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AJR-12 H-1B Visa program: investigation of misuse.(2015-2016)

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Amended  IN  Assembly  June 29, 2015
Amended  IN  Assembly  May 26, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Joint Resolution
No. 12


Introduced by Assembly Members Eduardo Garcia, Brown, and Roger Hernández
(Coauthors: Assembly Members Chiu, Cristina Garcia, Gonzalez, and Rendon Rendon, Alejo, Atkins, Bloom, Bonilla, Bonta, Calderon, Campos, Chau, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Frazier, Gatto, Gipson, Gomez, Gordon, Gray, Holden, Irwin, Jones-Sawyer, Levine, Lopez, McCarty, Medina, Mullin, Nazarian, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, and Wood)

March 24, 2015


Relative to the H-1B Visa program.


LEGISLATIVE COUNSEL'S DIGEST


AJR 12, as amended, Eduardo Garcia. H-1B Visa program: investigation of misuse.
This measure would urge the United States Department of Labor and the Congress of the United States to investigate alleged misuse of the H1-B Visa program.
Fiscal Committee: NO  

WHEREAS, The H-1B Visa program allows businesses to temporarily hire highly skilled foreign workers with specialized knowledge where a qualified United States worker cannot be found; and
WHEREAS, The H-1B Visa program was never intended to be used as a catalyst for laying off United States’ workers and replacing them with H-1B workers; and
WHEREAS, The granting of H-1B Visas should never result in the creation of a virtual pipeline for outsourcing United States workforce jobs; and
WHEREAS, California’s average unemployment rate in January 2015 was 6.9 percent with Imperial County’s unemployment rate being 20.6 percent; and
WHEREAS, Some companies are misusing the federal H-1B Visa program, including the documented misuse by one California public utility to replace 400 California workers; and
WHEREAS, Senate Bill No. 477 (Chapter 711 of the Statutes of 2014) seeks to end the exploitation of foreign, temporary, nonimmigrant workers brought to California under various federal work visa programs; and
WHEREAS, Displaced American workers are being exploited through the misapplication of the H-1B Visa program; now, therefore, be it
Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the United States Department of Labor and the Congress of the United States to investigate this alleged misuse of the H1-B Visa program; and be it further
Resolved, That any company that has engaged in this improper practice is urged to immediately cease the practice of replacing California employees with foreign workers under this, or any other, program; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, the Minority Leader of the Senate, and each Senator and Representative from California in the Congress of the United States.