Amendment S306 watered down in Senate voice vote

Amendment S306 watered down in Senate voice vote


Date: Tuesday, February 10, 2009 1:06 AM


<<<<< JOB DESTRUCTION NEWSLETTER No. 1977 -- 2/09/2009 >>>>>

The last several days haven't been good for those of us that want to insure
that the Stimulus bill money only go to American workers. Last week President
Obama warned that buying American would be a mistake, and the Senate showed
that they agreed with him by rejecting an amendment that would require that
American labor would be considered before using offshored sources.

"Provisions that are going to be a violation of World Trade
Organization agreements or in other ways signal protectionism
- I think that would be a mistake right now," he said. "That
is a potential source of trade wars that we can t afford at a
time when trade is sinking all across the globe."
-- President Barack Obama

Today the Senate rejected a heroic attempt by Senator Jeff Sessions (R-AL) to
offer an amendment to the Stimulus Bill that would include E-Verify, which
passed the House. Sessions tried to put e-verify in the Stimulus bill to
prevent contractors from using illegal aliens instead of Americans.
Getting e-verify in the Stimulus bill was necessary because Homeland Security
Secretary Janet Napolitano said she strongly supports using E-Verify to
confirm employees' identities, and then promptly blocked it from being
implemented on a national level.

About the only thing Americans had left was Amendment S306 by Senators Bernie
Sanders (I-VT) and Charles Grassley (R-IO). S306 would prevent banks who are
getting TARP bailout money from hiring H-1Bs for a year. Late last week S302
was watered down to the point it's essentially meaningless -- so now we have
nothing to protect American workers. The watering down occurred no less than
about 24-48 hours after AILA issued their negative press release (see previous
newsletter). Apparently AILA called out their emergency response team to lobby
the Senate and they got the dirty job done.

Ron Hira was probably being generous when he made this statement:

"These are hardly onerous expectations," notes Ron Hira, professor
of public policy at the Rochester Institute of Technology and an
expert on H-1B visas. Hira says the provision would affect about
1,000 jobs.

In order to understand how S306 was gutted, the older version as originally
proposed to the Senate is included below as well as the modified version.
S306 was amended by a voice vote so we will probably never know who
participated in this ritual, but remember many of the harmful H-1B
modifications have been done in the same sneaky manner.

At first glance the modified bill seems to an improvement because the Sunset
provision was increased from 1 to 2 years. The real damage to S306 is more
subtle and difficult to catch unless you know what to look for.
Fortunately I will share my incredible insight and wisdom with all of you!

In the original amendment the banks were restricted from hiring H-1Bs with
this clause (warning reading this stuff can cause dizziness):

IN GENERAL.--Notwithstanding any other provision of law, it shall be
unlawful for any recipient of funding under title I of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343) or section 13
of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any
nonimmigrant described in section 101(a)(15)(h)(i)(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)).
[modified bill text goes here -- keep reading for explanation]

The confusing verbiage does nothing more than to say that banks who receive
TARP bailout money will not be allowed to hire H-1Bs. The pertinent clauses
from 8 U.S.C. are included below if you are curious enough to read the law.
It's actually something that all of you should spend the time to do,
especially since only the important excerpts are included.

The modified bill contains this obscure looking clause tacked onto the
paragraph above:

unless the recipient is in compliance with the requirements for an
H -1B dependent employer (as defined in section 212(n)(3) of such Act
(8 U.S.C. 1182(n)(3))), except that the second sentence of section
212(n)(1)(E)(ii) of such Act shall not apply.

In this case "unless" is a mighty big word!

"Unless" essentially let's banks off the hook for hiring H-1Bs by appearing to
be restrictive by making banks that recieve TARP money to be "H-1B dependent".
It does nothing more than requiring banks to jump a few more hoops to hire an
H-1B. For banks, hiring an H-1B will be slightly easier than sponsoring a
foreigner for a green card, which isn't very difficult at all! The few
companies in the U.S. that are H-1B dependent manage to hire all the H-1Bs
they want until the yearly cap has been met.

