BILL ANALYSIS Ó 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 Hernández, 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 UnitedStates' 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 Visaprogram. 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