While one has to applaud congressional concern over the H-1B program, one also has to express exasperation at Congress.
An example of the latter comes from Sen. Ruben Gallego (D-Ariz.). The senator wrote the Trump administration a letter expressing concern over H-1B. So far so good.
But the senator says in his letter that “we must ensure such programs are not used to undercut or replace U.S. employees.”
Say what?
When Congress makes it explicitly legal to replace Americans with H-1B workers, Congress has to expect that employers will replace Americans with H-1B workers. Congress designed the H-1B program to replace Americans with cheap, foreign workers. The adverse effects of the H-1B program that we are seeing are exactly what Congress intended when it created H-1B.
Some of the questions in the Senator’s letter are troubling.
4. How will you ensure companies make good faith efforts to fulfill all H-1B requirements, including those requiring prioritization of U.S. workers over H-1B employees?
No such requirement effectively exists. Congress enacted a sham requirement that basically applies to no one and is designed to be unenforceable.
5. The press release announcing Project Firewall states the Secretary of Labor will personally certify the initiation of investigations. How will you ensure this personal certification requirement does not needlessly add red tape, enable corruption or pay-to-play, or hamper the visa program’s overall objectives?
Congress created the requirement that the Secretary of Labor personally certify investigations. Congress was trying to make sure such investigations did not happen.
I appreciate Sen. Gallego’s concern but, if he wants to see an end to Americans being replaced by H-1B workers, Congress needs to put an end to the H-1B visa program.