H-1B dependency is a legal term that is used to describe companies that have
more than 15% of their employees on H-1B visas. Since the number is calculated
on total employees, and most people who work at banks are clerks, tellers, and
other occupations that aren't typically H-1Bs, there probably isn't a single
bank in the USA that is H-1B dependent. Normally these banks wouldn't be H-1B
dependent even if 100% of their computer/IT department were H-1Bs. On the
surface it seems that S306 is really putting it to the banks by declaring them
to be H-1B dependent, but in reality it's almost a free pass to hire more H-
1Bs.

The H-1B dependency clause is nothing but a big loophole. You can read more
about it by going to this webpage. The legal definition of dependency is
included below the commentary.

http://www.jobdestruction.info/ShameH1B/H1BLegal.htm
"Legality of Replacing Americans With H-1Bs, A Study of What the Law Says"

As Norman Matloff recently explained, this amendment is to H-1B what the
salary cap is to bank CEOs. It's purely symbolic but at least it implicitly
says that H-1B is used to displace American workers. Matloff went further to
explain the significance of Amendment S306:

In DC circles, this [S306] is called a "marker," which is
legislation that, while not solving a problem is a symbolic
step in eventual solution. Although it's clear that the
lobbyists were powerful enough to limit the damage,
I'm sure they are not happy at all that a marker was established.

Personally I doubt S306 will get past the conference stage where the House and
Senate iron out their differences, but it is a symbolic win. It's too bad that
unemployed people can't pay their bills with symbolic jobs.

I included an article at the end by David Sirota who is a big time political
journalist that writes for among others, the New York Times.
Sirota totally confuses the "Buy American" bill with S306. It's understandable
that a lot of people would be confused, but David Sirota?
Sheesh!

Even immigration experts got snookered, so apparently S306 as modified is an
effective smokescreen. Read the last article to see the overly optimistic
summary of this episode by FAIR. Since the FAIR commentary referred to the
modified version of S306 they might not have known what H-1B dependency means.
Sheesh!


REFERENCES:

S.Amdt. 306 after Modification
Thomas.gov

S.Amdt. 306 before Modification
Thomas.gov

http://www.usdoj.gov/crt/osc/ref/8usc1182n.htm
Definitions of H-1B dependency

http://www.thehindubusinessline.com/businessline/blnus/15091733.htm
H1B visa curbs: IT outsourcing cos 'seemingly' not impacted

http://features.csmonitor.com/politics/2009/02/08/stimulus-package-buy-american-provision-in-our-out-yes/
Stimulus package: "Buy American" provision - in our out? Yes.

http://www.businessweek.com/blogs/money_politics/archives/2009/02/h-1b_visas_buy.html
H-1B Visas: 'Buy American' Comes to TARP

http://www.onenewsnow.com/Politics/Default.aspx?id=412006
Stimulus-created jobs...for illegals

http://www.rightsidenews.com/200901313509/border-and-sovereignty/how-to-kill-e-verify-without-anyone-noticing.html
How to Kill E-Verify Without Anyone Noticing

http://www.ourfuture.org/blog-entry/2009020606/senate-passes-amendment-stop-outsourcing-subsidy
Senate Passes Amendment to Stop Outsourcing Subsidy

http://www.fairus.org/site/News2?page=NewsArticle&id=19829&security=1601&news_iv_ctrl=1721#1
Senators Amend Stimulus Bill to Ensure TARP Recipients Hire U.S. Workers First

+++++++++++++++++++++++++++++++++++++++++++++++++++

S.Amdt. 306 after Modification

http://thomas.gov
also see
http://www.govtrack.us/congress/amendment.xpd?session=111&amdt=s306

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 -- (Senate - February 06,
2009)

[Page: S1669]

SEC. __. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.

(a) Short Title.--This section may be cited as the ``Employ American
Workers Act''.

(b) Prohibition.--

(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be
unlawful for any recipient of funding under title I of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal
Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in
section 101(a)(15)(h )(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(h )(i)(b)) unless the recipient is in compliance with the
requirements for an H -1B dependent employer (as defined in section 212(n)(3)
of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section
212(n)(1)(E)(ii) of such Act shall not apply.

(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a
new employee to commence a period of employment.

