John Edwards on H-1B/L-1
John Edwards on H-1B/L-1
Date: Tuesday, January 27, 2004 2:24 AM
JOB DESTRUCTION NEWSLETTER
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Presidential candidate John Edwards has a webpage with his opinions on H-1B and L-1 at:
http://www.johnedwards2004.com/page.asp?id=563
Like Dean and Clark, Edwards repeats a mantra that reads just like it was written by H-1B lobbyist Harris Miller (ITAA). Listed below are some excerpts from Edwards' website, and statements that Harris Miller has made in the past. There isn't much difference.
Edwards believes that there is a shortage of high-tech workers. He claims that the H-1B and L-1 problem can be solved by training Americans to have more skills, and enforcement of the existing laws.
Since there is no shortage of Americans with high-tech skills, and since enforcement of flawed laws will yield no benefits, Edwards is basically saying that he wants H-1B to remain as is.
There are some positives on his webpage, including his desire to require employers to recruit Americans first (currently employers don't have to consider Americans). Unfortunately this is a useless measure.
Green card work-visas have always had this requirement and it never stops companies from favoring foreign workers. All companies have to do to prove they can't find an American citizen is to run a bogus newspaper ad.
Political rhetoric aside, Edwards can't escape the fact that he voted for the 2000 bill to increase H-1B to 195,000. He receives a grade of F from BetterImmigration. The Edwards voting record is quite dismal:
Voted for a foreign worker bill with no anti-fraud measures in 2000.
Sen.Edwards voted for S.2045, the Abraham foreign worker bill to nearly triple the number of foreign high-tech workers. On the heels of the release of a GAO report finding no proof of a high-tech worker shortage and evidence of abuse in the H-1B program, Sen. Edwards voted for this foreign worker bill that contained no worker protections or anti-fraud measures. The bill passed the Senate 96-1.
Co-sponsoring bill to create a guestworker-amnesty program for agricultural workers in 2003-2004 Sen. Edwards is a co-sponsor of S. 1645, the Agricultural Job Opportunity, Benefits, and Security Act of 2003. S. 1645 would create a guestworker program that leads to amnesty for certain agricultural workers. The potential recipients of the amnesty will be required to prove 100 days of agricultural employment in the 18-month period that ended Aug. 31, 2003. Then, prior to receiving amnesty, workers would have to show 360 days of additional farm work over the next six years.
John Edwards Vs. Harris Miller Comparison
Edwards:
Getting new skills remains critical for all American workers.
Harris Miller:
It is a huge problem we have in this country - not having enough people with adequate skills and training. Many Americans do not have the background, education or skills to qualify for these [IT] assignments.
Edwards:
Stop Abuse in High-Tech Guestworker Programs.
Harris Miller:
As with any complex immigration program, we see some possible areas of improvement in its administration by the Departments of State and Homeland Security to insure that legitimate users have access and to prevent possible abuses,"
Edwards:
Edwards will eliminate the flagrant abuses in the H-1B and L1 programs by requiring employers to demonstrate that they could not recruit American workers and that they pay the prevailing wage.
Harris Miller: The law requires that you pay foreign workers at or above what comparable U.S. workers make.
Edwards:
High-tech guestworkers make a real contribution to America's economy when they do jobs Americans can't do.
Harris Miller:
For every household name, I suggest that there are thousands of other foreign workers making major contributions to U.S. companies, advancing the state of technology, increasing our competitive advantage and, by the way, paying taxes.
Edwards:
Today, however, companies misuse high-tech guestworker programs to hire foreign workers who will just work for less.
Harris Miller:
In creating the H1-B program Congress put in place the kind of controls that prevent employer abuses. In electing to hire a foreign worker, the employer must pay the higher of two wage rates: either the prevailing wage in the geographic area or the wage paid to other company employees performing the same work. Those wages must be posted on the company premises and the H1-B visa applications themselves are available for public inspection at the Department of Labor. Not following these rules is a violation of federal law. ITAA members support the enforcement of this law for sound business reasons, and, as an Association, we encourage our members to report violators to the Department of Labor.
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