Status of H1B Legislation -- Get Involved!
Posted Oct 12, 1998

The Judiciary Committee of the U.S. House of Representatives, in an unusual bipartisan measure, approved H.R. 3736 which had been introduced by none other than Lamar Smith, notorious for his anti-immigrant provisions within the last few years. The Advocacy Section of the American Immigration Lawyers Association has suggested the format of letters to send to your representatives.

H.R. 3736 may go to the floor of the House of Representatives for a full vote in early June 1998. Please contact all concerned politicians who may be in recess and available in each State TO EXPRESS YOUR OPPOSITION TO THE SMITH BILL AS PASSED BY THE JUDICIARY COMMITTEE. Attached below is a list of useful and powerful Republicans whose vote may make a big difference. Please have employer clients and company clients fax their comments to their elected representatives. The sample draft letters can be modified according to the company's requirements.

Points to emphasize in the letter/fax are:

*We strongly oppose H.R. 3736 as passed by the House Judiciary Committee because it is anti-business, and anti-competition, and greatly increases governments power to regulate business.

*In order to remain competitive in the global marketplace, American employers must have access to skilled foreign workers under the H1B program. The program allows U.S. companies and employers to take advantage of the best talent available from around the world.

*Business is deeply committed to educating and training American workers. They know that American employees constitute their current and future labor market and are committed to education and training programs that will equip U.S. workers with needed skills to help solve current shortages. Such a commitment is consistent with employing H1B foreign professionals for their needed skills. *The H1B program, which brings to this country highly-skilled foreign professionals to work for American employers and make our country more competitive, should not be undercut by Department of Labor-drafted provisions that will negate the benefit conferred by increasing the cap on H1Bs.

*Senate Republicans in Senate Bill 1723 rejected by an overwhelming majority similar proposals presented by Senator Kennedy and labor unions. House

Main Targets: Gingrich (GA), Armey (TX), Delay (TX), Hyde (IL)

Targets to get to Leadership:

Kolbe (AZ), Shadegg (AZ), Cox (CA), Doolittle (CA), Dreier (CA), Lewis (CA), Riggs (CA), Rogan (CA), Shays (CT), Fowler (FL), Goss (FL), McCollum (FL), Weldon (FL), Linder (GA), Nussle (IA), Fawell (IL), Hastert (IL), Porter (IL), Weller (IL), McIntosh (IN), Souder (IN), Livingston (LA), Ehlers (MI), Hoekstra (MI), Emerson (MO), Parker (MS), Smith (Chris) (NJ), Solomon (NY), Walsh (NY), Boehner (OH), Chabot (OH), Hobson (OH), Ney (OH), Pryce (OH), Istook (OK), Goodling (PA), Greenwood (PA), Bryant (TN), Cannon (UT), Goodlatte (VA), Dunn (WA), White (WA),

Sample Letter suggested by AILA to Congress

Dear Representative:

We write to urge your support to address an issue of crucial importance to American business and the American economy: the arbitrary limitation on bringing into this country vitally needed foreign-born professionals. U.S. immigration laws allow U.S. employers to bring a very limited number of highly specialized and skilled professionals (H1B workers) to the U.S. to hold positions for which U.S. citizens are unavailable, or whose skills are so unique that the U.S. economy benefits from having them here. In each case, the temporary foreign professional brings skills that enable a U.S. company to remain competitive in today's global marketplace. The H1B program not only keeps jobs here in the U.S., but also creates more jobs for Americans.

Only 65,000 professionals are allowed annually into the U.S. in the H1B category. These professionals are limited to a maximum stay of six years. The number 65,000 was chosen at random during rancorous debate over the 1990 Immigration Act, without regard to actual usage or anticipated need, and falls far short of meeting both current and future business needs. Last year the 65,000 cap was reached in late August, six weeks before the end of the fiscal year. This year, the cap was reached in early May 1998. Already, the inability to bring in needed workers for five months in this fiscal year (may-September 1998)is causing unprecedented harm.