(c) Sunset Provision.--This section shall be effective during the 2-year
period beginning on the date of the enactment of this Act.

+++++++++++++++++++++++++++++++++++++++++++++++++++

S.Amdt. 306 before Modification

http://www.govtrack.us/congress/amendment.xpd?session=111&amdt=s306

S.Amdt. 306: To require recipients of TARP funding to meet strict H-1B
worker...
To require recipients of TARP funding to meet strict H-1B worker hiring
standard to ensure non-displacement of U.S. workers.

An amendment to H.R. 1: American Recovery and Reinvestment Act of 2009.

Offered: Feb 4, 2009
Sponsor: Sen. Bernard Sanders [I-VT]
Actions: Feb 5, 2009: Amendment SA 306 proposed by Senator Sanders to
Amendment SA 98.
Feb 6, 2009: Considered by Senate.

For more information, see the the official record on THOMAS for S.Amdt.
306.

Text of amendment
SA 306. Mr. SANDERS (for himself and Mr. GRASSLEY) submitted an amendment
intended to be proposed by him to the bill H.R. 1, making supplemental
appropriations for job preservation and creation, infrastructure investment,
energy efficiency and science, assistance to the unemployed, and State and
local fiscal stabilization, for fiscal year ending September 30, 2009, and for
other purposes; which was ordered to lie on the table; as
follows:


At the appropriate place, insert the following:

SEC. __. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.

(a) Short Title.--This section may be cited as the ``Employ American Workers
Act''.

(b) Prohibition.--

(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be
unlawful for any recipient of funding under title I of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal
Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in
section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(h)(i)(b)).

(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new
employee to commence a period of employment.

(c) Sunset Provision.--This section shall be effective during the 1-year
period beginning on the date of the enactment of this Act.


(As printed in the Congressional Record for the Senate on Feb 4, 2009.)


+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.usdoj.gov/crt/osc/ref/8usc1182n.htm

(3)(A) For purposes of this subsection, the term ``H-1B-dependent
employer'' means an employer that--
(i)(I) has 25 or fewer full-time equivalent employees who are
employed in the United States; and (II) employs more than 7 H-1B
nonimmigrants;
(ii)(I) has at least 26 but not more than 50 full-time
equivalent employees who are employed in the United States; and (II)
employs more than 12 H-1B nonimmigrants; or
(iii)(I) has at least 51 full-time equivalent employees who are
employed in the United States; and (II) employs H-1B nonimmigrants
in a number that is equal to at least 15 percent of the number of
such full-time equivalent employees.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.thehindubusinessline.com/businessline/blnus/15091733.htm

Monday, February 9, 2009

Update at 1745 hrs (IST)


Info-Tech
H1B visa curbs: IT outsourcing cos 'seemingly' not impacted NEW DELHI: Indian
IT companies can take a breather as the US Senate vote for imposing stringent
conditions on the hiring of H-1B visa workers by the American firms receiving
Federal bailouts would not hit them. "From the reading of the provisions, i t
seems the impact is only on the people directly employed by the TARP
companies. Outsourcing firms including those from India are seemingly not
impacted,'' said Mr Som Mittal, President, Nasscom.

The amendment Bill is yet to go through reconciliation in the House before it
is enacted, he said. None of the top Indian IT companies commented on the
possible impact of the decision on them. He said a Nasscom delegation which
will visit the US to meet customers, analysts, Government officials is going
to raise the issue to state how protectionism is not good for the global
world. -- PTI


+++++++++++++++++++++++++++++++++++++++++++++++++++

http://features.csmonitor.com/politics/2009/02/08/stimulus-package-buy-american-provision-in-our-out-yes/

Stimulus package: "Buy American" provision - in our out? Yes.
By Jimmy Orr | 02.08.09

Sometimes you can t get a song out of your head, no matter how hard you try.
The theme to "Welcome Back Kotter" is a perfect and terrifying example.

With the "Buy American" provisions being debated in the economic stimulus
bill, the Oak Ridge Boys s "American Made" might just have that effect on you
- be you unfortunate enough to know the song.

Regardless, it has turned out to be one of the few controversial things in the
package (the provision, not the band).

