Amended in Assembly June 29, 2015

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,begin delete and Rendonend deletebegin insert Rendon, Alejo, Atkins, Bloom, Bonilla, Bonta, Calderon, Campos, Chau, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Frazier, Gatto, Gipson, Gomez, Gordon, Gray, Holden, Irwin, Jones-Sawyer, Levine, Lopez, McCarty, Medina, Mullin, Nazarian, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark end insertbegin insertStone, Thurmond, Ting, Weber, Williams, and Woodend insert)

March 24, 2015

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


AJR 12, as amended, Eduardo Garcia. H-1B Visa program: investigation of misuse.

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 Visa program.

Fiscal committee: no.

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

3WHEREAS, The H-1B Visa program was never intended to be
4used as a catalyst for laying off United States’ workers and
5replacing them with H-1B workers; and

6WHEREAS, The granting of H-1B Visas should never result in
7the creation of a virtual pipeline for outsourcing United States
8workforce jobs; and

9WHEREAS, California’s average unemployment rate in January
102015 was 6.9 percent with Imperial County’s unemployment rate
11being 20.6 percent; and

12WHEREAS, Some companies are misusing the federal H-1B
13Visa program, including the documented misuse by one California
14public utility to replace 400 California workers; and

15WHEREAS, Senate Bill No. 477 (Chapter 711 of the Statutes
16of 2014) seeks to end the exploitation of foreign, temporary,
17nonimmigrant workers brought to California under various federal
18work visa programs; and

19WHEREAS, Displaced American workers are being exploited
20through the misapplication of the H-1B Visa program; now,
21therefore, be it

22Resolved by the Assembly and the Senate of the State of
23California, jointly,
That the Legislature respectfully urges the
24United States Department of Labor and the Congress of the United
25States to investigate this alleged misuse of the H1-B Visa program;
26and be it further

27Resolved, That any company that has engaged in this improper
28practice is urged to immediately cease the practice of replacing
29California employees with foreign workers under this, or any other,
30program; and be it further

31Resolved, That the Chief Clerk of the Assembly transmit copies
32of this resolution to the President and Vice President of the United
33States, the Speaker of the House of Representatives, the Minority
34Leader of the House of Representatives, the Majority Leader of
35the Senate, the Minority Leader of the Senate, and each Senator
36and Representative from California in the Congress of the United