Renewed Push for H-1B Increase
Renewed Push for H-1B Increase
Date: Tuesday, December 26, 2006 3:39 PM
<<<<< JOB DESTRUCTION NEWSLETTER No. 1613 -- 12/26/2006 >>>>>
The cheap labor lobby hasn't given up on their push to increase the number
of H-1B visas. Forget holidays -- these guys are tireless!
There is an alarming pattern in these two excerpts besides the fact that a
new lobbying campaign is beginning to increase H-1b. Pay close attention to
the date of February 15th because it has great significance.
This first excerpt is from one of the most infamous of immigration lawyers
and lobbyists, Fragomen:
Since Congress only passed three out of eleven appropriation
bills, to prevent the government from shutting down, Congress
passed a "continuing resolution" that would keep federal
agencies and programs funded at 2006 levels until
February 15, 2007. Even if there are to be any immigration
provisions attached to an appropriation bill in February,
the relief would be very limited and likely would not provide
for any reform of immigration policy.
The second is from an Immigration Voice forum. IV is a political action
campaign that is founded and funded by Indian H-1Bs. IV hired a
professional lobbyist firm to influence Congress.
Information from Washington DC from our lobbyist Quinn-Gillespie
and from various industry websites indicates that there will be
an effort to attach a small amount of relief for high-skills
immigration in the supplemental resolution bill that will be
signed before 15th February.
The February 15th date is very important because that's when the continuing
resolution on the budget expires. The 109th Congress refused to carry out
their Constitutional duty to pass a budget so they punted the
responsibility to the 110th Congress.
I sent warnings since early in the year that there was talk about
earmarking an H-1B increase or the Skil Bill onto a year ending omnibus
spending bill. The H-1B increase didn't happen and neither did a budget.
That doesn't end the issue however; it merely shifts it to early 2007.
Andrea Hoffman, vice president of the high-tech lobbyist group TechNet,
seems to think they can work out a deal with the Democrats.
With Democrats winning control of Congress in the November
elections, TechNet is going to push its reform agenda anew,
Hoffman said. "We are very optimistic," she said. "The
change in leadership will be a very good opportunity for
the tech industry."
In my last newsletter, ("HP churn: Boot 1 hire 1") I pointed out the
hypocrisy of the way Hewlett Packard admits to churning employees while at
the same time shouting about shortages of workers. Last week, while HP
execs admitted to churning, they held a conference to kick off the new
lobbying campaign for more H-1Bs.
This next quote doesn't mention the Skil bill by name, but that is exactly
what the HP spokesman is talking about. The Skil bill creates an unlimited
F-4 visa which allows foreign students to work in the U.S. and to look for
jobs up to two years after graduating.
"Were interested in making it easier for foreign-born students
who come here and receive technical degrees to remain in the U.S.
more easily than has been the case in the last few years,"
Fazzino said.
Supposedly HP had a "public" forum to discuss issues such as H-1B
increases. Lot's of pooh-bahs seemed to know about it, including Rep. Tom
Lantos. I searched Google and didn't see any public announcement about the
forum, and so far even Lantos hasn't put anything on his website about the
meeting. Whatever they discussed it sure wasn't very public. Did any of you
California constituents get invited to the party?
HP hosted a public forum Monday on legislative issues in the new
Congress featuring U.S. Rep. Tom Lantos, a Silicon Valley Democrat.
"Ill be very sensitive to the needs of the valley," Lantos told
IDG News Service after the event, when asked about the proposed
immigration reforms. He declined to discuss specifics.
Apparently we won the battle with the 109th Congress but the war for our
jobs is far from over. There is one very encouraging tidbit -- your voice
is being heard! Read this analysis from Immigration Voice:
Between now and February 15th, Immigration Voice will be focused
on this one provision only -- nothing more. The reason is that
this provision is the least controversial of all possible
portions of the SKIL bill and other high-skills bills that have
been introduced in the past 1-year.
Materials Used
http://www.cio.com/blog_view.html?CID=27581
Tech Lobby to Renew H1B Visa Reform Effort
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/2b29384e897e15d985257243007e40e0?OpenDocument
Congress Did Not Reach Agreement on SKIL Act During 2006 Lame-Duck
http://immigrationvoice.org
Important Update and Announcement from IV about 2007
+++++++++++++++++++++++++++++++++++++++++++++++++++
Note: The CIO blog allows comments.
http://www.cio.com/blog_view.html?CID=27581
Dec 19, 2006Tech Lobby to Renew H1B Visa Reform Effort
DEC 19, 2006 07
As Democrats take over leadership of both houses of the U.S. Congress from
Republicans, technology industry lobbyists will try again to push for
worker visa reform.
