Speech #1050139870

There are other aspects of this legislation that I want to highlight. As foreign workers continue to be admitted into the American workforce. and as the fiveyear reauthorization progresses. I will work with the State Department and the Immigration and Naturalization Service to scrutinize which workers really make up our population of HiB workers. Lets make sure that the HiB program only admits those workers who will perform a "specialty occupation" as defined by the Immigration and Nationality Act. including the following. the individual possesses unique knowledge or skills. the individual can localize a product based on native knowledge of language or culture of the foreign market. the individual will contribute to a companys global presence. or. an employer finds an inadequate number of highly qualified American workers to fill the job. In addition. it is important to understand the dynamics by which HiB employees come to stay in the United States permanently. instead of returning home after the six years they are authorized to work in this country under the visa. While it is true that in 1990. immigration reforms made it possible for HiB workers to. with "dual intent." enter the United States on an HiB visa and then remain in the United States permanently. I believe it is important to know how many immigrants are entering the United States on an HiB visa and then staying here permanently. Finally. it is very important that the Labor Department respond to questions posed in March by Immigration Subcommittee Chairman SPENCER ABRAHAM about abuses in the HiB program. It is important to understand why the number of complaints about the H1B process are so few. I support the provisions of the bill that increase penalties to $25.000 per violation and provide for a twoyear debarment from the HiB program for employers who willfully violate the law. but we need to know more about whether or not a substantial number of employers do or do not violate HiB immigration law. Mr. President.