Legislative Session
Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, as we go forward in this new session of Congress, I would hope very much that there will be a serious focus on the crises facing the…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, as we go forward in this new session of Congress, I would hope very much that there will be a serious focus on the crises facing the working families of our country. We are the wealthiest nation on Earth. In fact, we are the wealthiest Nation in the history of the world. Yet, today, we have more income and wealth inequality than we have ever had. Sixty percent of our people live paycheck to paycheck. The life expectancy of working people is far below that in other wealthy countries. Eighty-five million Americans are uninsured or underinsured. Some 800,000 Americans are homeless. Twenty-five percent of seniors are trying to survive on $15,000 a year or less. We have the highest rate of childhood poverty of almost any major nation on Earth. Further, we remain, shamefully, the only wealthy country not to guarantee healthcare to all people as a human right.
Meanwhile, while working families struggle to put food on the table and pay their bills, the wealthiest people in our country have never, ever had it so good. We are now in the absurd situation, the grossly unjust situation, where the 3 wealthiest people on top own more wealth than the bottom half of American society, some 170 million people. The 3 people on top have more wealth than 170 million on the bottom. That is not what America is supposed to be about.
In truth, there are a number of reasons why we are living in a nation today where the wealth of the billionaire class is exploding while the working class of our country struggles to keep their heads above water. There are many causes as to why, despite a huge increase in worker productivity, real weekly wages for the average American worker are less today than they were 50 years ago--real weekly wages are less than they were 50 years ago--and why, during that period, there was a $50 trillion transfer of wealth from the bottom 90 percent to the top 1 percent.
Now, a lot of the reasons as to why the very rich are becoming richer and working-class families are struggling have to do with disastrous trade policies which have resulted in the loss of millions of good- paying jobs. The failure of Congress to raise the minimum wage to a living wage is another reason why millions and millions of workers today are forced to try to survive on starvation wages. Furthermore, we are seeing and have seen aggressive and often illegal union-busting activities on the part of major employers. All of those reasons, and more, are issues that we have to deal with.
Today, I want to focus on one more reason as to why the working class of this country is struggling, and that has to do with the H-1B guest worker program.
Elon Musk, the wealthiest man in the world, with a net worth of nearly $430 billion, and other multibillionaires in the high-tech industry claim that the H-1B Federal guest worker program is vital to our economy because of the scarcity of highly skilled engineers and other technology workers in the United States. In other words, what they say is that they are trying desperately to find highly skilled American workers to do their jobs; just can't find them; just not there.
In my view, Musk and the other billionaires who are strongly supporting the H-1B Program are dead wrong. American workers are there; they are just not looking for them.
In my view, the main function of the H-1B Program is not to hire the best and the brightest. That is the theory--we have to bring in the best and the brightest to help our companies function and grow wealth in America. That is the theory, but in truth, the reality of what the H-1B Program is, is to replace good-paying American jobs with hundreds of thousands of lower paid guest workers from abroad who are often treated as indentured servants. The cheaper it is to hire guest workers, the more money the multibillionaire owners of large corporations make. In other words, this program is not only grossly unfair to American workers; in many ways, it is unfair to foreign workers as well.
According to the Economic Policy Institute, between 2022 and 2023, the top 30 companies using the H-1B Program laid off 85,000 American workers while simultaneously bringing in over 34,000 guest workers from abroad.
In 2019 and 2020, 85 percent of H-1B visas were awarded to entry level and junior guest workers, who are paid between 20 to 40 percent less than American workers in similar occupations.
So, No. 1, it is simply not true that the H-1B Program focuses on the very rare and highly skilled workers that American companies cannot find. Eighty-five percent, to repeat, of H-1B visas were awarded to entry level and junior guest workers, and they are paid 20 to 40 percent less than American workers in similar occupations.
Let me just give you a few examples as to how unfair the H-1B Program is. In Dallas, TX, H-1B software developers are making $44,000 less than American workers doing the exact same job. This is information from the U.S. Department of Labor.
In Houston, TX, H-1B accountants--I did not know, to be honest with you, that we had a scarcity in accountants, but be that as it may, H-1B accountants are paid nearly $40,000 less than American accountants doing the exact same work.
In Santa Barbara, CA, H-1B workers who are hired as computer system engineers make just $45,000 a year. Does that sound like the kind of salary that would bring forth some extremely, highly skilled people for jobs that American workers cannot fill? Madam President, you tell me. Why would a corporation hire an American computer systems engineer at a salary of $110,000 a year when it is $65,000 cheaper to hire an H-1B worker for that same exact position?
That is basically what this whole debate is about, and that is that large corporations are paying foreign workers substantially lower salaries than they are paying American workers. Madam President, if you want to know why multibillionaire owners of high-tech companies love the H-1B Program so much, that is the reason why. They are using this program to substantially undercut the wages of American workers.
Moreover, there are estimates that as many as 33 percent of all new information technology jobs in America are being filled by guest workers. According to the Census Bureau data, there are millions of Americans with advanced degrees in science, technology, engineering, and math who are not currently employed in those professions. In other words, we tell kids ``Go out and get involved in STEM work. Become a scientist. Become an engineer. Become a mathematician,'' whatever, and then we bring in people from abroad to fill the jobs they were educated to do.
Adding insult to injury, half of the top 30 H-1B employers are companies whose major function in life is to outsource jobs, known in the industry as body shops. In other words, the same companies that are involved with supplying American companies with cheap foreign labor at home are the same exact companies that provide even cheaper labor to corporations when they move abroad. They are two sides of the same coin.
