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Creating More Red Tape to Employ Foreign Workers

On November 19, 2009, Senators Bernie Sanders (I-Vt.) and Charles Grassley (R-Ia.) introduced the Employ America Act (S. 2804).  The Act would require employers to certify they have not laid off, nor will lay off, a large number of employees before they are allowed to employ foreign workers in the United States. Under the Act, the Department of Homeland Security would be prohibited from approving any employment visa filed by an employer, unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that it: (1) has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification (WARN) Act during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and (2) does not intend to provide a notice of a mass layoff pursuant to the Act.

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