Byrd Amendment Scuttled

Date: Thursday, November 03, 2005 12:41 PM

JOB DESTRUCTION NEWSLETTER

November 03, 2005 No. 1361

Yesterday I sent out a newsletter where Roy Beck of NumbersUSA said that Sen. Kyl of Arizona voted against the Byrd Ammendment. The Byrd Amendment would have stripped any increases of H-1B visas and work Green Cards from the Omnibus spending bill.

I called up Sen. Kyl's office today to verify that Kyl really did betray the workers of Arizona by voting against the Byrd Amendment. His office confirmed Kyl's treachery. They said that Kyl wasn't willing to vote for something that prevented H-1B increases.

The videos below are a must to view because you can see what happened in the Senate - it's not a pretty picture. All Americans should see how anxious the Senate is to sell our jobs to foreign workers. Sen. Byrd deserves a hero's reward for what he said on the floor of our corporate controlled Senate.

The following message was issued by H1B.info. Thanks for their good work in getting the videos up.

Following that notice I have today's message from Roy Beck. Please read Beck's email and make some phone calls. Our jobs are really on the line, and if you don't fight for your job you might not have one if the Senate gets their way.

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Everyone must phone their Senators in the next hour. www.congress.org to get the phone numbers.

There are many budget bills up for vote today.

MESSAGE: SUPPORT Proposed Amendment 2367 to Budget Reconciliation (S 1932) 350,000 immigration increase should not be hidden in a budget bill without adequate hearings on the issues. American workers are being harmed by H-1B that allows employers to overlook qualified U.S. workers.

Both Senators Chambliss and Cornyn, who spoke in opposition, made fundamental misrepresentations about the H-1B in regards to how it protects U.S. workers. They ignore that underground bodyshop industry that hires exclusively foreign workers.

I watched this CSPAN-2 clip and captured the following summary of statements.

http://www.h1b.info/cspan-byrd-h1b-20051102-259Kbps.wvx (pseudo-streaming)

http://www.h1b.info/cspan-byrd-h1b-20051102-259Kbps.wmv (114 MB download)

PARAPHRASE OF HEARING:

Senator Robert Byrd, D-West Virginia

This 109th Congress is closing with almost no debate on immigration. Our infrastructure, roads and schools, cannot handle current immigration levels. We have between 8 and 12 million illegal immigrants in this county. Go to the local hospital and see what has happened.

p. 810-815 of reconciliation raises the cap on employment visas; exempts family members, increasing immigration by 350,000 per year.

This provision is hitching a free ride on reconciliation.

Americans are losing their jobs to offshoring and are enduring wage concessions to compete with foreign labor. Well this provision makes it more likely that Americans will be competing with foreign labor on or own soil.

The Senate claims it is "tough on immigration." So how will we explain this increase of 350,000 to the American people?

These increases are not necessary to comply with reconciliation.

Amendment simply strikes the unrelated immigration provisions, while raising the fee on L-1 visa to $1500.

Sen Jeff Sessions R-Alabama:

I thank you for offering the amendment. There is a nation public interest in this matter. This did not come out of committee; we didn't have information to justify this. I support Byrd's amendment to fix it. It should substantially increase the number of permanent employment-based immigration by 90,000 per year.

We are in a national discussion about immigration. We need to consider our national interest. We have a right and responsibility to determine who enters the country. This should be part of overall debate.

It's unfortunate to run this through as a budget amendment.

American people are concerned that all we ever pass are legislation that increases numbers. But polling and town hall and phone calls "why don't we have some laws that work?"

Just because somebody might be hired doesn't mean that our country needs them.

It may be appropriate to raise the limit, but only after hearings.

Senate Judd Gregg R-New Hampshire - Budget Committee Chairman:

Our borders are too porous. We've added border agents. But we need much more for enforcement. I support the Byrd amendment.

Senator Byrd acknowledged the many letters in support.

Senator Saxby Chambliss R-Georgia - OPPOSED

I oppose this amendment. I worked with Kennedy and Grassley on reform 108th congress. We added fees then. The H-1B increase of 30,000 will generate $45 million for scholarships and $15 million annually to go to enforcement to protect U.S. workforce.

[HOW IS THIS REDUCING THE BUDGET DEFICIT IF THE FEES ARE GOING TO NEW EXPENDENTURES?]

I support caps driving by supply and demand rather than by an artificial cap. Many companies in my home state of Georgia, from beverage and airlines to small business rely on these visas to effectively compete in the global economy. For instance (cites one example of a company that wanted to bring in a foreign specialist but could not.)

H-1B contains adequate protections with strict wage requirements and LABOR MARKET TESTS.

