May 15, 2007 12:57 PM PDT

Senators propose infinite H-1Bs for advanced degree holders

A new U.S. Senate proposal would allow limitless H-1B visas and green cards for foreigners with master's degrees or higher in any field from an American university--or anyone with such credentials in the science, technology, engineering or math fields from abroad.

Like other competing proposals in Congress right now, the "Skilled Worker Immigration and Fairness Act," introduced on Tuesday by Sens. Joseph Lieberman (I-Conn.) and Chuck Hagel (R-Neb.), also proposes raising the existing annual cap on the controversial H-1B visas from 65,000 to 115,000 for fiscal year 2007. That number could climb by 20 percent in each subsequent year, to as high as 180,000, if the previous year's quota was exhausted.

Right now, there's also a 20,000 visa cushion beyond the existing H-1B quota for foreigners who have received advanced degrees in the United States. The new Senate bill would remove that 20,000 visa limit. It would also broaden the exemption from the H-1B limit beyond just those with advanced degrees to include foreigners with "medical specialty certification based on post-doctoral training and experience in the United States." A broad House of Representatives immigration bill known as the Strive Act contains a similar approach.

"To remain competitive, American companies need access to highly educated individuals," Lieberman said in a statement. "But today's system makes it difficult for innovative employers to recruit and retain highly educated talent, which puts the U.S. at a competitive disadvantage globally."

This year, U.S. Citizenship and Immigration Services said it had received enough applications to fill all those slots just one day after the application window opened, prompting new calls for an increased quantity of the visas from technology firms that depend on them.

At the same time, the 15-page bill attempts to incorporate new safeguards on H-1B abuse, while giving the Department of Labor an extra 200 employees and additional authority to investigate suspect visa petitions.

The measure would prohibit companies from advertising jobs solely to H-1B immigrants or indicating preference for such workers. It would limit the number of employees on such visas to no more than half a company's work force, if it has 50 or more total employees on its payroll. It would also double the fines for employers that violate H-1B program requirements--to between $2,000 and $10,000--and require the Department of Labor to do annual audits of companies of more than 100 employees that derive more than 15 percent of their work force from H-1Bs.

The bill drew immediate applause from Microsoft, whose high-powered chairman, Bill Gates, recently urged Congress again to allow for infinite quantities of the work permits.

"The nation continues to witness a dramatic decline in the number of native-born computer science graduates," the company said in a statement. "As a result, technology companies like Microsoft rely on the H-1B visa and employment-based green card programs to deliver an adequate supply of highly qualified employees to help maintain our competitive position. That can only be achieved through immediate reform of these programs to ensure they are meeting the needs of our economy."

Sen. Maria Cantwell (D-Wash.), who counts Microsoft in her constituency, also co-sponsored the bill.

But critics said the effort falls short in many ways. John Miano, founder of the Programmers Guild, a group that is concerned about foreigners displacing American computer programmers, said the proposal's exemptions would essentially amount to unlimited visas, rendering the cap all but useless.

"Get a master's degree in basket weaving, and you're eligible to stay," he said in a telephone interview Tuesday. "It's bad policy."

The bill would also fail to curb abuses of the system, Miano said. For instance, critics of the H-1B system have long balked at a provision in the law that says the Labor Department can only screen visa petitions for completeness and "obvious inaccuracies." The new bill would allow the department to investigate "clear indicators of fraud or misrepresentation of material fact."

That's not a huge change, because one of the more frequently fabricated claims on such forms is the wage level that an H-1B recipient will be paid, Miano said. "The only way I know that is because I went back and looked up the data," he said. "If you just look at the numbers, is it really a clear indication?"

Groups like Miano's have said the H-1B system suffers from fraud and abuse and is in need of serious repair. They have looked more favorably upon a bill introduced earlier this year by Sens. Chuck Grassley (R-Iowa) and Dick Durbin (D-Ill.) that attempts to prevent H-1B abuse by imposing a number of new obligations on employers.

High-tech companies, however, have voiced concern that those obligations are too overbearing. Among other things, employers would have to certify that they had made a "good faith" effort to hire an American before taking on an H-1B worker and that the foreigner was not displacing a prospective U.S. worker. That bill's sponsors on Monday issued inquiries to a number of Indian companies, targeting statistics showing some of them were among the top 20 H-1B recipients last year.

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63 comments

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RE: Senators Sell Out Americans, Again
This is what they do instead of making America more competitive by advanced education.

