National Journal Technology Daily
May 5, 2000 PM Edition
Committee To Address Bill Eliminating H-1B Cap
The House Judiciary Committee is expected to take up a controversial
bill on Tuesday that would temporarily eliminate the cap on H-1B visas but
includes restrictions opposed by high-tech companies, which favor a
bipartisan competing bill.
The legislation, H.R. 4227, sponsored by Rep. Lamar Smith, R-TX,
would eliminate the cap on H-1B visas, which allow skilled foreign workers
to stay in the United States for up to six years, through 2002 and
includes several worker protection and anti-fraud provisions. The
provisions include language that would prevent companies, beginning in
2001, from using the additional visas provided by the bill unless
employers have increased the number of U.S. workers and their compensation
in the previous year. It also requires companies to pay H-1B holders at
least $40,000 a year, a measure aimed at ensuring the visas aren't used to
bring in cheaper foreign labor.
The measure moves closer to industry's position than the first bill,
H.R. 3814, Smith, chairman of the House Judiciary Committee's immigration
panel, introduced earlier this year. But business interests still oppose
H.R. 4227, approved last month by Smith's subcommittee, because of the
restrictions attached to the additional visas.
They prefer a bill, H.R. 3983, sponsored by Rules Committee Chairman
David Dreier, R-CA, that would increase the cap to 200,000 from 2000-2003
and has broad bipartisan support. The current cap for this year is
115,000 visas.
During Tuesday's markup, Rep. Zoe Lofgren, D-CA, H.R. 3983's chief
co-sponsor, may offer a version of that bill as a substitute amendment.
Some Democrats have grown increasingly wary that the GOP leadership
may be reluctant to snub Smith by moving the Dreier-Lofgren bill instead
of his even though H.R. 3983 has more support. The bill has 60 bipartisan
co-sponsors compared with the two Republican ones on H.R. 4227.
But Rep. Tom Davis, R-VA, a member of the GOP leadership active on
high-tech issues, said Thursday that many of the restrictions opposed by
industry in Smith's bill "will come off" at some point in the process.
But he said the bill will have to retain some anti-fraud and worker
protection measures.
"This is not a popular bill with the public," Davis said. "It's
popular with the CEOs."
A spokesman for Smith said his boss has been meeting with House
members and others this week to discuss his bill but would not say whether
he may would make changes to the measure.
- by Juliana Gruenwald