House Democrats Revisit H-1B Increase

Date: Wednesday, October 24, 2007 8:44 PM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1775 -- 10/24/2007 >>>>>

The DREAM Act amnesty bill was defeated today in the Senate. To read more
details go here:

http://www.numbersusa.com/

It's wonderful to watch another amnesty attempt go down in flames, but our
problems are far from over. Another amnesty bill called AgJobs is still
lurking, and H-1B is definitely a top priority in Congress. House Democrats
are gathering their forces to try to ram an H-1B increase through before the
end of the year.

On October 22, a coalition of House Democrats sent a Letter to Congress asking
for, among other things, more H-1B visas. The following wish list summarizes
what the Democrats asked for in their letter, although I'm rewording their
code words to be more understandable. Essentially they seem to be asking for a
combination of the Securing Knowledge Innovation and Leadership (SKIL) and the
Save Our Small and Seasonal Businesses Act of 2007.

o Increasing the number of H-1B visas for professional workers.

o Increasing the number of employment-based green cards (EB).

o A vague reference is made to student visas. I'm just guessing but they
are probably referring to the F-4 Visa in the SKIL bill.

o Recapturing backlogged green card visas.

o Exempting returning H-2B seasonal workers from the yearly cap.

o Making it easier and cheaper for employers to use H-2A visas for
agricultural workers.

o Boilerplate verbiage about enforcement.

CompeteAmerica put an image copy of the letter on their website. Not
surprisingly CompeteAmerica also posted a press release that praises the
Democrats for their "leadership" to "resolve the immediate talent crisis that
is facing U.S. employers."

I included an article from the LA Times about the defeat of the DREAM Act.
The last sentence of the article is the most interesting part because Sen.
Durbin, the author of the DREAM Act, is quoted. Durbin's dander is up because
he thinks the children of illegal aliens who attend our high schools at
taxpayer's expense, and who would have been given amnesty under DREAM, could
have filled the need for more H-1B visas. That's absurd considering that
Durbin is one of the slimy politicians that constantly regurgitates the clichi
that H-1Bs should be reserved for the "best and brightest".

It continues to amaze me that organizations that claim to represent American
workers, and so many activists that complain about H-1B, extol Durbin as some
kind of savior just because he has a bill that supposedly reforms H-1B called
the "H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007". Despite
Durbin's perfidy they never seem to put the pieces of the simple puzzle
together in order to figure out that Durbin is hoodwinking them. It's actually
kind of comical that one of the chief purposes of his reform bill acoording
the the claims is to make sure that H-1Bs only take jobs that Americans aren't
qualified for. Does Sen. Durbin believe that illegal aliens who have high
school diplomas have the skills that Americans lack?

Mark my words -- the next time Durbin mentions his reform bill you will see
the high-tech community wagging their tails like a bunch of dogs. One thing
for sure, Durbin's statement to the LA Times and his odious DREAM Act will not
stop the mindless idolatry of this senator. I'm not sure how many times Durbin
will be able to get away with insulting high-tech workers before they start to
suspect that he is nothing but a sleazy con-artist.

I thought it was important to have an electronic text version so I OCR'd the
document. A copy of that is at the end of this newsletter.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.informationweek.com/news/showArticle.jhtml?articleID=202600744

House Democrats Pushing To Revisit H-1B Visa, Green Card Reform This Year

Members of the New Democrat Coalition are joining the tech industry in calling
for increasing the supply of foreign-born workers in the United States.

By Marianne Kolbasuk McGee, InformationWeek Oct. 23, 2007

Pressure is mounting on Congress -- now from within -- to pass H-1B visa and
green card reform this year.

In a letter sent yesterday to U.S. House of Representatives Speaker Nancy
Pelosi and several other House committee leaders, a group of 16 Democrats in
Congress requested that "the House take action this year to resolve the
immediate talent crisis that is facing U.S. employers."

The letter was signed by 16 U.S. representatives who are part of the New
Democrat Coalition, a 59-member group of Democratic members of Congress who
describe themselves as "moderate, pro-growth," and interested in "modernizing"
the Democratic Party and the country.

The group says Congress "must act to alleviate the talent crisis before we
adjourn this year."

Among the reforms being urged are aligning the supply of H-1B visas and
employment-based green cards "with the needs of U.S. employers" and
modernizing student visa programs. H-1B is the most common visa used by U.S.
employers to temporarily hire foreign-born technology workers.