They just bring in people they can exploit better...
Posted by PrissyPatriot (18 comments )
Reply Link Flag
Masters in Basket Making ?
If there is a University in USA that thinks its worthy to have a grad program for basket weaving, I really dont understand why such person (who graduated) should not get due credit for his advanced skills in basket making?
Posted by YankeePoodle (785 comments )
Reply Link Flag
And I'd like to know
Why a Masters in basket weaving from a US university would be better than one from a foreign university?
Posted by Marcus Westrup (630 comments )
Link Flag
this is a Red Herring Basket Making is not acredited
Swallowing a camel and choking on a nat. Its easy to tell what are accredited and which are uncredited degrees.
Posted by davemesaaz (37 comments )
Link Flag
Cheap Labor -- Cheap Idea
After more than 60 years associated with higher education, the current high cost of education has ruined the general base for U. S. Universities ? and the H1B program is a fraud and disgrace ? feeding cheap labor when U. S. Universities are under funded. Yes I have seen the disgraceful change in many Universities ? this must be reversed.

Fund U. S. Citizens -- attending U. S. Universities -- not just at the graduate level -- what is needed is achievement recognized ? both undergraduate and graduate education in all areas ? fund those with proven ability and desire to obtain a degree in whatever field they may specialize. And get rid of the disgraceful student loan programs. Greed is not the answer ? either by industries or lenders ? and even in some cases, so-called institutions of higher learning!
Posted by dglickdr (5 comments )
Reply Link Flag
Cheap Labor?
I work in Silicon Valley and the H1B folks on our team make just as much as anyone else. They spend just as much as anyone else for lunch, live in the same types of apartments and houses, and pay the same taxes. The idea that H1Bs are some kind of underclass draining the system is laughable.
Posted by solrosenberg (124 comments )
Link Flag
For the People
Someone needs to remind those brain donors in Washington that the phrase "For the People" means U.S. citizens.

Seems like the only people being taken care of by Washington are those that sneak across the border or are imported by corporations unwilling to hire American citizens.

I know of a large corporation that recently disbanded their central I.T. department and have been trying to get other parts of the corporation to take the herd of H1B's they brought in over the past few years. So far they haven't found many takers.

The best suggestion I've heard is for them to charter a jet and point it east.
Posted by rcrusoe (1305 comments )
Link Flag
Anyway, Apple Still Sucks!
It doesn't matter what this article is about - Apple fruity fan girls still suck and so does their colored toaster box.
Posted by iZune (58 comments )
Reply Link Flag
Not a single politician
from the president down to local government gives a damn about America or her citizens---just lining their pockets. REVOLUTION & EXECUTIONS!!
Posted by blueyes123 (54 comments )
Reply Link Flag
No time to comment...
I have no time to comment on this article since I, and 300 of my former co-workers, will be spending the next 2 months training our replacements from India.
Posted by HeyJoeJoe (3 comments )
Reply Link Flag
retain talent, boost tax revenue, improve economy
I'm a software engineer going back to school for an advanced degree. At my school there are a lot of international students. And what do most of them do when they graduated? When their visas expired and they couldn't find a job, they are sent home. And what do they do when get home? They work for the Asian companies that compete with American companies on the international market. Does anyone really think that is a better deal than keeping those talents here working for us and paying taxes rather than working for our competitors? I worry about my job too (after all, I'm in the software industry). But instead of trying to hang on to my job just because I'm an American, I'm trying to hang on to my job by improving my skillset. Attracting talent, whether home-grown or foreign, is good for the economy and our competitive position in the global marketplace.
Posted by thanhvn (51 comments )
Reply Link Flag
To a point,
I agree, however, if you carry your argument further, then you are adhering to defeatism. I do not believe that we need to import talent to remain competitive in the world market today. We just need to do a better job at creating the talent here. The job market in the tech world is strained to say the least. We have imported over 1,000,000 H1B's in the last decade or so. What does that do to the job market and wages? We need an incentive for the young people to go into the field. We can't if we continue our course. Supply always follows demand. We've seen it in the industry a few times already. Also, we need to do a better job of educating our people. My wife is pursuing a degree in computer forensics. While doing this she is forced to take "history revision 103" and classes like "art appreciation". Yes, we are losing our market dominance. I wonder why?
Posted by suyts (824 comments )
Link Flag
most of them eventually go back anyway
The Indians I work with (green card holders) generally expect to return to India one day in any case. And then they'll take their educations and _experience_ and start and staff those same Asian companies anyway.

As my friend Srinivas told me, "When I can't find work here, I'll go home. When I left India, there weren't too many jobs, but there are many more now."
Posted by dig_doug (9 comments )
Link Flag
Yeah thats the ticket!
Lets open up the H-1Bs to a bunch of lawyers from around the world so that they can come here and work for much cheaper rates. Say no more to those $250 an hour lawyers when you can get good legal advice and representation for $40 an hour.

