Bill To Abolish H-1B
Bill To Abolish H-1B
Date: Saturday, July 12, 2003 6:57 PM
JOB DESTRUCTION NEWSLETTER
www.ZaZona.com
Rep. Tom Tancredo just introduced a bill in Congress to abolish H-1B.
That's right, he wants to get rid of this scandalous piece of
legislation! His bill is at the end of this newsletter. Unlike most
Congressional bills it's simple and straightforward.
Before we all jump for joy and celebrate let's keep in mind that
Tancredo must find a co-sponsor and that won't be easy. Almost all
politicians support H-1B and would never dare to jeopardize their
corporate campaign dollars by signing onto this bill. Politicians that
dare to sign onto Tancredo's bill are putting themselves on the
corporate blacklist.
One other reality check: The GATS treaty enforced by the WTO requires
that a minimum of 65,000 H-1Bs be allowed to enter the U.S. per year.
If the U.S. unilaterally lowered H-1B it would be in violation and
could be tried in the World Court. Enforcement of GATS is problematic -
consider how George Bush flaunted the United Nations in order to fight
the Iraq war. The economic war we are fighting is far more dangerous to
the U.S. than anything Saddam Hussein ever did and threatens far more
Americans, so the precedent is set - when U.S. interests are under
direct threat it can unilaterally violate any agreement with any
nation.
Not surprisingly, the U.S. press is slow to report on Tancredo's bill
while the Indian press has several stories online. Indian special
interests are already coming up with spins on why the entire economy of
the free world will collapse if H-1B is abolished. The two articles
below are quite entertaining and are good illustrations of Indian
angst.
There is a glaring factual error in the first article that should be
discussed. It said that H-1B was created in 1952. That is wrong - the
Immigration and Nationality Act of 1952 established the H-2 program
that was to be used primarily for agricultural workers. In 1990 the
H-1B visa was created for technical workers and H-1A for nurses. The
connection with farm work is quite obvious and that's why H-1B visa
holders are sometimes called high-tech Braceros.
http://economictimes.indiatimes.com/cms.dll/html/uncomp/articleshow?msid=72677
Move afoot in US Cong to eliminate H1-B visas
IANS[ SUNDAY, JULY 13, 2003 01:01:55 AM ]
WASHINGTON: A quiet move is afoot in the US Congress to do away with
the H1-B visa category that has benefited countries like India,
particularly its software exports and IT professionals.
A Republican Congressman from Colorado, Tom Tancredo, has introduced a
15-line bill proposing to eliminate all visas under the H1-B category,
created in 1952 to provide the US economy with technically skilled
foreign workers.
The bill comes at a time of slump in the US economy and unemployment,
resulting in an outcry against H1-B visas and tech jobs being shipped
abroad, particularly to India, via outsourcing.
Tancredo, who is chairman of the Congressional Immigration Reform
Caucus, had earlier also tried to limit H1-B visas without success.
Calling Tancredo's latest bill as "an anti-immigration, anti-tech move
disguised as an economic stimulus", Gopal Raju, chairman of the Indian
American Centre for Political Awareness, said: "Congressman Tancredo
has argued that current unemployment levels in the US warrant an
outright cancellation of the H1-B programme in order to save those jobs
for American engineers and programmers."
"This move is patently unfair and will not help unemployment. Rather it
will cripple the high-tech and other technical industries and undercut
the American hi-tech industry's ability to be a competitive global
leader."
In a statement issued in New York, Raju said, "There is little evidence
that these jobs could be filled immediately by permanent residents and
citizens. These jobs would most likely be outsourced, further hurting
the economy by removing a substantial tax base."
Bhupi Patel, IACPA president, said: "Indian Americans who have come to
this country via the H1-B programme have added significantly to our
economy, our culture and our nation as a whole. Any attempt to
eliminate this programme would have a profound effect on the Indian
American community and would also signal to the world that the US has
turned its back on the spirit of diversity that has made us a great
nation."
The statement said IACPA would work with other national organisations
to highlight this legislation and educate members of the Indian
American community on its impact. IACPA is a strong advocate for
stronger civil rights and better immigration and hate crimes
legislation.
