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Letter on S. 887, the "H-1B and L-1 Visa Reform Act of 2009"

Release Date: 
Friday, August 21, 2009

August 21, 2009

The Honorable Richard Durbin

United States Senate

Washington, DC 20510

The Honorable Charles Grassley
United States Senate
Washington, DC 20510

Dear Senators Durbin and Grassley:

The U.S. Chamber of Commerce, the world's largest business federation representing more than three million businesses and organizations of every size, sector, and region, is concerned with several provisions in S. 887, the "H-1B and L-1 Visa Reform Act of 2009."


The Chamber thanks you for your attention to the issue of H-1B and L-1 visa fraud and abuse. The Chamber agrees that the issue of H-1B and L-1 visa fraud is a serious issue which severely hinders businesses legally trying to utilize the program and must be carefully addressed. The H-1B and L-1 visa programs ensure the United States remains globally competitive by retaining the world's best and brightest work force. However, the Chamber believes S. 887 would place undue burdens on employers who are legitimately using the H-1B and L-1 visa programs.


This legislation would drastically change current law by restricting the H-1B program by instituting visa restrictions based on the make-up and size of the employer. Under S. 887, if an employer has more than 50 employees and the number of H-1B visa holders combined with L-1 visa holders total more than 50 percent of the company's workforce, they would lose their right to obtain further H-1B workers. This arbitrary formula would constitute an automatic forfeit of highly-skilled foreign workers for many legitimate businesses creating jobs in the United States, and may lead to retaliation against American businesses abroad.


Due to the current economic downturn, the H-1B visa cap has not been reached for FY 2010, further proof that the cap should be allowed to fluctuate according to the needs of the market, instead of adding restrictions that would further hinder use of the program. The Chamber looks forward to working with the President and Congress on the issue of high-skill visa reform, particularly in the context of comprehensive immigration reform.

Sincerely,


R. Bruce Josten