Oh yeah, thats the ticket.
Posted by dargon19888 (412 comments )
Reply Link Flag
let's outsource Congress
I think we should outsource Congress. We couldn't do much worse as far as I can tell.
Posted by dig_doug (9 comments )
Link Flag
A good way to guarantee...
"The nation continues to witness a dramatic decline in the number of native-born computer science graduates," [Microsoft] said in a statement.

This bill is a good way to assure that trend continues or accelerates, and that will--of course--make the need for more foreigners even greater.

I think this is called the "spiral of death."
Posted by dig_doug (9 comments )
Reply Link Flag
Not really a good idea....
As someone who has a Ph.D. and works in research labs, I can
tell you that this would not be good for Americans. The thing
that most people don't understand is that foreign-born people
aren't able to be put on governmental grants for pay (that's how
post-docs are paid...with money from grants). Therefore, they
aren't under the regulation that mandates that Ph.D. post-docs/
grad student, etc. must earn a a salary that falls with in a set
amount. This has led to researchers hiring foreign Ph.D.s as
post-docs because they can pay them far less than what an
American post-doc would make. In the end, the American
students are the ones being screwed for cheap biotech labor.
Then again what else is new? Politicians aren't even American
citizens....they're too good to be one of us.
Posted by cashier23 (1 comment )
Reply Link Flag
h1bs
There is a lot of competion in the world for the highly skilled people. Getting a highly skilled migrant visa in the UK for instance takes several weeks. Plus it allows to work for any employer. then there is Germany, France, Canada, Asutralia and New Zealand all of which have a far more flexible immigration policies for the skilled labour. Why would anyone want to go on H1B when there is so much to choose from?
Serg
Posted by Serg_1 (19 comments )
Reply Link Flag
Has to be said . . .
On average we give our government nearly half our wages. In this
regard, I often sarcastically ask, ``how do you want to be treated?''
It seems to me that we need to get rid of this overgrown
government, and return America to a free entrepreneurial economy
where local reigns supreme.
Posted by rbannon (96 comments )
Reply Link Flag
Let's Take a Position ...
I totally agree. As I reflect upon this bill, having been of three generations of male working class taxpaying native Americans with a son who has worked 10 years educating himself to the level
of PHD in IT. I wonder what else our FEDERAL EMPLOYEES can do to ruin our country.

I plan to and certainly will take a position in this fight "enough is enough"!

I am one of many Americans who knows the rigors of having to retrain himself numerous times to stay employed.

Sorry..Mr.Gates & the senators but this is not in
our national interest.
Posted by CustomComputers (51 comments )
Link Flag
Why even GO to college?
Why even GO to college if they're just going to flood the market with UNLIMITED labor...

UNLIMITED.. there's not even a econ theory that allows for that possibility. So let me get this straight.. we're supposed to spend 40 -60 grand AT LEAST for a CS degree and then work for 17.50 / hr for the next 35 years to pay that off? Are they kidding?

This is all about your Senator making sure no CEO has unmet cocaine and prostitute needs. This is all about destroying the middle class in America so the Ruling 2% class can go on owning 90% of all assets. This is the politics of your personal and absolute destruction. If you think you're going to get out of poverty by going to college, think again. Your dirtbag Senator and the CEOs have a surprise for you- it's a little thing called UNLIMITED immigration, and you can work like the beast of burden they need you to be for the rest of your life just to pay back your college bills. Forget about sending your kids to college.. they'll share your fate in their time.

This is about the control and destruction and oppression of populations by the elite. The reality is, if you are forced to spend 75 hours a week just to service your home-loan and student loan debt, then you're under control since you don't have time to think about how things got this way or organize to do anything about it. They know that having the time to think and get involved will lead to their destruction and that's what this bill is about.


That's what they want.

That's what they crave.

They want to see beneath them a nation of wage slaves who do what they're told when they're told for the privilege of being permitted to not starve one more day. Seen any 70 year olds at the check-out counters in your grocery store lately? That's what they like to see...That's the plan.. every job a low-wage job ... work until you're dead.

They never let go of the idea of slavery.. that's the Natural Order to them... that's how things Should Be... the way Nature intended.... I am telling you that this is how the elite think.. this is their actual world view and your place in it. This is what this legislation is all about.


Let's see... according to your Senators, Americans don't want to be farm workers, waiters, janitors, don't have the math and education they need to be scientists and golly! there aren't enough programmers!!! Or accountants ...oh and there's a teacher shortage !! Oh and a nursing shortage! Have you heard about the terrible nursing shortage!!!???



