WASHINGTON --- Senate Judiciary Committee Chairman Chuck Grassley of Iowa is expressing concern that the Obama administration is proposing expanding employment benefits to foreign students in the Optional Practical Training program despite the fact that the Government Accountability Office says it's susceptible to abuse and requires additional oversight.

In a letter to Department of Homeland Security Secretary Jeh Johnson, Grassley wrote, "The proposed new regulations, while still being internally discussed, are irresponsible and dangerous considering the Government Accountability Office report issued in March 2014 finding that the program was full of inefficiencies, susceptible to fraud, and that the Department was not adequately overseeing it."

Currently, foreign students are authorized to work for a 12-month period after graduation from a U.S. degree program.  Foreign students graduating from Science, Technology, Engineering and Math (STEM) degree programs are granted an additional 17 months of employment.  The legality of the STEM Optional Practical Training extension regulations is currently being challenged in federal court.

The Department's proposal would increase the extension period from 17 to 24 months and allow students to benefit from such an extension twice in their academic career.  A student who graduates from a STEM bachelor's degree program could work for up to three years after graduation in student status, then go on to get a master's degree and work for three more years after that.  Thus, under the proposed new regulation, a foreign student could work in the United States post-graduation on a student visa for a total of up to six years, completely outside of the nonimmigrant employment-based visa programs, and their associated worker protections, established by Congress.

Grassley had requested the Government Accountability Office report after hearing concerns that employers were targeting for recruitment foreign students with Optional Practical Training and learning that there was an atypical upward trend in participation.  The report is a follow-on to previous studies about the Student Exchange Visitor Program, which the Government Accountability Office has evaluated and found serious flaws.

The report found that foreign students, sometimes aided by school officials, were abusing the Optional Practical Training program to acquire unauthorized employment in the United States.  In addition, the report said that the federal government's inability to track the foreign students in the program resulted in a national security risk.

Grassley wrote, "Instead of addressing the weaknesses of the OPT program, or addressing the legitimate criticisms of the OPT-STEM program raised in the Washington Tech Alliance lawsuit, it appears the agency is intent on doubling down on the misguided policies that triggered the GAO report and lawsuit in the first place."

Here's a copy of the letter to Johnson.  A copy of the signed letter can be found here.  Grassley's March 7, 2014, letter to Johnson can be found here.

June 8, 2015

Via Electronic Transmission

The Honorable Jeh Johnson

Secretary

U.S. Department of Homeland Security

Washington, DC 20528

Dear Secretary Johnson:

On May 28, 2015, Senate Judiciary Committee staff received a briefing from officials of U.S. Immigration and Customs Enforcement (ICE) about proposed rules affecting foreign students.  I'm concerned about the Department's plans to expand the Optional Practical Training (OPT) program, and urge you to reconsider expanding the program without adding adequate controls and safeguards.

Currently, Department regulations authorize an F-1 student who has attended an ICE-certified college, university, conservatory, or seminary on a full-time basis for at least one academic year to receive up to 12 months of employment authorization per education level.[1] In 2008, the Department published regulations authorizing a 17-month extension of the OPT period for foreign graduates of U.S. degree programs in a science, technology, engineering, or mathematical (STEM) discipline.[2] The 2008 OPT-STEM regulation is currently the subject of a lawsuit by an association of American tech workers challenging its legality.[3]

I understand, based on the May 28 briefing, that the Department is moving forward with new regulations on OPT–

(1)   allowing foreign students with degrees in STEM fields to receive up to two 24-month extensions beyond the original 12-month period provided under OPT regulations, for a total of up to six years of post-graduation employment in student status; and

(2)   authorizing foreign graduates of non-STEM U.S. degree programs to receive the 24-month extension of the OPT period, even if the STEM degree upon which the extension is based is an earlier degree and not for the program from which the student is currently graduating (e.g. student has a bachelor's in chemistry and is graduating from an M.B.A. program).

