H-4 and the Three Stooges
H-4 and the Three Stooges
Date: Monday, July 28, 2003 4:27 PM
JOB DESTRUCTION NEWSLETTER
www.ZaZona.com
This week the Senate will probably approve the free-trade agreement
(FTA) with Chile and Singapore. Most Senate Republicans will not oppose
Bush's new attack on the American middle class. Only 27 House
Republicans voted against this FTA and you can bet the percentages will
be similar in the Senate.
The FTA is a dream-come-true for the corporatists who strive to lower
salaries and force Americans to accept deteriorating working
conditions. So what could be worse? Three stooges from Arizona are
doing their best to answer that question.
Earlier this year Curly, played by Rep. Jeff Flake (R-AZ), announced
that he was introducing a new bill called the "Worker Amnesty and
Opportunity Act of 2003." Moe, played by Sen. John McCain (R-AZ), heard
what Curly was up to and promptly rapped him on the head. Moe replied,
""Wooo-wooo-wooo! What did I do wrong!"
While Moe continued to hit Curly with various objects, Larry, played
by Jim Kolbe (R-AZ), came up with an idea: he suggested the bill be
called the "Border Security and Immigration Improvement Act" because
everybody wants more security. Moe formed his two fingers into a "V"
and got ready to poke Larry in the eyes, and yelled, "You think you're
a wise-guy don't ya?" Moe poked Larry in the eyes, and then said,
"you just might be right, let's rename this bill so we can fool
everyone into thinking this is a compassionate guest-worker bill".
Larry squinted and could hardly see, but he knew that a repackaged
guest-worker bill that pretends to be about security was born.
This bill, if passed by Congress, would be the largest guest-worker
bill in the history of mankind. That's because it allows unlimited
numbers of visas to be issued - AND IT DOESN'T RESTRICT THE TYPES OF
WORKERS THAT CAN USE THESE VISAS OR WHAT COUNTRY THEY CAN COME FROM.
H-4 visas could be used in place of other nonimmigrant visas such as
H-1B and L-1.
If you want to contact your Congressperson because you want to talk
about the FTA or because you aren't amused by the "Three Stooges", use
these toll free numbers:
Congressional Toll Free Phone Numbers
The following are toll-free numbers to reach any House or Senate
office:
House: (877) 762-8762
Senate: (800) 648-3516
When the operator answers, you simply ask for Rep. X's office or
Senator Y's office.
The "Border Security and Immigration Improvement Act" is nothing but a
huge guest-worker bill with amnesty thrown in for good measure. An
analysis of the bill is followed by a few recent articles. For the text
of the bill go to:
http://www.house.gov/apps/list/press/az06_flake/072503_detailedsummary.html
Analysis:
Text of the bill appears in brackets [], my remarks follow.
--- Visas ---
[SECTION 1. NEW NON-IMMIGRANT WORKER VISA CATEGORIES - "Establishes
H-4A and H-4B temporary worker non-immigrant categories.]
Two new nonimmigrant visa categories are created: H-4A and H-4B. Those
will be in addition to the potpourri of other visas that are used to
displace American workers.
--- Protections for Citizen Workers ---
[Provided the non-immigrant worker with the same benefits, wages, and
working conditions, and right to join or organize a union as other
employees. Agreed that the non-immigrant worker will work the same
hours as other U.S. employees. Complied with all federal, state, and
local labor laws.]
This boilerplate text provides a hollow promise that American workers
won't be affected by the massive numbers of foreign workers that will
be imported by using this visa. These so-called protections are never
enforced so they will be used by the Three Stooges to justify their
betrayal of U.S. citizen workers. Unions would do well to avoid H-4
visa holders because they are indentured and therefore cannot go on
strike. If they go on strike their employer can have their visa revoked
so that they will be required to leave the U.S. Nonimmigrants will be
used as strike busting scabs that will be used to destroy unions.
