| EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503
| STATEMENT OF ADMINISTRATION POLICY (THIS STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.)
October 3, 2000
(Senate)
S. 2045 - American Competitiveness in the Twenty-first Century Act of 2000
(Sen. Hatch (R) Utah and 24 cosponsors)
The Administration supports balanced legislation that both increases the
number of H-1B visas and prepares U.S. workers to meet the needs of
American businesses. The Administration recognizes that U.S. businesses at
times need access to the international labor market to maintain and enhance
the Nation's global competitiveness, particularly in high-growth, new
technology industries and particularly in tight labor markets. However, in
assuring appropriate access to the international labor market, lawmakers
must give equal attention to protecting the interests and promoting the
labor market competitiveness of U.S. workers. The Administration looks
forward to working with the Congress to address significant shortcomings in
S. 2045 to ensure that the legislation achieves that balance.
In a May 11, 2000, letter from National Economic Advisor Gene Sperling to
Chairman Henry Hyde of the House Judiciary Committee and Representative
John Conyers, Ranking Member of that Committee, the Administration set
forth a balanced H-1B proposal. The Administration proposed increasing the
fee charged to employers using the H-1B program to provide more funding for
job training and education, as well as critical resources to improve
administration of employment-based immigration programs. However, S. 2045
does not include an increase in the fee and, therefore, does not adequately
address the long-term labor needs of American businesses.
In addition, the Administration has serious concerns with provisions in
this bill, which, as currently drafted, would allow a worker sponsored for
permanent employment-based immigration to remain in H-1B status tied to an
employer-sponsor indefinitely until a visa becomes available. These
provisions effectively negate any term for the H-1B program, turning it
from a temporary worker program into an in-residence waiting line for
permanent employment-based immigration and increasing the vulnerability of
these workers to exploitation in the workplace. The Administration looks
forward to working with the Congress to accomplish the objectives of these
provisions without eroding the integrity of the programs.
The President remains deeply disappointed that S. 2045 does not include the
provisions of the Latino and Immigrant Fairness Act to: update the registry
date; amend the Nicaraguan Adjustment and Central American Relief Act
(NACARA) to ensure fairness for Central Americans, Haitians, and Liberians;
and reinstate Section 245(i) of the Immigration and Nationality Act. These
provisions would allow people who have been living in the United States for
many years and who have developed strong ties to their communities the
opportunity to normalize their immigration status, and allow families to
stay together while an adjustment of status application is pending. The
President strongly supports passage of balanced H-1B legislation. In
addition, the President will continue to strongly insist on passage of the
Latino and Immigrant Fairness Act this year, before Congress adjourns.
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