USA: New Proposal would limit Non-Immigrant hiring in the event of Employer Mass Layoffs
Excerpt:
About the Employ America Act
EAA would require employers filing temporary worker petitions to attest that they have not had a “mass layoff” in the 12 months immediately preceding the foreign worker’s proposed hire date and that they do not intend to have a mass layoff in the future. In addition, if an employer does conduct a mass layoff, all existing visas approved in the 12 months before the employer issued a “WARN Notice” would expire 60 days after the notice. Affected foreign nationals would be required to leave the United States within the 60-day period.
An employer would be exempt from the requirements of EAA only if it could show that the total number of its U.S. citizen workers would not be reduced as a result of the mass layoff.
Fragomen’s(Law Firm) Perspective
The Employ America Act is the latest proposal from Senators Grassley and Sanders, who are the strongest advocates in the Senate for more limits on foreign workers. Their bill restricting H-1B sponsorship by recipients of funds under the Troubled Asset Relief Program (TARP) and certain provisions of the Federal Reserve Act became law earlier this year. Most significantly, this latest proposal would terminate the existing employment authorization and legal status of current employees, and is therefore even more disruptive to employers than restrictions on future temporary worker petitions.
Fortunately, with comprehensive immigration reform on stand-by until at least 2010, EAA is unlikely to move forward soon. Congressional leaders have said generally that immigration legislation should wait until the immigration system can be addressed more broadly. However, the proposal could gain traction and advance as part of some other economy-focused legislation. Fragomen, along with advocacy allies, will work to voice the concerns of the business immigration community about this new proposal.
Now the good news is the law has not been passed and it has only been introduced in the Senate.