See folks, there's not really a free market in America.. because that implies that wages rise as a result of demand then more people go into those fields because of rising wages, the wages level off, as happened in the 90s when there was something like economic equity for the middle class. But we're not going to let that happen.. because it's NOT a free market and we don't let the free market work in this country. It's an oligarchy run by a tiny group of good buddies (www.theyrule.com) whose only concern is staying in power so they can go on with their lives of prostitutes, coke, private jets, private islands, parties, mansions...you know amoral, valueless "good life" that they've come to think of as their birth right.

Do you REALLY think that American companies are going hire Americans when they can get indentured servants in the form of H1Bs? Even IF the wages were the same for both parties, the fact that the H1B can't change jobs without restarting the green card process, the fact that H1Bs are contracted with the company for a set length of time.. all this is anti-free market.


Ladies and gentlemen, we need anther American revolution- at the ballot box. If you vote for ANY senator that voted for this trash then you're the one putting a gun to your own head. These Senators aren't even human beings... they're just creations of corporate America...spineless valueless predators whose only purpose in life is to stay in power by sucking up to corporations and destroying your life....

You have to take action. You HAVE to do something.. stop buying MS products.. switch to Linux... just DO it .. just TRY it.. put a version on your disk.. it's easy.. Tell your Senator to go to h*ll... Stop giving these companies money. Vote your Senator and CongressPig OUT of office...
Posted by asdf (241 comments )
Reply Link Flag
Amen
Couldn't put it better myself.

India has a very good business school, the Indian Institute for Management (IIM). Yet I don't see a flood of Indian's coming in to replace high-paid executives or executive jobs being outsourced to India. Even when the executives have done a miserable job based on financial returns -- even when they're accused of crimes -- they're not replaced with Indian H1B's.
Posted by michaelo1966 (159 comments )
Link Flag
Amen brother!
David Ricardo (with inspiration from Thomas Malthus) postulated the "Iron Law of Wages" about 200 years ago.

It essentially stated that wages would always remain at subsistence level because if a time occurred where wages DID rise, then the workers would live the good life and make lots of babies, and the following labor glut would reduce wages to subsistence again.

Thanks to education and scientific progress, this cycle was clearly broken in the West.

Obviously, the 'elites' (in their own minds, at least), aim to see that the Iron Law is obeyed.

When it's about raising the prices on products to be sold, it's all "free market" and "supply and demand."

When employers don't want to pay the market clearing price in the wage market, it's Americans are "too spoiled" or "won't do that job" and then the silver crosses the palms of the politicians, who--like lawyers--profit with both the prosperity and misery of others.
Posted by dig_doug (9 comments )
Link Flag
you sre much too pessimistic
try to see the positive side.
all you really need now in america
is a 4th grade education and you
can be all that you can be.

being that the average american
reaches an intellectual level not
much higher, we really are all
that we can be.

a word of advice.
stop talking reality.
people will thing you're crazy.
Posted by miltonh (1 comment )
Link Flag
College Expense
Why aren't we sending more of our college-bound students to get their college education at these less expensive foreign schools?

Seems to me we could, ahem, outsource college education for pennies on the dollar, even accounting for travel costs.
Posted by Dr_Zinj (727 comments )
Link Flag
2 U.S. Senators ask questions and India starts threatening trade sanctions
Two U.S. Senators are merely asking for information on how IT Outsourcing companies are using their h-1b Visas.

Because of these questions, India is threatening the U.S. with Trade Sanctions in the World Trade Organization.

India, apparently, believes that immigration issues such as the h-1b program should be linked to free-trade.

Well wake up, Visas cannot be linked trade, EVER. And doing so is stepping all over the rights of the U.S. and most other countries.

India is attempting to kick the U.S. around. The U.S. has the right to keep free-trade separate from immigration.

We've already seen what can happen if immigration is not closely watched. For example, that's how 2000+ americans were murdered on Sept 11, 2001.

The Indian Commerce minister is a fool to think you can link free-trade with immigration issues.

So don't try to kick the U.S. around India.
Posted by Jake Leone (143 comments )
Reply Link Flag
That's not India, that's your Senator
You're confused. IT was your Senator who signed the Free Trade agreement that linked immigration to trade policy. India is just acting in its own best interest according to the contract YOUR SENATOR constructed. That's called Free Trade (which it, of course is NOT, since you're not free to say no, now are you?)

It's NOT India.. it's YOUR CONGRESSPIG who linked "the free movement of materials services " to the word "people" to come up with the FreeMarket Freak jingoism "the free movement of goods, services and peoples".....

See, they sort of snuck that last one in there hoping you'd be like he proverbial frog with the water turned slllooowly up.... so slowly you don't realize- you're being boiled alive!


