Thread: Info on H-1B visa's you need to know!

The House Judiciary had a hearing on Tuesday about enforcement of H-1B
regulations. I haven't yet read the testimony but there seemed to be at
least some attempt at balance. John Miano of the Programmer's Guild
testified.

You can check out the details here:

http://judiciary.house.gov/oversight.aspx?ID=247
6/21/2006 - Hostettler Subcommittee to Examine Labor Department Enforcement
of H-1B Visa Protections

Much hubris is being made of the fact that the GAO testified that the DOL
needs to do more enforcement of H-1B regulations. Before you get excited,
perhaps you should read this report and think about how much has been done
about this one (note the date):

http://www.oig.dol.gov/public/reports/o ... 3-321s.htm
The Department of Labor's Foreign Labor Certification Programs: The System
is Broken and Needs to be Fixed, Audit Report, U.S. Department of Labor
Office of Inspector General, May 22, 1996


As I have said many times, the abysmal lack of enforcement of H-1B
regulations isn't the real problem - it's the abundance of loopholes that
allow employers to game the system that causes the problem. Even if the DOL
was empowered to enforce more it wouldn't make a dime's worth of difference
for U.S. workers. Most of the enforcement that the GAO is talking about is
to make sure that H-1Bs don't get underpaid according to prevailing
salaries. This excerpt from the GAO is talking about enforcing the law so
that H-1Bs are treated fairly, not U.S. citizens.

The GAO noted that from FY 2000 to FY 2005 the Wage and
Hour Division has increased H-1B back wage findings from
$1.2 million to $5.2 million. Robinson added, "These
enforcement statistics reflect the department's commitment
to effectively enforce the law for workers, given the
limitations in the current statute.

Of course I have published countless newsletters explaining how prevailing
wage salary levels can be gamed, and the Programmer's Guild website has
some excellent examples, but that doesn't stop the advocates of H-1B from
pretending that enforcing prevailing salaries will bring justice to the
H-1B program.


The GAO report will be discussed today on Lou Dobbs.

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

http://www.gao.gov/cgi-bin/getrpt?GAO-06-720

Highlights - http://www.gao.gov/highlights/d06720high.pdf

http://releases.usnewswire.com/GetRelease.asp?id=68067

Labor Department Urges Subcommittee to Adopt General Accounting Office
Recommendations on H-1B Labor Provisions

6/22/2006 4:21:00 PM


To: National Desk

Contact: Dolline Hatchett, 202-693-4650 or David James, 202-693-4676, both
of the U.S. Department of Labor Employment Standards Administration

WASHINGTON, June 22 /U.S. Newswire/ -- A U.S. Department of Labor official
testifying today before the House Committee on the Judiciary, Subcommittee
on Immigration, Border Security and Claims, highlighted the department's
strong enforcement record despite limited enforcement authority under the
Immigration and Nationality Act's H-1B visa program.

The H-1B program, which is limited to 65,000 visas per year, permits
employers to temporarily hire skilled non-immigrants to fill specialized
jobs in the United States, such as jobs in the technology and science
fields. The department's Employment and Training Administration administers
the application process and the Wage and Hour Division of the department's
Employment Standards Administration enforces the program.

Alfred B. Robinson, acting administrator of the Wage and Hour Division,
testifying on behalf of the department, urged the subcommittee to adopt two
General Accounting Office (GAO) report recommendations that would eliminate
current enforcement restrictions. "By adopting the GAO recommendations, the
Department of Labor will have the authority to use information from other
federal agencies as a basis for an investigation," said Robinson.

The GAO noted that from FY 2000 to FY 2005 the Wage and Hour Division has
increased H-1B back wage findings from $1.2 million to $5.2 million.
Robinson added, "These enforcement statistics reflect the department's
commitment to effectively enforce the law for workers, given the
limitations in the current statute.

"If Congress implements these recommendations, the result will be an
increase in H-1B enforcement, enhanced employer compliance with the program
and increased protection for both U.S. and legal foreign-born workers,"
said Robinson.

The department also urged Congress to consider additional statutory changes
to the existing legislation to provide greater flexibility in the use of
H-1B fraud fees. The suggested change would enable the Wage and Hour
Division to maintain its strong H- 1B anti-fraud enforcement and strengthen
overall enforcement activity to further combat fraud and protect American
workers.

---

U.S. Labor Department releases are accessible on the Internet at
http://www.dol.gov. The information in this news release will be made
available in alternate format upon request (large print, Braille, audio
tape or disc) from the COAST office. Specify which news release when
placing your request. Call 202-693-7765 or TTY 202-693-7755.

The whole immigration system is a mess. Not just illegal...