Speech #1090084831

I rise today in support of the budget reconciliation package passed by the Senate Judiciary Committee and In opposition to this amendment. The Senator from West Virginia knows what great respect I have for him and his longterm service in this great institution. But I chaired the Subcommittee on Immigration. Border Security and Citizenship in the Senate Judiciary Committee during the 108th Congress. During that time. I worked very closely with my friends and colleagues. Senator KENNEDY and Senator GRASSLEY. to enact HlB reform legislation. That is the part of the amendment I wish to address. One of the most important aspects of that reform was to increase the HlB visa fee to $1.500 per application to fund education and training programs for U.S. workers. In addition to the application fee. the legislation added a $500 antifraud fee to every H1B visa application to detect and prevent fraud in the visa program. The reconciliation package passed by the Senate Judiciary Committee. by a vote of 14 to 2. will generate $45 million annually from HlB visa fees that will go toward scholarships and training programs for U.S. workers. It will also generate $15 million annually to enhance government enforcement of the HlB program requirements that are designed to protect the U.S. workforce. These excess funds provide even more muscle to the Department of Labors enforcement and U.S. worker education and training programs. The Judiciary Committees reconciliation package will allow for the recapture of up to 30.000 HlB visas that were authorized and made available by Congress but went unused in previous years. provided the employer pays a $500 fee for each recaptured visa. I believe this proposal injects muchneeded flexibility Into current law by allowing the flow of these highly educated and highly skilled workers to be driven by supply and demand rather than by an arbitrary cap each fiscal year. Currently. only 65.000 H1B workers are allowed into the U.S. each year. Over the past 3 fiscal years. 20042006. the HIB cap was reached before the end of the fiscal year. A similar shortage occurred in the mid1990s when demand for highskilled workers outpaced supply due to the hightech boom. Congress responded to the needs of the U.S. economy in the 1990s by increasing the HlB cap to 115.000 for fiscal years 1999 and 2000 and then increasing it again to 195.000 for fiscal years 20012003. By allowing the recapture of up to 30.000 H1B visas for the next 5 years. Congress will only be returning the total number of HlB visa holders allowed to come to the U.S. to the fiscal year 1999 levels. I know that many companies. in my home State of Georgia. ranging from the biggest beverage companies and airlines in the world. down to small businesses. rely on access to these H1B workers to effectively compete in the global economy. Other companies rely on the expertise of foreign specialists to perform muchneeded services their companies provide. For instance. recently. a small company with 60 employeesall U.S. citizenswas awarded a contract with the Pentagon to improve rapid response communications between agencies in the event of a natural disaster or terrorist attack. Not only are innovations like these critical to the security of citizens of my home State. but they also can help create jobs for Americans everywhere as demand for the innovation grows and the company expands. This company wanted to bring in a specialist from Northern Ireland to lead its development efforts. The company applied on behalf of this specialist in August 2005 to come in on one of the available H1B visas for fiscal year 2006. However. there were no remaining HlB visas available for fiscal year 2006 and as a result. this company will have to wait until fiscal year 200714 months--to bring this specialist to the U.S. I am supportive of the increased flexibility provided in the Judiciary Committees reconciliation package. When adequate U.S. worker protections are in place. as they are in the H1B visa program. with strict wage requirements and labor market tests. Congress should facilitate the success of U.S. businesses with our immigration laws. I yield the floor.