See the same group of fanatics who are curretnly reconstrcuting the Middle East also have a plan for te dissolution of our country and the instantiatiion of a Greater North America...

now they know you're not going to go for that, so they use the device of immigration and trade to effectively dissolve the borders, then , once that's finished, they'll say... well, since these borders are just borders in name only, why don't we just formalize what is the case anyway?

JUST LIKE THEY'RE DOING NOW WITH AMNESTY.. well since these ILLEGAL ALIENS are here now anyway, why not make them legal..

Hell, why not just forget about the rule of law completely??? Sounds good to me.. of course, that's not going to work out so well for everyone....but , oh well... you did it, not me!

It's your SENATOR it's your FREE TRADE AGREEMENTS put together by MULTINATIONAL CORPORATIONS for THEIR BENEFIT....


Look it up. Google it. Learn about it. Tell your friends. That's what they're afraid of...
Posted by asdf (241 comments )
Link Flag
I don't think so...
"The Indian Commerce minister is a fool to think you can link free-trade with immigration issues."

Actually, I just think the Indians have been watching and learning from what Mexico does. It works for the Mexicans, why not them?
Posted by dig_doug (9 comments )
Link Flag
Cheap Labor - who really pays?
Isn't that what the whole immigration issue is about?

Business doesn't want to pay a decent wage, consumers don't want expensive produce, government will tell you that Americans don't want the jobs, but the bottom line is cheap labor.
All of this is at that American taxpayers expense.

As a result of lax security and an increase in illegal aliens?
Three of the September 11 hijackers had overstayed their visas, and two of them had re-entered the United States after their visas had expired. Six months after the attacks, the Immigration and Naturalization Service sent approved student visas for two of the terrorists to a Florida flight school.

Mr. Bush has made outreach to Hispanics a key part of his administration, and he wants the amnesty measure as a signal of good faith to Hispanic groups and to Mexico. Now its India and the rest of the world, while us Americans get dumped on.

Under amnesty provisions that the House passed previously, anyone who has overstayed an entry visa or, in some cases, entered the country illegally, but who has a qualifying family relationship or business sponsor, would pay a $1,000 fine in exchange for having his legal status adjusted. He also would avoid having to return to his home country and waiting up to 10 years before applying for green cards.
Posted by ChondroPy (4 comments )
Reply Link Flag
Not to mention
not to mention that you CAN'T immigrate to India or any of these other countries because THEY'RE NOT STUPID... they're not going to see their own people undercut by a massive influx of foreign labor... trust me.. it's harder to become a citizen of almost any other country in the world....

This is a poison brew of greed ( corporations ) complacency ( Congress ) and ideological, Koolaid drinking Freaks (the globalist / "free" market absolutists ) .... what this last group doesn't understand is borders exist for a reason.. a deep seeded psychological reason... the same deep seeded reason that you have a plot of land with clear borders and your possessions are YOURS and fences DO make good neighbors (as opposed to warring neighbors) and that people WILL identify with a clearly defined group and IF you dissolve the nation state THEN you will get tribalism of WORST sort, that nations are an IMPORTANT construct that over centuries we, as a species, have learned to use to channel and direct population's energies in positive ways, and that if you rip it away, you're NOT going to get the One Global Village you're dreaming of, what you're going to get is a global police state as we try to deal with the fall out of people identifying with groups other than countries and struggle for power.

First the ideologues go into Iraq with their "vision" ... did you know that Iraq was going to be a Libertarian paradise .. a total 'free market" where government would be as small as possible and there would be no forces but market forces? Read all about it:
<a class="jive-link-external" href="http://www.opendemocracy.net/debates/article-3-117-2190.jsp" target="_newWindow">http://www.opendemocracy.net/debates/article-3-117-2190.jsp</a>

These same freaks want to dissolve the US borders through unlimited immigration ... with similar results.....

IF you want to learn about the brain-physiology based reality behind human-kinds need to identify with a small group , read <a class="jive-link-external" href="http://www.amazon.com/Social-Brain-Gazzaniga/dp/0465078516" target="_newWindow">http://www.amazon.com/Social-Brain-Gazzaniga/dp/0465078516</a>

(sorry dope-smoking hippies... we're not going to learn to all love each other... but we CAN all get along...that will have to do..)

This no-borders contingent is going to lead to social chaos of the sort that our great grand-children will look back on, like Germans look back on the Nazi regime, and think -how could they have THOUGHT that?

Steve Forbes, Charles Krauthammer,Francis Fukuyama , the Bushies, Scpoter Libby, Paul Wolfowitz, Irving Kristol, Norman Podhoretz, the freaks at National Review will unleash on America and the world exactly what we have in Iraq... ideologically driven chaos overseen by poeple who are "strangely out of touch with reality", as someone once described Krauthammer.


