BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                     AJR 12


                                                                    Page  1





          ASSEMBLY THIRD READING


          AJR  
          12 (Eduardo Garcia, et al.)


          As Amended  May 26, 2015


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Labor           |5-2  |Roger HernŠndez, Chu, |Harper, Patterson   |
          |                |     |Low, McCarty,         |                    |
          |                |     |Thurmond              |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Urges the United States Department of Labor and  
          Congress to investigate the alleged misuse of the H-1B Visa  
          program.  Specifically, this resolution makes the following  
          legislative findings and declarations:


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


          2)The H-1B Visa program was never intended to be used as a  








                                                                     AJR 12


                                                                    Page  2





            catalyst for laying off United   States' workers and replacing  
            them with H-1B workers.


          3)The granting of H-1B Visas should never result in the creation  
            of a virtual pipeline for outsourcing United States workforce  
            jobs.


          4)California's average unemployment rate in January 2015 was  
            6.9% with Imperial County's unemployment rate being 20.6%.


          5)Some companies are misusing the federal H-1B Visa program,  
            including the documented misuse by one California public  
            utility to replace 400 California workers.


          6)SB 477 (Steinberg), Chapter 711, Statutes of 2014, seeks to  
            end the exploitation of foreign, temporary, nonimmigrant  
            workers brought to California under various federal work visa  
            programs.


          7)Displaced American workers are being exploited through the  
            misapplication of the H-1B Visa program.


          In addition, this resolution makes the following resolutions:


          1)That the Legislature respectfully urges the United States  
            Department of Labor and the Congress of the United States to  
            investigate this alleged misuse of the H-1B Visa   program.
          2)That any company that has engaged in this improper practice is  
            urged to immediately cease the practice of replacing  
            California employees with foreign workers under this, or any  
            other, program.









                                                                     AJR 12


                                                                    Page  3






          3)That the Chief Clerk of the Assembly transmit copies of this  
            resolution to the President and Vice President of the United  
            States, the Speaker of the House of Representatives, the  
            Minority Leader of the House of Representatives, the Majority  
            Leader of the Senate, the Minority Leader of the Senate, and  
            each Senator and Representative from California in the  
            Congress of the United States.


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  The H-1B program applies to employers seeking to hire  
          nonimmigrant aliens as workers in specialty occupations or as  
          fashion models of distinguished merit and ability.  A specialty  
          occupation is one that requires the application of a body of  
          highly specialized knowledge and the attainment of at least a  
          bachelor's degree or its equivalent.  The intent of the H-1B  
          provisions is to help employers who cannot otherwise obtain  
          needed business skills and abilities from the United States  
          workforce by authorizing the temporary employment of qualified  
          individuals who are not otherwise authorized to work in the  
          United States.


          Supporters argue that the H-1B visa program was never intended  
          as a vehicle to replace skilled workers in the United States.   
          In some instances, the workers that were being laid off were  
          coerced into training their replacements.  They argue that this  
          is a violation of the letter and spirit of the program and such  
          behavior cannot be tolerated.


          There is no opposition on file.











                                                                     AJR 12


                                                                    Page  4






          Analysis Prepared by:                                             
                          Ben Ebbink / L. & E. / (916) 319-2091  FN:  
          0001077