Employment & Immigration News

Subcommittee Reproves Administration for Failure to Adopt Worker Protection Rules at H1B Hearing. (5/26/00) The House Immigration Subcommittee held a hearing on May 25 on the Clinton administration's failure to adopt the American worker protection regulations required under the 1998 H1B bill. Subcommittee Chairman Smith said that the delay is appalling and insulting to American workers.

House Judiciary Committee Approves H1B Visa Bill. (5/17/00) The House Judiciary Committee approved HR 4227, an H1B visa bill sponsored by Rep. Lamar Smith, by a vote of 18 to 11 on Wednesday afternoon, May 17.

Clinton Administration Makes H1B Proposal. (5/13/00) Clinton aide Gene Sperling wrote a letter to Rep. Henry Hyde on Thursday, May 11, to convey a proposal regarding H1B visas, and other immigration issues. The proposal would set the annual limit on H1B visas at 200,000 per year for 2001, 2002, and 2003. It would also greatly increase H1B fees, with proceeds going federal education programs. See, Sperling letter.

Markup of Smith H1B Visa Bill Delayed: House Could Consider Dreier-Lofgren Bill. (5/10/00) The House Judiciary Committee adjourned without completing its markup of HR 4227, Rep. Smith's H1B visa bill, for lack of a quorum, on Wednesday morning, May 10. Supporters of a rival bill sponsored by Rep. Dreier and Rep. Lofgren argue that a lack of support for the bill led the the lack of a quorum.

House Judiciary Committee Begins Markup of Smith H1B Bill. (5/9/00) The House Judiciary Committee began markup of HR 4227, Rep. Smith's H1B visa bill, on May 9. The Committee approved a major amendment offered by Reps. Smith, Lee, and Goodlatte. The markup will continue on May 10. See, HR 4227 IH and Smith Amendment.

House Immigration Subcommittee Approves H1B Visa Bill. (4/12/00) The House Immigration Subcommittee approved HR 4227, Rep. Lamar Smith's H1B visa bill, by a voice vote on Wednesday afternoon, April 12. The bill would relieve the shortage of high tech workers by removing the cap on H1B visas for three years. The subcommittee adopted one amendment, which pertains only to physical therapists receiving H1B visas.

Rep. Smith Introduces New H1B Visa Bill. (4/11/00) Rep. Lamar Smith introduced another H1B visa bill on Tuesday, April 11. His original bill, introduced on March 1, would have temporarily increased the cap on H1B visas by 45,000. His latest bill removes the cap for three years. It is scheduled to be marked up on April 12. See, HR 4227 IH.

Bipartisan H1B Bill Introduced in House. (3/15/00) A bipartisan group of Representatives introduced yet another bill to address the shortage of high tech workers. The HI-TECH Act, introduced by Rep. Lofgren and Rep. Dreier increases the annual cap on H1B visas to 200,000 for FY 2001, 2002, and 2003, and addresses science and technology education. See, HI-TECH Act.

Lamar Smith Introduces H1B Visa Bill. (3/1/00) Rep. Lamar Smith introduced an H1B visa bill that would provide a one year increase of 45,000 visas, increase anti-fraud efforts, provide for fast track issuance of some visas, increase education funding, and redirect all such funding to merit based scholarships in high tech disciplines. See, Technology Worker Temporary Relief Act.

Field Hearing in San Jose Examines INS Delays. (2/28/00) Bay area Members of Congress held a field hearing in San Jose, California, on Friday, February 25, on delays and other problems at the Immigration and Naturalization Service.

H1B Bill Introduced in Senate. (2/13/00) Yet another bill has been introduced in the Congress to alleviate the shortage of high tech workers. This bill, sponsored by Senators Hatch, Abraham, Gramm, and others, would temporarily increase the annual cap on H1B visas to 195,000. See, S 2045 IS.

Bills Introduced to Exempt Home Offices from OSHA Regulation. (1/31/00) Several bills have been filed in the House that would exempt home offices from OSHA regulation. OSHA recently issued, and then withdrew, an advisory opinion that employers are responsible for complying with the OSH Act for their home employees.

Jeffress Says Home Offices Are Not Covered by OSH Act. (1/27/00) Assistant Secretary of Labor for Occupational Safety and Health submitted a statement to the House Education and Workforce Committee's Subcommittee on Oversight and Investigations on January 26 in which he stated that "OSHA will not hold employers liable for work activities in employees' home offices." See, Jeffress Statement.

