Round 5: H-1B Battle: McCain, Kennedy RETREAT! IEEE-USA offers SOLUTION!

Fearing political fallout, senior Senators McCain (R-AZ) and Kennedy (D-MA) retreated from the H-1B and Immigration Reform bill battlefield last week.  The McCain/Kennedy coalition split and opted not to release the immigration reform bill they've been working on. 

McCain seemed frustrated with the endeavor and is also concerned about losing support from his conservative base in his bid for the Republican presidential candidacy.  Conservative voters are strongly against guest worker programs which, many feel, leads to amnesty for illegal aliens.  The H-1B program is not related to illegal immigration but it is growing into an equally controversal guest worker program with heavyweight opponents such as IEEE-USA, the AFL-CIO, the CWA and many others who are joining in as the immigration battle progresses.

Kennedy gave up completely on developing any new ideas and has reverted to supporting the immigration reform bill version that the Senate proposed last year, an already anachronistic bill which is popular with large corporations but unpopular with the majority of voters.

This is an exciting time in American history where politicians are stuck in the middle of a well-publicized tug of war between their campaign contributors and their voters.   At stake is no less than control of the soul of the country.

When it comes to immigration, it seems that members of congress simply cannot appease their corporate supporters without risking losing their next election.  Sooner or later, both Houses will have to face the donnybrook and somehow come up with viable solutions for all parties.

IEEE-USA army finds empty battlefield

In the mean time, IEEE engineers arrived last week ready for a fight but found no bill to contest.  Undeterred, they marched into House and Senate offices to ask for support if and when the battle begins.  The engineers visited representatives from their respective states and expressed their own views as well as those of IEEE-USA, the political action arm of the Institute for Electrical and Electronics Engineers (IEEE).

IEEE-USA makes an offer they can't refute

A great man once said, "If you want to solve a complex problem, throw a bunch of engineers in a room and lock the door for a few hours".  Where politicians have failed, IEEE-USA has come up with a solution that should satisfy the needs of  American corporations as well as American engineers.  And in true American fashion, they are also standing up for the rights of foreign engineers and professionals, lobbying for a clear path to citizenship instead of guest worker programs.

IEEE-USA policymakers have engineered a fair comprehensive reform solution that technology companies and politicians cannot refute.  IEEE-USA turns the tables on the tech company lobbyists by adopting their own talking points.  IEEE-USA argues that the best way to "bring the best and brightest to America" is through legal immigration and not through guest worker programs.  They suggest expanding the EB and F-4 legal immigration visas and to reform the H-1B Guest Worker program, freezing the cap until reforms are enacted.

IEEE-USA argues that tech company lobbyists are obfuscating the H-1B guest worker program with legal immigration.  "Compete America", a lobbying group funded by large corporations, printed a pamphlet with a list of all the great immigrant contributors to America.  It has been widely distributed to members of congress.  However, the pamphlet does not contain a single guest worker.  It is completely comprised of legal immigrants, like Einstein.  The IEEE-USA position is much more appealing and kinder to the future scientists of America by offering them citizenship up front.

The IEEE-USA proposal protects American engineers by insisting on reform and enforcement of the current H-1B program and a cap freeze until enacted.  As U.S. citizens, immigrant professionals will be competing on an even playing field with current citizens.  This will allow wages to rise for all, eliminating the disadvantage of competing against indentured guest workers.

The IEEE-USA proposal helps foreign engineers by providing them with a clear path towards permanent citizenship, replacing an unstable atmosphere of fear created by the guest worker program.

The IEEE-USA proposal helps tech companies hire the best and brightest by expanding the EB and F-4 immigration visas.  With these visas, they can permanently hire and retain engineers here in America.

National security is also strengthened with this proposal due to the more vigorous demands of legal immigration, whereas now, the H-1B guest worker program is considered a "rubber stamp" process which may be vulnerable to terrorism.

Recent government reports conclude that the H-1B Guest Worker program is now doing the opposite of what it was intended to do.  Instead of bringing in the best and brightest, it is actually expediting outsourcing by creating a revolving door for outsourcing companies such as Wipro and Infosys.

Washington is run by twenty-year olds

Last week, IEEE engineers ascended on Capitol Hill looking for Senate and House leaders who will honestly confront the H-1B Guest Worker program head-on.  They spent their time targeting members of the Judiciary Committees in the House and Senate but spoke to any member of congress who would listen.  Many engineers spoke directly to Senators and House members but most were only able to speak with staffers. 

