[Congressional Record Volume 164, Number 199 (Tuesday, December 18, 2018)]
[Senate]
[Pages S7782-S7783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                FAIRNESS IN HIGH-SKILLED IMMIGRANTS ACT

  Mr. GRASSLEY. Mr. President, I have asked to be notified before any 
unanimous consent agreement to process this bill because I oppose S. 
281, the Fairness in High-Skilled Immigrants Act. High-skilled 
immigrants are a benefit to the United States. We welcome those 
talented individuals from across the world who can supplement our own 
domestic labor workforce. In Iowa, we have seen the benefit of high-
skilled immigrant doctors, healthcare professionals, and medical 
specialists who serve our rural communities. These immigrants provide 
quality healthcare and immerse themselves in our communities. In turn, 
Iowans welcome them with open arms. I look forward to improving the 
integrity of our

[[Page S7783]]

H-1B program through regular order in a bipartisan manner. However, I 
have strong objections to S. 281 or the Fairness in High-Skilled 
Immigrants Act.
  This bill would eliminate the per country numerical limitation for 
employment-based immigrants and increase the per country numerical 
limitation for family-based immigrants from 7 percent to 15 percent of 
the total number of family-sponsored visas. It would also do nothing to 
improve serious problems in our H-1B visa program. In fact, it does not 
address any employer abuses, fraud, protections for American workers or 
protections for the H-1B workers themselves.
  Congress must deal with the visa backlog issue, but this bill is a 
bandaid over a bullet hole that I fear will lead to unintended 
consequences. First, eliminating the per country caps will not 
necessarily clear out the backlog. Inevitably, with tens of thousands 
of people waiting in line, a backlog will ensue from a processing 
standpoint regardless of whether or not there are per country caps. 
Second, this bill does not replace the per country caps with any sort 
of metric-based system or order. This is problematic at best. Of 
course, an immigrant's country of origin should not dictate their place 
in line for visas, but surely a clear corresponding domestic labor 
demand should.
  Members on both sides of the aisle have said they are committed to a 
merit-based immigration system. Certainly then, if we eliminate per 
country caps, we should have a merit-based system that prioritizes not 
based on country of origin, but on what jobs need to be filled and a 
showing that there are not enough Americans to fill that position. Some 
of my colleagues have proposed a points-based system. I believe this 
could be a good starting point. Ultimately, however, a replacement 
system for the per country limitations should be discussed and fully 
vetted through hearings and debate. I am willing to work with any 
Member, Democrat or Republican, including the proponents of this bill, 
to create a smarter and fairer system.
  President Trump and congressional Republicans promised the American 
people that we would address chain migration, but this bill does not do 
that. Instead, it more than doubles family-sponsored visas but does not 
limit this privilege to the nuclear family. Before we talk about 
expanding family-sponsored visas, we should right-size immigration in a 
manner that balances domestic economic demand with American values. 
Limiting family-sponsored visas to spouses, children, and elderly 
dependent parents seems both fair and prudent.
  Finally, this bill does not include overdue reforms to our H-1B visa 
program. This bill does not include any safeguards, such as requiring 
employers to recruit American workers prior to hiring an H-1B worker 
and increasing wages for H-1B workers. Too often we have seen employers 
undercut wages for U.S. workers by intentionally classifying H-1B 
workers at a lower wage level for the work they are performing. This 
bill also ignores harms that befall the H-1B workers, many of whom are 
underpaid, vulnerable to abuse, and frequently placed in poor working 
conditions. There is bipartisan agreement that we need to address the 
visa backlog and H-1B reform. I look forward to working with any of my 
colleagues on this effort in the next Congress.

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