CR Fails, Sen. Banks introduces legislation to protect American workers

Earlier today, the House of Representatives passed a "clean" continuing resolution (CR), setting up a showdown in the Senate over federal funding. Today's vote would extend funding from September 30 until mid-November, theoretically giving Congress time to pass funding bills for each agency. 

Shortly after the House passed the bill, the Senate blocked its consideration (44-48), on a vote that needed 60.

Both the House and Senate are out of session next week for Rosh Hashanah and will only be in session for two more days before the September 30th deadline. Of course, that could change if an agreement is reached before then.

SEN. BANKS INTRODUCED LEGISLATION TO REFORM H-1B VISAS

Sen. Jim Banks (R-IN) introduced the American Tech Workforce Act (S. 2821) this week, which would make significant reforms to the H-1B visa program and help protect American tech workers and recent college graduates from competition with foreign workers. Your team at IAP worked with Sen. Banks on this legislation.

The American Tech Workforce Act would:

• End the Optional Practical Training (OPT) program;
• Establish a $150,000 wage floor for all H-1Bs;
• Limit H-1Bs working for a third-party to 1 year; and
• Prioritize the awarding of H-1Bs based on the wage level offered, rather than the current lottery system.

The H-1B visa program provides 65,000 guest worker visas each year to foreign workers to fill higher-skilled jobs. It provides an additional 20,000 visas per year for foreign workers with a master's degree, and an unlimited number of visas for foreign workers employed at an institution of higher education or an affiliated or related nonprofit entity, a nonprofit research organization, or a government research organization. (See our fact sheet here.)

The OPT program enables recent foreign graduates from U.S. colleges or universities to stay in the United States and secure employment in their field of study after graduation at a discounted rate, as they and their employers are exempt from FICA taxes. It often serves as a bridge to the H-1B visa program. (See our fact sheet here.)

TRUMP ADMIN. EXPECTED TO ANNOUNCE CHANGES TO H-1Bs

Pres. Trump is expected to announce that his administration will make reforms to the H-1B program, including increasing the application fee to $100,000. Once in effect, it should help deter some of the employers who use the program simply for cheaper foreign workers.

Immigration Articles

House passes bill to increase penalties for illegal entry into US
The Stop Illegal Entry Act passed the House this week with bipartisan support (226-197). Formerly known as “Kate’s Law,” the bill increases penalties for illegal entry and reentry after removal, and establishes mandatory minimums for reentry for aliens with serious criminal histories. It now advances to the Senate.

DHS 287(g) Reaches More Than 1,000 Partnerships with State and Local Enforcement to Help Remove the Worst of the Worst Criminal Illegal Aliens
A major milestone was hit this week, as more than 1,000 state and local law enforcement agencies in 40 states have signed up for the DHS 287(g) program. Those agreements vary based on three distinct models; however, the bottom line is that these jurisdictions have officially signed up to assist ICE in its mission to enforce immigration law. ICE noted in the release that the One Big Beautiful Bill Act has allowed them to create a reimbursement program, further incentivizing cooperation with ICE. 

Nationwide Encounters for August Remain Flat

After unofficial leaks about August encounters increasing slightly, we can now see just how slight the increase is. Encounters of illegal aliens have remained effectively flat since February, which is a fantastic sign.

Next Week

The House and Senate are out next week, but discussions on government spending will continue.