Most congressional staffers are in their twenties or early thirties.  They work very hard and earn next to nothing. They are continuously busy planning and conducting meetings with lobbyists and constituents as well as performing many other important functions.  They are the ones doing most of the actual grunt work on Capitol Hill.  You can tell by the focus in their eyes, that these are some of the best and brightest young people America has to offer.   The inside joke in D.C. is that "Washington is run by twenty-year olds".  Most of them appear to be doing an exemplary job though, adroitly handling multiple tasks concurrently while remaining acutely aware of proceedings around them.

American engineers finally face the 110th Congress

Some meetings are held in private offices and meeting rooms, while others are just held at the nearest private area to speak.  Afterwards, the engineers-turned-lobbyists leave behind documents to back up their views which are appropriately called, "Leave-behinds" and exchange business cards and email information to follow up.

The following is a sampling of feedback received from just some of the IEEE-USA members, sorted by state. 

FLORIDA

Senator Nelson's (D-FL) Legislative Counsel was particularly attentive and understanding.  He showed a capability to instantly focus on a variety of issue details, undistracted as Wesley Clark walked by and stepped into Barack Obama's office next door.

Senator Mel Martinez's (R-FL) office sent an inexperienced junior staffer who was less receptive, abruptly attempting to cut short the conversation several times.  She responded by restating that the Senator was "in favor of raising the cap" and she was not eager to explore IEEE-USA's solutions.   To be fair, perhaps a more senior staffer would have better representated the Senator's position .  Future blogs will follow up with Senator Martinez's office to obtain a more accurate and robust response.

Representative Debbie Wasserman's (D-FL) Communications Director and Legislative Counsel were both eager to discuss the issue and to follow up.  Her office is well-staffed and overcrowded.  We had to pass chairs over our heads just to find a place to speak in the staff cubicle area which actually made the whole experience more cozy and personal.

WASHINGTON

Senator Patty Murray's (R-WA) Legislative Assistant debated in favor of the H-1B program at first, but tended to appreciate the IEEE-USA position of immigration over guest worker programs. He was a sharp, eloquent young man, who seemed genuinely concerned about abuses under the current program and receptive to solutions.

Representative Jay Inslee's (D-WA) Legislative Assistant, Beth was so helpful that she patiently discussed every issue until, after about an hour, almost all aspects were thoroughly addressed.  She was bright and extremely knowledgeable about the subject.  She was virtually a one-person harbinger of hope for the future of American engineering.

Representative David Reichart's (R-WA) staffer's father was an engineer at Boeing.  She was in-tune with the issues and very interested in the IEEE-USA solution.  Above all, she understood the plight of the ordinary engineer.

NEW YORK

Unfortunately, Senator Clinton's (D-NY) office did not meet with any IEEE engineers.  Neither Clinton nor any of her staffers were made available to speak with IEEE members.

Representative Peter King (R-NY) took the time to personally meet IEEE-USA engineers and appeared receptive to IEEE-USA's solutions.  He even took the time to pose for pictures.

Senator Schumer (D-NY) and Congressman Ackerman (D-NY) sent aides to meet with two IEEE members from New York who perceived their responses completely differently.  One IEEE member said, "They (the aides) gave no response. They simply took notes on what was told to them. I perceived no feedback whatsoever".   However the other IEEE member said that the Counsel to Senator Schumer and Congressman Gary Ackerman’s Sr. Legislative Assistant were very attentive and "the response to keeping the 65,000 cap while fixing H-1B problems and expanding green card programs was well received".  But the IEEE-USA's legislative representative was also at that meeting and he felt the representatives sent their top aides, which is a very good sign of respect, and they were silent only because they were closely listening.  As you might expect from a couple of guys from New York, it seems the IEEE members were talking so much the whole time, they barely allowed a response from the attentive staffers - Big surprise :-)  Future blogs will follow up with Senator Schumer's office to address his interest in middle-class issues such as this.

VIRGINIA

Senator Warner's (R-VA) staffer was very receptive and showed awareness of the hot topic.  One IEEE member had a lot to say about the experience:

I particularly think I ended up in a very well balanced group… 4 people, two senior executives… a man (second generation of Indian immigrants) and myself (triple minority, woman, Hispanic and electrical engineer)… I myself can't believe yet I visited the US senate last week and I had to juggle child care at the last minute in the morning to be able to attend the three meetings.  My particular thoughts are: Where is the young generation of engineers?