People created nations because they're important to them. People created government because it's important to them. Without those things, there's the alw of the jungle (but see Iraq for detaisl)

The freaks with their visions of re-creating the world from the comfort of their status as the permanently-and-forever-rich and all the security and assurances that buys them no matter what they unleash on the rest of the world, and I am thinking here of Steve Forbes and his neocon friends specifically, will turn your life into a smoking heap social experimentation that, golly, didn't work as we expected.... sorry... little people.....

Take your country back. Stop buying services from ATT who endorses this program. Stop buying MS products who pushes for this program... vote against your senator... go to www.fairus.org and see who voted FOR you and who's a koolaid drinking globalist freak... Unelect them in 2008
Posted by asdf (241 comments )
Link Flag
Jobs
You have to understand, there are LOTS of jobs going begging. US
Citizens just don't want to do them, they would rather do
something else. So the USA NEEDs those H1B's to take away the
"Something Else" jobs so US Citizens will have to take one of those
less desirable jobs. You want one of those jobs that are going
begging? Sure, easy, visit your local US Marines recruiter.
Posted by donpro (7 comments )
Reply Link Flag
H1-B Abuse has turned Investment in I/T Degrees a "sucker's Bet"
With students having to deal with the likes of a Sallae Mae that is far, far better protected from bankrupcy losses than virtually all creditors and being mindful of prompt and gainful employment upon graduation with commensurate pay to meet loan repayment for which Sallae Mae cuts no mercy when late or missed, the horror stories about H1-B displacement of U.S. citizens , even those with impeccable credentals and performance history that abound gives rise to alarm.

If Billie Gates of Micro$oft is so concerned about the decline in graduation rates, why shouldn't he use some of his foundation billions to guarantee loan repayment in exchange for service. This is what many rural cities and counties do to help recruit teachers and doctors!
Posted by lcarliner (9 comments )
Reply Link Flag
Unemployment is 1 percent in the tech industry
With unemployment at 1 percent in the tech industry if you can't find a job you are either a. not trying b. not skilled or c. not alive
Posted by davemesaaz (37 comments )
Link Flag
uh.. because Gates is a proven sociopath?
Gates is well known as a sociopath; if you don't know what that is, look it up on wiki. Gates is a liar, a thief, and he has no conscience about any of it and he never will . Ditto with Ballmer. They use people and situations for what they're worth to themselves... their brains are not wired to ever really understand that their actions effect other people. We saw this with the Rockerfellers and Carnegie and other robber barons. One of the reasons they get so far in life (if you can call being a criminal getting far) is because they don't have what you and I call a conscience. Nor do they get ancious at the thought of getting caught, which to them is just a cost of doing business. That's why we need a reduction in corporate power in politics... just because of legislation like this. Campaigns need to be publicly funded. Anyone who tells you that that somehow represents a restriction on the freedom of speech is a lobbyist or benefits from lobbyists. The constitution is not a suicide pact... we don't have to sit here and watch ever semblance of representative government dissolve because some corporate mouthpiece has a legal theory about how public financing of campaigns amounts to an abridgment of freedom of speech.... you KNOW you're looking the snake in the eyes when someone says that to you.
Posted by asdf (241 comments )
Reply Link Flag
Math and Science teachers from over seas a good way to turn around schools
look why don't we have immigrants come and teach in our failing inner city schools in exchange for citizenship?
Posted by davemesaaz (37 comments )
Reply Link Flag
Great idea but...
This is an outstanding idea but, most of our kids would have an EXTREMELY hard time discerning the various dialects. I changed GRAD schools because I,and the various Americans who did not speak Hindi, could not understand the teacher. In this day and age of ATD(attention deficit disorder) being a "condition" I don't think the kids would pay any more attention to someone who speaks English as a second laguage. In the good ole days a whack with a ruler on the knuckles would correct your deficit of attention to the teacher, but that's for another forum.

This is probably the best idea I have heard of in order to both improve our country's lack of "qualified" teachers in some of these problem areas of the US. Taking away our jobs and giving them to someone who aspires to lower pay is not the answer. If that were the case (as another poster put it) why go to school in the first place? Big business has removed many incentives for US citizens to take on the drudgery and long hours of college and beyond.

With the under-handed crap that Congress is handing us these past few years(that we paid for in our tax da, I seriously doubt if I would have gone into the IT field.

