Thread: SKIL bill S.1083 to increase H1B visas introduced in Senate

S.1083
Title: A bill to amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.

Sponsor: Sen Cornyn, John [TX] (introduced 4/10/2007) Cosponsors (4)
Latest Major Action: 4/10/2007 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.


SUMMARY:

***NONE***
MAJOR ACTIONS:

***NONE***

ALL ACTIONS:

4/10/2007:
Introductory remarks on measure. (CR S4310-4311)
4/10/2007:
Read twice and referred to the Committee on the Judiciary.

TITLE(S): (italics indicate a title for a portion of a bill)

***NONE***

COSPONSORS(4), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)


Sen Allard, Wayne [CO] - 4/10/2007
Sen Bennett, Robert F. [UT] - 4/10/2007
Sen Hutchison, Kay Bailey [TX] - 4/10/2007
Sen Lott, Trent [MS] - 4/10/2007

COMMITTEE(S):

Committee/Subcommittee: Activity:
Senate Judiciary Referral, In Committee

RELATED BILL DETAILS:

***NONE***

AMENDMENT(S):

***NONE***

*******************************

S 1083 IS

110th CONGRESS

1st Session

S. 1083

To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 10, 2007

Mr. CORNYN (for himself, Mr. BENNETT, Mr. LOTT, Mr. ALLARD, and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Securing Knowledge, Innovation, and Leadership Act of 2007' or the `SKIL Act of 2007'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS

Sec. 101. H-1B visa holders.

Sec. 102. Market-based visa limits.

TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES

Sec. 201. United States educated immigrants.

Sec. 202. Immigrant visa backlog reduction.

Sec. 203. Student visa reform.

Sec. 204. L-1 visa holders subject to visa backlog.

Sec. 205. Retaining workers subject to green card backlog.

TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM

Sec. 301. Streamlining the adjudication process for established employers.

Sec. 302. Providing premium processing of employment-based visa petitions.

Sec. 303. Eliminating procedural delays in labor certification process.

TITLE IV--MISCELLANEOUS

Sec. 401. Completion of background and security checks.

Sec. 402. Visa revalidation.

Sec. 403. Severability.

TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS

SEC. 101. H-1B VISA HOLDERS.

(a) In General- Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended--

(1) in subparagraph (B)--

(A) by striking `nonprofit research' and inserting `nonprofit';

(B) by inserting `Federal, State, or local' before `governmental'; and

(C) by striking `or' at the end;

(2) in subparagraph (C)--

(A) by striking `a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))),' and inserting `an institution of higher education in a foreign country,'; and

(B) by striking the period at the end and inserting a semicolon;

(3) by adding at the end, the following new subparagraphs:

`(D) has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or

`(E) has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'.

(b) Applicability- The amendments made by subsection (a) shall apply to any petition or visa application pending on the date of enactment of this Act and any petition or visa application filed on or after such date.

SEC. 102. MARKET-BASED VISA LIMITS.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--

(1) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)'; and

(B) in subparagraph (A)--

(i) in clause (vi) by striking `and';

(ii) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, 2006, and 2007;'; and

(iii) by adding after clause (vii) the following:

`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of the Securing Knowledge, Innovation, and Leadership Act of 2007; and

`(ix) the number calculated under paragraph (9) in each fiscal year after the fiscal year described in clause (viii); or';

(2) in paragraph (5), as amended by section 101(a), in the matter preceding subparagraph (A), by inserting `101(a)(15)(H)(i)(b1) or section' after `under section';

(3) in paragraph (, by striking subparagraphs (B)(iv) and (D);

(4) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and

(5) by inserting after paragraph ( the following:

`(9) If the numerical limitation in paragraph (1)(A)--

`(A) is reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the previous fiscal year; or

`(B) is not reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the previous fiscal year.'.

TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES

SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(F) Aliens who have earned a master's or higher degree from an accredited United States university.

`(G) Aliens who have been awarded medical specialty certification based on post-doctoral training and experience in the United States preceding their application for an immigrant visa under section 203(b).

`(H) Aliens who will perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) as lacking sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers.

`(I) Aliens who have earned a master's degree or higher in science, technology, engineering, or math and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b).

`(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who have received a national interest waiver under section 203(b)(2)(B).

`(K) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

(b) Labor Certifications- Section 212(a)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

(1) in subclause (I), by striking `or' at the end;

(2) in subclause (II), by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following:

`(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'.

SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION.

Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

`(d) Worldwide Level of Employment-Based Immigrants- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

`(1) 290,000;

`(2) the difference between--

`(A) the maximum number of visas authorized to be issued under this subsection during the previous fiscal year; and

`(B) the number of such visas issued during the previous fiscal year; and

`(3) the difference between--

`(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during such fiscal years; and

`(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.'.

SEC. 203. STUDENT VISA REFORM.

(a) In General- Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:

`(F) an alien--

`(i) who--

`(I) is a bona fide student qualified to pursue a full course of study in mathematics, engineering, technology, or the sciences leading to a bachelors or graduate degree and who seeks to enter the United States for the purpose of pursuing such a course of study consistent with section 214(m) at an institution of higher education (as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; or

`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;

`(ii) who--

`(I) has a residence in a foreign country which the alien has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; or

`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;

`(iii) who is the spouse or minor child of an alien described in clause (i) or (ii) if accompanying or following to join such an alien; or

`(iv) who--

`(I) is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) or (ii) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico; or

`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;'.

(b) Admission- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by inserting `(F)(i),' before `(L) or (V)'.

(c) Conforming Amendment- Section 214(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(m)(1)) is amended, in the matter preceding subparagraph (A), by striking `(i) or (iii)' and inserting `(i), (ii), or (iv)'.

SEC. 204. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following new subparagraph:

`(G) The limitations contained in subparagraph (D) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(L) on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for labor certification (if such certification is required for the alien to obtain status under such section 203(b)) has been filed, if 365 days or more have elapsed since such filing. The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under this subparagraph until such time as a final decision is made on the alien's lawful permanent residence.'.

SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

(a) Adjustment of Status-

(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:

`(a) Eligibility-

`(1) IN GENERAL- The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

`(A) the alien makes an application for such adjustment;

`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

`(C) an immigrant visa is immediately available to the alien at the time the application is filed.

`(2) SUPPLEMENTAL FEE- An application under paragraph (1) that is based on a petition approved or approvable under subparagraph (E) or (F) of section 204(a)(1) may be filed without regard to the limitation set forth in paragraph (1)(C) if a supplemental fee of $500 is paid by the principal alien at the time the application is filed. A supplemental fee may not be required for any dependent alien accompanying or following to join the principal alien.

`(3) VISA AVAILABILITY- An application for adjustment filed under this paragraph may not be approved until such time as an immigrant visa become available.'.

(b) Use of Fees- Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting before the period at the end `and the fees collected under section 245(a)(2).'.

TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM

SEC. 301. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.

Section 214(c) of the Immigration and Nationality Act (8. U.S.C. 1184) is amended by adding at the end the following new paragraph:

`(15) Not later than 180 days after the date of the enactment of the Securing Knowledge, Innovation, and Leadership Act of 2007, the Secretary of Homeland Security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section 203(b). Such precertification procedure shall enable an employer to avoid repeatedly submitting documentation that is common to multiple petitions and establish through a single filing criteria relating to the employer and the offered employment opportunity.'.

SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.

(a) In General- Pursuant to section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security shall establish and collect a fee for premium processing of employment-based immigrant petitions.

(b) Appeals- Pursuant to such section 286(u), the Secretary of Homeland Security shall establish and collect a fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition.

SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

(a) Prevailing Wage Rate-

(1) REQUIREMENT TO PROVIDE- The Secretary of Labor shall provide prevailing wage determinations to employers seeking a labor certification for aliens pursuant to part 656 of title 20, Code of Federal Regulation (or any successor regulation). The Secretary may not delegate this function to any agency of a State.

(2) SCHEDULE FOR DETERMINATION- Except as provided in paragraph (3), the Secretary of Labor shall provide a response to an employer's request for a prevailing wage determination in no more than 20 calendar days from the date of receipt of such request. If the Secretary fails to reply during such 20-day period, then the wage proposed by the employer shall be the valid prevailing wage rate.

(3) USE OF SURVEYS- The Secretary of Labor shall accept an alternative wage survey provided by the employer unless the Secretary determines that the wage component of the Occupational Employment Statistics Survey is more accurate for the occupation in the labor market area.

