Skilled Worker Visas in McKennedy Bill
Skilled Worker Visas in McKennedy Bill
Date: Tuesday, May 31, 2005 10:13 PM
JOB DESTRUCTION NEWSLETTER
by Rob Sanchez
May 31, 2005 No. 1268
Senators McCain and Kennedy have introduced to the Senate the largest
guest-worker bill in the history of mankind called S. 1033, or the
Secure America and Orderly Immigration Act. Some of us nicknamed it the
McKennedy guest/worker to amnesty bill.
There are many things to dislike about this bill but in this newsletter
I will focus on dispelling the growing myth that only "unskilled"
laborers are affected. Before I go further, let's be sure that all of
us understand the difference between skilled and unskilled labor as
defined by the Dept. of Labor.
UNSKILLED LABOR - work requiring less than two years' training or
experience. Examples of unskilled laborers are construction workers,
sanitation and custodial workers, painters, factory assembly line
workers, and call center workers.
SKILLED LABOR - work that requires specialized training. Examples of
skilled labor are: carpenters, plumbers, electricians, business
executives and managers, artisans, accountants, police, mechanics, and
computer jobs such as system administrators. Professionals that need
advanced degrees are also lumped into this category and include workers
such as doctors, lawyers, teachers, engineers, scientists, and computer
programmers.
There seems to be a consensus in the media and amongst large segments
of our population that targeting "unskilled" workers by the use of
guest-worker visas is fair game as long as skilled white-collar workers
aren't affected. Perhaps these people feel that as long as they can eat
cheap vegetables and get their lawns landscaped for less it doesn't
concern them if more of our working poor lose their jobs. What these
callous Americans don't understand is that by allowing this class
warfare to continue they will eventually be the victims of the lust for
cheap labor.
The McKennedy bill takes this insensitive attitude towards American
labor one step further by stating that immigration policy should be
tailored to the whims of profit-hungry employers. This part of the bill
should be called the "McBusheddy Manifesto" since it incorporates
Bush's motto to match willing employers with willing workers no matter
what country they come from:
Federal immigration policy should foster economic growth
by allowing willing workers to be matched with willing employers
when no United States worker is available to take a job.
In the first year up to 400,000 nonimmigrants will be issued H-5 visas
to work in the U.S. If employers gobble up the available visas the
yearly cap can be increased by 20% a year! What's worse is that the 20%
a year is calculated from the previous year, so it's like having a bank
account with compound interest.
Sec. 305
if the total number of visas allocated for that fiscal year
are allotted within the first quarter of that fiscal year,
then an additional 20 percent of the allocated number shall
be made available immediately and the allocated amount for
the following fiscal year shall increase by 20 percent of
the original allocated amount in the prior fiscal year;
Since nonimmigrant visas are cumulative let's do some simple math to
calculate how many visas could potentially be issued after three years
of this program:
1st Year 400,000
2nd Year 480,000
3rd Year 576,000
Total Visas: 1,456,000
Casual readers of the bill can easily be misled to the conclusion that
only unskilled workers will bear the brunt of this flood of
nonimmigrant workers. I use the term "nonimmigrant" but keep in mind
that unlike other visas such as H-1B, each H-5 visa holder is put on a
path towards a Green Card and eventual citizenship. To put it in blunt
terms, after three years our government could give about 1.5 million
foreign workers a permanent invitation to take jobs in the U.S.
Good shell games require the players to be distracted, and this bill
contains a black mustached con-artist that fools viewers into picking
the empty cup. The following sentence is the only part of the bill that
mentions what type of worker will be able to get the H-5 visa.
SEC. 603. ALLOCATION OF IMMIGRANT VISAS
... Visas shall be made available, in a number not to exceed
30 percent of such worldwide level, ...of performing
unskilled labor that is not of a temporary or seasonal nature,
for which qualified workers are determined to be unavailable
in the United States
If you read that paragraph you might start wondering who gets the other
70% of the visas. I started wondering that and after some careful study
figured out where the shell under the cup is being held. Here it is,
(b) Preference Allocation for Employment-based Immigrants-
Section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)) is amended--
(A) by striking `28.6 percent' and inserting `35 percent';
and
Pretty tricky, huh?
I'll bet most of you are scratching your heads by now so let's cut to
the chase: Title 8, USC 1153 pertains to SKILLED WORKERS that get Green
Cards - and McCain and Kennedy are increasing the percentage of total
Green Card visas that can be issued. The extra Green Cards will be
needed to give amnesty to the skilled workers that will be imported
under this bill.
The jobs that the H-5 visa holders will take can be found at the
American Job Bank. By searching the database you will discover that
there isn't a job in America that won't be up for grabs.
SEC. 308. WILLING WORKER-WILLING EMPLOYER ELECTRONIC
JOB REGISTRY.
... The Secretary of Labor shall direct the coordination and
modification of the national system of public labor exchange
services (commonly known as `America's Job Bank') in existence
on the date of enactment of this Act to provide information
on essential worker employment opportunities available to
United States workers and nonimmigrant workers ...
