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U.S. Sen. Chuck Grassley Talks About H-1B Reform
Sen. Grassley says he would support an increase in the number of H-1B and L-1 visas granted each year "if and only if the loopholes in the programs are fixed."

By Marianne Kolbasuk McGee
InformationWeek
Jul 3, 2007 10:00 AM


The U.S. Senate's now defunct efforts to overhaul immigration with a comprehensive reform bill included many proposals, including provisions to crack down on employers that allegedly abuse the popular H-1B and L-1 programs, the temporary visas most commonly used to bring foreign-born IT pros to work in the U.S.
Sen. Chuck Grassley (R-Iowa) is the chief architect, along with his colleague Sen. Richard Durbin (D-Ill.), in that proposed H-1B and L-1 anti-fraud and anti-abuse legislation.

InformationWeek recently interviewed Grassley via E-mail on the subject of H-1B and L-1 reform.

InformationWeek: Now that the Senate's comprehensive immigration reform bill is dead, will you continue to push for H-1B and L-1 reforms as stand-alone legislation this year? If so, will that push continue with the Durbin-Grassley bill, or with something else?

Grassley: There were several positive provisions in the immigration reform bill, including several from legislation that Sen. Durbin and I introduced earlier this year. There's no question that a comprehensive bill would make it easier to get our reforms passed, but we'll continue to work in the meantime to end the fraud and abuse in the H-1B and L visa programs.

InformationWeek: Various bills in Congress are aiming to raise the H-1B cap. Would you support a compromise bill that raised the cap while adding new anti-fraud, anti-abuse provisions? And if so, which particular anti-fraud, anti-abuse provisions do you feel most strongly about needing to pass?

Grassley: I support an increase in legal immigration as long as we have the need in our country, but I need to be convinced that the number of H-1B and L-1 visas we're giving out are indeed necessary for our businesses. Simply raising the numerical cap is not true reform, as some would suggest. I would support an increase if and only if the loopholes in the programs are fixed.

InformationWeek: There's been speculation that pro-H-1B lobbyists will try to get the cap raised via an appropriations bill. Would you be opposed to that?

Grassley: I would have to see what was actually put in the bill before I could say if I would be inclined to vote for it. Again, simply raising the cap isn't the answer. Worker protections and more oversight authority are also needed.

InformationWeek: The recent YouTube video showing a law firm's officials giving advice to others on how to avoid hiring American IT workers seems to have greatly angered you. Why? Have you or Rep. Lamar Smith (R-Texas) received any replies yet from the U.S. Department of Labor or from the law firm regarding the letters you sent them requesting follow-up on the matter? Has the law firm complied with the your request for providing an H-1B client list or any other information he requested?

Grassley: I have not yet received a response from the law firm. The Department of Labor has indicated that they are looking into the video. The law firm may or may not be breaking the law, but they are certainly breaking the spirit of the law. The law firm and the clients it represents are saying to heck with the American worker. My response is companies had better get their heart in America or get their rear ends out.

InformationWeek: How widespread do you think abuses in the H-1B and L-1 programs are? For instance, are the abuses mostly by foreign-owned firms (i.e. Indian outsourcing firms) or do you think American companies also have gone too far in their reliance on foreign-born tech talent?

Grassley: We're looking into these programs because we just don't know the extent of the abuse. I don't know if companies have gone too far, but it's evident that some are trying their best to find the loopholes. I do think that there is potential for the abuse to be wide-spread, by both foreign and domestic companies.

InformationWeek: Do you think lower-wages is the main driver for companies seeking to hire H-1B and L-1? What are the other key factors?

Grassley: Lower wages are obviously a main factor. But they may also be hiring foreign workers to get around protections afforded to Americans.

InformationWeek: Anything else you plan to do in the pursuit of H-1B and L-1 abuses, or would like to comment on regarding these topics?

Grassley: Since we started looking into the programs, a number of individuals have come forward with their concerns or first-hand experiences. We'll take this day by day, but we won't stop until we're satisfied that Americans are getting a fair shake at jobs in this country."

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