Madam President, if there is truly a major shortage of skilled tech workers in this country, as Elon Musk and others have argued, why did Tesla lay off over 7,500 American workers last year, including many software developers and engineers at its factory in Austin, TX, while, at the same time, applying to hire thousands of H-1B guest workers? If these jobs are only going to the ``best and the brightest,'' why has Tesla employed H-1B guest workers as associate accountants for as little as $58,000 a year, associate mechanical engineers for as little as $70,000 a year, and associate material planners for as little as $80,000 a year?
I will admit, I am not a rocket scientist. But, to my mind, those occupations don't sound like highly specialized jobs that are primarily for the top 0.1 percent, as Mr. Musk claimed last month.
If this program is really supposed to be about importing workers with highly advanced degrees in science and technology, why are H-1B guest workers being employed as fashion models, lawyers, dog trainers, massage therapists, cooks, and English teachers? One might think that, in the United States of America, we could find English teachers and not need to bring in people from abroad. Further, does anyone really believe that in America we do not have enough lawyers and need to bring in more attorneys from abroad?
At a time of massive income and wealth inequality, we need fundamental changes in our economic policies. We need an economy that works for all, not just the few. And one small but very important way forward in that direction is to bring about major reforms to the H-1B Program in order to benefit American workers.
That is why I have filed an amendment to the Laken Riley bill that we are debating this week that will do just that. I hope very much that the leaders agree on allowing that amendment to be debated and voted upon. Let me very briefly describe what this amendment does in terms of reforming the H-1B Program.
First, this amendment would double the major H-1B fee that corporations pay before they can hire guest workers from abroad. This provision would generate over $370 million in revenue each year. And what would we use that revenue for? Well, it would be used to provide nearly 20,000 scholarships each and every year for American students pursuing advanced degrees in science, technology, engineering, math, and other fields vital to the competitiveness of our Nation.
If the Members of this body truly believe we need H-1B visas in order to compensate for a shortage of skilled American professionals, this amendment will attract tens of thousands of America's best and brightest young people into those fields.
Second, this amendment requires corporations to substantially increase wages for the jobs they need before they would be allowed to hire H-1B guest workers. Specifically, this amendment would raise the prevailing wage for the H-1B Program to at least the median local wage. In other words, if the H-1B Program is truly meant for ``the best and the brightest,'' it should not be used as a tool to undercut the wages of highly skilled American workers. And that is what this amendment would prevent.
Third, this amendment would prohibit corporations from replacing laid-off American workers with H-1B guest workers from overseas. Corporations that are engaged in mass layoffs should not be allowed to replace American workers with guest workers.
Finally, this amendment would prevent corporations from treating H-1B guest workers, for all intents and purposes, as indentured servants.
Under current law, H-1B guest workers are often locked into lower paying jobs and can have their visas taken away from them by their corporate bosses if they complain about dangerous, unfair, or illegal working conditions. That is unacceptable, and that has got to change. This amendment would make H-1B visas portable and give guest workers the ability to easily change jobs.
Mr. Musk and Mr. Ramaswamy and others have argued that we need a highly skilled and well-educated workforce. I agree. But the answer is not to bring in cheap labor from abroad through the H-1B Program. The answer is to hire qualified American workers first and to make certain that we have an education system that produces the kind of workforce that our country needs for the jobs of the future.
The bottom line: It must never be cheaper for a corporation to hire a guest worker from overseas than an American worker at home. And that is what this amendment is all about.
Let's be clear. Thirty years ago, the leaders of corporate America, the political establishment in both major parties, and the editorial boards of the most influential papers in our country told us not to worry about the loss of millions of blue-collar manufacturing jobs that would come as a result of unfettered free-trade agreements like NAFTA and permanent normal trade relations with China: Don't worry about the loss of those jobs.
And the reason they told us not to worry is that that job loss would be more than offset by the many good-paying, white-collar information technology jobs that would be created in the United States.
Yes, they said, you lose blue-collar manufacturing jobs, but not to worry. We will create zillions of good-paying, white-collar information technology jobs.
I, personally, was a Member of Congress at that time and never believed that. And I helped lead the effort against NAFTA and PNTR with China. Unfortunately, I and the many others who opposed those trade agreements were proven correct. NAFTA and PNTR cost us millions of good-paying manufacturing jobs as large corporations shut down here in America and fled to China, Mexico, and other low-wage countries in search of cheap labor.
And what about all of those great high-tech jobs that supposedly were going to be created? Well, that didn't quite happen either.
As a result of the H-1B guest worker program and other guest worker programs, major corporations are now importing hundreds of thousands of lower paid guest workers from abroad to fill the white-collar technology jobs that are currently available.
In other words, heads, billionaires wins; tails, American workers lose.
In my view, we can and must change that reality. A good place to start
would be to pass this amendment and put American workers first. Multibillionaires and Big Tech should not be allowed to hire guest workers to fill entry-level and mid-level information technology jobs. Those jobs should be going to American workers who have, among other things, the constitutional right to form unions and collectively bargain for better wages, benefits, and working conditions.
Madam President, I will be asking for a rollcall vote on this amendment, and I hope very much we can get it to the floor. In my view, the time has come for the American people to know which side their Senators stand on this issue.
In order to accomplish that goal, I very much appreciated the statement Majority Leader Thune gave on the floor of the Senate last November about the need for more amendment votes in the Senate. Here is what the majority leader said on November 14 with respect to the amendment process:
[A]ll Members of the Senate--and not just the Members of a
particular committee--should have a voice in final
legislation through amendments on the floor. Members should
assume that amendment votes will be the norm. That will mean
taking tough votes at times, but that is part of our jobs.
I would very much agree with Majority Leader Thune. The truth is that, in the past, whether it has been Republican leaders or Democratic leaders, no one debates that the amendment process has been thwarted. I hope we will see a new opening here where people will be allowed to offer amendments and take up votes. That is what we were elected to do.
I yield the floor.