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Trump administration announces overhaul of H1B visa program requiring higher pay

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Re: Trump administration announces overhaul of H1B visa program requiring higher pay

#4
Link to DHS press release: https://www.dhs.gov/news/2020/10/06/department-homeland-secu...

Probably a better link than the WSJ submission – even though I'm a subscriber, I want the facts, and the facts seem to be hard to find

As a matter of fact, I still haven't found the actual "interim final rule" (an oxymoron if I've ever seen one), so if anyone has a link, I'd be immensely grateful

EDIT: Here's the unpublished ruling in PDF: https://public-inspection.federalregister.gov/2020-22347.pdf

One paragraph I was keen on knowing more about – and which seems pretty uncontroversial:

> Under this new rule, the petitioner will have the burden of demonstrating that there is a direct relationship between the required degree in a specific specialty (in other words, the degree field(s) that would qualify someone for the position) and the duties of the position. In many cases, the relationship will be clear and relatively easy to establish. For example, it should not be difficult to establish that a required medical degree is directly correlated to the duties of a physician. Similarly, a direct relationship may be established between the duties of a lawyer and a required law degree, and the duties of an architect and a required architecture degree. In other cases, the direct relationship may be less readily apparent, and the petitioner may have to explain and provide documentation to meet its burden of demonstrating the relationship. To establish a direct relationship, the petitioner would need to provide information regarding the course(s) of study associated with the required degree, or its equivalent, and the duties of the proffered position, and demonstrate the connection between the course of study and the duties and responsibilities of the position

Re: Trump administration announces overhaul of H1B visa program requiring higher pay

#10
It's pretty amazing to me how anti-immigrant America is, for a country built on immigration, but I suppose it's always been that way. Benjamin Franklin hated the Germans in the 1750s [1].

For perspective, Canada, a country 1/10th the size of the US, brings in 30,000 refugees each year. The US brings in 18,000. This means Canada brings in 25X the number of refugees per capita than the US does.

Canada, a country 1/10th the size of the US, brings in 300,000 new immigrants each year. The US brings in 1M. This means Canada brings in ~5X the number of new immigrants per capita than the US does. [2]

[edit] This rate has been consistent since 1992.

[edit] I originally stated the US brings in 140,000 immigrants per year, this was a mistake, my cursory search led me to the cap on employment based green cards, not total. Factoring in family members of US citizens, it's ~1M. By Immigrants I include green cards per year, as everyone else is by definition a non-immigrant. It is my understanding the Canadian number is the same category.

Blanket requiring additional pay for H-1Bs seems fine, but leaves startups in a difficult spot where they're unable to bring in the same level of foreign talent that bigger companies are, as, of course these rules do not take into account equity based compensation. As it stands, 4 out of 5 H-1B holders make more than average Americans.

The process of bringing in H-1Bs is already so expensive, arduous and wasteful that companies aren't going to be bringing in huge quantities of "US replacement" labor. I certainly wouldn't if I were in charge of hiring.

[1] https://qz.com/904933/a-history-of-american-anti-immigrant-b...

[2] https://www.boundless.com/immigration-resources/how-to-read-...

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