Agjobs and McKennedy averted in minimum wage law

Date: Friday, February 09, 2007 12:24 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1638 -- 2/09/2007 >>>>>

Many legends are developing about the Kennedy amendment to the minimum wage
bill. Most of the confusion is caused by incomplete and conflicting
information. So far the Congressional Record is the only good source of
information but of course it doesn't give us a glimpse at what happened
behind closed doors.

In the previous newsletter I explained how to research the Congressional
Record to find out about the events that occurred so in this one the focus
will be on explaining what happened and speculate on why.

To unravel this mess we need to examine a few proposed amendments to the
minimum wage legislation.

<<<<< S.AMDT.187 >>>>>
-- Sponsored by Senators Kennedy and Kerry. This amendment is intended to
help small businesses owned by women and had nothing to do with
immigration. SA187 is being confused with SA180 because of Kennedy's
involvement with both. It was approved by unanimous consent -- which is
basically a voice vote.

<<<<< S.AMDT.180 >>>>>
-- Sponsored by Sen. Kennedy. Using a common procedure Kennedy entered
SA180 as an amendment with nothing in it. At this point 180 was an empty
shell. On January 24, 2007 Kennedy proposed the text for SA180, which was
almost a carbon copy of the McCain/Kennedy comprehensive immigration reform
bill. This huge piece of legislation, often nicknamed McKennedy, contains
the H-1B increases in a section titled "TITLE III--ESSENTIAL WORKER VISA
PROGRAM". SA 180 was almost immediately ordered to "lie on the table".
Practically speaking that killed Kennedy's attempt to sneak the legislation
into the empty shell he created. SA180 still sits on the record with
nothing in it.

<<<<< S.AMDT.167 >>>>>
-- Sponsored by Sen. Feinstein. This was essentially the AgJobs bill. SA167
is important to keep in mind because it too is a huge "guest-worker" to
amnesty amendment that covers a wide range of unskilled jobs especially in
agriculture. If Agjobs ever passes it will be a precursor for H-1B
increases in a variant of the Skil bill. Fortunately SA167 was withdrawn --
so perhaps it's fair to say it rotted on the vine!

CONCLUSIONS: Kennedy and Feinstein probably didn't seriously think their
amendments would get through Congress as part of the minimum wage law
because they clearly were not germane. Even if the amendments didn't get
tabled, they would have been rejected to avoid delaying passage of the
minimum wage bill.

Their cynical and calculated parliamentary procedure was probably intended
to appease someone and perhaps as a strategic move for the future. Most
likely Kennedy and Feinstein did this as a show of "good will" to the
cheap-labor lobby and the open-border crowd. That should be serious cause
for alarm because it demonstrates that there are ominous rumblings on
Capital Hill.

You can bet that this won't be the last attempt to sneak immigration
liberalization into a major bill. Kennedy and Feinstein might throw similar
amendments at every major congressional bill in the hopes that eventually
it will stick. Other politicians could do the same. This should be a great
cause for alarm because two huge pieces of guest-worker/amnesty legislation
reared their ugly heads. For reasons that are difficult to fathom the
mainstream immigration organizations have been conspicuously quit.

Thomas Jefferson's advice shouldn't be ignored: "Eternal Vigilance is the
Price of Liberty".

Now that you are armed with the facts, you should be able to spot the
factual problems with these recent articles. Just in case, I will add some
comments delineated by brackets [fact check:].

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://weblog.infoworld.com/realitycheck/archives/2007/02/kennedy_kerry_w.html

Kennedy, Kerry withdraw sponsorship of H-1B amendment

By Ephraim Schwartz

February 7, 2007

A little noticed amendment sponsored by Senate Democrats Kennedy and Kerry
to the Fair Minimum Wage Act of 2007 that would have raised the quota for
H-1B visas was tabled earlier this week after initial approval by a voice
vote in the Senate.

[fact check: Kerry wasn't involved in SA180. This was Kennedy's baby. There
was no voice vote on SA180 because it was tabled.]

Amendment 180 if it remained in the Fair Minimum Wage Act which is expected
to pass by a large margin, was essentially a version of the SKIL Bill.

[fact check: Actually it was a version of the McKennedy bill, which has
most of the elements of the Skil bill plus amnesty and open borders]

It would have at least doubled the number of H-1B visas along with a
provision to increase that number by 20 percent in each succeeding year if
the visa quota was filled the previous year.

Another part of the amendment called for a new visa, H-5, for unskilled
workers.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms

US may hike H-1Bs, unveil new visa for the unskilled
URMI A GOSWAMI

TIMES NEWS NETWORK[ WEDNESDAY, FEBRUARY 07, 2007 01:50:43 AM]

NEW DELHI: An increase in the number of non-immigrant temporary skilled
worker (H-1B) visas and employment-based immigration visas, or green cards,
may be on the cards.

[fact check: That was wishful thinking for the IndiaTimes who obviously
hopes for more H-1Bs. At least for now the H-1B increase is DOA.]

The Fair Minimum Wage Act of 2007, currently being considered by the US
Congress, has provisions that allow for such an increase. An amendment
introduced in the Senate by Senators Edward Kennedy and Senator John Kerry
echoes the provisions of the McCain/Kennedy Bill (S 2611) and the Skill
Bill introduced in the 109th Congress.

The Senate passed the amendment by voice vote and the Fair Minimum Wage
Act of 2007 (S 2) was passed by a 94-3 vote. There seem to be huge
increases to H-1B and employer-based green cards. The amendment also
proposes to create a new non-immigrant visa, or guest worker visa, for
unskilled workers called an H-5. The H-5 visa is a pathway for amnesty.

[fact check: Again, there was not a voice vote because the SA180 was
tabled.]

If the Fair Minimum Wage Act of 2007 passed by the Senate has incorporated
the provisions of the S 2611 introduced in the last Congress then it would
mean the number of H-1B visas on offer will increase from the current level
of 65,000 to 115,000 in the first year.

The amendment also refers to "market-based numerical limitations". This
provision in the Kennedy-Mcain Bill provided that the total number of visas
allocated for that fiscal year are used up within the first quarter of the
year, then an additional 20% visas will allocated immediately for the
remainder of the year.

The total number of temporary worker visas available for the year would
increase by 20% every year. The figure to be used to fix allocations would
be that on the original quota for the previous fiscal year. So, if the
first year allows for 400,000 temporary workers, then the next year would
have a quota of 480,000 visas and the year after 576,000.

The US House of Representatives is yet to pass its version of the Minimum
Wage Bill. An amendment similar to the one passed by the Senate has also
been introduced in the House.

[fact check: There is no chance for the McCain/Kennedy bill to be put in
the Minimum Wage Bill.]

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