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PATERSON—U.S. Rep. Bill Pascrell, Jr. (D-NJ-08) today applauded a common sense provision in the American Recovery and Reinvestment Act which would limit companies that received funding from the Troubled Asset Relief Program (TARP) from hiring skilled foreign workers under the H-1B visa program. The legislation, which will create and save 3.5 million jobs, was signed by President Barack Obama this afternoon.
“It’s about time Congress placed tougher restrictions on the widely abused H-1B visa program,” stated Pascrell. “During this economic downturn Congress must be especially careful not to let the plight of America’s skilled workforce become an opportunity for corporations to exploit foreign workers. Limiting TARP recipients from abusing H-1B visas is a promising start. It highlights the visa program’s flaws and will encourage a broader reform effort in Congress. I am pleased by the action taken to stem H-1B abuse in the American Recovery and Reinvestment Act and will continue working with the Administration and my colleagues in Congress towards comprehensive H-1B reform."
Pascrell introduced the Defend the American Dream Act in 2005 to ensure greater protections and opportunities for domestic and foreign workers by strengthening federal enforcement of the H-1B visa program. The legislation has not yet been introduced in the current session of Congress.
Specifically, Pascrell’s Defend the American Dream Act would:
• Require that H-1B workers be paid the local prevailing or median wage for the occupational classification in the attended area of employment;
• Require all employers to actively recruit American workers before they can apply for H-1B visa workers;
• Require all employers who want to apply for H-1B visa workers to advertise a job availability for 30 days on the Department of Labor website;
• Centralize H-1B program administration and enforcement by making the Secretary of Labor responsible for investigations and authorizes the Secretary to conduct audits to determine the level of employer compliance with the H-1B program;
• Double civil penalties for employer noncompliance with H-1B program requirements;
• Strengthen whistleblower protections for those who report violations of H-1B program requirements.
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