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An excerpt from MIGRATION NEWS
Vol. 5, No. 9, September 1998
by Philip Martin,
University of California,
Davis CA 95616
No H-1b Deal The H-1B compromise reached by Congressional Republican leaders in July 1998 was not considered by the US House of Representatives after the White House threatened to veto the compromise. The Senate approved a bill increasing the H-1B quota in May 1998, but it did not include the worker protection and training measures demanded by the White House. A spokesman for the National Economic Council said that the Clinton administration was "willing to raise the cap (on H-1B visas) to address the skills shortage as long as we couple that with some training for American workers and provisions to make sure the program is not abused." John Fraser, acting administrator of DOL's wage and hour division, said "There's no way to explain to people how it is that U.S. employers can reach out to India or Bangladesh or China or any other foreign country without even trying to find a US worker to fill the job. And there's absolutely no way to explain to people why a US employer can fire or lay off US workers and replace them with foreign workers. That's just ill-conceived public policy." An Intel vice president said that the probability of raising the H-1B quota in September has dropped below 50-50. However, in August, prominent California Democrats including Senator Barbara Boxer and Democratic gubernatorial nominee Lt. Gov. Gray Davis urged President Clinton to sign the Senate bill, which does not have the new worker protection standards. There may be less industry interest in a higher H-1B cap because of a slowdown in high-tech tied to the Asian economic crisis. The management consulting firm of Challenger, Gray & Christmas reported that the high-tech industry laid off 51,000 workers in July 1998, the largest number in five years. Employment in electronic components manufacturing, which includes semiconductors, peaked at 681,000 in March 1998 and fell 9,000 from that level by June. Under the compromise reached by Republican leaders, HR 3736, H-1B dependent employers--those whose work forces include 15 percent or more H-1B workers with less than a master's degree--must certify that they tried to recruit US workers and did not lay off US workers within the past 90 days to make room for the H-1B workers. Other US employers requesting H-1B workers would not have to make these certifications. The Clinton administration threatened to veto the compromise bill unless worker protections were strengthened to reduce the threshold from 15 to 10 percent, to permit US workers who think that they were laid off to make room for H-1Bs to recover lost wages if they can prove their case, and to require employers requesting H-1B workers to pay $500 for each application or $1,000 for each H-1B worker admitted, not the $250 for each application in the compromise. Economists associated with the Sloan Semiconductor Program at University of California/Berkeley reached the following conclusions: "To determine if there is currently a shortage of high-tech workers, we looked at their wage growth in the economy. If there is indeed a labor shortage, we would expect to see earnings of high-tech workers increase more rapidly than earnings of other workers. This did not happen. Although average earnings for engineers have increased over the last ten years, we find that the increased earnings for engineers have not been transmitted fully to the more experienced workers. In addition, we find that high-tech engineers and managers have experienced lower wage growth than their counterparts. This is strong evidence against the existence of a labor shortage." Since the H1-B program began in 1991, the Labor Department has received about 300 complaints. In 91 cases, investigators concluded that companies owed almost $2.3 million in back wages and assessed about $215,000 in penalties. "Job contractors" or "job shops" are the most frequent users and abusers of H1-B workers in high-tech fields. |
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