Comments on: Senators propose infinite H-1Bs for advanced degree holders

Bill would exempt anyone with a master's degree or higher from a U.S. university, or with such a degree from a foreign university in certain fields.

[davemesaaz]

Our students are bilingual and multi-ethnic importing teachers reflect it

Well here is the deal.. Our students (especially one from the inner cities) speak a variety of languages Spainish Chinese Pakistani Hindi wouldn't it be great to have people that spoke those languages?

They understand the cultural background that the students have and can help to overcome it.

I have taught before and in any classroom you will have those that refuse to pay attention. But if the content is better to those that can listen then why should we be opposed to it?

For those that don't pay attention a different accent can be a novelty an attention getter to those who normally would sit there passively. When they have to listen closer to understand it changes them from passive learners to active learners..

[rthrelkeld]

Open competition is ok, but this is not it

I have run a software consulting firm since 1980. There have been ups and downs in the supply/demand curves, but this is the first time that long term clients will not even let me bid on work. One of my Fortune 100 clients has told its managers that if they let someone who is not either H1B or offshore do programming work, they will be fired.

We have worked with this client for 27 years and know their systems inside and out. We have many, many awards from them for our work. We have proved that we produce better code at about one third the price (by using fewer hours at a higher rate) than their H1B programmers. But it does not matter.

The H1B programmers are paid between $20-25/hour which is way below the going rate for non-H1B programmers. The company certified they are paying the going rate, but there is little, if any, enforcement of this.

I don't mind competing on a level field - my productivity against anyone else. I'll produce more, better, and faster than anyone else for the total money spent. But here I'm not even allowed to compete.

Richard Threlkeld

[George Barr]

U.S. Citizens are being discriminated against by Indian Companies

Indian companies discriminate against U.S. citizens for U.S. jobs

Quoting from this Information week article

http://www.informationweek.com/news/showArticle.jhtml?articleID=199602025

"... Wipro and Satyam note that H-1B workers make up most of their U.S. staffs."

These are H-1b dependent companies, are making no effort to hire U.S. citizens into these U.S. jobs. Satyam, Wipro, and Tata openly discriminate against U.S. citizens for U.S. jobs.

A company with more than 15% of their employees on an h-1b (and these companies are well above that), has to make a good faith effort to hire a U.S. citizen. These Indian It outsourcing companies are not doing that.

Clearly they are breaking U.S. law. The George Bush Department of Labor is doing nothing about this.

In open testimony before Congress, a job applicant made a phone call to a recruiting agency for a U.S. job. She was told they would not interview her, despite her excellent qualifications, simply because she could not be sponsored for an h-1b Visa. This incident was witnessed by dozens of congressional personnel. The George Bush Department of Labor did nothing about this.

Senators Dick Durbin and Chuck Grassley are merely asked for information regarding the hiring and firing practices of these outsourcing companies. And as a result the Indian Commerce Minister is threatening trade sanctions against the United States, for merely asking for such information.

This is a huge cover-up of discrimination againt U.S. workers because of their national origin, on the part of companies operating in the United States. It is so big, that whole governments are motivated to cover it up, that is why India is threatening trade sanctions against the U.S. for even asking questions. And the George-Bush Department of Labor is doing nothing (absolutely nothing) to stop it.

It is time to shine a light onto the biggest case of open discrimination based upon national origin, EVER, in the United States.

Federal Laws against discrimination are being broken. And the United States is being threatened with trade sanctions for asking questions about it, talking about, thinking about it.

[votenow]

Senators bought and paid for by Corporations

Just say NO to corporate greed and it is now time to contact your Representatives and Senators and tell them to kill the SKIL bill baked into this new immigration bill or they will be voted out of office just as former Rep. George Allen was and replaced by Rep Jim Webb who is against any increase in H-1B's.
WwW.write-me-in.org is now proposing to replace all currently elected Senators and Representatives with 'Real' people that are not 'bought and paid for' by the greedy corporations that will do what is right for the people and not bow down to the corporate greed, please read the text of the bill below to see what is in there.

