Speech #1050000441

Mr. Speaker. the Protecting American Workers Act of 1997 will reform the current temporary employment immigration HI B program and eliminate abuses by employers which hurt American workers. A recent audit by the Department of Labors Inspector general found that the programs which allow entry to thousands of temporary and permanent foreign workers fail to adequately protect the jobs. wages. and working condition of U.S. workers. For far too long. employment based immigration has been used to displace American workers. Instead of filling temporary employment shortages. My legislation will permit the Department of Labor to administer an employment based Immigration program that serves the temporary needs of employers while at the same time protecting the American worker. The bill will amend the H1B skilled temporary visa program as follows: NoLayoff provision to the HIB program (Section 2(a)(2))-Under this section of the bill an employer will have to attest that an American worker was not laid off or otherwise displaced and replaced with HlB nonimmigrant foreign workers within 6months prior to filing or 90 days following the application and within 90 days before or after the filing of a petition based on that application. Requirement to Recruit in the U.S. Labor Market (Section 2(a)(3)-Each petitioning employer will have to attest that it had attempted to recruit a U.S. worker. offering at least 100 percent of the actual wage or 100 percent of the prevailing wage. whichever is greater. paid by the employer for such workers. as well as the same benefits and additional compensation provided to similarlyemployed workers by the employer. Special rules for Dependent employers (Section 2(b))-A petitioning employer who is dependent on HlB workers (4 or more H1B employees in a workforce of less than 41 workers or at least 10 percent of employees if at least 41 workers): a. would have to take "timely. significant. and effective steps" to recruit and retain sufficient U.S. workers to remove as quickly as reasonably possible the dependence on H1B foreign workers. b. would be required to pay an annual fee (based on the HlBs annual compensation) in order to employ an HlB worker5% in the first year. 7.5% in the second. and 10% in the third. Fees will be paid into private industryspecific funds that would use the money solely to finance training or education programs for U.S. workers to reduce the industrys dependency on foreign workers. Increased penalties (Section 2(c)-Penalties are increased for false HlB employer attestations. Job contractors obligations (Section 2(a)(5))-Petitioning employers who are job contractors (as defined by the Department of Labor). would be required to make the same attestations as would the direct employers. Peirod of admission reduced (Section 2(d)(2))-The maximum stay under an H1B visa is reduced to 3 years. instead of the existing 6 years. Residence abroad requirement (Section 2(e))-HB workers required to have a residence abroad that they have no intention of abandoning. For many years the hardworking American worker has been forced to compete with underpriced foreign workers.