[THIS IS FALSE! THERE IS NO LABOR MARKET TEST. THE WAGE PROVISION IS A SHAM AS DOL APPROVES WORKERS AT WAGES OF $40,000 PER YEAR. U.S. WORKERS CAN STILL BE FORCED TO TRAIN H-1B REPLACEMENTS.]

Byrd: Immigration costs billions per year. How much is enough? In 2000 Congress authorized one half billion visas over 3 years. How much is enough? I yield.

Senator John Cornyn R-Texas - OPPOSED

Support for Sessions Amendment. Judiciary decided to sweep all unused H-1B visas. The artificial cap hurts our ability to track foreigners and encourages outsourcing. Anyone concerned with outsourcing to India and China should oppose this amendment.

H-1b cap reached 2 months early

It will raise money for scholarships

Fact is U.S. is not training enough engineers and scientists. 50% decline since 1960. The U.S. must increase the pipeline. But this is a long term challenge. In short term we must not restrict access to highly trained individuals that will create jobs.

There is also a shortage of green cards. The L-1 is entered pursuant to free trade agreements, and likewise our managers and employees can go to their country. If we put a $1500 fee on each L-1 visa, they will simply retaliate by adding the same fee. So no new revenue will be created - it will be a wash. [HIS REASONING IS FAULTY]

I wish that all of the good jobs in American could be filled by Americans. In fact the H-1B requires that employers first advertise for Americans. [THIS IS FALSE] It requires employers to pay the same wage to foreigners as it does to Americans. [THIS IS FALSE, AND MISLEADING AS MANY H-1B WORK AT AMERICAN COMPANIES THROUGH BODYSHOPS - INDEPENDENT OF WAGES PAID TO U.S. WORKERS EMPLOYED DIRECT BY THE COMPANY]

I will contact his office after 9am, pointing out that he should get his facts straight. But his vote will not change so its critical to contact ALL Senate offices now.

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Web Site: cornyn.senate.gov
E-mail: Contact Via 'Web Form.'

Washington Office:
SH-517
Washington, D.C. 20510-4302
Phone: (202) 224-2934
Fax: (202) 228-2856

Main District Office:
221 West 6th St., Ste. 1530
Austin, TX 78701
Phone: (512) 469-6034
Fax: (512) 469-6020
(more district offices)

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Date: Thursday, November 03, 2005 12:08 AM

Date: Thursday 3NOV05 2:30 a.m. EST

Make some more calls to influence Byrd vote this aft ... biggest immigration roll call in 9 years

"Today is the first time I've had a chance to make a call to Congress. Your phone action page is very easy and I will be using it more. THANKS GUYS!"
............Mary Stevenson, McKinney, TX

ARE WE GOING TO CONCEDE DEFEAT -- OR ARE WE GOING TO FIGHT A FEW MORE HOURS TO CHANGE THE OUTCOME? 350,000 EXTRA IMMIGRANTS A YEAR -- OR NOT?

We need hundreds more of you to make that first phone call like Mary did yesterday. Click here to get phone numbers of your Senators and talking points.

"The lady that answered the phone was very polite. It was easy and I felt like I did a small part in helping our cause. Thank you for your suggestions in placing my call."
............Toni Byers, Union Gap, WA

1. Call your Senators about their Immigration Grade Cards and how this vote will affect their grades

Look up your Senators' grade cards here:
www.CongressGrades.com

Be looking at the Grade Card while you talk to the staffer and refer to the grades the Senator currently has.

Make the point that the Budget Reconciliation bill with its increase of more than 3 million immigrants per decade will dramatically move a Senator's grade depending on which way he/she votes.

If they vote against the Byrd Amendment and in favor of the 350,000-a-year increase, their grade will plummet so badly that it will be difficult to ever recover.

2. Those of you who live in small-population states are REALLY important today

We just don't have that many members in states like the Dakotas, Rhode Island, Idaho, Montana, Vermont, Maine and Wyoming.

We need every one of you who live in those states to pick up the phone right now. These Senators tend to be a little less beholden to big corporate donors and, thus, a little more open to what voters want. You have a chance to persuade them to vote for the Byrd Amendment.

3. The vote count in the Senate on the Byrd Amendment right now indicates that we and the amendment will lose overwhelmingly later today.

But we also have plenty of indications that many Senators and their staffs are starting to get nervous about casting their vote against Byrd and in favor of 350,000 extra permanent foreign workers EACH YEAR.

Your phone calls and faxes are shaking them up some.

A constant ringing of the phones in the DC office and in the home state offices has a chance of switching some votes. The less we lose by in the Senate, the better chance the House will have of beating back this 350,000 a year increase in the joint Conference Committee.

