Engology,Job Destruction Newsletter 1865,

<<<<< JOB DESTRUCTION NEWSLETTER  No. 1865 -- 5/15/2008 >>>>>
  
 According to the two articles below there is no chance for an H-1B increase
  
 this year. As the theory goes, the Hispanic Caucus said that unless they
  
 get Comprehensive Immigration Reform (i.e. amnesty) they won't support an
  
 H-1B increase. Rep. Lamar Smith of Texas is fuming over the situation:

  "They have held this legislation hostage to their demand for a
  massive amnesty for 12 million illegal immigrants, a demand that
  the Senate has already rejected."
  
 Sounds good doesn't it? Lamar Smith's angst should be a source of joy for
  
 everyone but lawyers and greedy employers, but don't fall for it! Depending
  
 on the Hispanic Caucus to save our jobs is like allowing the fox to guard
  
 the hen house. 
  
 History shows that almost every time the press declares that an H-1B
  
 increase won't happen, it happens. In other words,

 this is probably the
  
 time to be vigilant. As an example, in 1998 the press said that an H-1B
  
 increase won't happen because President Clinton said he would veto any H-1B
  
 increase. What few newspapers reported on H-1B back then declared an
  
 increase as DOA, and the few techies who knew what H-1B was celebrated
  
 prematurely. In early 1999 Congress slipped the increase into the omnibus
  
 spending bill and Clinton immediately signed it. 
  
 Don't assume that H-1B increases won't happen in election years because
  
 that's exactly what happened in 1998, 2000, and 2004. During election years
  
 politicians are hungry for campaign money and the H-1B pushers are willing
  
 to give them a fix.  The allure of cash far outweighs the minor cries of
  
 anger from the unorganized and scattered opponents of H-1B. 
  
 On the amnesty front the news isn't good, so the theory espoused by these
  
 two articles is on shaky ground. In case you haven't heard, Congress

 is working on a limited amnesty agreement which might be enough to placate the
  
 Hispanic Caucus. If the amnesty passes, an H-1B increase might be a forgone
  
 conclusion. Expect a newsletter soon on this distressing development.

I don't want to end on this newsletter without at least one good laugh, so

here's a good one from George Fishman, chief counsel to House Judiciary

immigration subcommittee who works for Lamar Smith:

   "The H-1B program can and usually does operate to the benefit of

   both American high-tech companies and American workers. It is

   the job of Congress to ensure that it always does."

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://news.medill.northwestern.edu/washington/news.aspx?id=86933

Piecemeal immigration legislation not the solution, says caucus

by Becca

 Milfeld

Apr 23, 2008

WASHINGTON -- A key Hispanic lawmaker charged Wednesday that the patchwork

of immigration bills before Congress is nothing more than a Band-Aid being

used to "cover a gaping wound."

Rep. Joe Baca, D-Calif., chairman of the Congressional Hispanic Caucus,

joined three fellow lawmakers in calling for Congress to shun piecemeal and

enforcement-based immigration legislation and pass comprehensive reform.

The vehicle: a bill that was introduced more than a year ago called "The

STRIVE Act."

No hearings are scheduled for the bill, which has 75 co-sponsors, but

caucus members nonetheless touted it as the best solution for reform. The

proposal touches on issues ranging from border enforcement to undocumented

workers already living in the country.

The caucus members focused on what they characterized as the hodge-podge

nature of other immigration reform proposals, including the push to

increase the

 number of seasonal guest worker visas. The Hispanic caucus

members blocked that measure because it tackled only part of the problem.

But the leading Republican on the House Judiciary Committee disagreed.

"For months, the Democratic majority and the Congressional Hispanic Caucus

have prevented the House of Representatives from voting on critical

immigration legislation, including a border security bill and an emergency

increase in H-1B visas for American high-tech companies," Rep. Lamar Smith

of Texas said in a statement.

"They have held this legislation hostage to their demand for a massive

amnesty for 12 million illegal immigrants, a demand that the Senate has

already rejected."

 A spokesman for House Speaker Nancy Pelosi of California said progress is

unlikely on immigration reform without an end to partisanship.

"Unless the president and the Republican leadership engage Democrats in a

positive way instead of

 using this issue to score partisan political

points, members will only grow more frustrated with the process," said

Nadeam Elshami in a statement.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.news.com/8301-10784_3-9941962-7.html

May 12, 2008 12:12 PM PDT

Dim outlook for H-1B changes in this Congress?