Labor Secretary Herman Withdraws OSHA Plan. (1/6/00) U.S. Secretary of Labor Alexis Herman stated that OSHA is withdrawing is advisory opinion requiring the application of OSHA workplace rules to home teleworkers. She also called for a "national dialogue" on the subject. See, Statement of Sec. Herman.

OSHA Plan to Regulate Teleworkers Criticized. (1/6/00) OSHA's advisory opinion asserting that OSHA workplace safety regulations apply to the homes of teleworkers encountered immediate and intense opposition from Republicans in the House of Representatives, as well as teleworkers, their employers, high tech companies, and advocates for reducing traffic congestion.

OSHA Advisory Opinion Covers Teleworkers. (1/5/00) OSHA issued an advisory opinion which requires employers to treat the homes of employees who telecommute as "workplaces", and bring them into compliance with OSHA regulations. See, Advisory Opinion.

Sen. McCain Proposes Large Scale Expansion of H1B Program. (8/22/99) Sen. John McCain, while on a Presidential campaign swing through California, stated that he supports a "large-scale expansion of the H1-B program". There are several bills pending in the Congress that would increase the annual cap on H1B visas, and/or create a new visa class for aliens receiving high tech degrees from U.S. universities. Sen. McCain also proposed more funding for training math and science teachers, and making permanent the three year moratorium on new Internet taxes. See, speech to the Commonwealth Club.

House Immigration Subcommittee Examines H1B Visas. (8/8/99) The House Immigration Subcommittee held a hearing on Thursday afternoon, August 5, on H1B visas. The Immigration and Naturalization Service recently announced that the annual quota for 1999 for these temporary visas, which are used by skilled high tech workers, has been filled.

Rep. Lofgren Introduces Tech Visa Bill. (8/5/99) Rep. Zoe Lofgren introduced a bill in the House on August 3 that is designed to relieve the shortage of skilled professionals for high-tech companies. The "BRAIN Act" would create a new visa category for students who obtain a degree in math, science, engineering, or computer science from an American University and have a binding offer for a job paying at least $60,000 per year. See, HR 2687 IH, the BRAIN Act.

Sen. Gramm Introduces Bill to Increase H1B Visa Cap. (8/4/99) Sen. Phil Gramm introduced S 1440, the New Workers for Economic Growth Act, on July 27. The bill would increase the annual cap on H1B visas to 200,000 for the years 2000, 2001, and 2002. It would also eliminate the reduction in Social Security benefits now imposed on individuals aged 65 through 69 who continue to work and whose earnings exceed $15,500 annually. See, S 1440 IS.

ITAA Files Amicus Brief in Microsoft Temps Case. (6/4/99) The Information Technology Association of America and other high tech industry groups filed a friend of the court brief on June 2 in the Microsoft temporary workers case. They support Microsoft's request for an en banc rehearing of the May 12 "dual employer" decision. See also, May 12 Opinion and ITAA Brief.

Sen. Gramm to Introduce Bill to Raise H1B Visa Cap. (6/3/99) Sen. Phil Gramm announced at an event at Texas Instruments in Dallas that he will introduce legislation to increase the annual cap on H-1B visas. Late last year Congress temporarily increased the annual cap on these visas which enable high-tech U.S. companies to hire highly skilled foreign nationals. However, the INS is on track to fill the 1999 quota sometime this month.

Rep. Smith Urges INS To Fight H-1B Visa Fraud. (5/28/99) Rep. Lamar Smith, the Chairman of the House Immigration and Claims Subcommittee wrote INS Commissioner Doris Meissner on May 26 about H-1B visas being obtained fraudulently, thereby disadvantaging employers who use these visas legitimately. Late last year Congress expanded the annual cap on H-1B visas because of a shortage of high-tech professionals in the computer industry.

House Immigration Subcommittee Holds Hearing on H1B Visa Fraud. (5/6/99) The House Immigration Subcommittee held a hearing on Wednesday morning, May 5, on non-immigrant visa fraud, including fraudulent applications for H1B visas. Congress expanded the annual cap on H1B visas last year because of a shortage of high-tech professionals in the computer industry.

Internet and Tech Bills Become Law. (10/22/98) The Senate passed the massive Omnibus Appropriations Bill on Wednesday morning, October 21. The House approved it late on Tuesday. This bill is the vehicle for passage of the Internet Tax Freedom Act (ITFA), Child Online Protection Act (COPA or CDA II), Children's Online Privacy Protection Act, Government Paperwork Elimination Act (digital signatures), and H1B visa bill. The President signed it on Wednesday.