The proposed new regulations, while still being internally discussed, are irresponsible and dangerous considering the Government Accountability Office (GAO) report issued in March 2014 finding that the program was full of inefficiencies, susceptible to fraud, and that the Department was not adequately overseeing it.[4]

Putting aside the legality of the OPT program, which I have questioned, I am greatly troubled by the proposal to lengthen to a full two years the OPT-STEM extension period.  Doing that would authorize foreign STEM students to remain working in the United States after graduation, potentially for a total of up to six years, completely outside of the nonimmigrant employment-based visa programs, and their associated worker protections, established by Congress.  As the plaintiffs in the Washington Tech Alliance lawsuit  state in their complaint: "DHS's OPT regulations deliberately circumvent the statutory caps on H-1B visas ... by allowing aliens who are unable to get an H-1B visa to remain in the United States and work on an F-1 student visa instead."[5] By increasing the total amount of time a foreign student may work in OPT after each degree to 3 years  - the same amount of time that an H-1B visa would be valid - there is little doubt  that the Administration has administratively established  a de facto shadow H-1B program, in violation of Congressional intent.  OPT is meant to be a temporary training program, not as a bridge to a longer-term work visa or a way for employers to hire cheaper foreign labor in lieu of Americans or foreign workers in visa programs with prevailing wage requirements.

The GAO found numerous problems with the OPT program.  Their report found that foreign students, sometimes with help of designated school officials, were abusing the program to acquire unauthorized work.  It also found that the Department was not adequately overseeing the program and did not have adequate monitoring mechanisms in place to ensure program compliance.  In fact, it found that the Department was not tracking vital information that was necessary to ensure schools and students were following ICE regulations, such as accruing too much unemployment, completing the program within a certain amount of time, or ensuring students were engaging in work that was in their field of study.

The report also exposed a major national security problem in that the Department does not know where tens of thousands of foreign students are living and working in the country.  The GAO said that "ICE cannot fully ensure foreign students working under optional practical training are maintaining their legal status in the United States."[6] The GAO report also found that ICE does not consistently collect information as to the type and timing of foreign students' employment, thus leaving the agency in the dark as to where these students are and for whom they might be working.

Instead of addressing the weaknesses of the OPT program, or addressing the legitimate criticisms of the OPT-STEM program raised in the Washington Tech Alliance lawsuit, it appears the agency is intent on doubling down on the misguided policies that triggered the GAO report and lawsuit in the first place.

After the GAO issued its report in 2014, I wrote to you and urged you to consider issuing a moratorium on OPT approvals until the program was secured and students could be located.  I also asked that the Department swiftly move to implement the GAO's recommendations.  The Director of U.S. Citizenship and Immigration Services, Alejandro Mayorkas, responded on your behalf to my letter.  He said the Department concurred with the recommendations and was working on them.  I would like to know the status of each GAO recommendation, whether they have been fully implemented, and if not, why not.  I also strongly urge the Department to undertake additional reforms to increase oversight and improve compliance monitoring beyond what the GAO has recommended.  I want to know what specific actions the Department will take to locate students, rein in fraud and abuse, and ensure compliance.

While I realize the agency is also considering requiring certifications that the employers will not displace U.S. workers, there does not seem to be any certification contemplated that the employer has recruited or tried to find U.S. workers who may be at least equally qualified as the foreign students.  Nor will the regulations, as proposed, require substantive wage requirements in order to ensure that employers are not exploiting foreign students and thereby driving wages down for U.S. workers.

I urge you to reconsider the proposed rule for STEM students, and at a minimum, address the underlying issues with the standard OPT program.  If you do not have the appetite to cease the program altogether, as I have suggested in the past, I would encourage the Department to, at a minimum: 1) increase oversight and monitoring compliance by schools as well as foreign students and those who employ them; 2) ensure that employment is secured before any OPT is granted; 3) ensure that foreign students report any changes in employment to designated school officials and be held accountable if they do not; 4) ensure that designated school officials are notifying the Department about the whereabouts of their students, including the employer's name and location and be held accountable if they do not; 5) require that employers who hire any foreign student with OPT be enrolled in E-Verify; 6) require employers to pay a reasonable wage to foreign students with OPT; 7) require employers of students with OPT to pay a fee equal to the wage savings from not having to pay FICA payroll taxes for OPT workers, in order to level the playing field between OPT and American workers; 8) more closely bind OPT training to the student's academic course of study; 9) establish avenues for foreign students to report employer abuse; and 10) place a numerical cap on the number of foreign students who may receive a work authorization.

