Tech companies lose first round; Senate keeps protections for Americans seeking jobs on US soil

There's lots of confusion about the new H1-b provisions.  Not surprising since the secret--that companies can fill jobs on US soil without ever considering a qualified US worker--is still hidden. The new provisions currently fix this legal bypass.

So here's the Gang of Eight's H1-b provisions:

  1. all companies must post the job opening on the Department of Labor's website to allow Americans to apply.
  2. all companies must offer the job opening to any American whom meets or exceeds the job requirements.
  3. H1-b dependent companies must also make "good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least" what companies would pay H1-b visa holders.

This Wall Street Journal article explains behind the scenes fighting, but if you crave the details continue reading.

On May 14th, Hatch tried--and failed--to change #2. 

His H1-b amendment returned the power to most most companies to fill jobs on US soil without ever considering a qualified US worker.  His amendment required only H1-b dependent companies to offer the job to American whom meets or exceeds job requirements.


As far as we can tell, Grassley tried--and failed--to change #3.

His amendment required that all companies must also make "good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least" what companies would pay H1-b visa holders.

When the bill passes, the US government would be required to make sure that companies comply.  If the Department of Labor (DOL) receives a request for an H1-b, the DOL would be required to verify:

  1. the company posted a job opening on their site for 30 days.
  2. the company offered the job opening to any American whom meets or exceeds the job requirements.
  3. H1-b dependent companies took "good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least" what companies would pay H1-b visa holders.

These provisions will put Americans back to work and stop companies from filling jobs on US soil with foreign citizens.  Now do you understand why tech companies find these provisions a "poison pill"?


Be the first to comment

Please check your e-mail for a link to activate your account.