H1B Bill To Be Included In Omnibus Appropriations Bill. (October 13, 1998, 8:00 PM) The Senate is likely to pass the H1B visa bill by attaching it to the Omnibus appropriations bill to be voted on by the Senate on Wednesday, according to Sen. Abraham. The House passed the bill last month. The bill had been held up in the Senate since last week by Sen. Harkin.

House Passes H1B Visa Bill. (8:00 PM, 9/24/98) The U.S. House of Representatives passed S 3736, the "Workforce Improvement and Protection Act," late today by a vote of 288 to 133. The Senate passed its version on May 18. Both bills would increase the cap on the number of highly skilled foreign workers admitted into the United States under the H1B visa program.

Gov. Wilson Tells Clinton to Sign H1B Bill. (8/26/98)  California Governor Pete Wilson wrote a letter to President Clinton on Monday to urge that he stop threatening "to veto the latest Congressional legislation (HR 3736) to increase the cap on the number of highly skilled-foreign workers admitted into the United States under the H-1B temporary visa program." See, HTML copy of letter.

H1B Visa Bill Held Up By Clinton's Veto Threat. (8/12/98) The H1B bill to increase the annual cap on temporary visas for foreign born high tech workers has stalled in the Congress because President Clinton threatens to veto the bill. The current annual limit of 65,000 was exhausted as of May 8.

Congressional Leaders Reach H1-B Visa Agreement. (7/25/98) House and Senate leaders have reached an agreement regarding a compromise H1-B visa bill, according to Rep. Lamar Smith, Chairman of the House Immigration Subcommittee. No compromise bill has been released.

H1B Bills Advance in Congress. (5/21/98) The American Competitiveness Act (S 1723) passed the Senate by a 78-20 vote on Monday, while the House version of the bill (HR 3736) passed the House Judiciary Committee by a 24-7 vote on Wednesday.  The House bill includes protections for American workers, which are favored by the Labor Department and Clinton, but which are not included in the Senate bill.

Lutheran Church Wins Appeal Against FCC. (4/16/98) The U.S. Court of Appeals for the D.C. Circuit held unconstitutional the FCC's Equal Employment Opportunity program requirements in Lutheran Church-Missouri Synod v. FCC. The decision reversing and remanding the case to the FCC was released on April 14. The FCC and Department of Justice have not yet announced whether they will ask the Supreme Court to review the decision.

Senate Committee Approves Amended H1B Bill. (4/2/98) The Senate Judiciary Committee today approved a substitute version of S 1723, Sen. Abraham's H1B bill, by a vote of 14 to 6. The Committee first rejected S 1878, an alternative bill offered by Sen. Kennedy and Sen. Feinstein. S 1723 will likely be taken up by the Senate soon after it returns from its Spring recess. These bills address the shortage of high tech workers.

Comparison of H1B Bills. (3/30/98)  The two "H1B bills" pending in the Senate Judiciary Committee are vastly different. The Abraham bill (S 1723) is designed to relieve the shortage of high tech professionals in the computer industry. The Kennedy/Feinstein bill (S 1878) creates a three year increase in the annual H1B visa limit, but decreases the length of these visas from six to three years, and creates a vast array of new Labor Department fees, red tape, and regulatory authority.

Temporary H1-B Visa Bill Introduced. (3/27/98) Sen. Ted Kennedy (D-MA) and Sen. Diane Feinstein (D-CA) introduced a bill today that would briefly increase the annual cap on H1-B visas. The bill pertains to the shortage of skilled professionals in high tech computer fields.

GAO Debates High Tech Labor Shortage. (3/25/98) In a report written for House Democratic Reps. John Dingell and George Brown on March 20, the General Accounting Office questioned a recent Commerce Department report that there is a shortage of information technology workers. Release of this GAO report comes just before the Senate's likely consideration of S 1723, a bill which addresses the IT worker shortage.

Abraham Bill to Address High Tech Labor Shortage. (3/6/98) Sen. Spencer Abraham (R-MI) just introduced "The American Competitiveness Act" to address the shortage of skilled professionals in high tech computer fields. S 1723 would increase the cap on H1-B visas, reform the rules governing the granting of visas to foreign citizens, and create scholarships to study math, engineering, and computer science.

Senate Holds Hearings on H1-B Visas. (2/25/98) Senate Judiciary Committee heard testimony today in a packed hearing room on the current annual cap of 65,000 on the number of temporary visas allowed for highly skilled foreign born professionals.  In 1997 the cap was reached for the first time in history.  It may be reached by May of this year. High tech companies desperate for skilled computer professionals are clamoring for reform.