--- National Security ---
[Approval of petition can only occur after the employer has: Used the
electronic job registry. Checked the worker's identity and employment
authorization through the Employment Eligibility Conformation System.]
Does anybody really think this will stop Al-Qaeda from using these
visas? Oh yeah, the Three Stooges do!
--- Bargain Visa Fees ---
[Petitioning fee for employer to petition for worker to enter the
United States. An owner of a small business, those employing 500
persons or less, will pay a fee of $500 to hire an H-4A worker. An
owner of a large business, those employing 500 persons or more, will
pay a fee of $1,000 to hire an H-4A worker.]
Adjusted for inflation, this is probably less than a Southern
plantation owner paid for a slave. Cheap as these fees are, once an
employer buys his indentured laborer, he never has to pay the fee
again!
[The employer need not pay the petitioning fee if they rehire the same
H-4A worker who is renewing the visa.]
--- Illegal Aliens Are Welcome ---
[If a business hires a worker that is already within the country, the
same fee applies.]
This clause gives companies the right to hire illegal aliens, and then
apply for their visa. Employers will love this one since they will
never have to be held accountable for their lawless behaviors.
--- Penalties ---
[Employers not complying with the Employment Eligibility Confirmation
System will be penalized.]
Uh, huh. It's unlikely event that the government will investigate a
company and it's even more far-fetched that they would find violations,
The penalties companies will suffer aren't defined so they probably
will get a very light slap on the wrist. Employers probably wouldn't
violate this bill because it generously allows for the wholesale
exploitation of illegal aliens.
--- Visa Duration ---
[The visa is valid for three years and may be renewed one time for a
total of six years, but renewal requires the employer to re-advertise
the job using the electronic job registry to ensure there is still no
U.S. worker available.]
H-4 visas have the same duration as H-1 visas. I included the statement
about finding U.S. workers for comic relief. I still can't stop
laughing!
--- Green Cards and Numerical Limits ---
[H-4A workers can adjust to the lawful permanent resident status
without numerical limitation if: The worker's employer petitions, or
The worker self-petitions after three years in the U.S. with an H-4A
visa.]
All aliens have to do is to agree to be indentured to their employer
for 3 years and then they can apply for a Green Card. Just like the
H-1B visa there is one caveat - aliens must be able to keep their visa
for the entire duration of their employment. Aliens are enslaved to
their employers for at least 3 years before they can get their green
card. Like the H-1B visa, the right of citizenship is determined by
employers. This is nothing more than using a carrot and stick to entice
aliens to be exploited.
There are no limits on the number of visas issued. This will subvert
any attempts to cap the number of L-1 or H-1B visas.
--- Deportation ---
[If the employer wrongfully dismisses the non-immigrant worker before
the end of the two-year duration of the visa, they must pay the
transportation costs of returning the worker home.]
This isn't as generous to the nonimmigrants as the H-1B visa. It
implies that if the employer is justified in firing the nonimmigrant
they don't have to pay deportation costs. How many times have you known
an employer that wasn't justified when they fired someone?
--- H-4A Leaving the Country ---
[The H-4A worker must depart the U.S. if he fails to work for 45
consecutive days but may return during the two-year visa period the
visa is issued for at any time if they find he finds other employment
through the job registry.]
The nonimmigrant can leave the country and come back without getting
another visa. This bone was obviously thrown in for seasonal
agricultural workers.
--- Come Illegally Now Or Lose Your Chance ---
[If an individual enters the country illegally (i.e. is in the IDENT
system) after the bill's date of introduction (even once), they are
prohibited from obtaining an H-4A visa for three years (using 3/10 year
bar as a precedent).]
This is a clear message to anyone contemplating coming to the U.S.
illegally to come now or lose your chance. This gives foreigners a good
reason to cross the border ASAP.
--- 90-Day Rule ---
[Employers are prohibited from hiring H-4A workers for 90 days after
they dismiss a U.S. worker holding a similar position.]