Controversy

Maybe it s more than a few. There s always the price tag. Some people think $1
trillion isn t nearly high enough. And others claim that there needs to be
much more government intervention in order for it to work.

There are even some who think it s too expensive and too government heavy!

In or out?

But overlooking these details, when asked this morning if President Obama
wanted the "Buy American" provision dropped from the package, Transportation
Secretary Ray LaHood responded with a definitively firm non-answer.

"I think there is going to be a lot of discussion about the Buy American
provision in the conference," LaHood said. "And I think you re going to see
the president weigh in on this. And I haven t talked to the president directly
about it, but..

"Is that an in or an out?" CNN host John King questioned.

"I think there is going to be a lot of discussion about it, John," he said,
providing insight to the lack of clarity he wished to divulge.

Concerns

The folks at Caterpillar, headquartered in Peoria (part of LaHood s former
congressional district), don t like it.

"Our position is that, while Buy American may sound good, in fact we re very
concerned that if this stimulus legislation contains the Buy American
provision, other nations and regions of the world would follow our lead and
pass similar provisions," spokesman Jim Dugan told the Indianapolis Star.

Obama

That s what President Obama seemed to say as well when speaking to ABC s
Charlie Gibson earlier this week.

"Provisions that are going to be a violation of World Trade Organization
agreements or in other ways signal protectionism - I think that would be a
mistake right now," he said. "That is a potential source of trade wars that we
can t afford at a time when trade is sinking all across the globe."

So while it would appear that he s leaning in this direction, anything can
happen in the next few days. What are economists saying about it? Read this
piece by Monitor colleague David Francis.


+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.businessweek.com/blogs/money_politics/archives/2009/02/h-1b_visas_buy.html

H-1B Visas: 'Buy American' Comes to TARP Posted by: Dan Beucke on February 06

By Moira Herbst

It s another attempt at requiring companies to "Buy American" -- but in this
case, not American iron or steel, but American workers.

The U.S. Senate voted on Feb. 6 to put stricter limits on banks and other
recipients of taxpayer money through the Troubled Assets Relief Program, or
TARP, that want to hire high-skilled workers from overseas under the H-1B visa
program. The Senate approved the measure -- introduced by Senators Charles
Grassley (R-Iowa) and Bernie Sanders (Independent-Vermont) -- by voice vote as
an amendment the economic stimulus package President Barack is urging the
Senate to pass.

The vote came the same day that the government announced that that 598,000
U.S. jobs were lost in January, the biggest one-month drop in 34 years. The
unemployment rate reached a 16-year high of 7.6%.


The amendment that passed isn t as tough as the one Grassley proposed on Feb.
5, which would have prohibited firms from hiring H-1Bs altogether. The
modified amendment instead makes TARP recipients jump through extra hoops
before they can hire those foreign workers. Specifically, it subjects
recipients of TARP funds to the same rules so-called H-1B dependent employers
must follow. (An H-1B dependent employer is one whose workers brought in with
that visa comprise 15% or more of the employer's total
workforce.) These rules include:

1. The employer can t displace any similarly employed U.S. worker with an H-1B
hire within 90 days before or after applying for H-1B status or an extension
of status.

2. The employer can t place any H-1B worker at the worksite of another
employer -- meaning it can t outsource a worker for a client -- unless that
employer first makes a "bona fide" inquiry as to whether the other employer
has displaced or will displace a U.S. worker within 90 days before or after
the placement of the H-1B worker.

3. The employer has to take good-faith steps to recruit U.S. workers for the
job opening, at wages at least equal to those offered to the H-1B worker. The
employer must offer the job to any U.S. worker who applies and is equally or
better qualified than the H-1B worker.

"These are hardly onerous expectations," notes Ron Hira, professor of public
policy at the Rochester Institute of Technology and an expert on H-1B visas.
Hira says the provision would affect about 1,000 jobs.

The amendment falls short of preventing large banks from using H-1Bs brought
into the U.S. by outsourcing firms like India-based Infosys (INFY), Wipro
(WIT), and Tata, which are among the top recipients of petitions for the H-1B
visa program. "Most of the H-1B use, and abuse, happens through relationships
banks have with outsourcing firms," says Hira. "I don t think [the amendment]
restricts them from working w those firms." In other words, a bank could still
legally force a laid-off American employee to train a replacement worker who
is on an H-1B visa.