Sen Cornyn re introduces the SKIL legislation

On Tuesday, April 10, 2007, Senator John Cornyn re-introduced the SKIL act that had previosly been incorporated into last year's bi-partisan comprehensive immigration reform bill. The text of the new legislation, S. 1083 is not yet available. It is believed, however, to be the same as that introduced last year. Below is the full text of last year's proposed legislation.


109th CONGRESS

2d Session

S. 2691

To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 2, 2006

Mr. CORNYN (for himself,, Mr. ALLEN,, Mr. ENZI,, Mr. LOTT,, Mr. ALLARD, and, Mr. BENNETT) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Securing Knowledge, Innovation, and Leadership Act of 2006' or the `SKIL Act of 2006'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS

Sec. 101. H-1B visa holders.

Sec. 102. Market-based visa limits.

TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES

Sec. 201. United States educated immigrants.

Sec. 202. Immigrant visa backlog reduction.

Sec. 203. Student visa reform.

Sec. 204. L-1 visa holders subject to visa backlog.

Sec. 205. Retaining workers subject to green card backlog.

TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM

Sec. 301. Streamlining the adjudication process for established employers.

Sec. 302. Providing premium processing of employment-based visa petitions.

Sec. 303. Eliminating procedural delays in labor certification process.

TITLE IV--MISCELLANEOUS

Sec. 401. Completion of background and security checks.

Sec. 402. Visa revalidation.

Sec. 403. Severability.

TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS

SEC. 101. H-1B VISA HOLDERS.

(a) In General- Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended--

(1) in subparagraph (B)--

(A) by striking `nonprofit research' and inserting `nonprofit';

(B) by inserting `Federal, State, or local' before `governmental'; and

(C) by striking `or' at the end;

(2) in subparagraph (C)--

(A) by striking `a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))),' and inserting `an institution of higher education in a foreign country,'; and

(B) by striking the period at the end and inserting a semicolon;

(3) by adding at the end, the following new subparagraphs:

`(D) has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));

`(E) has been awarded medical specialty certification based on post-doctoral training and experience in the United States; or'.

(b) Applicability- The amendments made by subsection (a) shall apply to any petition or visa application pending on the date of enactment of this Act and any petition or visa application filed on or after such date.

SEC. 102. MARKET-BASED VISA LIMITS.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--

(1) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)'; and

(B) in subparagraph (A)--

(i) in clause (vi) by striking `and';

(ii) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and

(iii) by adding after clause (vii) the following:

`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of the Securing Knowledge, Innovation, and Leadership Act of 2006; and

`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';

(2) in paragraph (5), as amended by section 101(a), in the matter preceding subparagraph (A), by inserting `101(a)(15)(H)(i)(b1) or section' after `under section';

(3) in paragraph (8), by striking subparagraphs (B)(iv) and (D);

(4) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and

(5) by inserting after paragraph (8) the following:

`(9) If the numerical limitation in paragraph (1)(A)--

`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or

`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.

TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES

SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(F) Aliens who have earned a master's or higher degree from an accredited United States university.

`(G) Aliens who have been awarded medical specialty certification based on post-doctoral training and experience in the United States preceding their application for an immigrant visa under section 203(b).

`(H) Aliens who will perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) as lacking sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers.

`(I) Aliens who have earned a master's degree or higher in science, technology, engineering, or math and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b).

`(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who have received a national interest waiver under section 203(b)(2)(B).

`(K) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

(b) Labor Certifications- Section 212(a)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

(1) by striking `or' at the end of subclause (I);

(2) by striking the period at the end of subclause (II) and inserting `; or'; and

(3) by adding at the end the following:

`(I) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'.

SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION.

Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

`(d) Worldwide Level of Employment-Based Immigrants- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

`(1) 290,000;

`(2) the difference between--

`(A) the maximum number of visas authorized to be issued under this subsection during the previous fiscal year; and

`(B) the number of such visas issued during the previous fiscal year; and

`(3) the difference between--

`(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and

`(B) the number of visas calculated under clause (i) that were issued after fiscal year 2005.'.

SEC. 203. STUDENT VISA REFORM.

