he said. "It is the job of Congress to ensure that it always does."

I've said many times in this blog that the laws necessary to address abuses that occur from time to time with H-1B employers are already in place. If abuses are occurring without check, it is either the fault of a Labor Department that simply doesn't care, a Labor Department that is incompetent, or a Labor Department that lacks the resources to do the job (or a combination of all three). If more money is needed to help the Labor Department better enforce the laws on the books, then that needs to be addressed by Congress.

Comments

[Kalifornian]

I think Indian Govt. is negotiating with USA on getting the SS contribution transferred to similar system in India. It will be a loss for USA, because "some money was coming in without a need for paying back a penny " .

[H1]

"there was no deceit involved when it came to the terms under which you agreed to come and work in the US. You knew taxes would be withheld but you chose to come anyway, so no whining. Paying taxes does not entitle you to any kind of immigration benefit. Everyone pays taxes. But this is completely irrelevant to my points about the deception on the part of the companies and government towards the US public. "

Keep Whining , I am not going anywhere . You or your ancestors came from elsewhere too. So the argument that this is my country does not hold any water. You dont like people who look like me , get used to it.

[Mary]

H1b,

there was no deceit involved when it came to the terms under which you agreed to come and work in the US. You knew taxes would be withheld but you chose to come anyway, so no whining. Paying taxes does not entitle you to any kind of immigration benefit. Everyone pays taxes. But this is completely irrelevant to my points about the deception on the part of the companies and government towards the US public.

[H1b]

"Nothing has happened because liberalizing the H1-B program is not popular with the electorate. The American public was told that the H1-B program was a temporary fix until Americans could be trained to do these jobs. 10 years later we find out that the companies are using H1-B to hold down wages, that many of these H1-B visas are for companies that are not even US companies, and that the H1-B holders actually do not view this as temporary. Rather they treat it as an intermediate step to permanent residency. This is deceit, plain and simple. As they say, there's nothing more permanent than something that's "temporary."

Mary ,

Give me my social security I paid into system as an H1b Worker , I will go back immidiately and you can have my job that pays six digits. BTW my residency is pending too. If H1b is temp why you take money out of my paycheck? That is the biggest deceit period.

[Mary]

Nothing has happened because liberalizing the H1-B program is not popular with the electorate. The American public was told that the H1-B program was a temporary fix until Americans could be trained to do these jobs. 10 years later we find out that the companies are using H1-B to hold down wages, that many of these H1-B visas are for companies that are not even US companies, and that the H1-B holders actually do not view this as temporary. Rather they treat it as an intermediate step to permanent residency. This is deceit, plain and simple. As they say, there's nothing more permanent than something that's "temporary."

[Mex]

Why Hispanic caucus wants to block this legislation? As far as I know anyone from any country is eligible for H1b as long as he/she have a qualifying job offer and employer files a petition. Isn't it anti immigrant?

[matts]

George, It's all talk when one needs to stand up, the "lawmakers" back out/stand down. My gut feeling is out of these pending bills nothing will work out. If it had been some bill to increase privileges/perks for the "lawmakers" they wound be burning midnight oil with bipartisan support. They are the "elite" hence do not care about common folk.

[George Chell]

"George, I was sarcastic. Some people, however, are convinced that Pubs are better for EBs. Oh, well."

Thanks. Sometimes in the heat of things I cant seem to determine when people are sarcastic. But, I do believe that I presented evidence to these doubters who think the GOP is better. I still think that a McCain/Dem Congress would be the best for good immigration legislation. With Obama, the GOP will be back to derailing things. With McCain I believe they will try, but they are less likely to succeed especially if he wins with the help of moderates and independents and the true conservatives and the rednecks stay home.

[Legal and no longer waiting]

George, I was sarcastic. Some people, however, are convinced that Pubs are better for EBs. Oh, well.

