April 5,
2006
Dear
Senator,
The
pending immigration legislation before
you, whether it is the Judiciary
Committee bill or the Frist substitute,
deserves to be defeated and we urge your
vote against either package in their
present form.
The
focus of our opposition is the massive
expansion of the H-1B guest worker visa
program contained in both proposals.
If either
were to pass with your support, highly
skilled, highly educated U.S.
professionals would continue to lose
their jobs, be foreclosed from finding
employment opportunities right here in
the U.S. while wages and working
conditions in key white collar
occupations would continue deteriorate
under the crushing weight of an army of
lower wage, easily exploitable foreign
guest workers.
We
view this legislation before you as
globalization in the extreme.
At a time
when the offshore outsourcing of tens of
thousands of white collar jobs continues
apace—jobs that proponents of free trade
promised would be America’s future
employment opportunities—this
legislation would go to the extreme of
walling off hundreds of thousands of
professional jobs for American workers
right here in our own domestic economy.
Worse, it will continue to exacerbate
job flight overseas by bringing in
foreign workers to train them in the
latest technologies and giving them the
core competencies to then take back with
them to their home country along with
even more U.S. jobs.
Among the
most egregious provisions before you are
those contained in the Judiciary
Committee (Specter) bill. For example
this legislation:
-
Mandates a retroactive increase to
195,000 from the current 65,000 H-1B
visa cap (exclusive of existing
exemptions) for the years of
2004-2006, in effect allowing for a
one time visa grab by employers of
nearly 400,000 visas!
-
Increases the 65,000 visa cap to
115,000—a 60% hike!
-
Requires an automatic 20% annual
hike in the new cap whenever the
visas are exhausted, thus
establishing a new annual cap for
each successive year. This in effect
rips the lid off of any meaningful
annual visa limitation.
-
Adds
still another open-ended exemption
from the cap for any foreign
national that has an advanced degree
in science, technology, engineering
or math from anywhere on the planet.
At least the previous exemption
authored by the committee restricted
such visas to foreign graduates of
U.S. institutions and limited it to
20,000 annually.
Taken
together, within one year over 600,000
new foreign professionals could flood
the U.S. market, the result of which
would be to inflict serious economic
harm on the best and brightest of our
American workers.
When H-1B
was created, Congress intended for it to
be strictly limited in number and
duration sufficient to ameliorate the
consequences of short term, spot labor
shortages. Since existing statutory
“worker protections” are laughable and
agency enforcement inept, this bill
completes the metamorphosis of H-1B into
a long term, out of control aberration
that does little else than to wreak
economic havoc on our professionals
while indenturing workers from abroad
who seek real economic opportunity.
We are
appalled by the fact that you are being
asked to rush to judgment on two competing
proposals with such far ranging changes in
U.S. immigration law and attendant adverse
economic consequences for American workers
without so much as a minute of public
hearings on the matter. No witnesses were
called, no expert testimony was heard, no
impact analysis was done and no
consideration of the many H-1B reforms that
we and other organizations have submitted in
the past to the Committee and others that
have been recommended by government
oversight reports were given so much as a
passing glance.
But the
“Great American Jobs Giveaway” doesn’t begin
and end with these H-1B provisions. Through
changes in the student visa program, our own
sons and daughters will be out of luck when
in comes to coveted training and job
prospects.
Student visas
were originally intended to allow foreign
students to come to the U.S for one
purpose—education. Changes proposed would
put tens of thousands of foreign students in
direct competition with our own
undergraduate and graduate students for full
and part time job opportunities. For our
own, many U.S. students need those jobs to
pay their way through school, to help pay
off thousands of dollars in education loans
and in many situations to gain the skills
and experience necessary for a successful
career. The challenges confronting them
should not be made more onerous because of
changes in the student visa program.
The new F-4
visa for those pursuing an advanced degree
in math, engineering, technology and
physical sciences coupled with the impact of
H-1B will in fact work in tandem to
discourage American students from pursuing
an education in these so-called shortage
disciplines. Simply stated, their job
opportunities will be limited both before
and after graduation and their wage
prospects diminished by foreign workers who,
studies have shown, are paid far less than
the prevailing rate. The end result will be
ironically more—not fewer—labor shortages in
key occupations.
In light of
the serious substantive deficiencies in the
pending constructs, the 22 national unions
of the DPE urge you to reject any expansion
in the aforementioned visa programs. No
action should be taken particularly on H-1B
until Congress has first fixed the problems
that plague it, put into place real worker
protections, limited it to a true temporary
program and determined—in the context of
current labor market conditions—what the
appropriate numerical parameters should be.
From Bracero
to the H-1B debacle, guest worker programs
have a sordid and tainted history. Such
programs represent the worst kind of free
market intervention that cost workers their
jobs depress their wages and indenture
foreign workers. The U.S. Senate should not
repeat the mistakes of the past. We urge you
to vote “NO”.
Thank you for
your consideration of our views.
Sincerely,
Paul E.
Almeida
President
Unions Affiliated with the Department for
Professional Employees, AFL-CIO
Actors’
Equity Association, American Federation of
Government Employees, American Federation of
Musicians, American Federation of School
Administrators, American Federation of
State, County and Municipal Employees,
American Federation of Teachers, American
Federation of Television and Radio Artists,
American Guild of Musical Artists,
Communications Workers of America (including
The Newspaper Guild, National Association of
Broadcast Employees and Technicians,
International Union of Electrical Workers),
Federation of Professional Athletes,
International Association of Fire Fighters,
International Association of Machinists &
Aerospace Workers, International Alliance of
Theatrical and Stage Employees,
International Brotherhood of Electrical
Workers, International Federation of
Professional and Technical Engineers, Office
and Professional Employees International
Union, Plate Printers, Die Stampers and
Engravers Union of N. America, Screen Actors
Guild, Seafarers International Union, United
American Nurses, United Steelworkers of
America, Writers Guild of America, East