God Bless!!! to all of those in all fields who are not simply rolling over and letting this travesty in the workplace go on without a fight.
Posted by ChondroPy (4 comments )
Link Flag
Schools ARE NOT failing
Well look, the REAL "problem" behind the schools is this: we are the only nation in the world who attempts to bring ALL children up to the level of college-ready. IN EVERY other country in the world, kids are tracked, sometimes before they leave grade-school.

What this means is we take every disadvantaged, impoverished environment kid whose parents are both on crack and we tell teachers - they have to meet No Child Left Behind standards... or even before NCLB.. they have to meet state standards or whatever..... well Japan and Germany and Brazil and China and all the other countries in the world track those kids early into non-college tracks.....


That's why our schools are "failing". But they're not failing! That's just Republican spin on the situation to get you to get behind breaking the teacher's unions so THAT job can be turned into a 8.50 an hour no benefits job... and the schools can be privatized... you know... like the Iraq war was... you know .. with the contractors? There's the free-market freaks "free" market. See what they mean by "free" market is the OWNERS of corporations are GIVEN lucrative contracts by the STATE and YOU the taxpayers pay for that private company to:

1) not deliver a damn thing
2) treat their workers like they're garbage
3) pay themselves 20 grand a day

See how that works? That's what they want to do with your schools too... because why? Because they're failing? Failing at what... turning some kid who's had crack smoke blown into his mouth since year 1 into a college bound Rhodes scholar?

You know who came up with that garbage? Jack Welch of GE. Basically, he said, look, do what we did at GE&gt; Set impossible standards then blame them when hey fail . Anyone who's ever been fired from a private company knows how this game is played. And they're playing it against the teachers. Everyone thinks our schools are failing compared to the test scores of Country X. The fact is, if you tested ALL the student age population of Country X , we'd be far ahead of the vast majority of them. Other countries just tell the kids from a certain background- the train ride ends here for you- get off. We don't do that. It's not in our national character. It's part of what makes us what we are.


Jack Welch and all the the overpaid dirtbags who want to attack the working class teachers so they can "transform education through the miracle of the marketplace" just want another profit center for themselves and their cronies.

Believe me, once they've "privatized" public education, the same think tanks who fed you this BS will start pumping out studies about how it might not be a good idea to require the same standards for all students.... and thus relieve themselves of having to live up to the standards they created expressly for the purpose of making public teachers fail. That's management.. that' s classic management technique #1,302....

They'll be study and pundits talking about how we ought to track kids like these other countries X Y and Z... get it? No Child Left Behind is just a standard there to make sure teachers fail so the Free Market coke snorters can have at that pot of gold called vouchers..... turn teaching into a crappy minimum wage job and conduct schools like the universities conduct themselves now- let the smart kids figure the subjects out basically for themselves and let the ones who can't do that drop out... who cares? We're getting ours and there's all the pressure int eh world to GET INTO schools and colleges so we don't have any shortage of customers, now do we? It's great... pay crappy wages, deliver a crappy product get paid a bundle and retire to Tahiti.....the full Free Market Freak reality, lived in all its glory.



Our schools aren't failing. Americans are amongst the most creative, inventive and brightest people.
Posted by asdf (241 comments )
Link Flag
yeah right
It's bad enough that we can't understand half of the college professors we get stuck with- so lets have someone jabber at out elementary and high school students with horrible accents too. I'm sure that will solve all our problems!
Posted by hounddoglgs (74 comments )
Link Flag
Schools are NOT failing
Well look, the REAL "problem" behind the schools is this: we are the only nation in the world who attempts to bring ALL children up to the level of college-ready. IN EVERY other country in the world, kids are tracked, sometimes before they leave grade-school. Those kids never count into the scores of those nations.... get it?

What this means is we take every disadvantaged, impoverished environment kid whose parents are both on crack and we tell teachers - they have to meet No Child Left Behind standards... or even before NCLB.. they have to meet state standards or whatever..... well Japan and Germany and Brazil and China and all the other countries in the world track those kids early into non-college tracks.....


That's why our schools are "failing". But they're not failing! That's just Republican spin on the situation to get you to get behind breaking the teacher's unions so THAT job can be turned into a 8.50 an hour no benefits job... and the schools can be privatized... you know... like the Iraq war was... you know .. with the contractors? There's the free-market freaks "free" market. See what they mean by "free" market is the OWNERS of corporations are GIVEN lucrative contracts by the STATE and YOU the taxpayers pay for that private company to:

1) not deliver a damn thing
2) treat their workers like they're garbage
3) pay themselves 20 grand a day

See how that works? That's what they want to do with your schools too... because why? Because they're failing? Failing at what... turning some kid who's had crack smoke blown into his mouth since year 1 into a college bound Rhodes scholar?