Legislation to allow more highly skilled foreign workers to come to the
United States and stay longer failed in the last session of Congress, but
it will be reintroduced in the next session, said Andrea Hoffman, vice
president of TechNet, a lobbying group for technology companies.
TechNet is pushing for three reforms, Hoffman said: Increasing the number
of H1B visas granted annually to foreign workers employed temporarily at
U.S. companies; granting employment-based visas to workers whose H1B visas
are about to expire but whose application for lawful permanent residency
(commonly known as a "green card") is backlogged; and allowing foreign
workers who earn advanced degrees at U.S. colleges and universities to stay
and work in the United States once they graduate.
Legislation on those reforms became part of a controversial immigration
reform bill that tied Congress up in debates about illegal immigrants,
deportation and border security and ultimately failed.
With Democrats winning control of Congress in the November elections,
TechNet is going to push its reform agenda anew, Hoffman said.
"We are very optimistic," she said. "The change in leadership will be a
very good opportunity for the tech industry."
One way to keep highly skilled and well-paying jobs in the United States is
to reform the student visa policy, said Gary Fazzino, vice president of
governmental affairs for Hewlett-Packard (HP) and a member of TechNet.
"Were interested in making it easier for foreign-born students who come
here and receive technical degrees to remain in the U.S. more easily than
has been the case in the last few years," Fazzino said.
HP hosted a public forum Monday on legislative issues in the new Congress
featuring U.S. Rep. Tom Lantos, a Silicon Valley Democrat.
"Ill be very sensitive to the needs of the valley," Lantos told IDG News
Service after the event, when asked about the proposed immigration reforms.
He declined to discuss specifics.
Under current law, 65,000 H1B visas are granted each year to foreign
workers, each of whom needs to be sponsored by a U.S. company that
couldnt find an American worker who has the needed skills. But that
quota for federal fiscal 2007 was filled before the year even began,
according to Hoffman. TechNet wants the ceiling raised to 115,000.
Labor interests oppose raising the ceiling. Among the critics is the
Washington Alliance of Technology Workers, in Seattle, which argues that
there are more high-tech workers available in the United States than jobs
to fill.
TechNet also advocates a new "employment-based visa" category for those who
have an H1B that is about to expire but are still on a waiting list for a
green card. There is a backlog of more than 500,000 green card applications
in the United States, according to ImmigrationVoice.org.
"The system is archaic," Hoffman said. "It is not consistent or structured
in such a way that it fits business practices and models ... and we need
change."
-Robert Mullins, IDG News Service (San Francisco Bureau)
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/2b29384e897e15d985257243007e40e0?OpenDocument
Congress Did Not Reach Agreement on SKIL Act During 2006 Lame-Duck
12/13/2006
The 109th Congress (2005-2006) concluded on Saturday, December 9th, 2006,
without approving any relief for the shortage of nonimmigrant H-1B or
permanent employment-based immigrant visas. One reason for the inability to
pass favorable immigration legislation was Congress's decision to delay
work on 2007 appropriation bills, leaving few legislative vehicles. Another
reason was the inability among lawmakers to reach unanimous consent, which
prevented the bill from passage on any fast track.
Background
Many of the business community's concerns regarding U.S. employers' ability
to stay competitive internationally and to recruit and retain top talent
globally were addressed in the Securing Knowledge, Innovation, and
Leadership Act of 2006 (SKIL Act), by Immigration Subcommittee Chairman
John Cornyn (R-TX) in the Senate, and Representative John Shadegg (R-AZ) in
the House. If enacted, the SKIL Act would have provided significant relief
for the shortage of temporary and permanent for highly-skilled
professionals, and would make the immigration system more efficient by
removing much of the bureaucracy.
Historically, lawmakers have been able to attach immigration-related
provisions as amendments to year-end appropriation bills. As such,
appropriation bills become "vehicles" for immigration legislation. However,
in 2006, Congress only passed three out of eleven appropriations bills
necessary to fund all federal agencies and programs. Moreover, all three
passed prior to the election when immigration was considered too
controversial to address. Therefore, the availability of vehicles was
limited post-election.
Another way to pass legislation is through "unanimous consent" in the
Senate by obtaining agreement of all 100 senators, and through "suspension"
in the House, which requires the agreement of two-thirds of the
representatives. This is only an option for bills that are not
controversial. For example, through suspension and unanimous consent in the
House and Senate respectively, Congress approved visas for physicians and
nurses who will be employed in areas of the United States deemed to be
underserved. In addition, Congress approved the Creating Opportunities for
Minor League Professionals, Entertainers, and Teams through Legal Entry
(COMPETE) Act, which expands the "P" visa category to high-level minor
league athletes. Presently, only major league athletes could qualify for
the P visa.
There was an attempt during the last week of the 109th Congress to pass key
provisions from the SKIL Act through unanimous consent and suspension.
However, the provisions did not have the support of all the senators.