(b) Placement of Job Order- The Secretary of Labor shall maintain a website with links to the official website of each workforce agency of a State, and such official website shall contain instructions on the filing of a job order in order to satisfy the job order requirements of section 656.17(e)(1) of title 20, Code of Federal Regulation (or any successor regulation).

(c) Technical Corrections- The Secretary of Labor shall establish a process by which employers seeking certification under section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as amended by section 201(b), may make technical corrections to applications in order to avoid requiring employers to conduct additional recruitment to correct an initial technical error. A technical error shall include any error that would not have a material effect on the validity of the employer's recruitment of able, willing, and qualified United States workers.

(d) Administrative Appeals- Motions to reconsider, and administrative appeals of, a denial of a permanent labor certification application, shall be decided by the Secretary of Labor not later than 60 days after the date of the filing of such motion or such appeal.

(e) Applications Under Previous System- Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall process and issue decisions on all applications for permanent alien labor certification that were filed prior to March 28, 2005.

(f) Effective Date- The provisions of this section shall take effect 90 days after the date of enactment of this Act, regardless of whether the Secretary of Labor has amended the regulations at part 656 of title 20, Code of Federal Regulation to implement such changes.

TITLE IV--MISCELLANEOUS

SEC. 401. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following new subsection:

`(i) Requirement for Background Checks- Notwithstanding any other provision of law, until appropriate background and security checks, as determined by the Secretary of Homeland Security, have been completed, and the information provided to and assessed by the official with jurisdiction to grant or issue the benefit or documentation, on an in camera basis as may be necessary with respect to classified, law enforcement, or other information that cannot be disclosed publicly, the Secretary of Homeland Security, the Attorney General, or any court may not--

`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;

`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or

`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.

`(j) Requirement To Resolve Fraud Allegations- Notwithstanding any other provision of law, until any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act has been investigated and resolved, the Secretary of Homeland Security and the Attorney General may not be required to--

`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;

`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or

`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.

`(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts.'.

SEC. 402. VISA REVALIDATION.

(a) In General- Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following:

`(i) Visa Revalidation- The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph E, H, I, L, O, or P of section 101(a)(15) to apply for a renewal of such visa within the United States if--

`(1) such visa expired during the 12-month period ending on the date of such application;

`(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; and

`(3) the alien has complied with the immigration laws and regulations of the United States.'.

(b) Conforming Amendment- Section 222(h) of such Act is amended, in the matter preceding subparagraph (1), by inserting `and except as provided under subsection (i),' after `Act'.

SEC. 403. SEVERABILITY.

If any provision of this Act, any amendment by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the applications of such to any other person or circumstance shall not be affected by such holding.

END

Folks, this is very serious.

They're not only attempting to put through massive AMNESTY/OPEN BORDERS bill, they're ALSO going to try passing bits and pieces while we're not looking.

This one has to be ripped apart out here in the public!

"Here is the Immigration and Nationality Act" I thought maybe it would help to try and figure out what they are trying to do here besides raising visa quota's. (link at the bottom)

To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.

I looked up the bill in the legislature and can't find anything on the "other purposes" but don't like the sound of it.

I did find something interesting if anyone want to read it INA act 103 (10)

(10) 1/ 9/ In the event the Attorney General determines that an actual or imminent mass influx of aliens arriving off the coast of the United States, or near a land border, presents urgent circumstances requiring an immediate Federal response, the Attorney General may authorize any State or local law enforcement officer, with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving, to perform or exercise any of the powers, privileges, or duties conferred or imposed by this Act or regulations issued thereunder upon officers or employees of the Service

.

Now I would say we have an imminet mass influx of illegals crossing our border. Interesting because everyone keeps saying this is a ferderal matter and looks to me like all Alberto G has to do is give the states and local law enforcement with the concent of the head of such department permission to act to protect us and enforce our immigration laws.

What do you think? am I reading it wrong??

The rest of this is extremely tough but I'll keep seeing if I can figure out what they are up to. I'm sure its not good and is another sneeky two faced act.

Here's the link to INA

http://www.uscis.gov/propub/ProPubVAP.j ... 6ea9f7c64d

This is S1083 being introduced to the Senate by Sen. Cornyn


S . 1083 . A bill to amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes; to the Committee on the Judiciary.