Since employers have no intention of hiring U.S. workers this 90-day
rule is null and void. It's similar to the H-1B rule without the
pretense of requiring dependency.
--- Union Scabs ---
[Employers are prohibited from hiring H-4A workers to replace a
striking worker holding a similar position.]
If there is a union that is comforted by this I will be a monkey's
uncle.
--- Kickbacks ---
[An employer is prohibited from accepting a payment from a foreign
temporary worker, and the employee is prohibited from paying the
employer for the application fee. (The intent of this language is to
prohibit "kickback" payments to the employer for hiring a foreign
worker.)]
Most of the time the kickbacks are funneled from a 3rd party such as a
crooked immigration lawyer or bodyshop. The money trail won't implicate
employers that know how to play the visa game so this clause won't stop
greed, graft, and corruption.
--- Enforcement ---
[The Department of Labor will exercise any authority granted in the
Fair Labor Standards Act of 1938 to enforce the above-stated
requirements.]
The DOL is granted authority to enforce all sorts of labor laws. The
problem is that they aren't given the resources or the mandate to do
anything substantial. Even the Three Stooges should be smart enough to
know this.
--- Family Visits ---
[The spouse of a non-immigrant worker can not accompany the worker
unless they also have an H-4A visa. The children of the non-immigrant
worker cannot accompany the worker unless: The worker is the sole
custodial parent, or Both custodial parents of the child are H-4A
workers. Spouse and children of H-4A worker receive priority for
visitor visas.]
The entire family can visit the H-4A worker as long as they get visitor
visas. Children are allowed to come here as long as both parents are on
visas. Guess who gets to pay for the children's education - American
taxpayers who will be replaced by H-4 visa holders!
--- H-4B Visa for Illegal aliens who want Amnesty ---
[If a person meets the following requirements, they may obtain an H-4B
visa Entered the U.S. before August 1, 2003.]
Here it is! Amnesty for illegal aliens. Illegal aliens with brains will
all claim that they violated the immigration laws before August 1,
2003, so they deserve a visa.
--- Indentured Servitude ---
[The H-4B non-immigrant worker must pay a fine of $1,500 (children
under the age of 17 do not have to pay this fine). The $1,500 fine may
be paid by garnishing 10 percent of the disposal pay of the worker
(interest must also be paid under this option). Each fee All fines will
go directly toward the costs of implementing and processing the visa
program.]
This is nothing less than state sponsored indentured servitude. The
illegal alien can come to the U.S. and work - but 10% of his/her wages
will be garnished to pay the visa fee and fine. A nation that would do
this is morally bankrupt.
--- Inducement to Hire Illegal Aliens ---
[Employers are not required to advertise jobs to U.S. workers for 14
days in the electronic job registry when an undocumented worker
transitions into H-4B status.]
If employers hire illegal aliens they don't have to pretend to want to
hire a citizen. McCain, Flake, and Kolbe, are stooges that show a
contemptible disdain and hatred of American citizens John McCain uses
his Vietman war experience to display his patriotism but this bill
shows that he is not a patriot and definitely no hero.
http://www.azcentral.com/arizonarepublic/news/articles/0726guestworker26.html
Arizona trio offers guest-worker bill
Sergio Bustos
Gannett News Service
Jul. 26, 2003 12:00 AM
WASHINGTON - Three Arizona lawmakers on Friday unveiled a controversial
bill that would allow millions of foreigners, including undocumented
immigrants already in the United States, to live and work in this
country with temporary visas.
The Republican lawmakers, Sen. John McCain and Reps. Jim Kolbe and Jeff
Flake, said their bill would reduce immigrant deaths on the
Mexico-Arizona border, fill the low-skilled-labor needs of businesses
nationwide and improve national security.
All three lawmakers acknowledged their bill faces a tough battle in
Congress. They said congressional colleagues and groups wanting
stricter immigration policies already have given them an earful of
complaints, some characterizing such proposals as rewarding
undocumented immigrants for breaking the law.
