H-1B SKIL bill pits IT workers against IT execs
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The contentious SKIL bill â or Securing Knowledge, Innovation and Leadership Act of 2006 â is about to set off an old-fashioned donnybrook between immigration supporters and opponents before the lame-duck Congress fades into history.
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Three major technology trade groups today urged the U.S. Senate to resurrect an immigration reform bill that would expand a controversial skilled-worker visa program.
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The U.S. government is considering a substantial increase in the number of H-1B visas available to Indian professionals, Robert Blake, deputy chief of mission at the U.S. Embassy in Delhi reportedly told a meeting hosted by the Delhi-based Associated Chambers of Commerce and Industry of India
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An amendment offered to the contentious immigration bill now before the U.S. Senate would bar companies that lay off workers from using H-1B visas.
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The US Congress has passed a reforms Bill which exempts 20,000 foreign students, who pass out of universities in the country with Masters or Doctorate degrees, from the annual cap on 65,000 H-1B visas given to foreigners seeking work in America.
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(InfoWorld) - Three major technology trade groups urged the U.S. Senate on Friday to resurrect a wide-ranging immigration reform bill that would expand a controversial skilled-worker visa program. The Senate late Thursday failed to gain enough votes to close debate on the Comprehensive Immigration Reform Act and bring the bill to a floor vote. The bill, which critics said provided amnesty to illegal aliens living in the U.S., also would have expanded exemptions to the cap on high-skilled H-1B visa programs, a move supported by many tech vendors. [ Analysis:Â Immigration reform's high-tech impactÂ ] The bill would increase the annual H-1B cap from 65,000 to 115,000 and exempt foreign students who have earned a master's degree or higher from a U.S. university from the annual cap. Right now, 20,000 students are exempted from the cap. U.S. tech vendors don't want to lose those workers, especially because many of them have their education supported by U.S. tax dollars at public universities, said David LeDuc, director of public policy for the SIIA (Software & Information Industry Association). "We don't want to export our seed corn," he said. "We don't want [those students] leaving and working for our competitors." The bill also sets preferences based on merit, instead of family connections, for clearing multiyear backlogs for employment green cards, another provision supported by many tech groups. Tech vendors want to keep high-skilled workers in the U.S. under the long-term green card program but often face delays, LeDuc said. The SIIA, the Information Technology Association of America (ITAA) and the ITIÂ (Information Technology Industry Council) all urged the Senate to try again to pass the legislation. Negotiations on the bill will continue, and ITI is optimistic the bill will still move forward, said James Ratchford, communications director there. The fate of the bill should become clearer by early next week, he said. LeDuc agreed, saying SIIA is confident the bill can still pass. Many large tech vendors have in recent years urged Congress to expand the H-1B program. In March, Microsoft Chairman Bill Gates called for more H-1B visas during a visit to Washington, D.C. Gates said then he had "deep anxiety" about the ability of the U.S. to compete globally. SIIA's position is similar to Microsoft's. "Companies need to be able to hire the best and brightest workers regardless of where they're born," LeDuc said. The H-1B program isn't generating controversy during the congressional debate on the bill. Instead, provisions to allow illegal aliens to become permanent citizens have raised major concerns among many Republicans. But U.S.-based tech worker groups such as the Institute of Electrical and Electronics Engineers-USA have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive.
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(InfoWorld) - TheÂ U.S. congressman who chairs a House Judiciary subcommittee says Congress could pass an immigration reform bill by July, including lifting the limit on how many high-tech engineers can come to the U.S. for jobs. Representative Howard Berman, a Democrat from California, made the prediction while speaking at the first ever Tech Industry Summit in San Jose, California. "It could pass both houses by July, go to conference, and be on the president's desk by September," Berman said. Immigration reform deals largely with the 12 million illegal immigrants living and working in the U.S., but another provision of the bill affects technology companies in particular. Tech companies want the limit on H1-B visas raised to 115,000 per year, from 65,000, a limit that has already been reached for 2007. H1-B is the type of visa granted to skilled foreign workers in "specialty occupations," including IT, so that they can work in the U.S. "There is significant urgency on this issue," said Pamela Passman, vice president of global corporate affairs for Microsoft, also speaking at the summit. About half the students enrolled in engineering schools in the U.S. are foreign nationals who have to return to their home countries after earning their degrees, depriving U.S. companies of the chance to hire them,Â  Passman said. Republican President George W. Bush proposed a guest worker program for illegal immigrants, but opposition from within his own party kept the legislation from passing in 2006. Now, with Democrats in control of both houses of Congress and Democrats generally endorsing the guest worker program, passage is more likely, Berman said. Berman is chairman of the Judiciary Subcommittee on Intellectual Property, which will be considering patent reform legislation. Tech companies have long complained about people who buy up patents just to collect license fees, but many small inventors own patents and don't have the means to bring the patented products to market, so they license the patents to others. Reform is also expected to focus on the quality of patents granted. Tech groups have pushed for better funding for the U.S. Patent and Trademark Office and a post-patent review process as a way to challenge patents that may not be deserved. "I think determining validity and infringement could be settled more quickly in a nonfederal court system environment," said Berman. The Tech Policy Summit is expected to draw 300 people to Silicon Valley, including technology industry figures, organizers of technology lobbying groups in Washington, D.C., and lawmakers. Technology companies had not been active in lobbying the federal government 20 years ago but have been forced to get involved as Internet-related issues like privacy protection, cybersecurity, and intellectual property disputes have emerged, said Gary Fazzino, vice president of governmental affairs at Hewlett-Packard.