The Senate recently acted by passing S.1723, the American Competitiveness Act, by an overwhelming bipartisan majority. Business strongly supports the Senate bill, in contrast to the House bill, H.R. 3736, which, while increasing the cap over the next two years, makes significant new permanent changes to the H1B program. These changes effectively offset the benefit of increased numbers by making the program unusable for a significant number of U.S. employers. These changes will allow the Department of Labor to micromanage the human resources policies of U.S. employers who wish to employ H1B professionals. Unable to use the H1B program, many employers will be forced to end projects or move jobs to countries where they do not face such impediments to global competitiveness. Further, these permanent changes are being made without any evidence of widespread abuses of the current system, and are similar to those supported by the Department of Labor in order to increase its authority and strike at a program that it has not supported.

We urge your support for U.S. business by working with House leadership and other colleagues to pass a House bill that will increase the cap on skilled foreign professionals without including new governmental intrusions into business management that will effectively kill the program. Thank you.

Sincerely,

Sample Letter to Congress from Client Companies

Dear Representative:

(Company name) urges your support for increasing the arbitrary limitation on bringing into this country vitally needed foreign-born professionals on a temporary basis, without including new government intrusions into business management. U.S. immigration laws allow U.S. employers to bring a very limited number of highly specialized and skilled workers (H1B workers) to the U.S. to hold positions for which U.S. citizens are unavailable, or whose skills are so unique that the U.S. economy benefits from having them here. These temporary professionals enable a U.S. company to remain competitive in today's global marketplace and both keep jobs here in the U.S. and create more jobs for Americans. Some examples from our company show the indispensability of H1B professionals for our operations and economic competitiveness. (Describe your company's operations and at least one situation where an H1B worker contributed to your operation. Such examples include situations where the employee was central to a project that created jobs, developed a new product, or enabled you to enter a new market. Be as specific as possible.)

Only 65,000 professionals are allowed annually into the U.S. in the H1B category, and are each limited to a maximum stay of six years. The number 65,000 was chosen at random during rancorous debate over the 1990 Immigration Act, without regard to actual usage or anticipated need, and falls far short of meeting both current and future business needs. For this fiscal year, the cap was reached in early May. (Insert company name)s inability to bring in needed workers for almost five months will cause unprecedented harm. (Describe the effect on your company of the inability to hire H1B workers until October. Describe how your company will handle the delay, and your costs in terms of dollars, U.S. jobs, and industry competitiveness.)

(For companies with education and training programs, add this paragraph). Companies that hire H1B professionals already have invested, and will continue to invest, significant amounts of money in education and training of current and future U.S. company's workers. For instance, (cite your education and training programs.) However, these efforts are insufficient to meet my company's immediate needs.

The Senate recently acted by passing S.1723, the American Competitiveness Act, by an overwhelming bipartisan majority. Business strongly supports the Senate bill, in contrast to the House bill, H.R. 3736, which, while increasing the cap over the next two years, makes significant new permanent changes to the H1B program. These changes effectively offset the benefit of increased numbers, since they will make the program unusable for a number of U.S. employers by allowing the Department of Labor to oversee and micromanage the human resources policies of U.S. employers who wish to employ H1B professionals. Unable to use the H1B program, employers will be forced to end projects or move projects or jobs to countries where they do not face such impediments to global competitiveness. For instance, (state how your company would react to the imposition of these administrative burdens.) Further, these permanent changes are being made without any evidence of widespread abuses of the current system. They have been drafted by the Department of Labor in order to increase its authority and strike at a program that it has long disliked.

We urge your support for U.S. business by working with House leadership and other colleagues to pass a House bill that will increase the cap on skilled foreign professionals without including new governmental intrusions into business management that will effectively kill the program. Thank you.

Sincerely,

Name of Person and Title

The Law Office of Sheela Murthy is happy to assist you in this process. Please contact the Paralegal in the Law Office of Sheela Murthy, Jill Bussey who is in charge of Advocacy matters if you need specific assistance.