The latest report from India's National Association of Software and
Service Companies said India accounted for 77,000 H1-B visas in 2001
but only 33,000 in 2002, and the total is expected to drop to 30,000
this year.
"As of March 2003, India's software exports industry has approximately
120,000 H-1B visas and 15,000 L1 visas. These are a fraction of 195,000
H1-B and 315,000 L1 visas issued in a year by the US," Nasscom stated.
The report adds that about 40,000 Indian H1-B visa holders have
returned to India in the past two years, as the US economy has slumped.
The Nasscom report contended that outsourcing has not caused layoffs
but has, on the contrary, helped some US companies avert them. US
banks, financial services companies and insurance firms saved $6
billion in the past four years by sourcing work to India, it said.
During that time, part of the money saved via outsourcing went toward
the addition of 125,000 jobs at those institutions.
"Indian IT companies have and continue to contribute to the US economy
by employing nearly 60,000 people in the US in 2001," Nasscom report
said. "Nearly 170 Indian IT companies have physical establishments in
the US"
Nasscom's report was based on the findings of a study by the global
consulting firm McKinsey & Co.
http://www.hindustantimes.com/news/181_306015,00050001.htm
Now a Bill in US Congress wants H-1B visas out
S. Rajagopalan
Washington, July 13
After moves to restrict L-1 employment visas, a member of the US
Congress has now introduced a bill seeking the very abolition of the
coveted H-1B visas, whose main beneficiaries have been Indian tech
workers.
Republican lawmaker Tom Tancredo, who has introduced the bill in the
House of Representatives, is known for his extreme views on all
immigration, whether legal or illegal. But there have not been many
takers for his harsh prescriptions.
There are no co-sponsors for Tancredo's bill, which has been referred
to the House committee on judiciary. Some Indian sources believe that
nothing of consequence will come out of it.
The bill, however, will add to the mounting domestic pressures to roll
back the expanded H-1B programme to its pre-2000 level of 65,000 visas
a year. In the face of burgeoning demand for tech workers, the US had
in 2000 raised its annual cap on these visas to 195,000, but only for a
three-period.
Unless there is fresh Congress authorisation, the H-1B visas will
automatically revert to 65,000 a year, beginning October. American
companies, keen on cost cutting measures, want the liberal provisions
to continue.
Tancredo, however, has mooted an alternative "guest worker programme".
Wherever an American company is able to demonstrate a real need for
foreign workers, they can be allowed to bring them, but only for up to
two years---as against the maximum of six years permitted under H-1B
visas.
Tancredo's bill coincides with the introduction of a related bill by
Congresswoman Rosa L. DeLauro, proposing strict curbs on L-1 visas. De
Lauro, who had announced her plans last month, introduced the bill on
Thursday. Her bill seems to enjoy greater support, with eight other
members co-sponsoring it.
Among other things, De Lauro has proposed a cap of 35,000 annual L-1
visas and payment of prevailing US wages to L-1 workers to discourage
displacement of American workers. "Closing the loopholes in the L-1
visas will ensure that Americans are given opportunities to work," she
said.
H. R. 2688
To amend the Immigration and Nationality Act to repeal authorities
relating to H1-B visas for temporary workers.
IN THE HOUSE OF REPRESENTATIVES
July 9, 2003
Mr. TANCREDO introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to repeal authorities
relating to H1-B visas for temporary workers.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. REPEAL OF AUTHORITIES RELATING TO H1-B VISAS FOR TEMPORARY
WORKERS.
(a) Repeal of H1-B Provisions- The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by striking section
101(a)(15)(H)(i)(b), section 212(n), section 214(c)(9), section
214(c)(10), and section 286(s).
(b) CONFORMING AMENDMENTS-
(1) Section 214(c)(5)(A) of the Immigration and Nationality Act (8
U.S.C 1184(c)(5)(A)) is amended by striking `101(a)(15)(H)(i)(b) or'.
(2) Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended by striking
`1992)--' and all that follows through `(B)' and inserting `1992)'.
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Rob Sanchez is board member of NAEA - www.NAEA.US
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