CNN Interview with Donna Conroy, Director
Cook County Urges H1-B Reform
One of the largest county governments in the nation voted on Tuesday to open the H-1B visa-hiring program to US citizens and legal residents – in opposition to 13 governors who earlier this week urged Congress to expand the program, without ever requiring employers to seek local talent for top-dollar, white-collar jobs. more...
::: BFJ In Print :::
NYT:"Court Orders Three H1-B Sites Disabled," Dec. 29, 2009 The routine intimidation of Indian tech workers has now been directed at American tech workers who wouldn't snitch on an Indian tech worker, threatening all Americans' free speech on the Internet.
New Jersey and Free Speech: "The action has labor rights activists, free speech activists, and even some beneficiaries of the H1-B visa program united in voicing opposition to the court decision," according to an editorial in the Oakland Journal, a local New Jersey paper.
Businessweek:"Jobs and Protectionism in the Stimulus Package," February 16, 2009 Critics of the H-1B program hailed the inclusion of the amendment as a victory. "The demand to reform corporate recruiting policies that ignore highly skilled local talent now moves center stage," says Donna Conroy, director of Brightfuturejobs.com, a lobbying group for visa reform.
Businessweek: "H-1b Visa Season is Here", March 31, 2009: On Mar. 31, Bright Future Jobs, a U.S. tech worker lobbying group, posted on its Web site 13 advertisements for jobs in which the employer designated a preference for H-1B visa workers or targeted them specifically for the positions, according to the Web site.
Businessweek:"H-1B Visa Law: Trying Again", April 24.2009: U.S. tech worker advocates praised these and other provisions in the bill. "We're thrilled that Senators Durbin and Grassley are requiring employers to seek local talent first," says Donna Conroy, executive director of Bright Future Jobs, a lobbying group for U.S. tech workers. "They recognize that American IT professionals have the talent, knowhow, and experience to push America's economic recovery into high gear."
Businessweek: "An Academic's Labor Helps Fight H-1B Visas," June 28, 2009
Anti-H-1B activists say they're worried less about academic research and more about shaping policy. "The thing that's missing in Norm Matloff's strategy is fighting for a seat at the table," says Donna Conroy, executive director of Bright Future Jobs, a lobbying group that advocates restricting the H-1B visa program. "We need a political movement that allows us to help craft legislation. All the numbers [Matloff] crunches won't have nearly the impact as American technical professionals standing up for themselves."
CIO MAGAZINE: "H-1b Reform Bill Could Complicate Offshore Outsourcing,"
Many rank-and-file IT professionals laud the legislation. "The Durbin bill will put a stop to the outsourcing of American jobs and the discrimination against American IT professionals," says Donna Conroy, a former IT professional and director of Bright Future Jobs, a grassroots lobbying group for American IT workers. "This bill was written for us."
Durbin Press Release on H-1B Reform Bill (S. 887)
Durbin Bill Will Prohibit the Placement of Visa Staff on a Client's Site
[WASHINGTON, D.C., April 23, 2009] – Assistant Senate Majority Leader Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) today introduced the H-1B and L-1 Visa Reform Act – narrowly-tailored bipartisan legislation that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.
“The H-1B visa program should complement the U.S. workforce, not replace it,” Durbin said. “Congress created the H-1B visa program so an employer could hire a foreign guest-worker when a qualified American worker could not be found.
However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs. Our bill will put a stop to the outsourcing of American jobs and discrimination against American workers.”
The Durbin-Grassley bill would mend the H-1B visa program, not end it, making reasonable reforms while not reducing the number of H-1B visas that are available. Congress intended H-1B visas to benefit the American economy by allowing U.S. employers to import high-skilled and specialized guest-workers when no qualified American workers are available. While initially successful, loopholes in the program have allowed foreign guest-workers to displace qualified American workers.
Some claim that the H-1B program helps to create American jobs, but it is currently being used by some companies to outsource American jobs to foreign countries. Under current law, an outsourcing company can use American workers to train H-1B guest-workers, fire the American workers and outsource the H-1B workers to a foreign country where they will do the same job for a much lower wage. In fact, Indian Commerce Minister Kamal Nath has referred to the H-1B as “the outsourcing visa.”
Employers can legally discriminate against qualified Americans by firing them without cause and recruiting only H-1B guest-workers to replace them. The U.S. Department of Labor (DOL) has said: “H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of a foreign worker.” Some companies that discriminate against American workers are so brazen that their job advertisements say “H-1B visa holders only.” And some companies in the United States have workforces that consist almost entirely of H-1B guest-workers.
To address these problems, the Durbin-Grassley bill would, among other things:
Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers.
Prohibit the blatantly discriminatory practice of “H-1B only” ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50% of their employees are H-1B and L-1 visa holders.
Under current law, it is very difficult for the federal government to monitor the H-1B and L-1 visa programs. For example, the Department of Labor (DOL) is only authorized to review applications for “completeness and obvious inaccuracies.” DOL does not have the authority to open an investigation of an employer suspected of abusing the H-1B program unless it receives a formal complaint – even if the employer’s application is clearly fraudulent. Even if there is a complaint, the Labor Secretary must personally authorize the opening of an investigation. DOL’s Inspector General has concluded that the H-1B program is “highly susceptible to fraud.”
To address potential fraud, the Durbin-Grassley bill would give the government more authority to conduct employer investigations and streamline the investigative process. For example, the bill would:
Permit DOL to initiate investigations without a complaint and without the Labor Secretary’s personal authorization;
Authorize DOL to review H-1B applications for fraud;
Allow DOL to conduct random audits of any company that uses the H-1B program;
Require DOL to conduct annual audits of companies who employ large numbers of H-1B workers.
The L-1 visa program allows companies to transfer certain employees from their foreign facilities to their U.S. offices for up to seven years. Experts have concluded that some employers use the L-1 program to evade restrictions on the H-1B program because the L-1 program does not have an annual cap and does not include even the minimal labor protections of the H-1B program. As a result, efforts to reform the H-1B program are unlikely to be successful if the L-1 program is not overhauled at the same time. The Durbin-Grassley bill would institute a number of reforms to the L-1 visa program, including establishing for the first time a process to investigate, audit and penalize L-1 visa abuses.
Durbin and Grassley introduced a similar bill last Congress.
