Letter to Nancy Pelosi, Speaker of the House, and Harry Reid, Senate Majority Leader, Re: Reform H-1B Program Before Any Increase
Letter
Letter to Nancy Pelosi, Speaker of the House, and Harry Reid, Senate Majority Leader, Re: Reform H-1B Program Before Any Increase
GRASSLEY URGES REID, PELOSI TO REFORM H-1B VISA PROGRAM BEFORE ANY INCREASE
In an effort to ensure highly skilled American workers are given the first opportunity at American jobs, Senator Chuck Grassley has requested that Speaker of the House Nancy Pelosi and Senate Majority Leader Harry Reid enact H-1B reform before any attempt to increase the supply of H-1B visas.
In a letter sent today to the leaders of the House and Senate, Grassley outlined the reforms needed to close loopholes being exploited by U.S. and foreign businesses and pushed the leaders to review the program before making irresponsible commitments by statutorily increasing the H-1B visa cap."
"I'm in favor of the program but believe that reforms need to be made so the H-1B program can be a benefit for U.S. businesses and American workers," Grassley said. "We can't let powerful outside interests cloud our view of the harsh reality that highly skilled Americans are being passed over for jobs for cheaper, foreign labor. Even Secretary Chertoff told the Judiciary Committee yesterday that there are problems with the program. "
Grassley has been leading the effort to close loopholes and enact reform in the H-1B visa program. He introduced a comprehensive H-1B and L visa reform bill last year with Senator Dick Durbin that would give priority to American workers and crack down on unscrupulous employers who deprive qualified Americans of high-skill jobs.
Here's a copy of the text of the letter to Pelosi and Reid.
April 3, 2008
The Honorable Nancy Pelosi
Speaker
U.S. House of Representatives
Washington, D.C. 20515
The Honorable Harry Reid
Majority Leader
United States Senate
Washington, D.C. 20510
Dear Speaker Pelosi and Majority Leader Reid:
Without a doubt, you have heard the squeals and hollers of some powerful business interests regarding their inability to bring in an infinite number of foreign workers through the H-1B visa program. I'm writing to strongly encourage you to review the program before you make irresponsible commitments to appease these interests and statutorily increase the supply of H-1B visas.
The H-1B visa program was created to help U.S. based companies fill a shortage and recruit high skilled workers from abroad while the country invested in American workers to pick up the skills needed. While I don't oppose the program, I believe that reforms are needed to make sure that U.S. companies and American workers are protected first and foremost.
According to statistics released by the Department of Homeland Security, foreign outsourcers top the list of companies bringing foreign workers to the U.S. on the H-1B program. Eight of the top 10 visa recipients in 2007 are based in India. The top nine foreign-based companies in 2006 used nearly 20,000 of the available H-1B visas. The statistics are clear. Thousands of visas are going to foreign based companies, leaving U.S. companies scrambling for qualified workers.
That is why we need reform, and not just a thoughtless increase in the visa supply. Reforms are needed so that U.S. businesses - both large and small - can find, recruit and hire the workers they need.
Don't take only my word for it. Senator Durbin and I have been working in a bipartisan manner to make changes to the program. Our legislation, S. 1035, has the support of the AFL-CIO and the Institute of Electrical and Electronics Engineer, Inc., the world's leading professional association for the advancement of technology.
Yesterday, Secretary Chertoff appeared before the Senate Judiciary Committee and was asked about the H-1B visa program. He conceded that there are problems with the program and that more needs to be done to reduce fraud and abuse. He needs more authority from Congress to more effectively control and oversee the H-1B visa program.
One of the major reforms needed to protect American workers is to require employers to make a good faith effort to recruit U.S. citizens before hiring an H-1B visa holder. We need to require all users of the visa program to first recruit Americans for these high-skilled, high paying jobs.
Another reform needed is to increase the investigative power for the Department of Labor. Some companies are using ruthless tactics to undermine the system and pay lower salaries and benefits to foreign workers. Current law is handicapping federal officials from going after the bad actors and rooting out more fraud. We need to give them the power to audit and investigate abuse.
Finally, we need to increase transparency for U.S. taxpayers to view job openings that are filled by H-1B visa workers. We should require employers to better advertise job openings so that American workers can have a chance at the jobs before they are taken by foreign workers.
These and additional reforms from S. 1035 are critical to putting integrity back into the H-1B visa program. If we do not make changes, foreign outsourcers will continue to import thousands of foreign workers to the detriment of U.S. businesses and workers. Raising the H-1B cap without reforms will likely harm U.S. companies and diminish America's competitive edge in the global economy. I hope you'll agree.
Sincerely,
Charles E. Grassley
United States Senator
Cc: The Honorable John A. Boehner, U.S. House of Representatives Republican Leader
The Honorable Mitch McConnell, U.S. Senate Minority Leader
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