Mr. CORNYN. Mr. President, today I am reintroducing legislation from last Congress--the Securing Knowledge, Innovation, and Leadership Act of 2007 or the ``SKIL Act of 2007''. In the past two years, there has been so much focus by this Congress and this Administration on restoring America's competitive advantage. The President has proposed the America's Competitiveness Initiative. Last Congress, I was proud to cosponsor the Protecting America's Competitive Edge bills and the American Innovation and Competitiveness Act of 2006. In the 110th Congress, I have cosponsored along with 44 other Senators the America COMPETES Act. This is a bipartisan legislative response to recommendations contained in the National Academies' ``Rising Above the Gathering Storm'' report and the Council on Competitiveness' ``Innovate America'' report.

The one thing we have learned through the process of retaining America's competitiveness is that everyone has to do their part to keep our country's economy strong and viable. Currently, we are working very hard on comprehensive immigration reform and I am pleased to be a part of that process. However, our country, right now, is losing its competitive edge in the global market. Why? Because our immigration policies prohibit us from retaining some of the ``best and brightest'' students currently graduating from U.S. colleges and universities--especially those with advanced degrees in science and technology. We also continue to lose highly qualified and highly skilled workers to foreign competitors because of our failed immigration system.

Recently Microsoft Chairman Bill Gates made it clear the dire situation we are faced with today in terms of high-skilled labor shortages:

``For generations, America has prospered largely by attracting the world's best and brightest to study, live, and work in the United States. Our success at attracting the greatest talent has helped us become a global innovation leader, enriched our culture, and created economic opportunities for all Americans.

Unfortunately, America's immigration policies are driving away the world's best and brightest precisely when we need them most ..... Moreover, the terrible shortfall in our visa supply for the highly skilled stems not from security concerns, but from visa policies that have not been updated in over a decade and a half. We live in a

[Page: S4311] GPO's PDFdifferent economy now. Simply put: It makes no sense to tell well-trained, highly skilled individuals--many of whom are educated at our top colleges and universities--that the United States does not welcome or value them. For too many foreign students and professionals, however, our immigration policies send precisely this message.
This should be deeply troubling to us, both in human terms and in terms of our own economic self-interest. America will find it infinitely more difficult to maintain its technological leadership if it shuts out the very people who are most able to help us compete. Other nations are recognizing and benefiting from this situation. They are crafting their immigration policies to attract highly talented students and professionals who would otherwise study, live, and work here. Our lost opportunities are their gains.''

The U.S. Department of Labor projects that between 2002 and 2012 there will be 2 million U.S. job openings in the fields of computer science, mathematics, engineering and the physical sciences. The SKIL bill would retain foreign students educated in the U.S. to ensure continued competition in the global market.

As I have stated before, a critical part of America's economy is our ability to innovate but our current immigration policies are threatening future growth. U.S. Citizenship and Immigration Service's recent announcement that the 2008 cap for H-1B workers was met in one day makes clear that we urgently need to reform our policies for highly-skilled workers in the scientific and technology fields. Because the U.S. has already met the cap for H-1B visas, foreign students graduating from our universities this spring are virtually shut out of the U.S. job market. This situation is unprecedented. If we don't act, America's technology companies will be harmed and our economy will suffer. The SKIL bill will allow the U.S. to remain competitive in this global economy.

The SKIL bill promotes competitiveness and allows the U.S. to remain competitive in this global economy. While I encourage and intend to be a part of the continued dialogue on overall immigration reform, I urge my colleagues to act quickly on this issue.

http://thomas.loc.gov/cgi-bin/query/D?r ... 110rpfh0X::

4/10/2007:
Read twice and referred to the Committee on the Judiciary.

This bill is another attempt to raise H1B visa's, we should focus on the members of the Judiciary committee and try to stop this bill there.

They never stop amazing me at their attempts to try to pass something under a new pretense, as if it changes the out come of the impact on the citizens of the United States.


I've been listening to the Alberto G. hearings , they are tearing apart!!

Originally Posted by SOSADFORUS

This is S1083 being introduced to the Senate by Sen. Cornyn




Recently Microsoft Chairman Bill Gates made it clear the dire situation we are faced with today in terms of high-skilled labor shortages:


http://thomas.loc.gov/cgi-bin/query/D?r ... 110rpfh0X::

SOMEONE SHOULD REMIND MR. GATES...IT WASN'T SO LONG AGO HE UNEMPLOYED 5,000 PEOPLE .......