(a) In General- Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:

`(F) an alien--

`(i) who--

`(I) is a bona fide student qualified to pursue a full course of study in mathematics, engineering, technology, or the sciences leading to a bachelors or graduate degree and who seeks to enter the United States for the purpose of pursuing such a course of study consistent with section 214(m) at an institution of higher education (as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; or

`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;

`(ii) who--

`(I) has a residence in a foreign country which the alien has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; or

`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;

`(iii) who is the spouse or minor child of an alien described in clause (i) or (ii) if accompanying or following to join such an alien; or

`(iv) who--

`(I) is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) or (ii) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico; or

`(II) is engaged in temporary employment for optional practical training related to such the student's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;'.

(b) Admission- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by inserting `(F)(i),' before `(L) or (V)'.

(c) Conforming Amendment- Section 214(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(m)(1)) is amended, in the matter preceding subparagraph (A), by striking `(i) or' and inserting `(i), (ii), or (iv)'.

SEC. 204. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following new subparagraph:

`(G) The limitations contained in subparagraph (D) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(L) on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for labor certification (if such certification is required for the alien to obtain status under such section 203(b)) has been filed, if 365 days or more have elapsed since such filing. The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under this subparagraph until such time as a final decision is made on the alien's lawful permanent residence.'.

SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

(a) Adjustment of Status-

(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:

`(a) Eligibility-

`(1) IN GENERAL- The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

`(A) the alien makes an application for such adjustment;

`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

`(C) an immigrant visa is immediately available to the alien at the time the application is filed.

`(2) SUPPLEMENTAL FEE- An application under paragraph (1) that is based on a petition approved or approvable under subparagraph (E) or (F) of section 204(a)(1) may be filed without regard to the limitation set forth in paragraph (1)(C) if a supplemental fee of $500 is paid by the principal alien at the time the application is filed. A supplemental fee may not be required for any dependent alien accompanying or following to join the principal alien.

`(3) VISA AVAILABILITY- An application for adjustment filed under this paragraph may not be approved until such time as an immigrant visa become available.'.

(b) Use of Fees- Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting before the period at the end `and the fees collected under section 245(a)(2).'.

TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM

SEC. 301. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.

Section 214(c) of the Immigration and Nationality Act (8. U.S.C. 1184) is amended by adding at the end the following new paragraph:

`(1) Not later than 180 days after the date of the enactment of the Securing Knowledge, Innovation, and Leadership Act of 2006, the Secretary of Homeland Security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section 203(b). Such precertification procedure shall enable an employer to avoid repeatedly submitting documentation that is common to multiple petitions and establish through a single filing criteria relating to the employer and the offered employment opportunity.'.

SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.

(a) In General- Pursuant to section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security shall establish and collect a fee for premium processing of employment-based immigrant petitions.

(b) Appeals- Pursuant to such section 286(u), the Secretary of Homeland Security shall establish and collect a fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition.

SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

(a) Prevailing Wage Rate-

(1) REQUIREMENT TO PROVIDE- The Secretary of Labor shall provide prevailing wage determinations to employers seeking a labor certification for aliens pursuant to part 656 of title 20, Code of Federal Regulation (or any successor regulation). The Secretary may not delegate this function to any agency of a State.

(2) SCHEDULE FOR DETERMINATION- Except as provided in paragraph (3), the Secretary of Labor shall provide a response to an employer's request for a prevailing wage determination in no more than 20 calendar days from the date of receipt of such request. If the Secretary fails to reply during such 20-day period, then the wage proposed by the employer shall be the valid prevailing wage rate.

(3) USE OF SURVEYS- The Secretary of Labor shall accept an alternative wage survey provided by the employer unless the Secretary determines that the wage component of the Occupational Employment Statistics Survey is more accurate for the occupation in the labor market area.

(b) Placement of Job Order- The Secretary of Labor shall maintain a website with links to the official website of each workforce agency of a State, and such official website shall contain instructions on the filing of a job order in order to satisfy the job order requirements of section 656.17(e)(1) of title 20, Code of Federal Regulation (or any successor regulation).

