Durbin Passes American Workers First Amendment 71-22 On Y-Visa

Press Release

The Senate approved an amendment introduced by United States Senator Dick Durbin (D-IL) late yesterday, which closes a significant loophole in the new Y visa guest workers program. The Y visa for temporary workers allows 200,000 temporary workers annually to remain in the country for up to six years during an eight-year period. The Durbin amendment passed 71-22.

Currently, the Y-visa program's requirement to recruit an American worker first would be waived if the Labor Secretary determines that there is a "labor shortage." However, the bill doesn't define what constitutes a "shortage." Durbin's "Recruit Americans First" amendment closes this loophole by eliminating the waiver, therefore requiring employers to recruit American workers first at all times.

"The Administration has asked Congress to include a Y visa program to fill 'low-skill' jobs that Americans don't want," said Durbin. "This vote in the Senate requires American companies to give American workers the chance to apply. The only way to know what jobs Americans do or don't want is to require Americans be recruited first, and that's just what we've done."

Senator Durbin is also working to ensure that American workers are given priority when it comes to the H-1B visa program. Durbin, along with Senator Chuck Grassley (R-IA), introduced the H-1B and L-1 Visa Fraud and Abuse Prevention Act which overhauls the H-1B and L-1 visa programs. The bill also cracks down on unscrupulous employers who deprive qualified Americans of high-skill jobs. The major components of the Durbin-Grassley H-1B act were included in the Comprehensive Immigration Reform Act, currently being debated on the floor.

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