[George Chell]

May I ask you all one question: What did the GOP do when it had power regarding employment based immigration? Did Lamar Smith push for higher caps back in late 2005 when the economy was doing well? If I understand he was vehemently opposed to raising the caps. Did Sensenbrenner try to alleviate the shortage of skilled workers when he pushed the draconian anti-illegal bill? I dont think so. Did all those congressmen such as Phil Gingrey and his fellow Georgia gangsters in congress support legal immigration, whether family based or skill based? All I remember is that Mr. Gingrey introduced a legislation curtailing family based immigration which he termed chain immigration. Did Mr. Tancredo or Mr. Bilbray ever support increases in legal immigration? Did Mr. Hostettler? Did Mr. Gekas? The only GOP Rep who supported any immigration was Chris Cannon. Zoe Lofgren and Sheila Lee Jackson are a million times better than Hostettler and Gekas. And as far as Smith and Sensenbrenner are concerned, it is a political ploy and as his executive assistant said he knows the likelihood of passage is slim. I think it is all a ploy to get back power and once in power the GOP will push its anti-immigration agenda, legal as well as illegal and Smith and Sensenbreener will no longer support increases in H1B or employment based immigration.

I will tell you what we need: We need Shaheen to replace Sununu, the Udall brothers to replace Dullard Allard and Pete Dominici, we need Mark Warner to replace John Warner. If this is done plus if we can knock off Ted Stevens from Alaska, we will go a long way to get some immigration bill passed.

[George Chell]

"Yes, Dems are horrible for legal immigrants, especially for EB immigrants."

I dont think so. When did the Dems ever pass laws restricting legal immigration? All the xenophobic bills have come from the likes of Alan Simpson, Tom Tancredo, Bob Stump, Charlie Norwood and many like him..many of them want a moratorium on legal immigration. Dems have never tried to restrict immigration whether EB or family based. Durbin is an exception to the rule and Grassley is on board with him and he is with the GOP. Alan Simpson was the enemy number one of immigrants...all immigrants, legal and illegal. Had he succeeded the phenemonal growth that the US experienced in the 1990s would never have materialized. The Simpson-Smith legislation of 1995 and the Simpson-Mazolli (granted Mazolli was a Dem) bill of 1984 would have set this country back many decades regarding science and technology.

[Legal and no longer waiting]

"If they get majorities in both houses, the Dems would even do away with EB for family based immigration."

Says who? Person with no name?

Yes, Dems are horrible for legal immigrants, especially for EB immigrants. That Dem Zoe Lofgren needs to be voted out of the House!

"With all due respect to Dems, Dems gaining absolute majaroties in Senate and House could be a total disaster for legal immigrants"

If they get majorities in both houses, the Dems would even do away with EB for family based immigration.

[matts]

"All bark no bite". There are 5 immigration bills pending none of them has even come up for debate"

This is how the so called lawmakers are out to fix the immigration problem.

[H1]

With all due respect to Dems, Dems gaining absolute majaroties in Senate and House could be a total disaster for legal immigrants. I am not sure why Durin hates H1b people.

Having said this I hope and pray that dems gain more majorities in Senate and House.

"You get zero days, not 10 days following termination by employer. "

The whole DOL and USCIS community is sadistic. They represent how NOT to treat a guest in the country.

McCain Presidency I believe will lead to a resolution rather than a Obama Presidency.

I agree with that, but the economy would go for a toss.

[George Chell]

A crushing defeat for the Republicans in the Senate elections and further losses in the House would improve chances for a better bill next year, comprehensive or otherwise. A McCain Presidency I believe will lead to a resolution rather than a Obama Presidency.

[BeeDee]

"If it is 10 days, the SOB's who wrote the piece should be examined for sadism.."

You get zero days, not 10 days following termination by employer. The 10 day myth arises because officers at the port of entry commonly issue I-94s that are valid for an additional 10 days following the expiry of the visa.

The labor department and the rules setup hardly cater to the individual. While most of the power is vested with employer, the employees are hardly given any say in the matter.

If there was decent support provided in the system for an individual that could expose the exploitation, then the system will cure itself. For now, employers have the free ticket to rape..

Here is an example for LD don't care. An unwritten ill-conceived propagated law is that a H1-B candidate falls out of status after a job los/resignation unless he/she find another job in 10 days. He has to leave the country or apply for B1. For a person who has literally relocated from one country to another with family and kids, 10 days is all he gets. Is that height of stupidity or sheer arrogance?

And, I say unwritten, because I have been here 9 years and there is hardly any guidance on this subject. If it is 10 days, the SOB's who wrote the piece should be examined for sadism..

"All bark no bite". There are 5 immigration bills pending none of them has even come up for debate.