(c) Technical Corrections- The Secretary of Labor shall establish a process by which employers seeking certification under section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as amended by section 201(b), may make technical corrections to applications in order to avoid requiring employers to conduct additional recruitment to correct an initial technical error. A technical error shall include any error that would not have a material effect on the validity of the employer's recruitment of able, willing, and qualified United States workers.

(d) Administrative Appeals- Motions to reconsider, and administrative appeals of, a denial of a permanent labor certification application, shall be decided by the Secretary of Labor not later than 60 days after the date of the filing of such motion or such appeal.

(e) Applications Under Previous System- Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall process and issue decisions on all applications for permanent alien labor certification that were filed prior to March 28, 2005.

(f) Effective Date- The provisions of this section shall take effect 90 days after the date of enactment of this Act, whether or not the Secretary of Labor has amended the regulations at part 656 of title 20, Code of Federal Regulation to implement such changes.

TITLE IV--MISCELLANEOUS

SEC. 401. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following new subsection:

`(i) Requirement for Background Checks- Notwithstanding any other provision of law, until appropriate background and security checks, as determined by the Secretary of Homeland Security, have been completed, and the information provided to and assessed by the official with jurisdiction to grant or issue the benefit or documentation, on an in camera basis as may be necessary with respect to classified, law enforcement, or other information that cannot be disclosed publicly, the Secretary of Homeland Security, the Attorney General, or any court may not--

`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;

`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or

`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.

`(j) Requirement to Resolve Fraud Allegations- Notwithstanding any other provision of law, until any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act has been investigated and resolved, the Secretary of Homeland Security and the Attorney General may not be required to--

`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;

`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or

`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.

`(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts.'.

SEC. 402. VISA REVALIDATION.

(a) In General- Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following:

`(i) The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph E, H, I, L, O, or P of section 101(a)(15) to apply for a renewal of such visa within the United States if--

`(1) such visa expired during the 12-month period ending on the date of such application;

`(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; and

`(3) the alien has complied with the immigration laws and regulations of the United States.'.

(b) Conforming Amendment- Section 222(h) of such Act is amended, in the matter preceding subparagraph (1), by inserting `and except as provided under subsection (i),' after `Act'.

SEC. 403. SEVERABILITY.

If any provision of this Act, any amendment by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the applications of such to any other person or circumstance shall not be affected by such holding.


Copyright© 2007 The Gotcher Law Group, PC - All Rights Reserved

[votenow]

Hear this now H-1B supporters.

Just as a friendly reminder to any and all politicians that side with the corporate greed for cheap labor and support any increase to the H-1B and/or L1 against the wishes of the people to end this corrupt program of a failed system, we the people will vote them out of office in the next election in 2008 and expose the errors of their ways to the people that have the power to vote them out of office just as George Allen of Virginia was voted out and replaced with a more level headed Representative Jim Webb that knows about the abuses and failure of the current H-1B system .



Following is what is ?baked? into the current ?STRIVE? bill from Rep. Flake of Arizona.