Posted by Anne Broache 28 commentsUpdated at 12:57 p.m. PDT to add the

Democratic leadership's comments.

WASHINGTON--The U.S. Congress won't be beefing up the number of H-1B visas

anytime soon, the chief legal adviser to an influential Republican

predicted Monday.

 Proposals to raise the annual H-1B cap would sail through Congress if

called up for a floor vote, but political considerations mean that probably

won't happen anytime soon, said George Fishman, chief counsel to the

Republican side of a U.S.

 House of Representatives Judiciary Committee

panel on immigration.

That's because the Democratic leadership, including House Speaker Nancy

Pelosi, has given the Congressional Hispanic Caucus "veto power" over any

immigration-related bill that comes to the House floor, regardless of its

popularity, Fishman said at a panel discussion here hosted by the Heritage

Foundation, a conservative think tank that supports an increase in the H-1B

cap.

"The Hispanic Caucus sees it as a bargaining chip to get what they want,

which is comprehensive immigration reform, amnesty for illegal immigrants,

whatever you want to call it," Fishman said. "Until the Democratic

leadership allows legislation (related to H-1Bs) to go to the floor on its

own merits, that's the situation we have here."

Fishman's boss, Rep. Lamar Smith (R-Texas), is the ranking member of the

House Judiciary Committee and has proposed an "emergency" H-1B increase

to

195,000 in 2008 and 2009--the highest level since its peak between 2001 and

2003.

Still, increasing the cap is hardly a one-sided issue, with a number of

Democrats--particularly those in districts with prominent high-tech

companies--onboard as well.

"Democrats are committed to working together toward balanced immigration

reform, including H-1B visas, and we are continuing to hold hearings in

order to move this issue forward," an aide to House Majority Leader Steny

Hoyer told CNET News.com on Monday.

H-1Bs are temporary work permits that allow foreigners with at least a

bachelor's degree in their area of specialty to work in the United States

for up to six years. Currently, the annual cap stands at 65,000, with an

additional 20,000 for foreigners with advanced degrees from U.S.

universities. This year, U.S. immigration officials reported receiving more

than 163,000 petitions for next year's slots within the

 first five days and

are no longer accepting new applications.

Seated alongside Fishman at the Heritage event were two other H-1B

proponents similarly pessimistic about changes occurring this year: Kelly

Krieger Hunt, the U.S. Chamber of Commerce's senior manager for immigration

policy, and James Sherk, a Heritage Foundation labor policy fellow. Sherk

pointed to a study he and a colleague recently conducted, which estimated

the United States will take in an extra $69 billion in tax revenue if

100,000 additional H-1B visaholders are allowed to work each year for the

next eight years.

"The H-1B program can and usually does operate to the benefit of both

American high-tech companies and American workers. It is the job of

Congress to ensure that it always does."

--George Fishman, chief counsel to House Judiciary immigration

subcommitteeBut those positive depictions of H-1Bs are not without

controversy. During the

 question-and-answer session, a representative from

a group called the Federation for American Immigration Reform, which

supports more restrictive immigration policies, asked why the panel had

been stacked with pro-H1B advocates and suggested every employer applying

for the visas should be subject to a full, on-site investigation to verify

its authenticity.

Although Smith's brief "emergency" H-1B bill doesn't propose new checks on

the system, Fishman said his boss is aware of concerns about their abuse

and wants to strike a balance. On the one hand, high-tech companies like

Microsoft and Google prize H-1B visas because they say those work permits

allow them to fill gaps in their operations for which there is a shortage

of qualified Americans. On the other hand, some American programmers say

abuse of the system has displaced American workers and depressed their

wages.

There's truth to both perspectives, Fishman said, adding

 that the

Department of Labor isn't as well-equipped to fight suspected fraud in the

H-1B program as it could be. Part of the reason, he said, is that the

system is based on "attestations" from employers that they're hiring

employees with the proper qualifications and at the requisite wage levels,

and the Labor Department "has to wait around for some to complain" before

it opens an investigation, Fishman said.

"The H-1B program can and usually does operate to the benefit of both

American high-tech companies and American workers," he said. "It is the job

of Congress to ensure that it always does."

- - - - - - - - - - - - - - - - - - - - - - - - - - - -

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http://www.JobDestruction.com/shameh1b/JobDestructionNews.htm

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