I'll find a better analysis, but here is what stands out for me upon first glance:

Makes it easier for body shops to file massive batch applications:

`(15) Not later than 180 days after the date of the enactment of the Securing Knowledge, Innovation, and Leadership Act of 2007, the Secretary of Homeland Security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section 203(b). Such precertification procedure shall enable an employer to avoid repeatedly submitting documentation that is common to multiple petitions and establish through a single filing criteria relating to the employer and the offered employment opportunity.'.

They can pay whatever they want:

(2) SCHEDULE FOR DETERMINATION- Except as provided in paragraph (3), the Secretary of Labor shall provide a response to an employer's request for a prevailing wage determination in no more than 20 calendar days from the date of receipt of such request. If the Secretary fails to reply during such 20-day period, then the wage proposed by the employer shall be the valid prevailing wage rate.

(3) USE OF SURVEYS- The Secretary of Labor shall accept an alternative wage survey provided by the employer unless the Secretary determines that the wage component of the Occupational Employment Statistics Survey is more accurate for the occupation in the labor market area.

The worker can stay as long as they want:

`(i) Visa Revalidation- The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph E, H, I, L, O, or P of section 101(a)(15) to apply for a renewal of such visa within the United States if--

`(1) such visa expired during the 12-month period ending on the date of such application;

`(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa;


If the companies use up the year's quota, they raise the quota:

`(A) is reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the previous fiscal year; or

Here's some news on this topic:

http://www.informationweek.com/news/sho ... =199101925

Electronics Industry Backs More H-1B Visas
The industry group heralds the benefits of the revised SKIL bill and its potential impact on employment visa reform.

By K.C. Jones
InformationWeek
April 19, 2007 02:58 PM


The Electronic Industries Alliance said Thursday it is backing a U.S. congressional resurgence in H-1B and employment visa reform.
The EIA issues a statement that it is backing U.S. Rep. John Shadegg, (R-Ariz.), in an attempt to raise visa caps. Shadegg introduced his bill a day earlier. U.S. Sen. John Cornyn, (R-Texas), introduced a matching bill last week. The alliance described the legislation as "crucial" for U.S. information and communications technology companies, which rely on foreign professionals.

"American companies need more hands and more minds to succeed in the global marketplace," Storme Street, EIA's vice president of government relations, said in a prepared statement. "These visa programs have a proven track record of enabling businesses to innovate, contribute to the economy and, ultimately, create more U.S. jobs."

The "Securing Knowledge Innovation and Leadership," or SKIL bill would raise the limits on H-1B visas from 65,000 to 115,000 and allow for an increase of 20 percent after the cap is reached. It provides an exemption for professionals with master's or higher degrees from U.S. universities and those with certification in medical specialties. It would apply the 20,000 cap exemption to those with a master's degree or higher from foreign institutions, not just those in the United States.

The legislation would raise the ceiling on employment-based visas from 140,000 to 290,000 allow U.S. companies to "recapture" and carry forward unused visas from 2001 to 2005, the EIA noted. It would exempt several groups from the employment-based cap, including those with advanced science, technology, engineering or math degrees who have worked in the U.S. for three years. It would exempt people in "shortage occupations" identified by the Secretary of Labor, as well as children and spouses of professionals holding employment-based visas.

The EIA said the SKIL bill would also help the U.S. IT industry by extending employment for professionals in training, eliminating the need for H-1B visas in many cases. The bill also creates a new visa category (F-1) for students of science, technology, engineering and math, streamline the petitioning process for compliant visiting professionals, and allow domestic renewal.

EIA is also backing U.S. Sen. Chuck Hagel, R-Neb., who introduced a bill to make more visas available this year. Hagel introduced the bill last week when the United States reached its 65,000 limit on the same day the H-1B visa program opened.

Looks like there is several bills out there trying to raise the cap on H1B visa's, we better start finding them.

In addition to Kate's and Betsy's analysis of the SKIL Bill, I just wanted to offer a few of my own as well. These shouldn't be considered definitive, authoritative nor final - just a few notes on some obvious points that I could find in my scanning through over a couple hours:

It's a real give-away and sell-out to big business. Smaller business stand to suffer from it. And, then we could talk about the effect on native high-tech workers already here in the US... any of the SKIL bill sponsors even thought of those people? (doubt it).

