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Updates to H-1B

uscis.gov

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Re: Updates to H-1B

#341

Post by root_axis »

patrickhogan1 wrote: post #16

Ah, classic regulatory theater. The administration, after 4 years of not introducing these changes, is now suddenly scrambling to roll them out. They’re dropping them right before a major transition, with an implementation timeline conveniently set for after the transition. It’s a clever little maneuver. When the inevitable reversal happens, they can show up at fundraising galas telling donors, “We tried! We were so…

Unlikely to be reversed. The incoming president's largest donor strongly favors a larger and more dynamic H1-B work force.

Re: Updates to H-1B

#342

Post by snakeyjake »

HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

My employer cannot hire H-1Bs.

You must be a US citizen to work for my company. No "US Persons" (visa holders) or foreigners allowed.

You have to be eligible for a Secret security clearance. You don't have to get one if you don't want to as there is usually plenty of uncleared work to go around, but you have to be eligible in case that goes away and we need to put you in for a clearance.

We cannot find qualified applicants.

I've had this conversation many times on HN so here are some preemptive responses:

No, we don't make weapons for the military. Well, we do but not my part of the company. The most harmful thing the products I build do is quantify in precise detail how climate change is dooming us all.

No, our positions aren't ghost positions.

Yes, we are willing to train someone who is motivated. We won't re-teach linear algebra to a developer applicant but we will pay a tech writer to go to school nights/weekends to get a degree in engineering (me, I did that).

Yes, we have extensive high school and college work-study/internships and participants make $72k/yr. with full benefits for the duration of the program. That pipeline is actually successful.

No, you can't work remotely. You (even programmers!) have to touch the things we build in order to build them and nobody has an ISO certified clean room in their house.

Yes, we pay well.

No, we don't pay as much as Meta. We build components for satellites that have been sold to space agencies and purchased by various departments/ministries of the environment, not your personal information to advertisers-- one party has more money to spend than the other.

We have shortages in mech/EE/Aero, shortages in software, and critical shortages in engineering technicians.

One issue is that we expect programmers to remember linear algebra and have more than the ability to shovel frameworks on top of each other until a phone app comes out the other side.

Re: Updates to H-1B

#344

Post by akira2501 »

lesuorac wrote: post #338
akira2501 wrote: post #154

Earlier quoted context omitted.

> has to go through a very length period Doesn't the bottom of this announcement describe a previous rule that was announced in January 2024 and then implemented in March 2024? Interesting that rules process was far more rapid than this one.

And? So a different related rule started its process awhile back and a second rule was in the works concurrently. Is the USG only allowed to do one thing at a time? The comment period for this rule ended last year to give you an idea of how long this has at least been in the works. All of this information is rapidly found via the submitted url at the top of the page. https://www.regulations.gov/docket/USCIS-2023-0005…

It's the same question. What decides when a long process and comment period is required and when it isn't? Why does this agency have such variable performance when it comes to similar rulings?

Re: Updates to H-1B

#345

Post by HarHarVeryFunny »

NoMoreNicksLeft wrote: post #304
HarHarVeryFunny wrote: post #249

Earlier quoted context omitted.

So then call the H1-B program what it is - a way for US tech companies to depress wages to the point that you can't afford to live the US, unless it's a bunch of H-1B holders living together in a house share. The same goes for offshoring for jobs. Lovely for shareholders and the CEO's bonus, but not so great for US residents having to compete with them who are paying US cost of living, not Indian/etc overseas cost of…

It's racist to prefer citizens over non-citizens though. The US government should pass laws benefiting all people of the world equally.

Huh? There are US citizens of all sorts of ethnic/racial backgrounds.

Preferring US citizens over outsourcing is patriotic, not racist. It's also being a good corporate citizen - supporting the country/people you are gaining your profits from.

Re: Updates to H-1B

#346

Post by fellowmartian »

silisili wrote: post #333
closeparen wrote: post #294

Earlier quoted context omitted.

