Speech #1050191495

As a consequence of that. we have lost opportunities and economic growth is paying a price. This is dangerous for our economy. And that is why my American Competitiveness Act. in addition to providing significant incentives for Americans to enter the high technology sector. will add a limited number of additional H1B visas so companies can find the workers they need to keep facilities and jobs in the United States. and keep our hightech industry competitive in the global marketplace. Let me be specific. Mr. President. In the absence of an increase in these numbers. if we cant find the people to fill the jobs here in this country. what is going to happen is American companies are going to shift operations overseas. and that means not only the loss of the particular job which an H1B worker might fill. but it means the loss of other jobs in the division of the company where the H1B position is vacant. Let me just quickly outline the compromise agreement reached by the White House with our office. First. the bill provides increased access to skilled personnel for American companies and universities. It will do this by increasing the number of H1B temporary worker visas from 65.000 now to 115.000 in fiscal year 1999. 115.000 in fiscal year 2000. and 107.500 in fiscal year 2001. The visa limit will then return to 65.000 in the year 2002. In addition. Mr. President. the bill provides new funding for college scholarships and job training for American workers. 10.000 scholarships per year will be provided to low income students in math. engineering and computer science through the National Science Foundation. with training provided through the Jobs Partnership Act. This program will be funded by a $500 fee per visa petition and a $500 fee for visa renewals. which combined will raise an estimated $75 million each year. Further. Mr. President. this legislation provides three types of layoff protection for American workers. Let me add that throughout the process of working on this legislation. we have been very mindful of the concerns people have that somehow these H1B temporary workers might end up filling a position where an American worker could have filled the slot. Our goal is to make sure that does not happen. and we have built protections into this agreement which we and the administration feel will accomplish that objective. First. any company with 15% or more of its workforce in the United States on H1B visas must attest that it will not lay off an American employee in the same job 90 days or less before or after the filing of a petition for an H1B professional. Second. an H1B dependent company acting as a contractor must attest that it also will not place an H1B professional in another company to fill the same job held by a laid off American 90 days before or after the date of placement. Third. any employer. whether H1B dependent or not. will face severe penalties for committing a willful violation of H1B rules. underpaying an individual on an H1B visa and replacing an American worker. That company will be debarred for 3 years from all employment immigration programs and fined $35.000 for each violation. Penalties for other violations also will be substantially increased. In addition. Mr. President. H1B dependent companies must attest that they recruit according to industrywide standards and that the H1Bholding individual was as. or more. qualified than any American job applicant. An American not hired can file a complaint with an arbitration panel. which can fine employers violating this provision. Penalties and enforcement will be increased from those under current law. The Department of Labor will be given authority to investigate suspected willful and serious violations of HlB. visas if it receives specific and credible evidence of such violations and receives the personal signoff of the Secretary of Labor. The purpose of this authority is to respond to situations of potentially egregious wrongdoing where a complaint had not been filed. This new authority sunsets with the increase in the visas. which will give Congress the opportunity for close scrutiny of whether or not DOL acts responsibly. Finally. Mr. President. this legislation eliminates any financial incentive for companies to hire undercompensated foreign temporary workers by permanently reforming the prevailing wage attestation that is required prior to the hiring of anyone under the H1B program. Under this legislation. employers must offer benefits and the opportunity to earn bonuses to H1B employees if those benefits and bonuses are available to that companys similarlyemployed American workers. In short. it will not be possible to bring in a foreign worker under the H1B program to fill a job where that person is not being paid the prevailing wage inclusive of potential benefits and other forms of compensation. In addition. this legislation provides sanctions for violations of new whistleblower protections and contains provisions against unconscionable contracts and against socalled benching. I am convinced. Mr. President. that this legislation is crucial to maintaining American economic competitiveness and to protect American jobs. It will increase the skills and employability of American workers while making certain that no qualified American worker is replaced by any immigrant worker. It gives our high technology companies the tools they need to compete in world markets without sacrificing in any way the economic opportunities and wellbeing of American workers. Indeed. by keeping America competitive it will increase economic growth and the ability of all Americans to achieve and maintain economic security and prosperity.