NEW JERSEY

The staff member from Senator Lautenberg's (D-NJ) office seemed genuinely interested in the H-1B issue, but not particularly knowledgeable on the subject. The senior staffer who was scheduled for the meeting was unavailable, perhaps since the bill was not introduced.

Senator Menendez' (D-NJ) staff member "did not emit a positive attitude and seemed to just go through the motions", reported one IEEE member.  Future blogs will attempt to obtain Senator Menendez' official position for this upcoming bill.  It is possible that the staffer just had a bad day.

Another IEEE member happily reported, "Congressman Pascrell's (D-NJ) office was prepared for our visit, and the staff member gave us a reasonable level of attention.  He seemed genuinely interested and wanted to be helpful".  It's worth noting that Rep. Pascrell introduced an H-1B reform bill last year and will be doing so again this year.  He is one of IEEE-USA's best friends on the Hill. 

TEXAS

Senators Hutchison (R-TX) and Cornyn (R-TX) each sent a staffer who was bright and knowledgeable.  An IEEE member from Texas noted, "It was encouraging that both staffers understood the issues and expected the Senators to address them". 

Rep. Lamar Smith (R-TX) sent a staffer who was unaware of the issue but listened and took notes.  He said he would get the package (IEEE-USA "Leave-behinds") to the right person.

MICHIGAN

An IEEE member from Michigan spoke with staffers from the offices of Senators Carl Levin (D-MI) and Debbie Stabenow (D-MI), and also with staffers of Representative John Dingell (D-MI).  He was well-received and seemed optimistic about the future:

They asked enough questions and talked enough to extend all three meetings to about 30 minutes. They all indicated that their legislator was aware of the concern and would generally support our position.  Unemployment in Michigan is such that they would not want to put any voters out of work by letting in more guest workers.  I will try to follow up with these staffers at the time any legislation is being formulated.

Overall, many staffers were receptive and especially alarmed to learn that foreign companies have been using the H-1B program to facilitate outsourcing.

A special thanks to all the IEEE members who took the time and energy to participate in the 2007 IEEE-USA Career Fly-In.  It was a tedious and thankless task, but one that they will most likely tell their grandkids all about.

Disclaimer

The above are just the impressions and opinions of IEEE members resulting from a short visit to offices in congress.  Of course, not all engineers and professionals agree with the position of IEEE-USA, their members or this author. 

Some activists have even suggested that IEEE engineers are being used as pawns by big business owners who have pressured the institute to push for more EB and F-4 visas.  Others will say that we should widely open our doors through unlimited guest worker as well as legal immigration programs for all high-skilled professionals.

Not everyone can be happy with any solution, but at least IEEE-USA succeeded in proposing a comprehensive immigration solution for one immigration issue, whereas McCain and Kennedy have simply given up.

2007 H-1B Battle scorecard

In round 1, an increase to the cap was averted when Senator Boehner (R-OH) failed to slip an increase into the unrelated India-Nuke bill.

In round 2, the CIS reported that the cap was exceeded by over 75,000 visas for the last two years, while President Bush campaigned for expanding the program.

In round 3, Senator Kennedy attempts to slip an increase to the cap into the unrelated Minimum Wage bill.

In round 4, Bill Gates is the sole-testifier to congress about high tech immigration, while IEEE-USA steps into action by organizing engineers and developing political solutions.

Now, in round 5, politically active engineers and scientists appeal in-person to their representatives on Capitol Hill with fair solutions and are relatively well-received.  All engineers ever wanted was a fair fight and it looks like they might just get it.

Momentum is finally with the engineers as other large organizations such as the AFL-CIO and the CWA are also coming out against the H-1B program.  Sonia Ramirez, from the AFL-CIO, said they would like the bill to put "the onus on the employer to demonstrate that there is a labor shortage".

Major news outlets other than only CNN and Lou Dobbs are beginning to report on problems associated with the H-1B guest worker program.

But all may be lost if, once again, another attempt is made to slip an increase into another unrelated bill before April 1st when next year's H-1B applications commence.  The difference this time is, voters are watching.

Stay tuned for more battle coverage.  This fight is just starting to get interesting.

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