| [ USA ] in KIDS 글 쓴 이(By): pictor (홍헌수) 날 짜 (Date): 1998년 10월 13일 화요일 오전 10시 10분 35초 제 목(Title): EMERGENCY: H-1B Bill in **Critical** Da alt.us.visa에서 Subj: EMERGENCY: H-1B Bill in **Critical** Danger ! From: John Gfoeller, Esq. Date: Sunday, 11 October 1998 There is bad news which requires **immediate** action by everybody: The Associated Press, Reuters and (this afternoon) CNN Headline News all report that Senator Tom Harkin (D-Iowa) has forced the U.S. Senate to drop from Senate consideration the H-1B bill, which was recently (24 September 1998) passed by the U.S. House and which the White House has already agreed to sign into law. The result of Senator Harkin's move would be keeping the current cap of 65,000 H-1B visas per federal fiscal year. The 65,000 H-1Bs allotted for federal fiscal year 1999 (which began on 1 October 1998) are expected to run out by mid-late November, 1998. (Yes, next month.) That would mean that aliens whose employers have not filed H-1B petitions by early November, 1998 might have to wait an additional YEAR before acquiring an H-1B visa. Furthermore, since the H-1B is an unofficial but necessary stepping stone for most aliens seeking an employment based green card (EB-GC), the end result of Senator Harkin's move is to postpone by over a year the commencement of the EB-GC process for most aliens on temporary visas (including holders of B, F and J visas). That potential problem would be compounded by a computer breakdown that reportedly occured nationwide within the U.S. Department of Labor last month. (for more information, see http://www.immigration-lawyer.com/DOL.htm) Supposedly, all DOL computers that are used to process Labor Condition Applications (LCAs), a preliminary and necessary step to acquiring an H-1B (and thus to starting the EB-GC process for many nonimmigrants) broke down in mid-September, 1998. All LCAs filed on or after September 15, 1998 will thus be delayed in processing for an unspecified period of time due to the breakdown (though, purportedly, the problem has been fixed except, perhaps, for the new York and San Francisco offices). Thus, aliens seeking an EB-GC are facing two deadlines: hoping that the DOL will be able to process their LCAs before the H-1Bs run out and then (their employers) filing the H-1B petitions before the H-1Bs run out. Unfortunately for many of these aliens, it will become pointless if their LCAs are approved but there are no more H-1Bs ---- which is likely for many aliens if Senator Harkin's move goes unopposed. What happened? Senator Harkin, a strong supporter of organized labor (which is largely opposed to increasing the number of H-1B visas), is unconvinced that a need exists in American industry for high tech workers that cannot be met by American workers. In a stunning move this weekend, he threatened using Senate procedure to prevent the U.S. Senate from considering the H-1B bill --and any other bill before the Senate. Senate leaders, who are rushing to pass a federal budget to avoid a government shut-down, could not allow such a delay, and they agreed this weekend to remove the H-1B bill from the consideration of the Senate (which, in a supreme irony, had overwhelmingly approved the original version of the H-1B bill in May,1998 !). However, herein is the opportunity. The Senate simply **must** pass a budget for the federal government this week, and the Senate will be in session at least through **Tuesday, 13 October 1998** (maybe longer) so as to avoid a shut-down of the U.S. government. It is possible that the Senate may be able to attach the H-1B bill to the federal budget bill. If that happens, Senator Harkin will be out-manouevered and the rest of the Senate will gladly do what it takes to vote for the budget bill. TO SAVE THE H-1B BILL, WE **MUST** CONTACT OUR U.S. SENATORS *****IMMEDIATELY***** We MUST do so on Monday (12 October 1998), Tuesday at the latest. The Senate wants to conclude its business and go home till after the November elections, and it wants to adjourn by Wednesday at the latest-- sooner if possible. Therefore, we MUST make haste or we risk losing the H-1B bill. (And we risk losing it ALL: we *don't* know if the Congress that will be elected in November shall be willing to approve an increase in the number of H-1Bs.) Hence, we MUST contact BOTH of our U.S. Senators on Monday or Tuesday !!!! This is democracy in action; your voice *does* matter but only if it is heard ! It worked before in the House of Represenatives, when public support helped to convince House members to pass the H-1B bill (HR 3736) on 24 September 1998. Public support could work here too. No, you do not have to be a U.S. citizen to contact your U.S. Seantors: they represent ALL the people in your state, including legal aliens. NOTE NOTE NOTE NOTE : It is ***extremely*** important for CEOs, upper management, etc. of employers of H-1B aliens to make their voices heard **now**. To Senators and Congresspersons, you represent leadership, money and potential votes from "back home." Speaking to you, I say: If you want/need to hire H-1B aliens to keep your businesses/operations going, you MUST take action and contact **both** your U.S. Senators NOW; otherwise, you will LIKELY be forced to wait a YEAR before hiring another H-1B alien, let alone starting the green card process (which can take two years) for that alien. HERE IS WHAT TO DO: 1. Contact **both** your U.S. Senators. Do so by telephone, fax or email; we don't have time for snail-mail. There are only two (2) U.S. Senators per state, and you should contact them both. If you don't know who they are or how to contact them, go to the U.S. Senate web site at (http://www.senate.gov/home.html). Click the button at the upper-right part of the screen, marked "Senators." 2. If YOU CALL, politely tell the staffer who answers the phone the following: "I am a resident of [your state], and I want Senator [name] to support the bill to increase the number of H-1B visas, and I want Senator [name] to do so BEFORE the Senate adjourns." The staffer may well be confused or unknowledgeable about this issue, so please be patient; concisely and politely inform the person that there is a bill before the Senate to increase the number of H-1B visas and that this is the same bill (HR 3736) that the House of Representatives approved on 24 September 1998 and that you want Senator [name] to support the passage of it. Then, remind the staffer that you want Senator [name] to support the passage of this bill BEFORE the Senate adjourns. IF YOU ARE AN EMPLOYER, tell the staffer this fact, the name of your company/entity and that H-1B workers are GOOD for your business, increasing American jobs and increasing federal revenues through taxes, especially in your state. 3. IF YOU SEND A FAX OR EMAIL, politely and concisely state the above in no more than a one page, signed letter. Be sure to include your full name and mailing address (if you are an employer, use letterhead), since this adds legitimacy to your correspondence. 4. ASK SENATOR TOM HARKIN, the guy who messed things up so badly, TO CHANGE HIS MIND AND TO **ALLOW** CONSIDERATION IN THE SENATE BEFORE IT ADJOURNS REGARDING INCREASING THE NUMBER OF H-1Bs. Be polite but state that Senator Harkin's blocking of the H-1B bill will hurt the economy in **your state** as well as in **all the U.S.** and that a bill so important deserves to be debated by the whole Senate, right now. Senator Harkin can be reached at U.S. Senator Tom Harkin (http://www.senate.gov/~harkin) PHONE: (202)-224-3254 FAX: (202)-224-9369 EMAIL: tom_harkin@harkin.senate.gov PLEASE, folks, everyone needs to help out on this one ! Sincerely, --John John Gfoeller, Esq. Email: ZZANDJTS@aol.com |