4. Immigration Lawyers have a phone campaign to defeat us

The American Immigration Lawyers Association and the U.S. Chamber of Commerce and Microsoft have phone campaigns and direct lobbying to persuade Senators to stick with the global corporate plan to drive American wages down toward global averages.

But they have to buy their influence.

What they don't have is the massive numbers that the American public has. Let's hand them a defeat.

5. What you all reported to us about what you found yesterday when you made your calls

More than 500 of you filled in the feedback forms on the Phone Action page. Thanks so much. Jeremy on our staff compiled all that came in and provided these observations and quotes:

* Lots of harried staffers rushing to get off the phone.

* Sen Kohl's (WI) office said they were NOT getting calls.

* Sarbanes (MD) office said they were receiving quite a few calls favoring the amendment

"I have not made any calls in a long time...it felt good to do so...thanks to NumbersUSA.com for staying on top of this and keeping me informed. Your website is really terrific."
..............Robert Segal, Briarcliff Manor, NY

* Coburn staff (Oklahoma) indicated he would support the amendment.

* "It appeared that Isakson would support the Byrd Amendment."
..............John Spencer, Columbus, GA

* Cornyn (TX) office getting lot of opposition to his vote in the Judiciary Committee for the 350,000-a-year provision. Staff says Sen. Cornyn believes in the H-1B program.

* Graham (SC) staffer had no idea what the Byrd Amendment was.

"Sen. Murray's (WA) staffer made the comment that they had been getting a lot of calls in favor of the amendment."

"Sen. DeWine (OH) staffer said their phones have rung non-stop."

"I called Carl Levin's Office in Michigan and they told me he was for selling off the 350,000." [

QUESTIONS ASKED OF PEOPLE PROVIDING FEEDBACK FROM THEIR PHONE CALLS:

Was the Senate office you called aware of the Byrd Amendment?

Affirmative by a 5:2 ratio

Did the office indicate whether or not they are getting a lot of calls about this?

"All lines were busy when I first called. The second time I did reach a staffer who sounded harried..."
.........Phyllis Nemeth, Sierra Madre, CA

Salazar's voice mail box is full

"I have been unable to get through to the Washington office at all - it's been busy all day. I did get through to the Wichita Kansas office - after 4 tries. There seemed to be a lot of ringing in the background, and she was rather hurried" - Barb Freeman, Pratt, KS

Were you able to make the point that budget reconciliation is not the proper vehicle in which to make far-reaching immigration policy changes?

Pretty evenly split between those that thought they were and those that did not. Some didn't think the staffer understood their points.

Did you find the background information provided by NumbersUSA helpful?

"It was excellent. Being able to jot down your talking points and telephone numbers immediately and concisely presented to me made the whole process seem less and took me about 10 minutes. The Senators' phones were manned and prepared to take messages."
................Denise Bronsdon, Raynham, MA

"Yes, very, I think they wondered how I was so informed!!! Thank you"
................Max Myers, Grand Junction, CO

Did the staffer(s) with whom you spoke seem well informed about what is happening?

Pretty evenly split with a slight edge for those staffers who seemed well informed to our callers.

"I just called both my Senators (from New Jersey) about supporting the Byrd amendment, and the person who answered Senator Lautenberg's phone said that he was familiar with the bill and amendment, and that he has been getting a lot of calls about it. It looks like our phone calls and faxes are having an effect. Nice work on your part. Thanks."
..................George McLane

"Sen. Murray's (WA) staffer made the comment they had been getting a lot of calls in favor of the amendment."

"Sen. DeWine (OH) staffer said their phones have rang non-stop."

"I called Carl Levin's Office in Michigan and they told me he was for selling off the 350,000."
....................Marcia Mead, Houston, TX

You may be helped to discuss better with Senate staffers if you read the following email carefully from this California faxer:

"I watched Saxby Chambliss (R-GA)defend the H1-B visas on CSPAN. He is grossly misinformed about something he is pushing.

"He asserted that American workers were protected by a labor test. This is not true. There is no labor test for the H1-B. The employer can sponsor a foreigner for H-1B status even if qualified U.S. workers want the job. Unlike for most employment-based permanent residence visas, to get your H-1B status an employer need not prove the unavailability of a U.S. worker.

"He said American workers are protected by a prevailing wage requirement. The loopholes in the law allow H1-Bs to be hired for wages much less than the realistic prevailing wage.

"He claimed that changes slipped into the 2004 Omnibus Spending bill protected Americans against fraud in the H1-B. Not true! Those fraud provisions protected the foreigner from fraud but not Americans.

"He claimed that the fact that all H1-B visas were used proved that they are needed. Not true. Employers hire the cheap foreign labor first and Americans get the left over jobs."
...............James H. Murphy, North Hills, CA

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