One of the critical moments in the debate over Gang of Eight amnesty legislation in the Judiciary Committee last week was a deal struck by Sen. Chuck Schumer (D-NY) and Sen. Orrin Hatch (R-UT) to “reform” the H-1B visa program in order to gain Hatch’s support for the bill. \u00a0Senator Hatch, who has authored several bills to expand the H-1B guest worker program, made it clear that these changes were necessary to gain his vote for the bill.<\/p>\n
The Hatch-Schumer deal eliminates the few protections for American workers written into the bill, making it easier for employers to discriminate against skilled American workers. (Hatch-Schumer 2nd Degree<\/a>) Specifically, the Hatch-Schumer Amendment:<\/p>\n At the same time, the Senate Judiciary Committee rejected four amendments to the Hatch-Schumer deal offered by Ranking Member Chuck Grassley (R-IA). Senator Grassley’s amendments would have restored protections eliminated by the Hatch-Schumer amendment for American workers in several ways. First, the committee rejected an amendment that would require all employers to make a good faith effort to recruit U.S. workers and offer jobs to equally or better qualified U.S. workers. (Grassley 2nd Degree #1<\/a>) Second, the committee voted down a provision to prevent employers from displacing U.S. workers, particularly women, when hiring H-1B workers. (Grassley 2nd Degree #2<\/a>) Next, the committee voted against an amendment that would have eliminated the granting of unlimited green cards to foreign graduates with advanced STEM degrees if fewer Americans obtain advanced STEM degrees than when the bill is enacted. (Grassley 2nd Degree #3<\/a>) Finally, the committee denied an amendment that would require all employers to pay Level 2 (mean) wages for H-1B workers. (Grassley 2nd Degree #4<\/a>)<\/p>\n While the Hatch-Schumer deal may have won over the Utah Republican’s vote, it has drawn the ire of labor unions, casting doubt on whether they will continue supporting the amnesty bill. “[L]et’s be clear: Senator Orrin Hatch’s H-1B amendments are unambiguous attacks on American workers,” charged AFL-CIO President Richard Trumka. (AFL-CIO Press Release<\/a>, May 21, 2013) “Hatch’s amendments change the bill so that high tech companies could functionally bring in H-1B visa holders without first making the jobs available to American workers. Hatch’s amendments would mean that American corporations could fire American workers in order to bring in H-1B visa holders at lower wages.” (Id.<\/em>) “If the hard work of America’s tech workers is ever to pay off, we need to craft policy that benefits the people who actually write code, rather than just rewarding industry honchos who write checks to politicians,” Trumka continued. (Id.<\/em>) We expect better, we deserve better, and if necessary, on the floor of the U.S. Senate, we will get better,” he concluded. (Id.<\/em>)<\/p>\n \n