Amended in Assembly May 26, 2015

California Legislature—2015–16 Regular Session

Assembly Joint ResolutionNo. 12


Introduced by Assembly Members Eduardo Garcia, Brown, and Roger Hernández

(Coauthors: Assembly Members Chiu, Cristina Garcia, Gonzalez, and Rendon)

March 24, 2015


Assembly Joint Resolution No. 12—Relative to the H-1B Visa program.

LEGISLATIVE COUNSEL’S DIGEST

AJR 12, as amended, Eduardo Garcia. H-1B Visa program:begin delete Southern California Edison Company.end deletebegin insert investigation of misuse.end insert

This measure would urge the United States Department of Labor and the Congress of the United States to investigate alleged misuse of the H1-B Visabegin delete program by Southern California Edison Company.end deletebegin insert program.end insert

Fiscal committee: no.

P1    1WHEREAS, The H-1B Visa program allows businesses to
2temporarily hire highly skilled foreign workers with specialized
3knowledge where a qualified United States worker cannot be found;
4and

5WHEREAS, The H-1B Visa program was never intended to be
6used as a catalyst forbegin delete lyingend deletebegin insert layingend insert off Unitedbegin delete State’send deletebegin insert Statesend insertbegin insertend insert workers
7and replacing them with H-1B workers; and

8WHEREAS, The granting of H-1B Visas should never result in
9the creation of a virtual pipeline for outsourcing United States
10workforce jobs; and

P2    1WHEREAS, California’s average unemployment rate in January
22015 was 6.9 percent with Imperial County’s unemployment rate
3being 20.6 percent; and

4WHEREAS,begin delete Southern California Edison Company is reported
5to beend delete
begin insert Some companies areend insert misusing the federal H-1B Visa
6programbegin insert, including the documented misuse by one California public
7utilityend insert
to replace 400 California workers; and

begin delete

8WHEREAS, Southern California Edison Company has admitted
9that these laid-off workers are being replaced by overseas
10consulting services; and

end delete

11WHEREAS, Senate Bill No. 477 (Chapter 711 of the Statutes
12of 2014) seeks to end the exploitation of foreign, temporary,
13nonimmigrant workers brought to California under various federal
14work visa programs; and

15WHEREAS, Displaced American workers are being exploited
16through the misapplication of the H-1B Visa program; now,
17therefore, be it

18Resolved by the Assembly and the Senate of the State of
19California, jointly,
That the Legislature respectfullybegin delete urgeend deletebegin insert urgesend insert
20 the United States Department of Labor and the Congress of the
21United States to investigate this alleged misuse of the H1-B Visa
22begin delete program by Southern California Edison Company;end deletebegin insert program;end insert and
23be it further

24Resolved, Thatbegin delete Southern California Edison Company is urged
25to discontinueend delete
begin insert any company that has engaged in this improper
26practice is urged to immediately ceaseend insert
the practice of replacing
27California employees with foreign workers under this, or any other,
28program; and be it further

29Resolved, That the Chief Clerk of the Assembly transmit copies
30of this resolution to the President and Vice President of the United
31States, the Speaker of the House of Representatives, the Minority
32Leader of the House of Representatives, the Majority Leader of
33the Senate, the Minority Leader of the Senate, and each Senator
34and Representative from California in the Congress of the United
35States.



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