1 SEC. 507. H?1B VISAS.
2 (a) IN GENERAL.?Section 214(g)(5) (8 U.S.C.
3 1184(g)(5)) is amended?
4 (1) in subparagraph (B)?
5 (A) by striking ??nonprofit research?? and
6 inserting ??nonprofit??;
7 (B) by inserting ??Federal, State, or local??
8 before ??governmental??; and
9 (C) by striking ??or?? at the end;
10 (2) in subparagraph (C)?
11 (A) by striking ??until the number of aliens
12 who are exempted from such numerical limita13
tion during such fiscal year exceeds 20,000.??
14 and inserting ??or has been awarded a medical
15 specialty certification based on post-doctoral
16 training and experience in the United States.??;
17 and
18 (B) by striking the period at the end and
19 inserting ??; or??; and
20 (3) by adding at the end the following:
21 ??(D) has earned a master?s or higher degree in
22 science, technology, engineering, or mathematics
23 from an institution of higher education outside of
24 the United States.??.
25 (b) APPLICABILITY.?The amendments made by sub26
section (a) shall apply to any petition or visa application
VerDate 0ct 09 2002 18:33 Mar 22, 2007 Jkt 000000 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 C:\TEMP\GUTIER~1.XML HOLCPC
March 22, 2007 (6:33 p.m.)
pending on the date of enactment of this Act and any peti2
tion or visa application filed on or after such date.
3 (c) MARKET-BASED VISA LIMITS.?Section 214(g)
4 (8 U.S.C. 1184(g)) is amended?
5 (1) in paragraph (1)?
6 (A) in the matter preceding subparagraph
7 (A), by striking ??(beginning with fiscal year
8 1992)??; and
9 (B) by amending subparagraph (A) to read
10 as follows:
11 ??(A) under section 101(a)(15)(H)(i)(b),
12 may not exceed?
13 ??(i) 115,000 in fiscal year 2007; and
14 ??(ii) the sum of 115,000 and the
15 number calculated under paragraph (9) in
16 fiscal year 2008 and each subsequent fiscal
17 year;??.
18 (2) in paragraph (8)?
19 (A) in subparagraph (B), by striking
20 clause (iv); and
21 (B) by striking subparagraph (D);
22 (3) by redesignating paragraphs (9), (10), and
23 (11) as paragraphs (10), (11), and (12), respec24
tively; and
VerDate 0ct 09 2002 18:33 Mar 22, 2007 Jkt 000000 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 C:\TEMP\GUTIER~1.XML HOLCPC
March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
401
H.L.C.
1 (4) by inserting after paragraph (8) the fol2
lowing:
3 ??(9) If the numerical limitation in paragraph
4 (1)(A)?
5 ??(A) is reached during a given fiscal year,
6 the numerical limitation under paragraph
7 (1)(A) for the subsequent fiscal year shall be
8 equal to 120 percent of the numerical limitation
9 of the given fiscal year, not to exceed 180,000;
10 or
11 ??(B) is not reached during a given fiscal
12 year, the numerical limitation under paragraph
13 (1)(A) for the subsequent fiscal year shall be
14 equal to the numerical limitation of the given
15 fiscal year.??.
16 SEC. 508. UNITED STATES EDUCATED IMMIGRANTS.
17 (a) EXEMPTION FROM NUMERICAL LIMITATIONS.?
18 (1) IN GENERAL.?Section 201(b)(1) (8 U.S.C.
19 1151(b)(1)), as amended by section 504(a), is fur20
ther amended by adding at the end the following:
21 ??(G) Aliens who have earned a master?s or
22 higher degree from an accredited university in the
23 United States.
24 ??(H) Aliens who have been awarded medical
25 specialty certification based on post-doctoral training
VerDate 0ct 09 2002 18:33 Mar 22, 2007 Jkt 000000 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 C:\TEMP\GUTIER~1.XML HOLCPC
March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
402
H.L.C.
1 and experience in the United States preceding their
2 application for an immigrant visa under section
3 203(b).
4 ??(I) Aliens who will perform labor in shortage
5 occupations designated by the Secretary of Labor for
6 blanket certification under section 212(a)(5)(A) as
7 lacking sufficient United States workers able, will8
ing, qualified, and available for such occupations and
9 for which the employment of aliens will not adversely
10 affect the terms and conditions of similarly employed
11 United States workers.
12 ??(J) Aliens who have earned a master?s degree
13 or higher in science, technology, engineering, or
14 math and have been working in a related field in the
15 United States in a nonimmigrant status during the
16 3-year period preceding their application for an im17
migrant visa under section 203(b).
18 ??(K) Aliens described in subparagraph (A) or
19 (B) of section 203(b)(1) or who have received a na20
tional interest waiver under section 203(b)(2)(B).
21 ??(L) The spouse and minor children of an alien
22 described in subparagraph (G), (H), (I), (J), or
23 (K).??.
24 (2) APPLICABILITY.?The amendment made by
25 paragraph (1) shall apply to any visa application?
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403
H.L.C.
1 (A) pending on the date of the enactment
2 of this Act; or
3 (B) filed on or after such date of enact4
ment.
5 (b) LABOR CERTIFICATIONS.?Section
6 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend7
ed?
8 (1) in subclause (I), by striking ??, or?? and in9
serting a semicolon;
10 (2) in subclause (II), by striking the period at
11 the end and inserting ??; or??; and
12 (3) by adding at the end the following:
13 ??(III) is a member of the profes14
sions and has a master?s degree or
15 higher from an accredited university
16 in the United States or has been
17 awarded medical specialty certification
18 based on post-doctoral training and
19 experience in the United States.??.
20 (c) ATTESTATION BY HEALTHCARE WORKERS.?
21 (1) REQUIREMENT FOR ATTESTATION.?Section
22 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add23
