-Caveat Lector-

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the REPUBLIC for which it stands,  one Nation under God,indivisible,with
liberty and justice for all."

 visit my web site at
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---------- Forwarded message ----------
Date: Sun, 28 Dec 2003 18:26:35 PST
From: carl william spitzer iv <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: [JBirch] WS>>Lawmakers look to curb L-1 visas



          By Shelley Solheim
          EWeek Magazine,

          A  pair  of Congresswomen this  week  raised  questions
     about  the  L-1  visa and promised to fight  abuses  of  the
     program,  which  some say has cost the jobs of  American  IT
     workers.

          Rep.  Rosa DeLauro (D-Conn.) announced plans to  intro-
     duce  legislation  that will, among other things,  place  an
     annual  cap  of  35,000 on L-1 visas and  will  require  L-1
     workers  to  be paid prevailing U.S. wages. The  bill  would
     also deny L-1s to any company that has laid off an  American
     worker  in  the  six months before or after  filing  an  L-1
     application.

          "At  a time when domestic employment is at an  all-time
     high  and  tens and thousands of jobless  tech  workers  and
     others  are looking for work, it is important to  close  the
     loopholes that disadvantage American workers," DeLauro  said
     in a press release.

          Another  Connecticut lawmaker this week also  vowed  to
     take action against the alleged misuse of L-1 visas. Spurred
     into action by a group of unemployed IT workers, Rep.  Nancy
     Johnson (R-Conn.) urged Congress on Wednesday to remedy what
     she sees as a weakness in both L-1 and H-1B visa laws.

          Johnson,  who  has already co-sponsored a bill  to  re-
     strict L-1 visas, told the U.S. House Small Business Commit-
     tee  about a "sobering" meeting in April with several  laid-
     off  IT workers. They told her "that their former  employers
     were  replacing  them with cheaper workers brought  in  from
     overseas on H-1B or L-1 visas.

          "In  some cases the American worker was  instructed  to
     train  the  new arrival only to be summarily  dismissed  and
     replaced by the foreign worker," Johnson said.

          During  the dot-com boom in October of  2000,  Congress
     extended  the  annual  cap on new H-1B  visas,  which  allow
     foreign workers to take temporary jobs in the United States,
     from 115,000 to 195,000 to meet the perceived shortage of IT
     workers.  The  cap will revert to 65,000 on Oct.  1,  unless
     Congress  extends ita move which Johnson on Wednesday  urged
     against.  Johnson's press secretary, Brain Schubert, said he
     was  not aware of any movement afoot in Congress  to  extend
     the bill.

          The number of H-1B visas issued has declined in  recent
     years, but a lesser-known visathe L1has skyrocketed. Accord-
     ing  to the Bureau of Citizenship and Immigration  Services,
     the number of L-1 visas issued surged from 75,315 in 1992 to
     328,480 in 2001.

          The L-1 visa program was created to allow multinational
     companies to more easily and quickly transfer employees from
     their  foreign subsidiaries, affiliates or parent  companies
     to the United States. But "a cottage industry has emerged to
     exploit the L-1 visa program," Johnson said in her  testimo-
     ny.  "It appears that companies can be constituted with  the
     express purpose of funneling workers into the United States.
     IT consultancies with operations overseas, for example,  are
     using  the L-1 visa program to import workers who  are  then
     contracted out to domestic companies."

          Unlike  the H-1B, there is no cap on the number of  L-1
     visas  that can be issued, nor does the L-1 program  require
     that foreign workers receive prevailing U.S. wages. That  is
     "why  the H-1Bs are decreasing, and L-1s  increasing,"  says
     John Bauman, president of The Organization for the Rights of
     American  Workers.  TORAW, as it is known, is  a  grassroots
     group  based in Meriden, Conn., that was formed  by  several
     laid-off IT workers.

          Bauman  was  one of the unemployed IT workers  who  met
     with Johnson in April, and he was pleased with her  testimo-
     ny. "That's exactly what we told her," he said.

          Johnson is co-sponsor of a bill introduced in  Congress
     last  month  with Rep.  John L. Mica (R-Fla.) that  aims  to
     prohibit  the  outsourcing of L-1 visa  holders.  Under  the
     bill,  companies would only be able employ L-1 visa  holders
     from their foreign subsidiaries, not from third parties.

          "Unfortunately the L-1 visa program, while  well-inten-
     tioned,  has been used as a back door to cheap labor,"  Mica
     said in a statement.

          Critics  of Mica's bill, such as  the  Washington-based
     American Immigration Lawyers Association (AILA), claim  that
     the  bill's "provisions are overreaching and would  prohibit
     legitimate and necessary uses of the L-1 visa."

          "If Congress unnecessarily limits the legitimate use of
     the L visa program, both foreign investment in the U.S.  and
     the work of international companies based in the U.S.  would
     be impeded, with the consequence that American jobs will  be
     lost  instead of protected," according to a newsletter  sent
     out by the AILA this week.

          Johnson's office declined to comment on the criticism.

          "The  end game is to see that these visa laws are  used
     in  the spirit they were created," said Schubert,  Johnson's
     press secretary.

          http://www.eweek.com/article2/0,3959,1132310,00.asp


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