Recruitment of United States Workers- ... an employer shall
attest that the employer has posted in the Job Registry for
not less than 30 days in order to recruit United States workers.
An employer shall maintain records for not less than 1 year
demonstrating why United States workers who applied were not
hired.
All an employer will have to do is to advertise the job online for 30
days, and if they decide that they can't find a willing American worker
they can hire a foreign worker. Currently our government is either
unwilling or unable to provide oversight for the 40,000 visas that are
required to be advertised before a Green Card can be issued, so it's
unlikely that they will be able to handle 10 times more visas.
I have explained many times how employers run fake job ads in order to
hire Green Card workers so I won't bother you by repeating how this
scam works. The recent newsletter titled "Most 'green card' requests
from Intel" goes into great detail how the scam is implemented but you
can view this webpage for a quick view:
http://www.zazona.com/shameh1b/Library/Archives/AZDES.htm
To browse the jobs at America's job bank, go to this web page:
http://www.ajb.org/
To see the McKennedy bill in its entirety, go to this website and
search for "S. 1033".
http://thomas.loc.gov/
***** Conclusion *****
The McCain/Kennedy bill eclipses any other nonimmigrant visa bill in
terms of scope and size, but the other visas such as H-1B and L-1 won't
go away. If this travesty passes we will have an H-5 visa that adds to
the numbers of skilled workers who can get visas to enter the U.S. and
work. Because this bill allows illegal immigrants to apply for the
visa, all an H-1B will have to do is to wait for his visa to go out of
status, and then he will technically be an illegal alien that's
entitled to an H-5 and amnesty. Nobody knows how many out-of-status
H-1B and L-1 visa holders there are in the U.S but one thing for sure
is that the numbers are enormous - and they all want amnesty.
S. 1033 is a transparent attempt to make global labor arbitrage the
official national policy. The fact that conservative Republicans and
liberal Democrats are lining up to support this bill is very alarming
and shows that all major constituencies have decided to abandon the
American middle-class worker in favor of cheap foreign labor.
For supplemental information read this:
http://www.vdare.com/bevens/050528_betrayers.htm
The McKennedy Clan: Bipartisan Betrayers
and
http://www.phxnews.com/fullstory.php?article=21389
For Sale: American Citizenship
+++++++++++++++++++++++++++++++++++++++++++++++++++
S.1033
Title: A bill to improve border security and immigration.
Sponsor: Sen McCain, John [AZ] (introduced 5/12/2005) Cosponsors
(5)
Latest Major Action: 5/12/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on the Judiciary.
COSPONSORS(5), ALPHABETICAL [followed by Cosponsors withdrawn]:
(Sort: by date)
Sen Brownback, Sam [KS] - 5/12/2005 Sen Graham, Lindsey [SC] -
5/12/2005
Sen Kennedy, Edward M. [MA] - 5/12/2005 Sen Lieberman, Joseph I. [CT] -
5/12/2005
Sen Salazar, Ken [CO] - 5/12/2005
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.washingtonwatchdog.org/documents/usc/ttl8/ch12/subchII/ptI/sec1153.html
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required
for the classes specified in paragraphs (1) and (2), to the
following classes of aliens who are not described in paragraph
(2):
(i) Skilled workers
Qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing skilled labor (requiring at least 2 years training
or experience), not of a temporary or seasonal nature, for
which qualified workers are not available in the United
States.
(ii) Professionals
Qualified immigrants who hold baccalaureate degrees and who
are members of the professions.
(iii) Other workers
Other qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing unskilled labor, not of a temporary or seasonal
nature, for which qualified workers are not available in the
United States.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.phxnews.com/fullstory.php?article=21389
For Sale: American Citizenship
Posted by russellpearce on Friday May 20, 2005 at 11:41 am MST [ Send
Story to Friend ]
For sale: American citizenship.
Contact: Sen. John McCain and U.S. Reps Jeff Flake and Jim Kolbe
What part of "illegal" do they not get? When Arizonas senior senator
and two congressmen released their plan to push amnesty, millions of
illegal aliens beamed with pleasure at the idea of gaining legal status
after years of living a life as a law breaker.
In 2003, 77 border hospitals filed for bankruptcy, violent illegal
alien gangs plague our cities and criminal justice cost sore, our
education system is overwhelmed. What does it take for our elected
officials to recognize and respond to the damage to this nation?
With an estimated 23 million illegal aliens living in the United
States, this amnesty on the installment plan robs U.S. citizens
of security and threatens the American way of life.
While illegals have been taking jobs away from Americans and depressing
wages of other jobs, they have also been taking advantage of our
services. In Arizona alone, it is estimated free education and health
care for illegals runs taxpayers more than a billion dollars. Illegals
receive at least $69 billion in services nationwide. Amnesty will cause
this cost of social programs to triple for the taxpayer.