"This bill is not going to satisfy everyone, but we need to find a
compromise on this issue," Kolbe said.
McCain, sounding more defiant, said, "To our opponents, I ask, 'Are you
so far away from Arizona that you aren't concerned about people dying
in the desert? What's your proposal?' "
Under the bill, two new visa categories would be created for foreign
workers: H-4A and H-4B.
The H-4A visa would allow foreigners to work in the United States for
up to six years. They also would be eligible for permanent residency on
their own or through employers. Spouses and children would not be
eligible for the same visa but could receive preference for a visitor's
visa.
The H-4B visa is aimed at the nation's estimated 9 million undocumented
immigrants. People in this group could remain in the country for up to
three years but would be required to return home before applying for
the H-4A visa. To get an H-4B visa, they would have to pay a $1,500
one-time fine and, among other requirements, could not have a felony or
misdemeanor conviction. Spouses and children would be eligible for the
same visa.
Businesses would be allowed to hire such workers only after advertising
the position through a nationwide electronic job registry. Depending on
their workforce size, businesses would pay $500 or $1,000 per worker.
Security aspect debated
The lawmakers, appearing at a Capitol Hill news conference, said their
bill, which was introduced in both the House and Senate, would bolster
national security because it would allow the government to track
foreign workers.
They pointed out that many foreigners already enter and remain in the
country illegally without the government's knowledge of their
whereabouts.
"Our borders are not secure," McCain said. "And no amount of money,
equipment or manpower alone will ensure the safety of our nation."
Added Flake: "Our immigration policy is the worst of all worlds. It
encourages people to come here but not go home."
The lawmakers said President Bush could sway Congress to approve the
measure.
The administration, which has not endorsed the bill, has shown little
enthusiasm for this kind of legislation since the Sept. 11, 2001,
terrorist attacks on the World Trade Center and the Pentagon.
Instead, it has focused on toughening border security.
Hispanic votes coveted
McCain, however, suggested that the growing influence of Hispanic
voters could nudge Bush to take up the issue before next year's
presidential election. Bush aggressively courted Hispanic voters during
the 2000 campaign.
The largest pool of Hispanic voters are of Mexican descent, and Mexican
nationals, who represent the largest segment of the nation's legal and
undocumented immigrants, would be the biggest beneficiaries under the
bill.
Early reaction to the proposal was mixed among immigration advocates.
"This legislation is a serious proposal that should reinvigorate the
immigration reform debate, but the bill will have to be significantly
improved to attract bipartisan support and fix the most vexing problems
plaguing our immigration system," said Frank Sharry, executive director
of the pro-immigrant National Immigration Forum.
"It is, however, a breath of fresh air to see border-state Republicans
recognizing the contributions of immigrants, understanding that the
current system is broken and putting forth an important proposal."
http://www.govexec.com/dailyfed/0703/072503cd2.htm
July 25, 2003
Arizona GOPers introduce border security bill
>From CongressDaily
Sen. John McCain, R-Ariz., along with fellow Arizona Republican Reps.
Jim Kolbe and Jeff Flake Friday introduced the "Border Security and
Immigration Improvement Act."
Under their bill, individuals who entered the country illegally by Aug.
1 could pay a fine and then be issued a three-year temporary work visa,
with an option to reapply at the end of that time.
A second group of immigrants those still seeking to enter the country
would be issued a renewable three-year temporary worker visa.
Employers seeking to find foreign workers would be able to post the
jobs electronically, but only after 14 days where the job would be made
available to U.S. citizens.
The legislation hopes to address the United States' growing labor
demand, as well as allow federal agencies to concentrate their efforts
on terrorism and national security rather than on catching immigrants
at the border.
Brought to you by GovExec.com
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Rob Sanchez is board member of NAEA - www.NAEA.US
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