As many political analysts know, the Gang of Eight’s immigration bill being discussed in the Senate would permit more highly skilled workers into the country on temporary visas called H-1B visas. These new provisions, however, come with a set of stipulations for employers who wish to hire these individuals. Upon examining the stipulations outlined in the bill, it seems clear that many will find the new rules and regulations problematic.
The Immigration Bill’s New Stipulations
Perhaps one of the most problematic stipulations in the new immigration bill is the requirement that any employer who wishes to hire a worker on an H-1B visa must advertise the position on an Internet website. This website will be under the jurisdiction of the Department of Labor. In addition to these things, the stipulation states that the employer must offer the position to every U.S. person who applies, given that they are equally or more qualified for the job than immigrants who submit applications. According to immigration attorney Ted Ruthizer, this stipulation may be a “poison pill” for businesses who wish to hire foreign workers who have the H-1B visa.
Ruthizer’s “Poison Pill” Logic
To understand Ruthizer’s “poison pill” logic, one must consider the provisions it makes for American workers who apply for jobs. If an American worker applies for a position that goes to a foreign worker who has the H-1B visa, the American worker can report the event to the Department of Labor. This gives the department an opportunity to do an audit of the company’s hiring process years later. Depending on what the auditors find out during the auditing process, the company could be subject to fines. Additionally, they could be precluded from using the visa process for several years. In commenting on these possibilities, Ruthizer noted that employers may conclude that they are not prepared to look through a stack of resumes and subsequently point out the deficiencies of US applicants that entailed the hire of a skilled worker with the H-1B visa. For example, he says, what if the company’s rationale for hiring the skilled worker resulted from their being more articulate or original in their expression of ideas. The government, he says, is not likely to accept this type of reasoning.
How The Immigration Bill Will Affect Companies
In discussing the job-posting stipulation and all that it might entail, the staffer of Sen. Dick Durbin stated that the measure is designed to make companies demonstrate that they couldn’t find a qualified U.S. candidate for the position, thereby resulting in the foreign worker attaining the job. At this point, companies who have a substantive number of H-1B workers are already conforming to this standard. Nevertheless, Sen. Durbin’s staffer stated that they have heard from many workers who were unaware that a position was even available until it had already been given to a foreign worker.
The Immigration Bill’s Controversial Element
The rising controversy regarding the immigration bill and the anxiety it can create amongst the government, businesses, and workers should not come as a surprise. After all, immigration remains a virulent topic to discuss within both political or personal circles. The controversial dimension of the current debate on the issue is made even more complex when one considers that many companies have been working hard to hire more foreign workers despite the fact that recent research demonstrates that there are already skilled American workers worthy of hire.
Economic Implications of Immigration
While the proclivity some companies have for hiring foreign workers over U.S. citizens may seem befuddling to many, economists understand the matter. In commenting on the issue, Adam Davidson noted that economists (irrespecive of political ideology) hold that immigrants benefit the economy, whether they work illegally or legally. Concurring with this view, economist Heidi Shierholz went on to argue that the income of American families increases slightly as a result of immigration.
If you are interested in learning about the sociocultural and economic implications of new stipulations in the immigration bill, you can consult with the Shulman Law Group for more information.
Image Credit: Zach Klein
