[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Page E7]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PROTECTING AMERICAN WORKERS ACT OF 1997

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. CONYERS. Mr. Speaker, the Protecting American Workers Act of 1997 
will reform the current temporary employment immigration H-1B program 
and eliminate abuses by employers which hurt American workers. A recent 
audit by the Department of Labor's inspector general found that the 
programs which allow entry to thousands of temporary and permanent 
foreign workers fail to adequately protect the jobs, wages, and working 
condition of U.S. workers.
  For far too long, employment based immigration has been used to 
displace American workers, instead of filling temporary employment 
shortages. My legislation will permit the Department of Labor to 
administer an employment based immigration program that serves the 
temporary needs of employers while at the same time protecting the 
American worker.
  The bill will amend the H-1B skilled temporary visa program as 
follows:

       No-Layoff provision to the H-1B program (Section 2(a)(2))--
     Under this section of the bill an employer will have to 
     attest that an American worker was not laid off or otherwise 
     displaced and replaced with H-1B nonimmigrant foreign workers 
     within 6-months prior to filing or 90 days following the 
     application and within 90 days before or after the filing of 
     a petition based on that application.
       Requirement to Recruit in the U.S. Labor Market (Section 
     2(a)(3)--Each petitioning employer will have to attest that 
     it had attempted to recruit a U.S. worker, offering at least 
     100 percent of the actual wage or 100 percent of the 
     prevailing wage, whichever is greater, paid by the employer 
     for such workers, as well as the same benefits and additional 
     compensation provided to similarly-employed workers by the 
     employer.
       Special rules for Dependent employers (Section 2(b))--A 
     petitioning employer who is dependent on H-1B workers (4 or 
     more H-1B employees in a workforce of less than 41 workers or 
     at least 10 percent of employees if at least 41 workers):
       a. would have to take ``timely, significant, and effective 
     steps'' to recruit and retain sufficient U.S. workers to 
     remove as quickly as reasonably possible the dependence on H-
     1B foreign workers.
       b. would be required to pay an annual fee (based on the H-
     1B's annual compensation) in order to employ an H-1B worker--
     5% in the first year; 7.5% in the second, and 10% in the 
     third. Fees will be paid into private industry--specific 
     funds that would use the money solely to finance training or 
     education programs for U.S. workers to reduce the industry's 
     dependency on foreign workers.
       Increased penalties (Section 2(c)--Penalties are increased 
     for false H-1B employer attestations.
       Job contractors obligations (Section 2(a)(5))--Petitioning 
     employers who are job contractors (as defined by the 
     Department of Labor), would be required to make the same 
     attestations as would the direct employers.
       Peirod of admission reduced (Section 2(d)(2))--The maximum 
     stay under an H-1B visa is reduced to 3 years, instead of the 
     existing 6 years.
       Residence abroad requirement (Section 2(e))--H-1B workers 
     required to have a residence abroad that they have no 
     intention of abandoning.

  For many years the hardworking American worker has been forced to 
compete with underpriced foreign workers. The current H-1B program 
allows this unfair competition to occur even on our own soil. I urge 
the expeditious adoption of this measure during the 105th Congress.

                          ____________________