In addition to providing me with updates on the GAO recommendations and any other oversight measures undertaken, I request your response to each of the ten recommendations I propose above and why the Department would not include them in the regulations being considered.

Please send a response to my questions and concerns no later than June 22, 2015.  I appreciate the consideration of your views and look forward to your reply.

Sincerely,

Charles E. Grassley

Chairman

Senate Judiciary Committee

Carlos Correa's debut Monday makes him 300th player to appear for Midwest League franchise and MLB club

DAVENPORT, Iowa (June 8, 2015) - When shortstop Carlos Correa makes his major league debut for the Houston Astros in Chicago, he will become the 300th player to appear for both the Quad Cities Midwest League franchise and a major league team. To celebrate 300 Quad Cities major league alumni, $3.00 (300 pennies) will be the price of a general admission ticket to Wednesday's 7 p.m. River Bandits game at Modern Woodmen Park, where Correa led the team to a Midwest League Championship in 2013.

From a drawing during each of the nine innings of Wednesday's game, three lucky fans will win a Carlos Correa-signed baseball, three will win a Carlos Correa bobblehead, and three will win a 2013 Midwest League Champions pennant. For all fans, all-you-can-ride amusement passes are just $10 each for Wednesday's game.

The $3 tickets were announced Monday, when 3 was the River Bandits' magic number (combination of Quad Cities wins and losses by the third-place team in the Western Division) needed to clinch a playoff spot in the first half this season. The first-place River Bandits, who held baseball's best record at 39-18 through Sunday, will host the Lansing Lugnuts, the Eastern Divison first-place team Wednesday through Friday, in a series that is also a rematch of the 2011 Midwest League Championship Series.

"This Wednesday, our fans will score a triple play: they get a chance to win three great prizes, watch two first-place teams fight for playoff spots, and get great deals on tickets and amusement rides at Modern Woodmen Park," said River Bandits owner Dave Heller. "We always talk about how our fans can see the major league stars of tomorrow here at Modern Woodmen Park today. Well, this Wednesday, all you need is 300 pennies to see the club that has produced 300 major leaguers."

On Wednesday, gates open at 6 p.m. for a game themed as Jurassic Park Night. It is also Mack Orthodontics Patient Appreciation Night and a Pay Your Bill Wednesday presented by Mix 96. Two bills will be selected from a drawing and paid up to $100 by the River Bandits. IHMVCU members can save even more money, since they can get one free ticket for each ticket they purchase.

Correa will become the fourth former River Bandit to make his major league debut this season, joining Cody Stanley, Lance McCullers and Michael Feliz. Stanley, a catcher with the 2011 Midwest League Championship team, debuted for the St. Louis Cardinals May 18. McCullers, a Midwest League All-Star for the 2013 River Bandits, made his debut with Houston in May 18. Feliz, a River Bandits pitcher and All-Star Futures Game selection in 2014, made his debut for Houston May 31.

Attached to this release is the list of 300 major league players who have appeared for the Quad Cities Midwest League franchise.

UP NEXT: Gates open at 6 p.m. Wednesday for Jurassic Park Night, with all-you-can-ride amusement passes are just $10 each! The 7 p.m. game is Mack Orthodontics Patient Appreciation Night and a Pay Your Bill Wednesday presented by Mix 96. Two bills will be selected from a drawing and paid up to $100 by the River Bandits. IHMVCU members can get buy-one-get-one free tickets. Individual tickets are on sale at the River Bandits box office and online at riverbandits.com. Ticket plans of 12 to 70 games - which include free parking, reserved seats, merchandise discounts, and guaranteed giveaways - are available by calling 563-324-3000.

ABOUT THE BANDITS: The River Bandits ownership in 2014 made one of the biggest improvements to Modern Woodmen Park since the ballpark was first built back in 1931, and this year the club is matching that effort by opening three new areas in July: a new 11,000 s.f. concourse expansion down the third base line will open in July, as will a new two-tiered special group deck immediately behind and overlooking the corn field. Finally, the club is expanding the children's play area by an additional 5500 s.f. down the right field line. New rides will be announced upon completion of these new areas.

