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July 13, 2021

Dear Chairwoman Lofgren and Ranking Member McClintock, 

On behalf of the 24 national unions in the Department for Professional Employees, AFL CIO (DPE), I wish to share our perspective on how U.S. immigration policies affect the  country’s professional workforce and the ability to attract international talent. 

The topic of today’s hearing is directly relevant to DPE’s affiliate unions, which  represent over four million professional, technical, and other highly skilled workers. The  members of DPE’s unions come from a diverse array of backgrounds, nationalities, and  immigration experiences. Within our coalition are U.S. citizens, permanent residents, DACA  beneficiaries, and professionals working on an array of temporary nonimmigrant visas - including F, J, H, O, and P visas. Members of DPE affiliate unions are professionals employed in  nearly every industry as well as international graduate employees wanting to continue working in  the United States. 

DPE has long advocated for fundamental reforms to the U.S. immigration system to  ensure enforceable workers’ rights and labor standards in any visa program affecting  professionals. We oppose low road immigration policies that benefit corporate interests by  allowing differential treatment of workers as a source of cheap labor, and we support smart  policies that ensure all working people can earn a fair return on their work. DPE’s guiding belief  is that U.S. immigration policies must work for professionals, and not just employers.

That is why DPE supports the Keep STEM Talent Act. Introduced in the House last  Congress by Reps. Bill Foster (IL) and Eddie Bernice Johnson (TX), this legislation offers a high  road approach for allowing talented graduates from U.S. colleges and universities to continue  contributing to the American economy while ensuring that they can earn a fair return on their  work. Under this legislation, international graduates who have earned STEM advanced degrees  from American universities are exempt from the annual green card caps so long as their  employers receive approved labor certifications and pay them above the median wage level for  the occupation and geographic area. By offering in-demand graduates a direct path to  permanence, rather than forcing them to accept precarious, temporary visas, this approach  reinforces the professionalism of the STEM workforce and affords individuals agency in the  labor market. DPE urges the Subcommittee to consider this legislation as it considers how  immigration policies can attract talent to the United States.  

DPE’s commitment to a high-road immigration system is also why we advocate for  policies that empower professionals. DPE supports allowing professionals to self-petition for  permanent status and providing labor market mobility to individuals with approved I-140s. DPE also advocates for prohibitions on “breach fees,” the far too common practice of employers  requiring employees to sign one-sided contracts with enormous financial penalties that  effectively bind these professionals to their jobs in exchange for sponsoring them for permanent  status. DPE believes the Subcommittee should pursue these reforms so that the world’s talent  will feel certain that they will not face employer coercion if they come to work in the United  States. 

DPE also supports improvements to tracking the education to workforce pipeline.  Underpinning the focus of this hearing is the question of the supply of available, qualified  professionals in the United States. This Subcommittee, and the Congress as a whole, should have  the most accurate statistical picture possible. It is not enough to take the corporate lobby at its  word. After all, DPE has watched in recent years too many employers claim they cannot find  qualified workers, only to layoff their employees, including members of our unions, and require  them to train their foreign replacements as a condition for their severance. 

While federal and state efforts have made strides to better track the education to  workforce pipeline, Congress can and should take concrete steps to improve STEM education  and workforce research and data and to assist workers, employers, and educators make informed  decisions.1 Currently, national surveys by the Census (Community Population Survey) and  Bureau of Labor Statistics (Occupational Employment Statistics Survey) are the basis for  identifying education and occupation trends. While the surveys provide valuable and suitable  information for a variety of purposes, the data produced does not effectively identify state,  regional, and national trends for STEM education and the STEM workforce. 

Unemployment Insurance (UI) wage records, which are filed on a quarterly basis by  employers, provide a picture of industry employment and separations, hours worked, and wages.  However, UI records are currently a missed opportunity to capture accurate and dynamic occupational data. Done correctly, the inclusion of occupational data in UI wage records would  give policymakers, education systems, and all stakeholders insight to national, regional and local  labor markets. Enhanced UI wage records could connect credentials and training to specific  occupations and provide career mapping information over the course of changes and shifts to the  economy. 

Following the recommendations of the U.S. Department of Labor’s Workforce  Information Advisory Council, Congress should make a strong federal policy commitment  toward a phased‐in, well‐managed and properly funded process for collecting and analyzing  high‐quality occupation data via states' UI systems' wage records. This policy commitment  should be supported with increased funding for research and IT needs at the various state  agencies performing education and workforce analysis. Finally, the benefit of overhauling and  aligning UI records to provide occupational data should be articulated to the business  community, education systems, and workers and students in the education-to-workforce pipeline  and those in career transition.

In sum, professionals need and expect coherent immigration policies to lift labor  standards and protect all workers, regardless of their immigration status. If Congress wants to  welcome the world’s talent and recognize their contributions to our economy, it should  understand the need and identify ways to ensure that these individuals are able to earn fair,  family-supporting pay in an environment free from coercion. That means pursuing a high-road  approach to immigration that puts professionals first by lifting wages, promoting worker  empowerment, and ensuring that they can exercise their workplace rights free of retaliation or  coercion. DPE stands ready to work with the Subcommittee to pass immigration reform that  meets this mark. 

If you have any questions, please contact DPE Assistant to the President/Legislative Director, Michael Wasser at mwasser@dpeaflcio.org or (202) 638-0320. 

Sincerely, 

Jennifer Dorning, President