Only in the context of H1B does anyone conceive of tech workers as having a binary condition called "qualified." In white-collar jobs worth having, impact scales essentially infinitely with skill. You aren't looking for people who are merely capable of some baseline, you are looking for the best. The world is much bigger than America, so even if Americans are very good, many of the best are still foreigners.

I agree with this in theory, but in practice... I've worked directly with probably 50 or so H1B folks in my career. I can only think of a few I'd call exceptional. Just like Americans, most were a mixed bag from good to terrible. So the idea and argument of best of the best is sound, but it's definitely not being used solely that way.

Most people are missing the fact that there’s a whole immigration economy on the other end, it’s not a passive storefront (that was banned in the 19th century). People want to immigrate, but the people who are best at immigrating aren’t necessarily best at their job.

Re: Updates to H-1B

#347

Post by thephyber »

HarHarVeryFunny wrote: post #161

A supposed shortage of qualified US applicants for tech jobs, especially software developers, doesn't jibe with the huge numbers of US developers currently looking for work, including highly experienced older workers suffering from age discrimination. I'd be surprised if more than 5-10% of H-1B positions are ones where the hiring company has even looked for US applicants.

Then you should support this rule change:

> Finally, the rule strengthens program integrity by codifying USCIS’ authority to conduct inspections and impose penalties for failure to comply; requiring that the employer must establish that it has a bona fide position in a specialty occupation available for the worker as of the requested start date; clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be subject to legal processes in court in the United States.

Re: Updates to H-1B

#348

Post by jimberlage »

PessimalDecimal wrote: post #203
breadwinner wrote: post #147

Earlier quoted context omitted.

US tech exports in 2018 was $338 billion. Tech is our biggest export by far. Think of the US tech industry as a siphon that sucks in wealth from foreign countries. Would you want to make that siphon bigger or smaller? If you want to make that siphon bigger — and more competitive — how would you do it? By limiting the people that can work in tech to whoever companies can hire locally, or by bringing in the smartest pe…

Does "The US" siphon that money off? Or Meta, Google, Amazon, Microsoft, etc. siphon that money off? And where and to whom does it go from there? The major benefit of reducing or eliminating the H1B visa program is that those companies can continue to do well, and Americans can do well along with them.

Thanks for adding this - I feel like people who can't understand why populism is at it's peak misunderstand this.

Walmart is a U.S. company that historically did well, but I don't see why anyone would care unless you buy their stock or live in Bentonville.

People don't care about macro indicators that lump the 1% and the 99% together.

Re: Updates to H-1B

#349

Post by testfrequency »

Honestly insane how much racist rhetoric I’m reading online (and surprisingly now HN) regarding this news...

I suppose 2025 is starting early.

edit: case in point, downvoted for simply saying I’m noticing a lot of racism from the (you know who) crowd - as all the comments against this are often followed with “trump will fix this” or “your country needs birth control” or “india shouldn’t be allowed to get visas”

Re: Updates to H-1B

#350

Post by closeparen »

HarHarVeryFunny wrote: post #249
Spivak wrote: post #189

Earlier quoted context omitted.

I feel like this whole issue could be solved short order if we agreed that not being able to find qualified applicants at a given fixed price does not a shortage make. It's the same with the "fast food shortage," I bet the shortage would dry up real fast at $50/hr so all we're really doing is haggling over price. If in order to hire a H1-B at a salary of x you had to offer US workers 2x with say a $100k floor on x th…

So then call the H1-B program what it is - a way for US tech companies to depress wages to the point that you can't afford to live the US, unless it's a bunch of H-1B holders living together in a house share. The same goes for offshoring for jobs. Lovely for shareholders and the CEO's bonus, but not so great for US residents having to compete with them who are paying US cost of living, not Indian/etc overseas cost of…

House sharing is a problem with the numbers of people that FAANG wants to employ in West Coast communities that aren't having it, not with their identities. When people making $300-500k can't have their own houses, the problem is not money.
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