DeLauro's bill to reform the L-1 visa

Date: Tuesday, July 15, 2003 1:22 PM

JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

Rep. Rosa DeLauro's bill to reform the L-1 visa has been introduced to
Congress. For the most part it looks like DeLauro is cutting and
pasting the H-1B regulations into the L-1 visa. Her L-1 bill contains
many of the same loopholes and problems that H-1B has, and the rules
will be just as easy to violate. This bill basically converts L-1 into
another H-1B, but that is not as bad as it sounds.

Despite the weaknesses inherent in this bill, it's worthy of our
support, That's because up to now L-1 has no controls and no limits.
The 35,000 yearly limit on visas is the single biggest reason to
support this bill and the end of blanket visas is another compelling
reason. Even though companies routinely violate H-1B rules, and our
government refuses to enforce them, companies can be held liable in a
lawsuit. Currently companies have no fear retribution for exploiting
and abusing L-1 because there are almost no rules.

NASSCOM and it's allies have been planning on using L-1s to take the
place of H-1Bs. DeLauro's bill will totally derail their plans. For
that reason alone everyone should contact their representatives and
tell them to support this bill without weakening it. This bill would be
a huge victory for American workers.

You can read the bill at
http://thomas.loc.gov/
Search for: HR 2702 IH

Here are few exerpts from the bill that sound very much like H-1B:

- - - Prevailing Wages - - -
L -1 nonimmigrant wages that are at least-- the locally determined
prevailing wage level for the occupational classification in the area
of employment,

- - - Public Disclosure - - -
The employer shall make available for public examination, within one
working day after the date on which an application under this paragraph
is filed, at the employer's principal place of business or worksite, a
copy of each such application

- - - 180 Day Displacement Rule - - -
The employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 180 days before and ending 180 days after the date
of filing of any visa petition supported by the application.

- - - Secretary of Labor Enforcement - - -
the Secretary shall establish a process for the receipt, investigation,
and disposition of complaints respecting a
petitioner's failure to meet a condition specified in an application
submitted under paragraph

- - - Liquidated Damages (indentured servitude penalties) - - -
It is a violation of this clause for an employer who has filed an
application under this subsection to require an L -1 nonimmigrant to
pay a penalty for ceasing employment with the employer prior to a date
agreed to by the nonimmigrant and the employer. The Secretary shall
determine whether a required payment is a penalty (and not liquidated
damages) pursuant to relevant State law.

- - - Employer Must Pay Visa Fee - - -
It is a violation of this clause for an employer who has filed an
application under this subsection to require an alien who is the
subject of a petition for which a fee is imposed to reimburse, or
otherwise compensate, the employer for part or all of the cost of such
fee.

- - - Area of Employment - - -
The term `area of employment' means the area within normal commuting
distance of the worksite or physical location where the work of the L
-1 nonimmigrant is or will be performed. If such worksite or location
is within a Metropolitan Statistical Area, any place within such area
is deemed to be within the area of employment.

- - - Displacement of American citizens - - -
In the case of an application with respect to one or more L -1
nonimmigrants by an employer, the employer is considered to `displace'
a United States worker from a job if the employer lays off the worker
from a job that is essentially the equivalent of the job for which the
nonimmigrant or nonimmigrants is or are sought.

- - - Definition of US workers - - -
The term `United States worker' means an employee who--
`(i) is a citizen or national of the United States; or
`(ii) is an alien who is lawfully admitted for permanent residence

- - - Visa Fee - - -
fees collected shall be deposited in the Treasury

- - - Training Funds - - -
30 percent of amounts deposited into the L -1 Nonimmigrant Petitioner
Account shall remain available to the Secretary of Labor for training
and education of United States workers.

- - - Visa Cap - - -
The total number of aliens who may be issued visas or otherwise
provided nonimmigrant status during any fiscal year (beginning with
fiscal year 2004) may not exceed 35,000.

- - - Length of Stay - - -
the period of authorized admission as such a nonimmigrant may not
exceed 3 years.

- - - Exemption to the Cap - - -
The numerical limitations shall not apply to any nonimmigrant alien
issued a visa who is employed (or has received an offer of employment)
(A) an institution of higher education or a related or affiliated
nonprofit entity
(B) a nonprofit research organization or a governmental research
organization
(e) CORPORATE RESTRUCTURING- Section 214(c)(10) of such Act (8 U.S.C.
1184(c)(10)) is amended by inserting `or L -1 petition' after `H-1B
petition'.

- - - Equivalent Degrees - - -
has attained a bachelor's or higher degress in the area of special
knowledge. For purposes of this subparagraph, the term `bachelor's
degree (or higher degree)' includes a foreign degree that is a
recognized foreign equivalent of a bachelor's degree (or higher
degree). In the case of an alien obtaining a foreign degree, any
determination with respect to the equivalence of that degree to a
degree obtained in the United States shall be made by the Secretary of
State.
(Comment: I don't see anything about non-degreed people with equivalent
experience. That is a major loophole in H-1B that wasn't included in
this bill)

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Rob Sanchez is board member of NAEA - www.NAEA.US

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