After reading Mr. Matloff's proposals (found here: http://heather.cs.ucdavis.edu/Summary.pdf) to reform the H-1B program (the L program is included but not focused on) it seems that the proposals merely change the H program but still leave it wide open to the types of abuses Mr. Matloff's letters describe. It doesn't take an immigration attorney to see all the loopholes employers could take advantage of if they wanted to. I do like the green card in three years idea. The faster the better in my mind. And although the "pack up and leave" in 15 days idea seems a bit heartless H visa holders are supposed to leave when their visa is up anyway. The proposals are meant to deal with low wages, long hours and the displacement of American workers. The low wages and long hours issue is really an enforcement issue as I've said before. It also may require an updating of the prevailing wage system. But none of the problems with the prevailing wage system are solved by Mr. Matloff's proposals as they still require enforcement and still leave the same loopholes currently present in the system. To protect American workers one of Mr. Matloff's proposals is that the employer be required to advertise for 30 days on the DOL webpage, and if within those 30 days the employer doesn't hire an American worker during that time they are free to hire the H-1B visa holder. What would happen if the employer needs to hire 100 people and only one American responds to the DOL advertising? Mr. Matloff wants to reduce bureaucracy in the system but it appears that his proposals merely create new and different layers of bureaucracy. As an observation, Mr. Matloff still proposes bringing foreign geniuses here but wants to restrict people in H eligible positions. I still see this as a classist argument rather than a valid one. I'm sure there must be out of work American geniuses just like there are out of work regular people. Additionally, Mr. Matloff's cites appear to only focus on the tech industry, which by his own admission only make up half of H-1B visas. While his proposals may or may not overly burden the tech industry that appears rampant with abuse and fraud, they may hurt the various other industries that employ H-1B visa holders. I still think that it's interesting that people that are making 50K+ a year are being called indentured servants when the true indentured servants (the H-2B visa holders in the agricultural industry) who make $15/day and have a life expectancy reduced to 49 years due to pesticides don't receive the same level of advocacy. Perhaps it's because, as pro-immigration people like to say, and anti-immigration people like to deny, there really are jobs out there Americans won't take.
Justin G. Randolph
Carpenter & Capt, Chtd.
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