What is not laid out in the proposed legislation is what the Labor Department waiver process would look like. If applying for the waiver proves arduous or outsourcing clients are unwilling to make testaments about their workforce plans and relationship with their outsourcing provider, the outsourcer would indeed have to employ American workers or green card holders in positions at their client sites. However, "if the process is fairly prompt, the impact would not be significant if the sourcing arrangement is augmenting capacity rather than replacing U.S. workers," says Stern.
Many rank-and-file IT professionals laud the legislation. "The Durbin bill will put a stop to the outsourcing of American jobs and the discrimination against American IT professionals," says Donna Conroy, a former IT professional and director of Bright Future Jobs, a grassroots lobbying group for American IT workers. "This bill was written for us."
Each provision is important to Conroy and her group's constituents -- an end to "H-1B only" job ads and caps on the total percentage of H-1B professionals on staff in a company. She adds, "But the stealth provision -- preventing body shops from farming out their visa workers -- will, in effect, end the despicable practice of forcing us to train our foreign replacements."