BILL ANALYSIS Ó
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ASSEMBLY THIRD READING
AJR
12 (Eduardo Garcia, et al.)
As Amended May 26, 2015
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |5-2 |Roger Hernández, Chu, |Harper, Patterson |
| | |Low, McCarty, | |
| | |Thurmond | |
| | | | |
| | | | |
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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
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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.
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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.
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Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0001077