Currently, the annual cap on H-1B visas sits at 85,000, including 20,000
exemptions that are earmarked for foreign students who receive degrees from
U.S. schools.

However, over the last few years, the supply of visas has been running out
quickly while demand by employers increases. This year, the U.S. government
received in two days nearly twice as many applications for H-1B visas than can
be granted for fiscal 2008, which started Oct. 1.

The hope by employers for an increase in the number of H-1B visas that can be
issued this fiscal year was crushed in the spring when Congress'
comprehensive immigration reform bill died. However, in recent months,
pressure has been growing on Congress to revisit tech-industry-related
immigration issues as standalone legislation.

Besides the correspondence sent to House leaders by the New Democrat
Coalition, in recent weeks various tech lobbying groups, including Compete
America, IEEE-USA, and the Semiconductor Industry Association, have also been
pressuring House and Senate leaders to readdress various visa and green card
reforms.

New Democrat Coalition members signing the letter are Ellen Tauscher (Calif.),
Adam Smith (Wash.), Joseph Crowley (N.Y.), Artur Davis (Ala.), Ron Kind
(Wis.), Rick Larsen (Wash.), Dennis Moore (Kan.), Adam Schiff (Calif.), Jim
Moran (Va.), Gregory Meeks (N.Y.), Susan Davis (Calif.), Lois Capps (Calif.),
Gabrielle Giffords (Ariz.), Christopher Carney (Pa.), Michael Arcuri (N.Y.),
and David Wu (Ore.).

However, despite the letter to Speaker Pelosi and other House leaders, new
debate about raising the cap on H-1B visas or green card reforms isn't likely
to be penciled in any time soon in the House, says a government source, unless
the Senate makes the move first to revisit those issues.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.competeamerica.org/news/alliance_pr/20071022_newdemletter.html

FOR IMMEDIATE RELEASE
Oct. 22, 2007

Compete America Applauds New Democrat Coalition for Leadership on Visa Reform
for Highly Educated Professionals

Democratic House Members Call for H-1B Visa and EB Green Card Reform in Letter
to House Democratic Leadership

Washington D.C. -- Compete America today applauded the New Democrat
Coalition for urging the Democratic leadership in the U.S. House of
Representatives to complete action this year on reform of the visa system for
highly educated foreign-born professionals. In their letter to House Speaker
Nancy Pelosi and Majority Leader Steny Hoyer, members for the Coalition
stated:

"We are writing to request that the House of Representatives take action this
year to resolve the immediate talent crisis that is facing U.S.
employers. The United States is struggling to produce enough highly skilled,
highly educated experts in fields that are absolutely essential to American
competitiveness: science, technology, engineering, mathematics, and others.
Meanwhile, our outdated visa programs for the most highly skilled workers from
abroad are hopelessly out of line with the needs of the U.S. economy. U.S.
employers have no way to get the talent they need, and our country s
competitive edge is at risk. There are many legislative reforms that could be
taken, both short and long term. If America is to remain a worldwide leader
in innovation, the New Democrat Coalition strongly believes Congress must act
to alleviate the talent crisis before we adjourn this year."

The Members specifically endorsed the following reforms:

Modernizing student visa programs;

Aligning the supply of H-1B visas for professional workers with the needs of
U.S. employers so that the visa supply can respond to market demands;

Bringing the supply of employment-based green cards into line with the needs
of U.S. employers;

Recapturing" authorized but unused green card numbers; and

Strengthening agencies ability to enforce visa program rules and punish
violators.
"The demise of comprehensive immigration reform does not change reduce the
urgency for congressional action this year on skilled immigration reform"
said Robert Hoffman, Vice President for Government and Public Affairs at
Oracle and Co-Chair of Compete America. "We are grateful to the New Democrats
for their leadership -- which is one more example of wide bipartisan support
on the issue. Congress must act now to ensure continued growth in America s
innovation economy."

New Democrats signing the letter include: Ellen Tauscher (D-CA), Adam Smith
(D-WA), Joseph Crowley (D-NY), Artur Davis (D-AL), Ron Kind (D-WI), Rick
Larsen (D-WA), Dennis Moore (D-KS), Adam Schiff (D-CA), Jim Moran (D-VA),
Gregory Meeks (D-NY), Susan Davis (D-CA), Lois Capps (D-CA), Gabrielle
Giffords (D-AZ), Christopher Carney (D-PA), Michael Arcuri (D-NY), and David
Wu (D-OR).

