Hispanic Caucus plays hardball on H-1B increase

Date: Friday, May 16, 2008 1:32 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1865 -- 5/15/2008 >>>>>

According to the two articles below there is no chance for an H-1B increase
this year. As the theory goes, the Hispanic Caucus said that unless they get
Comprehensive Immigration Reform (i.e. amnesty) they won't support an H-1B
increase. Rep. Lamar Smith of Texas is fuming over the situation:

"They have held this legislation hostage to their demand for a
massive amnesty for 12 million illegal immigrants, a demand that
the Senate has already rejected."

Sounds good doesn't it? Lamar Smith's angst should be a source of joy for
everyone but lawyers and greedy employers, but don't fall for it! Depending on
the Hispanic Caucus to save our jobs is like allowing the fox to guard the hen
house.

History shows that almost every time the press declares that an H-1B increase
won't happen, it happens. In other words, this is probably the time to be
vigilant. As an example, in 1998 the press said that an H-1B increase won't
happen because President Clinton said he would veto any H-1B increase. What
few newspapers reported on H-1B back then declared an increase as DOA, and the
few techies who knew what H-1B was celebrated prematurely. In early 1999
Congress slipped the increase into the omnibus spending bill and Clinton
immediately signed it.

Don't assume that H-1B increases won't happen in election years because that's
exactly what happened in 1998, 2000, and 2004. During election years
politicians are hungry for campaign money and the H-1B pushers are willing to
give them a fix. The allure of cash far outweighs the minor cries of anger
from the unorganized and scattered opponents of H-1B.

On the amnesty front the news isn't good, so the theory espoused by these two
articles is on shaky ground. In case you haven't heard, Congress is working on
a limited amnesty agreement which might be enough to placate the Hispanic
Caucus. If the amnesty passes, an H-1B increase might be a forgone conclusion.
Expect a newsletter soon on this distressing development.

I don't want to end on this newsletter without at least one good laugh, so
here's a good one from George Fishman, chief counsel to House Judiciary
immigration subcommittee who works for Lamar Smith:

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

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

http://news.medill.northwestern.edu/washington/news.aspx?id=86933

Piecemeal immigration legislation not the solution, says caucus

by Becca Milfeld
Apr 23, 2008
WASHINGTON -- A key Hispanic lawmaker charged Wednesday that the patchwork of
immigration bills before Congress is nothing more than a Band-Aid being used
to "cover a gaping wound."

Rep. Joe Baca, D-Calif., chairman of the Congressional Hispanic Caucus, joined
three fellow lawmakers in calling for Congress to shun piecemeal and
enforcement-based immigration legislation and pass comprehensive reform.

The vehicle: a bill that was introduced more than a year ago called "The
STRIVE Act."

No hearings are scheduled for the bill, which has 75 co-sponsors, but caucus
members nonetheless touted it as the best solution for reform. The proposal
touches on issues ranging from border enforcement to undocumented workers
already living in the country.

The caucus members focused on what they characterized as the hodge-podge
nature of other immigration reform proposals, including the push to increase
the number of seasonal guest worker visas. The Hispanic caucus members blocked
that measure because it tackled only part of the problem.

But the leading Republican on the House Judiciary Committee disagreed.

"For months, the Democratic majority and the Congressional Hispanic Caucus
have prevented the House of Representatives from voting on critical
immigration legislation, including a border security bill and an emergency
increase in H-1B visas for American high-tech companies," Rep. Lamar Smith of
Texas said in a statement.

"They have held this legislation hostage to their demand for a massive amnesty
for 12 million illegal immigrants, a demand that the Senate has already
rejected."

A spokesman for House Speaker Nancy Pelosi of California said progress is

unlikely on immigration reform without an end to partisanship.

"Unless the president and the Republican leadership engage Democrats in a
positive way instead of using this issue to score partisan political points,
members will only grow more frustrated with the process," said Nadeam Elshami
in a statement.

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

http://www.news.com/8301-10784_3-9941962-7.html

May 12, 2008 12:12 PM PDT
Dim outlook for H-1B changes in this Congress?
Posted by Anne Broache 28 commentsUpdated at 12:57 p.m. PDT to add the
Democratic leadership's comments.

WASHINGTON--The U.S. Congress won't be beefing up the number of H-1B visas
anytime soon, the chief legal adviser to an influential Republican predicted
Monday.

Proposals to raise the annual H-1B cap would sail through Congress if called

up for a floor vote, but political considerations mean that probably won't
happen anytime soon, said George Fishman, chief counsel to the Republican side
of a U.S. House of Representatives Judiciary Committee panel on immigration.

That's because the Democratic leadership, including House Speaker Nancy
Pelosi, has given the Congressional Hispanic Caucus "veto power" over any
immigration-related bill that comes to the House floor, regardless of its
popularity, Fishman said at a panel discussion here hosted by the Heritage
Foundation, a conservative think tank that supports an increase in the H-1B
cap.

"The Hispanic Caucus sees it as a bargaining chip to get what they want, which
is comprehensive immigration reform, amnesty for illegal immigrants, whatever
you want to call it," Fishman said. "Until the Democratic leadership allows
legislation (related to H-1Bs) to go to the floor on its own merits, that's
the situation we have here."

Fishman's boss, Rep. Lamar Smith (R-Texas), is the ranking member of the House
Judiciary Committee and has proposed an "emergency" H-1B increase to 195,000
in 2008 and 2009--the highest level since its peak between 2001 and 2003.

Still, increasing the cap is hardly a one-sided issue, with a number of
Democrats--particularly those in districts with prominent high-tech companies-
-onboard as well.

"Democrats are committed to working together toward balanced immigration
reform, including H-1B visas, and we are continuing to hold hearings in order
to move this issue forward," an aide to House Majority Leader Steny Hoyer told
CNET News.com on Monday.

H-1Bs are temporary work permits that allow foreigners with at least a
bachelor's degree in their area of specialty to work in the United States for
up to six years. Currently, the annual cap stands at 65,000, with an
additional 20,000 for foreigners with advanced degrees from U.S.
universities. This year, U.S. immigration officials reported receiving more
than 163,000 petitions for next year's slots within the first five days and
are no longer accepting new applications.

Seated alongside Fishman at the Heritage event were two other H-1B proponents
similarly pessimistic about changes occurring this year: Kelly Krieger Hunt,
the U.S. Chamber of Commerce's senior manager for immigration policy, and
James Sherk, a Heritage Foundation labor policy fellow. Sherk pointed to a
study he and a colleague recently conducted, which estimated the United States
will take in an extra $69 billion in tax revenue if 100,000 additional H-1B
visaholders are allowed to work each year for the next eight years.

"The H-1B program can and usually does operate to the benefit of both American
high-tech companies and American workers. It is the job of Congress to ensure
that it always does."
--George Fishman, chief counsel to House Judiciary immigration subcommitteeBut
those positive depictions of H-1Bs are not without controversy. During the
question-and-answer session, a representative from a group called the
Federation for American Immigration Reform, which supports more restrictive
immigration policies, asked why the panel had been stacked with pro-H1B
advocates and suggested every employer applying for the visas should be
subject to a full, on-site investigation to verify its authenticity.

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."

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