From: correspondence_reply@mailout.senate.gov Sent: Friday, November 04, 2005 12:15 PM Subject: Correspondence from Senator Reid November 4, 2005 Mr. [name removed] Las Vegas, Nevada Dear [name removed]: Thank you for contacting me regarding a proposal to increase the number employment-based visas. I appreciate hearing from you. As you know, noncitizens who wish to come to the United States to work must obtain employment-based visas. One example is the H-1B visa, which is available to workers with professional specialties. The number of H-1B visas available is capped. In recent years, this cap has been reached immediately after the visas were made available. A provision was added to S. 1932, the Deficit Reduction Omnibus Reconciliation Act of 2005, by the Senate Judiciary Committee to recapture unused visas in order to raise funds. The Judiciary Committee was charged to identify $300 million in either cuts or revenue increases. Individuals receiving these visas will have to pay hundreds of dollars in additional recapture fees. On November 2, 2005, Senator Byrd (D-WV) offered S.Amdt. 2367, which would have repealed the Judiciary Committee's provision and substitute a different provision to raise revenue. This amendment failed by a vote of 14 - 85. The Senate passed the underlying bill, S. 1932, by a vote of 52 - 47 on November 4, 2005. Differences between the House and Senate budget reconciliation bills will be addressed by a conference committee soon. I have noted your concern about the impact of this proposal on American workers. I believe that the technical and professional growth of American workers must be one of the paramount concerns for Congress. We need to do a better job of providing training and educational opportunities so that we do not lose our competitive edge and economic and technical prowess. This mandate impacts all Americans, and I am committed to it. For this reason, I support legislation (S. 14) to expand training opportunities for American workers, provide health insurance coverage during retraining, and eliminate the tax incentives which reward companies who outsource jobs. It is important to note that the employment-based visas programs contain protections for American workers. For example, employers who make extensive use of foreign workers must try to find U.S. workers before they can hire an H-1B worker. They must attest that they are not using an H-1B visa if they have laid off or displaced a U.S. worker. Employers who fail to comply with these and other requirements are subject to investigation, civil and administrative penalties, payment of back wages, and other punishments. Additionally, the a portion of the fee charge for an H-1B visa is used for a training program for U.S. workers. Please be assured that your views on this subject are important to me. I will keep them in mind when the Senate votes on S. 1932. Again, thank you for taking the time to share your thoughts with me. For more information about my work for Nevada, my role in the United States Senate Leadership, or to subscribe to regular e-mail updates on the issues that interest you, please visit my Web site at http://reid.senate.gov. I look forward to hearing from you in the near future.