For a complete copy of the letter, click here.

For more information on how highly educated immigration benefits America,
please visit www.competeamerica.org.

Compete America (www.competeamerica.org) is a coalition of corporations,
educators, research institutions and trade associations concerned about legal,
employment-based immigration and committed to ensuring that the United States
has the highly educated workforce necessary to ensure continued innovation,
job creation and leadership in a worldwide economy.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.latimes.com/news/nationworld/nation/la-na-immig25oct25,1,39366.story?coll=la-headlines-nation&track=crosspromo

Senators reject legal status for children of immigrants The so-called Dream
Act would have allowed young people to gain citizenship through education or
the military.
By Nicole Gaouette and Johanna Neuman
Los Angeles Times Staff Writers

10:13 AM PDT, October 24, 2007

WASHINGTON The Senate today rejected a bill that would have allowed young
people brought to the United States as children by their illegal immigrant
parents to gain legal status provided they attended school or entered the
military.

The 52-44 vote, short of the 60 required, was seen as a test of the Senate's
appetite for pursuing an immigration overhaul on a piecemeal basis, as opposed
to the comprehensive approach that failed this summer.
The procedural vote would have allowed debate to begin.

"I believe in this bill passionately," said lead sponsor Sen. Richard J.
Durbin (D-Ill.), who has lobbied for the so-called Dream Act for five years
and says he knows many young people who would be helped by it. "Some of their
stories are heartbreaking. Many know no other country, know no other language,
and now they are being told to leave by our government."

The Dream Act would give conditional legal status to illegal immigrants who
have lived in the U.S. at least five years and entered the country before age
16. They must graduate from high school, have no criminal record and have a
"good moral character." Provided the students completed two years of higher
education or service in the military, the conditional basis of the legal
status would be lifted. After five years, they could apply for citizenship.

Estimates vary as to the number of young illegal immigrants the bill would
affect. The Congressional Budget Office has put it at fewer than 100,000,
while the nonpartisan Migration Policy Institute has estimated it at closer to
500,000.

Democrats argued there was a moral imperative to pass the bill, saying that
skilled graduates would benefit American business and that the young people
who enlisted would provide a much-needed boost to a military struggling to
meet recruitment goals.

"Children should not be penalized for the actions of their parents," said
Senate Majority Leader Harry Reid (D-Nev.). "Many of the children this bill
addresses came here when they were very young. Many don't even remember their
home countries or speak the language of their home countries. They are just as
loyal and devoted to our country as any American."

Republicans objected both to the timing of the bill and to its substance.
Some complained that the Senate had several spending bills to process and
should not be debating a controversial immigration measure.

"We've yet to send a single appropriations bill," said Minority Leader Mitch
McConnell (R-Ky.).

Noting that the Internet tax moratorium expired in "exactly one week" and that
50 million taxpayers could become ensnared in a confusing tangle if Congress
did not address the average minimum tax, McConnell said, "We have an enormous
amount of work and we're running out of time."

Others, like Sen. John Cornyn (R-Texas), said the bill was flawed, citing the
fact that Dream Act beneficiaries would not be required to graduate college
with a degree.

Some who had been supportive of the measure when Durbin brought it up on
previous occasions were unenthusiastic. "Even though there's merit in the goal
of the Dream Act, I feel this should be part of a comprehensive approach,"
said Sen. Jon Kyl (R-Ariz.).

Conservative groups aggressively attacked the bill as an "amnesty" that would
provoke a storm of public outrage, as happened the last time the Senate took
up the issue of immigration reform.

"This is amnesty," said Sen. James Inhofe (R-Okla.). "It's a slap in the face
to all of those who came in here legally."

Noting the public uproar over previous attempts by the Senate to reform
immigration, Inhofe added: "When do we learn? All of America's awake on this
one. They know exactly what we're doing."

Durbin countered that Dream Act beneficiaries would have very limited ability
to sponsor family members to come to the U.S. and that his bill would not
allow them to get in-state tuition or federal aid. And he implored the Senate
not to ignore the talents and patriotism of children whose only crime was to
pack their suitcases when their parents told them the family was leaving.