ing at the end the following:
24 ??(E) HEALTHCARE WORKERS WITH OTHER
25 OBLIGATIONS.?
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404
H.L.C.
1 ??(i) IN GENERAL.?An alien who
2 seeks to enter the United States for the
3 purpose of performing labor as a physician
4 or other healthcare worker is inadmissible
5 unless the alien submits to the Secretary of
6 Homeland Security or the Secretary of
7 State, as appropriate, an attestation that
8 the alien is not seeking to enter the United
9 States for such purpose during any period
10 in which the alien has an outstanding obli11
gation to the government of the alien?s
12 country of origin or the alien?s country of
13 residence.
14 ??(ii) OBLIGATION DEFINED.?In this
15 subparagraph, the term ?obligation? means
16 an obligation incurred as part of a valid,
17 voluntary individual agreement in which
18 the alien received financial assistance to
19 defray the costs of education or training to
20 qualify as a physician or other healthcare
21 worker in consideration for a commitment
22 to work as a physician or other healthcare
23 worker in the alien?s country of origin or
24 the alien?s country of residence.
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405
H.L.C.
1 ??(iii) WAIVER.?The Secretary of
2 Homeland Security may waive a finding of
3 inadmissibility under clause (i) if the Sec4
retary determines that?
5 ??(I) the obligation was incurred
6 by coercion or other improper means;
7 ??(II) the alien and the govern8
ment of the country to which the alien
9 has an outstanding obligation have
10 reached a valid, voluntary agreement,
11 pursuant to which the alien?s obliga12
tion has been deemed satisfied, or the
13 alien has shown to the satisfaction of
14 the Secretary that the alien has been
15 unable to reach such an agreement
16 because of coercion or other improper
17 means; or
18 ??(III) the obligation should not
19 be enforced due to other extraordinary
20 circumstances, including undue hard21
ship that would be suffered by the
22 alien in the absence of a waiver.??.
23 (2) EFFECTIVE DATE AND APPLICATION.?
24 (A) EFFECTIVE DATE.?The amendment
25 made by paragraph (1) shall become effective
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406
H.L.C.
1 180 days after the date of the enactment of this
2 Act.
3 (B) APPLICATION BY THE SECRETARY.?
4 The Secretary shall begin to carry out section
5 212(a)(5)(E) of the Immigration and Nation6
ality Act, as added by paragraph (1), not later
7 than the effective date described in subpara8
graph (A), including the requirement for the at9
testation and the granting of a waiver described
10 in such section, regardless of whether regula11
tions to implement such section have been pro12
mulgated.
13 SEC. 509. STUDENT VISA REFORM.
14 (a) IN GENERAL.?
15 (1) NONIMMIGRANT CLASSIFICATION.?Section
16 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amend17
ed to read as follows:
18 ??(F) an alien?
19 ??(i) who?
20 ??(I) is a bona fide student qualified to
21 pursue a full course of study in mathe22
matics, engineering, technology, or the
23 sciences leading to a bachelors or graduate
24 degree and who seeks to enter the United
25 States for the purpose of pursuing such a
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407
H.L.C.
1 course of study consistent with section
2 214(m) at an institution of higher edu3
cation (as defined by section 101(a) of the
4 Higher Education Act of 1965 (20 U.S.C.
5 1001(a))) in the United States, particu6
larly designated by the alien and approved
7 by the Secretary of Homeland Security,
8 after consultation with the Secretary of
9 Education, which institution or place of
10 study shall have agreed to report to the
11 Secretary the termination of attendance of
12 each nonimmigrant student, and if any
13 such institution of learning or place of
14 study fails to make reports promptly the
15 approval shall be withdrawn; or
16 ??(II) is engaged in temporary employ17
ment for optional practical training related
18 to such alien?s area of study following com19
pletion of the course of study described in
20 subclause (I) for a period or periods of not
21 more than 24 months;
22 ??(ii) who?
23 ??(I) has a residence in a foreign coun24
try which the alien has no intention of
25 abandoning, who is a bona fide student
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408
H.L.C.
1 qualified to pursue a full course of study,
2 and who seeks to enter the United States
3 temporarily and solely for the purpose of
4 pursuing such a course of study consistent
5 with section 214(m) at an established col6
lege, university, seminary, conservatory,
7 academic high school, elementary school, or
8 other academic institution or in a language
9 training program in the United States,
10 particularly designated by the alien and
11 approved by the Secretary of Homeland
12 Security, after consultation with the Sec13
retary of Education, which institution or
14 place of study shall have agreed to report
15 to the Secretary the termination of attend16
ance of each nonimmigrant student, and if
17 any such institution of learning or place of
18 study fails to make reports promptly the
19 approval shall be withdrawn; or
20 ??(II) is engaged in temporary employ21
ment for optional practical training related
22 to such alien?s area of study following com23
pletion of the course of study described in
24 subclause (I) for a period or periods of not
25 more than 24 months;
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Following is what is ?baked? into the current ?STRIVE? bill from Rep. Flake of Arizona.



