Communications Workers of America
Communications Workers of America: "4. Lay-off protections
Current Problem:
So-called safeguards to prevent employers from laying off U.S. workers and hiring H-1Bs are ineffective and limited to the employer's actions over a 90 day period prior to the hiring of the H-1B.
Possible Reforms:
* Apply anti-layoff protections to all H-1B employers.
* Extend no-layoff protections from ninety days to six months for all H-1B employers.
* Laid-off H-1B workers must return to their country of origin within 60 days of their unemployment; prevent the misuse of the 'portability' of H-1B visas so that they are not used by the guest worker to look for other employment.
5. Employer attestations
Current Problem:
Employer attestations regarding their so-called 'good faith' efforts to recruit U.S. workers are laughable. Employers establish qualifications and skills sets that are most often tailored to a specific guest worker. Attestations regarding the payment of the prevailing wage are equally insufficient.
Government Studies:
'Employers specifically tailor advertised job requirements to aliens' qualifications. The jobs' education and experience requirements were based on the aliens' qualifications, not on the skills required to perform the work.'"