At least 500,000 illegal aliens call Arizona home, according to recent
estimates. The amnesty plan would make them legal at a cost of about
$2,000. For two grand, some of Washingtons elite want to brush aside
the will of the people.
Instead of getting real action, McCain is more concerned about how many
employees would be lost at the world-renowned Camelback Inn in Paradise
Valley if all the illegals there were rounded up. McCains comments
to a Capitol newspaper when he announced his immigration plan were
shameful and an attempt to trivialze the illegal immigration problem
that is gripping this country.
Instead of worrying about the resort industry, McCain and the others
should consider the impact of illegal immigration on U.S. citizens, the
countrys economy and social impact.
Far from the typical portrayal of illegal aliens as those just seeking
a better way to support their family, illegals are responsible for a
significant amount of crime in this country. More than 4,000 murder
warrants from border states seek suspects who are believed to have fled
to Mexico. They also depress wages for Americans seeking entry into the
workforce.
Most public opinion polls show Americans are fed up with illegal
immigration, with 80-plus percent supporting the use of local law
enforcement to enforce immigration laws and similar number of people
opposing amnesty.
The McCain-Flake-Kolbe proposal contains fatal flaws while at the same
time demands the common person put aside common sense.
The fed's casually enforces immigration law now. Why, with a new law,
would there be a difference?
And with the hope of amnesty on the horizon, what is left to dissuade
another 23 million illegal aliens from making the trek across our
desert if they know that eventually they can earn U.S. citizenship and
all the benefits that accompany it?
These are serious questions that are not being addressed by the people
who advocate an easing of our immigration laws.
And instead of demanding enforcement of immigration laws that are on
the books, McCain and others give the government the right to abdicate
its sole authority to keep our borders secure.
State and local law enforcement officials have the general power to
investigate and arrest violators of federal immigration statutes
without prior INS knowledge or approval, as long as they are authorized
to do so by state law. There is no extant federal limitation on this
authority. The 1996 immigration control legislation passed by Congress
was intended to encourage states and local agencies to participate in
the process of enforcing federal immigration laws.
This is why I have move so fervently to give our state and local police
the ability to determine the residency status of suspects. By uncuffing
our police, we add a new layer to border enforcement.
This new law, which is awaiting Gov. Janet Napolitanos signature, is
critical if we are serious about the illegal alien invasion and the
crime that comes with it. This is a way to cut down on illegal
immigration without compromising our laws or our national security.
If they really and want to help instead of $1 billion of tax dollars to
reimburse hospitals a partial cost of illegal aliens taxpayer medical
benefits, they need spend that to put security first and secure the
border and save BILLIONS in healthcare, welfare and other services and
safer neighborhoods.
Representative Russell Pearce, R-18, Mesa, AZ. Chairman of House
Appropriations Committee, Co-Author of Prop. 200
An elderly white woman was struck by a thrown water bottle. She's
reportedly now in intensive care with a concussion. Details will become
clearer probably some time tomorrow. One of the protestors on the other
side held a sign that said "Fu*k the Alamo". Don't forget to go look at
the pix. Here's a couple of links:
The Washington Times Test of Hispanic boycott fails in Arizona By Jerry
Seper THE WASHINGTON TIMES Published May 11, 2005
"We contribute to the greatness of this state and we should not be
pushed around like we are." State Rep. Russell Pearce, a Republican who
has sponsored several bills targeting illegal aliens, said an economic
boycott would not have much impact on the state. "They're boycotting
because we believe the law ought to stand for something; they're
boycotting because we don't think you can come here illegally and get
free stuff; they're boycotting because we think they ought to be
citizens of the United States before they can vote," Mr. Pearce said.
"This has nothing to do with racism and everything to do with the law.
"You can't steal your way into this country and demand stuff in another
language," he said, adding that politicians in Washington have failed
to respond to the vast majority of Americans who want secure borders
and the enforcement of immigration law. The July boycott was called to
protest laws that restrict the use of the Mexican matricula, or
identification card; require illegal aliens to pay out-of-state college
tuition; deny access to literacy programs to illegals; adopt English as
Arizona's official state language; and mandate that state funds be
denied for the construction and operation of a day-workers center. Many
Hispanic activists also remain angry over the passage in November of
Proposition 200, which required state and local government employees to
verify the immigration status of those seeking public benefits and to
report to federal immigration authorities any applicant who is in
violation of U.S. law. The initiative, whose key sponsors included Mr.
Pearce, passed Nov. 2 with 56 percent of the vote. Several groups,
including the Mexican American Legal Defense and Education Fund
(MALDEF), said the proposition would cut off all state services,
including education, medical care and police and fire services, to all
individuals who are unable to immediately provide adequate proof of
their U.S. citizenship or residence.? The organization brought a
lawsuit, seeking to overturn the initiative, although it was dismissed
by a federal judge who said MALDEF failed to prove potential harm from
the enforcement of the initiative.
"They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety." Benjamin Franklin
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