A related provision was passed in the U.S. House on Jan. 21 as an amendment to
a bill that passed to reform TARP.

That measure, introduced by U.S. Representative Sue Myrick (R-N. Carolina),
prohibits TARP recipients from outsourcing call-center work to foreign
companies. The bill has not yet been taken up by the Senate.

Rising unemployment is leading to more scrutiny of the H-1B visa program and
its effects. On Feb. 1 an Associated Press story said that the dozen banks now
receiving the biggest TARP rescue packages, totaling more than $150 billion,
requested visas for more than 21,800 foreign workers over the past six years
for positions such as senior vice presidents, corporate lawyers, junior
investment analysts and human resources specialists. And in my story earlier
this week, I wrote about the controversy surrounding Microsoft s efforts to
lift caps on the number of H-1B worker visas while it eliminates 5,000 jobs.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.onenewsnow.com/Politics/Default.aspx?id=412006

Stimulus-created jobs...for illegals
Chad Groening - OneNewsNow - 2/9/2009 7:00:00 AM

Will the jobs that supposedly will be created by the economic stimulus
legislation go to Americans? Maybe, and maybe not.


It is absolutely wrong, says immigration reform activist Susan Tully, for the
U.S. Senate to omit an important section of the House stimulus bill that
prevents illegal immigrants from obtaining any jobs created by the
legislation.


The House-passed stimulus package -- the American Recovery and Reinvestment
Act (H.R. 1) -- contains specific language requiring that all contractors
receiving funds under the bill use the federal E-Verify system to find out if
workers are either U.S. citizens or legal immigrants authorized to work.


But Tully, with the Federation for American Immigration Reform (FAIR), says
the Senate stimulus bill deliberately omits the E-Verify provision.


"We were actually told by a reporter who called our office to get our comments
on this that...the U.S. Chamber of Commerce did a deal behind the doors with
the Senate to get that language removed using E-Verify for the stimulus bill,"
she states.


Tully is convinced that greedy U.S. business interests are behind the
country's current financial mess. He accuses those interests of corruption and
knowingly using illegal labor as a cheap way to help keep businesses afloat.


"No! This is the whole mentality that has got us into this predicament to
begin with," says the immigration reformer. "And I have no hope based on what
I've seen Washington do that they are going to get this right."


Tully says that according to a study recently done by Robert Rector of the
Heritage Foundation, if the Senate stimulus bill becomes law without the E-
Verify provision, 300,000 jobs created by the bill would go to those who are
in the country illegally.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.rightsidenews.com/200901313509/border-and-sovereignty/how-to-kill-e-verify-without-anyone-noticing.html
How to Kill E-Verify Without Anyone Noticing

February 1, 2009
www.americanpatrol.com/
Globalist and the Reconquista Dilemma
Lou Dobbs Tonight -- CNN -- January 30
Lou Dobbs: Tonight big business, socio ethnocentric special interest groups,
combining, trying to destroy the most effective government program against
illegal immigration. The program is E-Verify. E- Verify allows federal
contractors and employers to verify the legal status of their employees.

And as we've reported extensively, the program is more than 99 percent
accurate. So why are they trying to kill it? Because it's 99 percent accurate.


Casey Wian: E-Verify, and electronic system enabling employers to determine if
their workers are legally authorized was supposed to become mandatory for all
major federal contractors January 15. But in one of the Bush administration's
final acts, the rule was delayed until February because of a U.S. Chamber of
Commerce lawsuit. Now, one of the Obama administration's first acts is to
delay E-Verify even further, until late May, to review the program. The
Homeland Security Department called it a proven tool seven months ago.
Janet Napolitano, DHS: I think the only reason for the delay is to make sure
that everything is properly implemented. This is a big system to implement
across the country. [...]
Obama: We have to crack down on employers who are abusing undocumented
immigrants instead of hiring citizens.



