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Sanders, Grassley introduce new guest visa restrictions

By Tony Romm - 11/20/09 11:54 AM ET

A Senate bill introduced Thursday would prohibit big companies that announce massive layoffs from subsequently hiring foreign workers to fill their ranks.

The Employ America Act, sponsored by Sens. Bernie Sanders (I-Vt.) and Chuck Grassley (R-Iowa), is an attempt to combat what both lawmakers said was an obvious attempt by major firms to capitalize on cheap labor using the guest visa program during this year's economic downturn.

"Our foreign guest worker programs are in place to fill employment needs where there is a shortage of American workers, not as a subterfuge to hire cheap labor," Grassley, the ranking Republican on the Senate Finance Committee, said in a statement on Thursday.

"With the unemployment rate over 10 percent, companies that undertake mass layoffs shouldn’t need to hire foreign guest workers when there are plenty of qualified Americans looking for jobs,” he added.

Sanders and Grassley's bill builds off another, similar guest visa proposal they introduced earlier this year as part of the federal stimulus program. That provision prevents firms that received any portion of the Troubled Asset Relief Program from replacing laid-off Americans with guest-visa authorized workers.

Their new effort, however, is far more expansive.

According to a draft version of the bill, the Department of Homeland Security would not be allowed to authorize work visas to foreigners who were about to seek employment at firms that have conducted a mass layoff within the past 30 days.

The bill reportedly defines a mass layoff of as a reduction of at least 500 employees at larger firms, or 50 to 499 employees at firms where those who were offered pink slips comprise 33 percent of the original workforce.

“With the unemployment rate still climbing and millions of people looking for work, we have a responsibility to ensure that companies do not use the temporary guest-worker program to replace American workers with cheaper labor from overseas,” Sanders said.

Source:
http://thehill.com/blogs/blog-briefing-room/news/68863-sanders-grassley-introduce-new-guest-visa-restictions

Comments (7)

I have never liked Grassley but this does sound like a real good ideaBY janeycat on 11/20/2009 at 12:22
This bill is a joke. They will wait 30 days and then their slave labor can be hired. If they were serious they'd eliminate H1B/L1 visas all together but since they're bought and paid for by corporations THAT AIN'T GOING TO HAPPEN.BY kickemallout on 11/20/2009 at 14:24
hey, don't be fooled by the commies! "a wolf in sheep clothings" once a commie always a commie! he is just trying to save his bacon! he may not come up for re-election this yr. but some yr it will happen and we won't forget! remember 2010/nov./vote, kick them out! take there pension! don't ever let them in! barr them from public office forever! if they r not for this country and it's people there against us!BY kk on 11/20/2009 at 14:35
A 30 day waiting period is a joke. Companies like IBM layed off over 10K American workers this year only to replace them with outsourced, H1B, and L1 resources. Large companies can easily backfill layed off employees for 30 days. If they really wanted to protect American workers they should enforce existing H1 and L1 employment laws.BY JB on 11/20/2009 at 19:33
Great Idea…but, keep this in mind..If companies had tough time finding the right candidate, they will outsource the job. The real fix is to make America's human resources competitive.BY RM on 11/22/2009 at 22:55
We all should keep in mind what could happen if H-1B/L-1 category visas are banned completely. H-1B/L-1 visa allows a foreign individual to be physically present in the US and accept employment. Although the work in being done by a foreign national, he still pays state and federal taxes, contributes to the social security fund (only a very few end up retiring in US and claim the benefits), Medicare etc. If H-1B/L-1 visas were banned all together, a lot more work will be shipped abroad and along with it the money the federal and state governments could have earned in taxes.The assumption that the guest workers are used as cheap substitute is completely absurd (well … partially). Employers are required to pay guest workers prevailing wages that exists in the region that they employ them. This clause in the guest worker program is to ensure that guest workers are not used as cheap labor. But the H-1B/L-I visas are employer dependent, i.e. a company has to sponsor these visas and the guest worker can only work for that organization unless he can find another company to continue supporting the H-1B. It is a kind of “bonded labor” i.e. the guest worker is not a free agent. The guest worker cannot freely choose to work for another employer if his current employer does not treat him well – denies pay raises, denies promotion, demotes him/her, etc. Thus companies can manage attrition without additional costs. This is one of the many ways companies can potentially exploit guest workers. Senators should propose a bill that makes guest workers “free agents” once certain conditions are met. The problem we have to day is that US does not have too many “free agent” guest workers. If guest workers were free to choose employers, we will see wages increasing and only the crème’ de la crème of the guest workers will remain in the US.BY JM on 11/23/2009 at 09:59
"We all should keep in mind what could happen if H-1B/L-1 category visas are banned completely. H-1B/L-1 visa allows a foreign individual to be physically present in the US and accept employment. Although the work in being done by a foreign national, he still pays state and federal taxes, contributes to the social security fund "ahhh, the without H-1bs they will outsource LIEIndian outsourcers are the largest users of H-1b, they warn in their financial reports that access to H-1b is an investmet risk, and the Indian commerce Minister called H-1b 'the outsourcing visa'nice try thoughBY Tom on 11/30/2009 at 10:40

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