*****

The Moline Foundation awarded almost $34,500.00 in scholarships to 38 college-bound students this spring. The following scholarships were awarded:

Dolores A. Hulse-DiIulio Scholarship: Cassandra McKee, Moline High School, $1,000.00.  The scholarship provides funds to a female student graduating from Moline High School who plans to pursue a bachelor's degree in chemistry, physics, engineering or pre-medicine. McKee plans to attend Purdue University, West Lafayette, IN to pursue a degree in Civil Engineering. Mrs. Hulse-DiIulio was a chemistry teacher at Moline High School for 36 years, retiring in 1994.

Lee Womack Memorial Scholarship: Myah Cordova Ramirez, Moline High School, $1,000.00.  The scholarship provides funds to a Moline High School graduate who plans to obtain a degree in education. Ramirez plans to major in Elementary Education and Social Work at Loras College, Dubuque, IA. The scholarship was established by Womack's wife, Peggy and the Lee Womack Memorial Golf Outing Steering Committee. Annually since his death, a golf outing has been held in his memory to raise funds for a local charity.

Moline High School Class of '59: Claire VanDerGinst and William Johnson, both graduates of Moline High School, $1,000.00 each. VanDerGinst plans to major in Fashion Merchandising at Illinois State University at Normal, IL.  Johnson plans to major in Industrial Engineering at Northwestern University, Evanston, IL. The fund was established by the MHS Class of 1959 as a way to commemorate their 50th class reunion. Funds are raised by class members and volunteers through various fundraisers.

Maggie Webb Scholarship: Joshua Martel, Moline High School, $1,000.00. Martel plans to major in Business Management at Illinois State University, Normal, IL. The fund was established as a memorial to Maggie Webb, a 2001 graduate of Moline High School who was killed in December 2007 in a mass shooting at a retail store in an Omaha mall.

 

Clem T. Hanson Scholarship: Adrianna Brenny and Brett Lohmann graduates of Moline High School, and Kasey Lockett, student at BlackHawk College $1,500.00 each annually for the next four years. Brenny plans to major in Computer Science at University of Northern IA, Cedar Falls, IA. Lohmann plans to major in Mechanical Engineering at University of Wisconsin-Platteville, WI.  Lockett plans to major in Health Promotion at University of Iowa, Iowa City, IA. The fund was established through the generosity of Clem T. Hanson (1901-1985), a former Moline businessman and community leader.

DARE Scholarship: Anna Brahm, Brett Lohmann and Essence Birdsall, graduates of Moline High School,  $1,000.00 each. The scholarship provides funds to Moline High School graduates based on academic merit, good citizenship, attendance, and active involvement in school and community.  Brahm plans to major in Psychology at University of IL, Champaign, IL. Lohmann plans to major in Mechanical Engineering at University of Wisconsin, Platteville WI.  Birdsall plans to attend Northwestern University, Evanston, IL. The DARE scholarship is based upon the principles of the former DARE anti-drugs program in Moline-Coal Valley elementary schools.

Lee McAllister Scholarship:  Kaitlyn Nelson, $1,000.00.  The scholarship provides funds to a Moline High School graduate planning to major in education.  Nelson plans to major in Elementary Education at Scott Community College, Bettendorf, IA.  This scholarship was established in memory of Lee McAllister who taught in Moline School District No. 40 from 1948 to 1981.

Stan Woods Scholarship:  Joshua Martel $1,000.00.  The scholarship provides funds to a Moline High School graduate based on community involvement and leadership and academic achievement.  Martel plans to major in Business Management at Illinois State University, Normal, IL.  This scholarship was established in memory of Stan Woods who was a teacher, guidance counselor and dean of students in Moline School District No. 40.

Srikanth Yerra Scholarship: Essence Birdsall, $1,000.00.  This scholarship provides funds to a Moline School District graduate or community college student based on financial need and potential for future personal achievement.  Birdsall is planning on attending Northwestern University, Evanston, IL.  The family established this scholarship in memory of Srikanth Yerra, a 2005 graduate of Moline High School.

Hazel Van Arsdale Scholarship:  Abigail McNaught, $1,000.00. McNaught is majoring in Music Performance and plans to attend Indiana Wesleyan University, Marian IN. The scholarship provides funds to a Moline High School graduating senior based on financial need, and potential for future personal achievement.