"Don't tell me tomorrow you need HB-1 visas because we need more talented
people," he said to his Senate colleagues. "Give these children a chance."

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.competeamerica.org/news/alliance_pr/New_Dem_Letter_10-22-071.pdf

Congress of the United States

October 22, 2007

Dear Madame Speaker and Majority Leader:

We are writing to request that the House of Representatives take action this
year to resolve the immediate talent crisis that is facing U.S. employers. The
United States is struggling to produce enough highly skilled, highly educated
experts in fields that are absolutely essential to American
competitiveness: science, technology, engineering, mathematics, and others.
Meanwhile, our outdated
visa programs for the most highly skilled workers from abroad are hopelessly
out of line with the needs of the U.S. economy. U.S. employers have no way to
get the talent they need, and our country's competitive edge is at risk. There
are many legislative reforms that could be taken, both short and long term. If
America is to remain a worldwide leader in innovation, the New Democrat
Coalition strongly believes Congress must act to alleviate the talent crisis
before we adjourn this year.

The main visa category that U.S. employers rely on for critically needed
experts - the H-1B visa - is in such short supply that, last spring when
applications could first be filed for this year's visas, all of the visas for
the entire year ran out in a matter of hours. So many applications were filed
for so few visas that the government literally held a lottery to decide which
workers would join the American workforce.
Over half of the U.S. employers in the lottery wound up losers. This is no way
for the world's economic leader to stay ahead in the race for the world's best
talent.

The green card situation for the highly skilled is no better. Today, in many
key employment-based green card categories, a visa slot is only available to
those who started the permanent residence process five or more years ago. The
U.S. cannot expect to remain the top destination for the world's most talented
students and professionals when prospects for a green card remain distant
spots on the horizon, especially when competing countries abroad are welcoming
these experts by making it easier, not harder, to gain permanent residence.

This crisis is eroding U.S. job creation and is dulling the U.S.
competitive edge. In the long term,
Congress must resolve this crisis through a series of reforms, including:

o Modernizing student visa programs;
o Aligning the supply of H-1B visas for professional workers with the
needs of U.S. employers so
that the visa supply can respond to market demands;
o Bringing the supply of employment-based green cards into line with the
needs of U.S.
employers;
o "Recapturing" authorized but unused green card numbers; and
o Strengthening agencies' ability to enforce visa program rules and
punish violators.
It goes without saying that our nation must find ways to educate and train our
own workforce in these critical fields, and hiring skilled American workers
should remain a priority for American businesses.
Raising the skill level of the American workforce is the most critical part of
America's long-term competitiveness strategy for meeting the needs of our
global economy - and accomplishments in this

It goes without saying that our nation must find ways to educate and train our
own workforce in these critical fields, and hiring skilled American workers
should remain a priority for American businesses.
Raising the skill level of the American workforce is the most critical part of
America's long-term competitiveness strategy for meeting the needs of our
global economy - and accomplishments in this area, including passage of the
COMPETES Act, are a major first step. Forward-looking immigration reform,
however, can both alleviate the shortage in the near term and provide
increased funding, through visa fees, for retraining and educating the U.S.
workforce.

If the U.S. is to remain first in the field in innovation and global
competitiveness, we must take some action this year to find a short-term
solution to this ongoing talent crisis.

We also urge that the U.S. House of Representatives take action to provide
short-term fixes to help address other pressing workforce needs critical to
America's small and seasonal businesses, farmers, and hospitals by:

* Extending the existing exemption of returning seasonal or temporary
workers, who have received an H-2B visa in one of the three previous fiscal
years, from counting against the 66,000 H-2B visa cap;
* Recapturing approximately 61,000 unused EB3 visas from 1996-97 that
will provide approximately 25,000 visas for registered nurses and physical
therapists; and
* Simplifying and expediting the H-2A visa approval process for
agricultural workers.

The New Democrat Coalition stands ready to work with you to accomplish these
goals before Congress adjourns this year.

Sincerely,

Ellen Tauscher

Adam Smith

Joseph Crowley

Artur Davis

Ron Kind

Rick Larsen

Dennis Moore

Adam Schiff

Jim Moran

Gregory Meeks

Susan Davis

Lois Capps

Gabrielle Giffords

Christopher Carney

Michael Arcuri

David Wu

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