You know who came up with that garbage? Jack Welch of GE. Basically, he said, look, do what we did at GE&gt; Set impossible standards then blame them when hey fail . Anyone who's ever been fired from a private company knows how this game is played. And they're playing it against the teachers. Everyone thinks our schools are failing compared to the test scores of Country X. The fact is, if you tested ALL the student age population of Country X , we'd be far ahead of the vast majority of them. Other countries just tell the kids from a certain background- the train ride ends here for you- get off. We don't do that. It's not in our national character. It's part of what makes us what we are.


Jack Welch and all the the overpaid dirtbags who want to attack the working class teachers so they can "transform education through the miracle of the marketplace" just want another profit center for themselves and their cronies.

Believe me, once they've "privatized" public education, the same think tanks who fed you this BS will start pumping out studies about how it might not be a good idea to require the same standards for all students.... and thus relieve themselves of having to live up to the standards they created expressly for the purpose of making public teachers fail. That's management.. that' s classic management technique #1,302....

They'll be study and pundits talking about how we ought to track kids like these other countries X Y and Z... get it? No Child Left Behind is just a standard there to make sure teachers fail so the Free Market coke snorters can have at that pot of gold called vouchers..... turn teaching into a crappy minimum wage job and conduct schools like the universities conduct themselves now- let the smart kids figure the subjects out basically for themselves and let the ones who can't do that drop out... who cares? We're getting ours and there's all the pressure int eh world to GET INTO schools and colleges so we don't have any shortage of customers, now do we? It's great... pay crappy wages, deliver a crappy product get paid a bundle and retire to Tahiti.....the full Free Market Freak reality, lived in all its glory.



Our schools aren't failing. Americans are amongst the most creative, inventive and brightest people.
Posted by asdf (241 comments )
Reply Link Flag
Who says Markets are Anti-union?
Who says the market is anti-union? What we should be concerned with is not the teachers or the Schools but the students. Do they students want to be there? What is good for the students will fix the other too.

I find you argument flawed in a few ways. Sweden one of the most socialist and strong union countries in the world has seen an increase of the test scores and in increase of private schools by having school vouchers. (Read Free to Choose Free to Learn Economist May 3rd)

In Columbia were kids are randomly selected those using vouchers are 15-20 percent more likely to finish high school than those who attend public schools.

This voucher program is not anti-union any more than the competition between GM and Ford is anti-union.

But I do think that teachers with different skills should be rewarded differently. Math teachers science teachers those who have marketable skills should be paid more than others. But the unions wont let them. We have a shortage of teachers in some areas and a surplus in others.. why not pay more to eliminate the shortage.

Look we may have the greatest school and university system in the world but the world is quickly catching up. Even a fortune as large as bill gates can be spent over a lifetime and our lead in the world economy is equally as fragile.

Look we got where we are today by allowing the Einsteins the Werner Von Braun in the United States in the first place. We don't know what they will invent over the course of their career. When the visa office offered Sergey Brin a H-1b visa they didn't know well this man will invent Google. We should not just limit people because they haven't invented anything yet. Other places are becoming more completive and the choice between San Fransisco and London will not be so obvious.
Posted by davemesaaz (37 comments )
Link Flag
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..
Posted by davemesaaz (37 comments )
Reply Link Flag
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
Posted by rthrelkeld (8 comments )
Reply Link Flag
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

<a class="jive-link-external" href="http://www.informationweek.com/news/showArticle.jhtml?articleID=199602025" target="_newWindow">http://www.informationweek.com/news/showArticle.jhtml?articleID=199602025</a>

"... 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.
Posted by George Barr (3 comments )
Reply Link Flag
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
Posted by votenow (2 comments )
Reply Link Flag
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
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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
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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
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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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March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
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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March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
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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March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
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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March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
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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March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
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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March 22, 2007 (6:33 p.m.)
F:\M10\GUTIER\GUTIER_011.XML
f:\V10\032207\032207.280.xml (366207|32)
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;
VerDate 0ct 09 2002 18:33 Mar 22, 2007 Jkt 000000 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 C:\TEMP\GUTIER~1.XML HOLCPC


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?

<a class="jive-link-external" href="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" target="_newWindow">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</a>. 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. "






<a class="jive-link-external" href="http://photos1.blogger.com/blogger/736/3783/1600/webb_headshot.1.jpghttp://photos1.blogger.com/blogger/736/3783/1600/webb_headshot.1.jpgJim" target="_newWindow">http://photos1.blogger.com/blogger/736/3783/1600/webb_headshot.1.jpghttp://photos1.blogger.com/blogger/736/3783/1600/webb_headshot.1.jpgJim</a> 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.
Posted by votenow (2 comments )
Reply Link Flag
 

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