Sherrard Academic Foundation, through the Moline Foundation, awarded five scholarships to graduating seniors from Sherrard High School. Alyssa Bradley, Milan IL,  $1,000.00. Bradley plans to major in Elementary Education and attend BlackHawk College, Moline, IL; Madison Dorbeck,, Milan IL, $1,000.00 scholarship. Dorbeck plans to major in Mechanical Engineering and attend Iowa State University, Ames, IA.

Skye Corken, Sherrard, IL, $1,000.00 scholarship. Corken plans to major in Nursing and plans to attend University of Iowa Iowa City, IA.  Isaac Goldner, Sherrard, IL, and Katelyn Mack, Viola, IL each received a $750.00 Wayne and Joyce Holdsworth Scholarship.  Goldner plans to major in Pre-Veterinary Studies at BlackHawk College, Galva, IL and Mack plans to major in Pre-Engineering and attend Black Hawk College, Moline,IL.

Ina Duncan Banks Scholarship: Kasey Lockett $1,000.00. Lockett plans to major in Health Promotion and attend the University of Iowa, Iowa City, IA. The scholarship was established in 2011.  Applicants must have successfully completed at least two years of their undergraduate work, and should be entering their junior or senior year of college.

Moline High School Class of '65: Brett Lohmann $1,000.00 Lohmann plans to major in Mechanical Engineering and plans to attend University of Wisconsin, Platteville, WI. The fund was established by the MHS Class of '65. Scholarship/Betterment program for selected MHS graduates who seek to better themselves and to contribute to society.

Chris "Spey" VanSpeybroeck Memorial Scholarship: Michael Do, Alleman High School, $1,000. Do plans to major in Biochemistry and Cellular Biology. Do plans to attend Rice University, Houston,TX. Andrea Ochoa-Raya, United Township High School, $1,000. Raya plans to major in Biomedical Engineering and attend BlackHawk College, Moline, IL.The Chris "SPEY" VanSpeybroeck Memorial is a non-profit memorial scholarship fund started in August of 2012. The primary goal of the Memorial is to educate and increase awareness of meningococcal disease and provide scholarships to graduating seniors from local Illinois High Schools who will attest to obtaining the vaccination.

William and Katherine Butterworth Scholarship:  Luke Giovanine, Cassandra McKee, Abigail McNaught and Autum Yarger all graduates of Moline High School $2,000 each annually for the next four years.  Giovanine plans to major in Environmental Engineering and attend Valparaiso University, Valparaiso, IN. McKee plans to major in Civil Engineering and attend Purdue University, West Lafayette, IN. McNaught plans to major in Music Performance and attend Indiana Wesleyan University, Marion, IN. Yarger plans to major in Biology and attend St, Ambrose University, Davenport, IA. Scholarship selection is based not only on academic achievement and financial need, but also on a student's extracurricular activities, especially in the field of art and music, and community service.

Moline Rotary Scholarship Fund:  Luke Giovanine, Nathan VanDeCasteele, William Johnson, Cassandra McKee and Brianna Rodgers, all graduates of Moline High School $1,000 each. Giovanine plans to major in Environmental Engineering and attend Valparaiso University, Valparaiso, IN. VanDeCasteele plans to major in Accounting or Finance and plans to attend University of Illinois, Champaign, IL. Johnson plans to major in Industrial Engineering and plans to attend Northwestern University, Evanston, IL. McKee plans to major in Civil Engineering and attend Purdue University, West Lafayette, IN. Rodgers plans to major in Psychology and attend Elon University, Elon, NC.  Members of  the Moline Rotary established and contribute to this fund which recognizes Moline High School seniors who have participated in a Rotary-related activity; have high academic achievement; and have excelled in a community-based project.

Anyone is welcome to contribute to any of the above scholarship funds.  The donation will be noted as a charitable contribution.

The Moline Foundation, founded in 1953, is a community foundation which provides grants to benefit health, human services, education, community development, the arts and other charitable organizations which help the citizens of Moline and the surrounding area, including the Quad Cities. The Moline Foundation encourages thoughtful giving from donors for stronger communities and better lives.

The Moline Foundation receives and administers charitable gifts in Scott County, Iowa, and Rock Island, Henry, Mercer, Warren, Henderson and McDonough counties in Illinois.

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