Just as a friendly reminder to any and all politicians that side with the corporate greed for cheap labor and support any increase to the H-1B and/or L1 against the wishes of the people to end this corrupt program of a failed system, we the people will vote them out of office in the next election and expose the errors of their ways to the people that have the power to vote them out of office just as George Allen of Virginia was voted out and replaced with a more level headed Representative Jim Webb that knows about the abuses and failure of the current H-1B system .



Please comprehend that we will take action to reverse this trend at the ballot this next election in 2008.







Friday, October 06, 2006

In Their Own Words... Part 5
Last month, the Fairfax County Chamber posed 5 questions to
Republican Senator George Allen and his
Democrat Challenger Jim Webb.
This week, I will be posting their responses to our questions.

Question 5:
Do you see an increase in the number of H1-B visas issued
a part of comprehensive immigration reform?

http://photos1.blogger.com/blogger/736/3783/1600/allen_headshot.jpghttp://photos1.blogger.com/blogger/736/3783/1600/allen_headshot.0.jpghttp://photos1.blogger.com/blogger/736/3783/1600/allen_headshot.1.jpghttp://photos1.blogger.com/blogger/736/3783/1600/allen_headshot.1.jpgSen. George Allen's Response-
"I am an original sponsor of the
"Securing Knowledge, Innovation and Leadership" bill
to expand the number of visas allowed for
high-tech workers educated in the United States
who are employed
as part of the H1-B visa program.
We need to strengthen education
to make this country more competitive
and make sure that highly skilled workers,
and their jobs, remain in the U.S. "






http://photos1.blogger.com/blogger/736/3783/1600/webb_headshot.1.jpghttp://photos1.blogger.com/blogger/736/3783/1600/webb_headshot.1.jpgJim Webb's Response-
"I do not support guest worker programs.
This applies to H1-B visas,
except in the most extraordinary circumstances.
I do not believe the myth of the tech worker shortage.
Our priority as a society should to be
to invest in and improve domestic technical
and scientific education programs
so that there are enough qualified job applicants
available from the pool of domestic labor.
The primary concern of our government
in terms of immigration is to secure our border.
Until that is accomplished, and the status of the
12 million illegal immigrants already in America is resolved,
guest worker programs are counterproductive."


*Please note that the Chamber asked 5 questions and limited the responses
of both candidates to 600 words for all 5 questions. Because we limited
the overall word count, their responses vary in length. Additionally, their
responses have not been edited by Chamber staff in any way.
Guess who won the election.

Now is the time for all good people to come to the aid of their country
and take responsibility for the control of our destiny.
After all we are a government
for the people and by the people
and not for the corporations by the corporations.