+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.ourfuture.org/blog-entry/2009020606/senate-passes-amendment-stop-outsourcing-subsidy

Senate Passes Amendment to Stop Outsourcing Subsidy By David Sirota Created
02/06/2009 - 1:50pm

Earlier this week, the Associated Press reported [1] that taxpayers'
bailout money was being used to subsidize the financial industry's efforts to
offshore its workforce. Now, the Senate has passed a bipartisan amendment to
crack down on this rip-off scheme. Here's a press release from Sen. Bernie
Sanders (I-VT), one of the authors of the amendment:

WASHINGTON, February 6 -- As unemployment rose and the worst recession since
the Great Depression worsened, the Senate today voted to prohibit banks that
take taxpayer bailout funds from replacing laid off workers with foreign guest
workers...Legislation by Senators Sanders (I-Vt.) and Charles Grassley (R-
Iowa) would require bailed-out banks where there have been layoffs to hire
only Americans for two years. On a voice vote, the Senate added the Sanders-
Grassley Amendment to an economic recovery bill.

It remains to be seen whether this amendment remains in the final stimulus
bill, but the fact that no senator was willing to stand up and oppose it is a
good sign. Couple this with the strong vote in support of Buy America
provisions [2] in the stimulus, and the Financial Times [1] is right -
progressives pushing for a radically altered trade, globalization and
international economic policy are starting to win.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.fairus.org/site/News2?page=NewsArticle&id=19829&security=1601&news_iv_ctrl=1721#1

FAIR Legislative Update 02-09-09

Senators Amend Stimulus Bill to Ensure TARP Recipients Hire U.S. Workers First

Last week, Senators Bernie Sanders (I-VT) and Charles Grassley (R-IA) offered
an amendment to the economic stimulus package that will require any recipient
of funds from last year's $700 billion federal bailout of the financial
services sector to meet certain hiring standards before they are allowed to
hire H-1B workers. Last week, the Senate adopted the "Employ American Workers
Act" offered by Senators Sanders and Grassley, which would prevent entities
that received funds from the Troubled Assets Relief Program (TARP) from
displacing U.S. citizen workers, and was adopted by voice vote. (Congressional
Record: Page S1669, February 5, 2009; Congressional Record: Page S1803,
February 6, 2009; Daily Digest: Page 1, February 6, 2009)

The amendment's adoption came one week after the Associated Press released a
report revealing that "the dozen banks now receiving the biggest rescue
packages, totaling more than $150 billion, requested visas for more than
21,800 foreign workers over the past six years." (Associated Press, February
1, 2009; also see FAIR's Legislative Update, February 3, 2009).
According to the AP report, those banks that received billions in taxpayer
bailouts sought to import foreign workers to fill positions that paid an
average salary of nearly $91,000 annually, including high-level executives,
lawyers, junior investment analysts and human resources specialists.
(Id.).

In remarks on the Senate floor, Senator Sanders noted that he "firmly
believe[s] that companies going through layoffs that employ H-1B [workers]
have a moral obligation to protect American workers by putting them first
during these difficult times." (Computerworld, February 5, 2009). Senator
Grassley commented on the amendment in a press release: "Hiring American
workers -- should be a top priority for businesses taking taxpayer money
through the TARP program." Grassley added that "there is no need for
companies to hire foreign workers through the H-1B program when there are
plenty of qualified Americans looking for jobs." (Senator Grassley's Press
Release, February 5, 2009).

Senator Grassley has been a leader in efforts to reform the H-1B visa program.
When Microsoft announced two weeks ago that it would be cutting 5,000 jobs,
Grassley wrote the company and urged them to lay off H-1B workers before
laying off American citizens. (See FAIR's Legislative Update, February 3,
2009). Furthermore, Grassley cosponsored H-1B reform legislation in 2007 with
Senator Dick Durbin (D-IL) that "would give priority to American workers and
crack down on unscrupulous employers who deprive qualified Americans of high-
skill jobs." (Senator Grassley's Press Release, January 23, 2009). Grassley
has also lamented an internal report released by U.S. Citizenship and
Immigration Services in September 2008 that revealed high levels of fraud and
technical violations within the H-1B program. (See FAIR's Legislative Update,
October 14, 2008).

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