Outlook for the 110th Congress
Since Congress only passed three out of eleven appropriation bills, to
prevent the government from shutting down, Congress passed a "continuing
resolution" that would keep federal agencies and programs funded at 2006
levels until February 15, 2007. Even if there are to be any immigration
provisions attached to an appropriation bill in February, the relief would
be very limited and likely would not provide for any reform of immigration
policy. Furthermore, there are reports from Capitol Hill indicating that
the new majority is inclined to extend the continuing resolution to the end
of the year, and not to allow any amendments to the extended continuing
resolution.
Whether or not limited relief passes as part of the appropriation process,
more long-term and extensive reform, such as that contained in the SKIL
Act, would remain necessary to ensure that U.S. businesses maintain (or
regain) the competitive edge in the 21st Century. Because all pending bills
expire at the end of each congress, the SKIL Act or a similar bill must be
reintroduced in the 110th Congress. Meanwhile, debate on comprehensive
reform also is expected to resume in 2007, and reform for immigration of
highly-skilled professionals likely would be part of that larger debate.
Most advocates for business immigration believe that being part of the
comprehensive reform debate would ensure more extensive reform, but passage
is less certain and would take more time because of the many issues and
controversies associated with the "guest worker" and "legalization"
proposals.
+++++++++++++++++++++++++++++++++++++++++++++++++++
Note: The forums are only available to members. Anyone can join.
From Immigration Voice Forum
http://immigrationvoice.org
Important Update and Announcement from IV about 2007
Dear Friends
Recently there has been a very important development that is of tremendous
significance to our goals.
Information from Washington DC from our lobbyist Quinn-Gillespie and from
various industry websites indicates that there will be an effort to attach
a small amount of relief for high-skills immigration in the supplemental
resolution bill that will be signed before 15th February. This year, in all
likelihood, the individual appropriations bills will not be taken up and
instead there will be a supplemental resolution bill that will be at the
Presidents desk on or before 15th February. In this effort, there is a
possibility that increasing the quota of H1B visas may be a higher priority
for some groups.
It is very important for Immigration voice to attach something that is of
benefit to those already here in H1 by getting at least something achieved
with regards to EB Greencard process. Immigration Voice is committed to
getting the I-485 filing provision without visa number availability as
single item for efforts prior to February 15th. Between now and February
15th, Immigration Voice will be focused on this one provision only --
nothing more. The reason is that this provision is the least controversial
of all possible portions of the SKIL bill and other high-skills bills that
have been introduced in the past 1-year. It does not increase any quota of
any kind of visas (temporary or permanent visas), it does not give any kind
of exemptions and it does not recapture any unused visas from the past. In
a nutshell, it has absolutely nothing to do with numbers and it doesnt
bring more people into the country -- 2 issues that provoke the most
opposition. It does not make our wait time shorter in our wait for
permanent residency; it makes our wait time less painful by allowing easier
travel and better job mobility between employers. It also helps the
employers by giving them access to a bigger pool of talent by due to
employees being more capable of switching employers and locations.
Two very important Districts this year:
Californias 16th District
In the next congress Congresswoman Zoe Lofgren (Democrat) of Californias
16th district, would most likely be the chairperson of the Immigration Sub
committee of the House. That makes her office and her district very
important for both short-term efforts before February 15th and long term
efforts during comprehensive approach between 15th Feb and August of this
year. Her district is around San Jose and many of the hi-tech companies
including Cisco is based in that district. If you live in this district in
and around San Jose then you have both power and responsibility to be
consequential this year. And if we miss this opportunity, we have no one to
blame but ourselves. Last year we have seen that we can beat ANY GROUP in
both numbers and funds. When we started out last year we had nearly 2000
dollars in the first week and nearly 12,000 a month later when we started
looking for a lobbyist. This year we have made our organization strong and
well poised to take big steps in 2007. So please respond to every action
item and every initiative -- phones, emails, faxes, office-visits in the
district, employer involvement and contributing financially. Please make an
effort to write to top management of your employers to work with
Congresswoman Lofgrens office to work in interim relief that would help
constituents in her district and keep the high paying jobs locally. That is
an infallible approach. In the longer run, during the comprehensive bill,
we will have entire membership of IV work all these offices, but the start
has to be from the constituents.
Californias 8th District:
Congresswoman Pelosi is the next speaker of the House and House is yet to
write the comprehensive immigration reform. Obviously, as the leader of the
House, she is also very important during the negotiations of various
portions of CIR both during the House debate and during the House-Senate
Conference of CIR. If you live in downtown San Francisco, its your
responsibility and privilege to make a difference both during the
Continuing resolution bill prior to Feb 15th and CIR after that.
Stay tuned for directions, action items, talking points and other
suggestions from IV core.
Thanks,
Immigration Voice
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