Speech #1050192225

In the Republican bill. the protection against layoffs only applies if the body shop knows or should have known that the ultimate employer was going to lay off the American worker. If I am an American worker. that does not fill me with confidence. The Department of Labor has been hampered in enforcing the HlB program because only H1B visa holders could initiate complaints. The Republicans claim that the Department receives authority to investigate based on specific credible information of violation. What is not said is that the Secretary must first " * * provide notice to allow the employer to respond before the investigation is initiated. unless the Secretary determines it would interfere with compliance." In practice. we know the Secretary has few resources to investigate violations now. and the Department can expect to find employers objecting to investigations as soon as the Department informs them that one is being considered. It should also be noted that the increased protections provided by the Republican substitute last only as long as the increase in visa numbers continues. The Watt substitute permanently protects U.S. workers. I noted earlier that the claim of a shortage is not well supported by the evidence.