Senators say “Americans First!” when it comes to tech jobs

Posted by Jim Stroud

April 6, 2007

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Two U.S. senators have proposed legislation that would toughen the H-1B visa program — especially its enforcement provisions — while also attempting to give U.S. workers first crack at technology job openings.

The bill, called the H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007, was introduced in Congress last Thursday by Sens. Dick Durbin (D-Ill.)Ã‚Â and Chuck Grassley (R-Iowa),Ã‚Â who announced the filing on Monday. As part of the announcement, the two lawmakers said the measure would authorize the U.S. Department of Labor to hire 200 additional employees “to administer, oversee, investigate, and enforce the H-1B program.”

It also would enable the DOL to conduct random audits of employers that use H-1B visas and give the agency more power to investigate H-1B applications. Currently, the DOL can investigate applications only for “completeness and obvious inaccuracies.” Durbin and Grassley said their legislation would give the DOL authority to check applications for “clear indicators of fraud or misrepresentation of material fact” and double the review period from seven days to 14.

In addition, the measure would require companies to advertise job openings for 30 days on the DOL’s Web site before submitting applications to hire H-1B workers. And the DOL would be required to post on its site summaries of all the H-1B applications it receives.

The bill also includes a variety of other provisions, including one that would prohibit employers from hiring H-1B workers and then outsourcing them to other businesses and another that would require companies to pay prevailing wages to both H-1B and L-1 visa holders.

READ: H-1B bill give U.S. workers first shot at tech jobs.