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IT managers who fret about employees using unauthorized software at work will have another tool to worry about, especially in industries where information management is heavily regulated, like health care and finance.
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Visiting Indian delegation gets earful from U.S. workers dislocated by outsourcing.
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(InfoWorld) - That explosive H-1B YouTube video offering advice on how to hire foreign workers instead of Americans has gotten the attention of U.S. Sen. Charles Grassley (R-Iowa) and Rep. Lamar Smith (R-Texas), who called it evidence of abuse of the visa program. Both men want a federal investigation and are seeking answers from the law firm that posted the original video on YouTube. In a letter to U.S. Department of Labor Secretary Elaine Chao, Grassley and Smith characterized the video as "exposing the blatant disregard for American workers and deliberate attempt to bring in cheaper foreign workers through the H-1B program." They also want the labor secretary to review the video and investigate "the law firm's unethical procedures and advice to clients." In the video, a person identified as Lawrence Lebowitz, an attorney at the firm Cohen & Grigsby PC in Pittsburgh, Penn., explains how U.S. companies can avoid hiring U.S. workers. "Our goal is clearly not to find a qualified and interested U.S. worker," said Lebowitz in the video. "And that, in a sense, sounds funny, but it's what we are trying to do here." Grassley and Smith also wrote Cohen & Grigsby, noting that "your firm's video advises employers how to hire only foreign labor, while making it nearly impossible for a qualified American worker to get the job.... While many companies insist that they are not participating in fraud, many are finding loopholes around government rules and regulations in order to bring in cheaper foreign workers. These loopholes lead to abuse that ultimately displace qualified Americans. The abuse is evident thanks to a video produced by your firm...." They also noted that the video "advises potential employers that they can fulfill" Labor Department hiring requirements "by advertising the position in places where they will not find the most qualified applicants. Your firm asserts that an employer can advertise in regional publications with limited circulation, while internally listing the job for a foreign worker. We would like you to please explain how this practice does not constitute outright discrimination based on nationality and why your firm so blatantly promotes this type of behavior." The law firm had taped a seminar on immigration law it held in May and then posted the video on YouTube, possibly for training purposes. The firm has not responded to repeated requests for comment this week. The two letters, dated today, were initially posted online at the University of California, Davis by Norman Matloff, a professor of computer science at the school and one of the longest-standing critics of the H-1B program. Matloff, in an e-mail said, "This 'YouTube-Gate' incident should be an eye opener for people in the press and in Congress who have been taking the industry lobbyists at face value all these years." The tape was brought to light by the Programmers Guild, a Summit, N.J.-based professional association after guild president Kim Berry said he was alerted to it by activists. He made a copy of an excerpt, added in some subtitles to annotate the tape, mixed in some music for dramatic effect, and posted the new version on YouTube. "My hope is that this proof on video will open some eyes to this sham," said Berry.
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Companies that lay off workers would be barred from using H-1B visas under an amendment to the Senate immigration reform bill proposed by two U.S. senators.
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By MICHAEL LIEDTKE  SAN FRANCISCO - Battling to keep her job, Hewlett-Packard Co.
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An immigration reform bill that includes a proposed hike in the annual cap on H-1B visas was the subject of a hearing in the U.S. House. But it's unlikely that the bill will become law this year.
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A controversial immigration bill suffers a setback in the US Senate, as a bipartisan deal threatens to unravel.
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Just when lawmakers thought a thorny tax dispute was behind them, the European Union raised objections to parts of the corporate tax bill that was passed last month.
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The feds turn up the heat on a corporate executive who went on the lam after being charged with paying hackers to take down the competition.
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U.S. senators are debating a controversial measure to exempt foreign student graduates from the cap on H-1B visas.