Cornyn, Hutchison, Lott, Allard, and Bennett need to hear what you think about this (they will from me... )


Here's what I can extract from the SKIL Bill:


>> This language change makes it possible for ANY non-profit to bring in H1B's - including: small consulting firms, the Red Cross, non-profit associations, trade groups, etc., - not just 'nonprofit research' organizations as before.

>> Many of the changes apply (retroactively) to those ALREADY 'in the pipeline' of processing!

>> Up-front rise to 115,000 visas in first FY of implementation (FY200

>>If the [H1b] limit is NOT reached in a given year, then the current limit stays the same (!) This is a problem because IF a 'market [supply/demand] model is assumed, and the demand substantially decreases, then one would logically think the number of H1Bs allowed should decrease substantially as well ... But, this ensures a guaranteed 'floor' that will never decrease!

>> Again, let's bring attention to the past problems experienced by the DoL in the certification process, the dissemination of labor market conditions, verification/validation of employer-provided data and results, lack of robust auditing to validate data etc. - it's an invitation for even greater problems. Makes changes to certification process, without any revision or auditing of the current process to fix what is wrong in present system - first!

>> It sounds as though people that have graduated from a school (with a major in the listed areas) can 'stay and take a job' (possibly even illegally, without formal permission) and still be allowed to 'slide into' the H1B path so long as they do it within 3 yeas of graduating or something similar
(this needs more research however)

>> Near automatic admission of spouse and young children along with H1B worker too. (Can they petition for extended family to join later, and how much later?)

>> (This could just be housekeeping in defining terms, etc. - but...) I am skeptical that all this verbiage is even introduced because it might be a back-door method to increase the effective cap without identifying particular and discrete numerical limits - but, instead is done through indirect and purely language-based methods.

(I don't know if this is presently allowed in current law or not...): 2 yr 'practical training is allowed for recent foreign graduates so long as they work in a field 'related to' the subject of study. (And who determines what is 'related', and how strongly the 'relation' must be?)

>> What happens if person chooses to work past the 2yr limit, but does not pursue change of status?

>> NOTE!!! - *Special* provision for Canadians and Mexicans who don't study full-time and who might 'commute' (ok, what does that mean???) to study here in the US. (who does that include? who does that exclude?)

>> In the case of long visa processing times - additional provision to allow a longer stay in the event of lengthy processing times (under certain circumstances)

>> Makes an attempt to further increase the ability of large employers (well, filers of H1Bs) to have an even faster turnaround to do the same or even more applications. How does this affect small companies in acquiring talent (they would be at a distinct disadvantage)?
Who lobbied for this? - Tata, Infosys, etc. - Indian Outsourcing companies???

>> Gives large employers with a lot of financial resources a distinct advantage over smaller firms that don't have the large $$$ resources. Why should large companies be able to 'buy' themselves an advantage in influencing the mechanations of processing???

"(3) USE OF SURVEYS- The Secretary of Labor shall accept an alternative wage survey provided by the employer unless the Secretary determines that the wage component of the Occupational Employment Statistics Survey is more accurate for the occupation in the labor market area."
>> Note!!! - The employer can tell the DoL what the prevailing wage rate for an area and occupation is??? (Gee, you don't suppose there might be a tendency to underestimate the actual figure(s), and/or lie about this do you???)

"(b) Placement of Job Order- The Secretary of Labor shall maintain a website with links to the official website of each workforce agency of a State, and such official website shall contain instructions on the filing of a job order in order to satisfy the job order requirements of section 656.17(e)(1) of title 20, Code of Federal Regulation (or any successor regulation)."
>> Will this be widely available to the public (as to allow US workers to inspect and apply for these jobs first) Will the details of such a list be widely publicized?

"(c) Technical Corrections- The Secretary of Labor shall establish a process by which employers seeking certification under section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as amended by section 201(b), may make technical corrections to applications in order to avoid requiring employers to conduct additional recruitment to correct an initial technical error. A technical error shall include any error that would not have a material effect on the validity of the employer's recruitment of able, willing, and qualified United States workers."
>> ARRRRRGGGH!!! What?!?!?! - Read it again folks - it's giving filers of H1Bs the loophole that they can 'revise' their applications under the guise of technical revision as to exclude the consideration of US workers - specifically!

>> Finally - there is no mention of what happens to an H1B holder that does not comply with the mandated process. If they CHOOSE to continue working here - against all laws and provisions of their existing immigration status - who will find, punish, and remove them from the US????
I want an answer to this one - directly!!!