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Federal judge blocks H1B visa $100K fee

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211–220 of 375 posts

Re: Federal judge blocks H1B visa $100K fee

#211
post #156

Earlier quoted context omitted.

It doesn't matter how much money you have if you can't spend it.

That applies to a ton of people in the military. People are capable of delayed gratification.

What is the federal budget for military vs education? Which one increases and which one decreases most of the time?

Re: Federal judge blocks H1B visa $100K fee

#212

I’m going to call this one as likely to be overturned on appeal. The Immigration and Naturalization Act provides: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigran…

I'm in agreement with your position but I'm confused by the SCOTUS criteria for distinguishing taxes and fees. I follow the reasoning that you receive a tangible benefit as an individual for payment of a fee. That much makes sense to me. However what puzzles me is "By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public." Do not fees also benefit the wider public to the extent that they fund…

When you pay income tax (for example), your personal benefit from that tax is no different from my benefit from your income tax. But if you pay a passport fee (for example), you receive a specific benefit that I do not.

Re: Federal judge blocks H1B visa $100K fee

#213

Earlier quoted context omitted.

> What requirements did the role have and what’s the salary range? 4+ years in product development. Python/R + a low-level language. Terabyte-scale data stream and batch processing. HPC knowledge (vectorization, memory access, distributed computing) to build efficient algorithms. Degree in a quantitative field (Math, Stats, Physics, CS, or Engineering). Upper limit on compensation was 200k. > Although saying that I k…

I mean I don’t have a horse in this race, but I don’t think this is a good example. If this is a senior enough position to justify expecting this level of specialization, that compensation is not nearly high enough, so issuing this H-1B would add downwards pressure on the compensation of American worker. If this is not a very senior role, the American worker’s interest is that you find someone with a less specific ba…

Yes we hired a fresh graduate with relevant research experience who is being trained.

Re: Federal judge blocks H1B visa $100K fee

#214
post #76

There is actually a sensible way to do recruit foreign workers to fill jobs that locals for some reason can't fill, and it's just a few miles up north... Canada's Temporary Foreign Worker Program (TFWP) is not limited by annual caps or lotteries. You just apply (as a company) by filling in a few simple forms and posting a job in the "Canada Job Bank" for a period of time to demonstrate that you genuinely searched for…

Canada's Temporary Foreign Worker Program is a horrible program that has been flagrantly abused for years to the detriment of Canadians. There's record high youth unemployment yet every Tim Hortons is filled with Indians.

Yes, you'll be hard pressed to find any Canadians at any fast food restaurants now. It's a common scam to pay a Tim Hortons owner 20-30k and he'll make you a manager at the franchise, then he'll give you a shared room where you pay monthly to live there. Then you work for free. The UN literaly wrote how Canada has created a neo-slavery system.

Re: Federal judge blocks H1B visa $100K fee

#215

I’m going to call this one as likely to be overturned on appeal. The Immigration and Naturalization Act provides: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigran…

I'm in agreement with your position but I'm confused by the SCOTUS criteria for distinguishing taxes and fees. I follow the reasoning that you receive a tangible benefit as an individual for payment of a fee. That much makes sense to me. However what puzzles me is "By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public." Do not fees also benefit the wider public to the extent that they fund…

[deleted]

Re: Federal judge blocks H1B visa $100K fee

#216

Earlier quoted context omitted.

It is not racist, but it is true. The Education major is one of the bottom majors, Americans with the lowest grades and lowest SAT scores go on to become public school teachers. and it is well known information among Americans themselves. https://x.com/marcportermagee/status/1954326425072546055/pho... https://reports.collegeboard.org/media/pdf/2023-total-group-... The average SAT for Education majors: 1023 It’s ranke…

[flagged]

What this has to do with American public school teachers coming from the bottom of the barrel of talent pool ???

Re: Federal judge blocks H1B visa $100K fee

#217

I’m going to call this one as likely to be overturned on appeal. The Immigration and Naturalization Act provides: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigran…

I disagree. Fees have to be justified and USCIS is not spending $100,000 to process a H1B applicant. They are raising revenue. Which is taxation. Calling something a fee doesn't make it a fee if, in substance, it operates like a tax.

> Fees have to be justified

Do they? Honest question. Is there a law that says fees must be in some sense justified?

> Calling something a fee doesn't make it a fee if, in substance, it operates like a tax.

This seems like a nonsense response to GP. They gave a definition of fee vs tax that is based on a meaningful distinction and not what it happens to be called.

Re: Federal judge blocks H1B visa $100K fee

#218

Earlier quoted context omitted.

Isn’t it a self-fulfilling issue? Dependence on H1B and other visa dependent workers leads to lower salaries which discourages local talent from that specialty. What requirements did the role have and what’s the salary range? From what little I gather from online job listings, most foreign labor dependent positions are trying to pay 90K for a masters degree, maybe 120-140K Bay Area. Additionally, many of these job li…

> Dependence on H1B and other visa dependent workers leads to lower salaries It does not generally . H1B employees are more expensive usually. In most companies - like any notable tech company - they are paid exactly the same due to fixed compensation plans, but cost more to the company once you include legal fees, processing fees, and especially the time delays and risks. It’s not even close in terms of a cost compa…

They don't have to undercut their coworkers on an individual level. When a position that could otherwise reasonably be filled by an American is gated for any unnecessary reason, be it undesirable pay or excessively specific requirements or whatever else, that effectively removes that position from the domestic job market. When that is repeated many times the end result is the same number of domestic applicants competing for fewer positions. That results in downward pressure due to basic supply and demand.

That's fine if there's a genuine need for a specific sort of specialist and the US simply isn't producing enough of them. But when it's silly hyper specific requirements it becomes detrimental.

Re: Federal judge blocks H1B visa $100K fee

#219
post #217

Earlier quoted context omitted.

I disagree. Fees have to be justified and USCIS is not spending $100,000 to process a H1B applicant. They are raising revenue. Which is taxation. Calling something a fee doesn't make it a fee if, in substance, it operates like a tax.

> Fees have to be justified Do they? Honest question. Is there a law that says fees must be in some sense justified? > Calling something a fee doesn't make it a fee if, in substance, it operates like a tax. This seems like a nonsense response to GP. They gave a definition of fee vs tax that is based on a meaningful distinction and not what it happens to be called.

> Do they? Honest question. Is there a law that says fees must be in some sense justified?

Read the opinion, it isn’t very long. This facet in particular is discussed in detail there.

> They gave a definition of fee vs tax that is based on a meaningful distinction and not what it happens to be called.

GP sounds likes he’s trying out for the inevitable appeal, the tax/fee distinctions argued in the case came from different case law.

Re: Federal judge blocks H1B visa $100K fee

#220

Earlier quoted context omitted.

> What requirements did the role have and what’s the salary range? 4+ years in product development. Python/R + a low-level language. Terabyte-scale data stream and batch processing. HPC knowledge (vectorization, memory access, distributed computing) to build efficient algorithms. Degree in a quantitative field (Math, Stats, Physics, CS, or Engineering). Upper limit on compensation was 200k. > Although saying that I k…

There are a ton of jobs that pay as well or better with lower requirements, even outside the bay area. Anyone with that level of experience, Python and a low level language isn't going to take you up. I'm not normally in agreement with the "you're not paying enough, there's plenty of people" crowd, because I've been on the hiring side too and know what a crapshoot it can be... But you're definitely offering too littl…

I responded to the point someone made- there's an excess of workers in America. Firstly, when there's an excess, wages are supposed to lower, even for Americans. Secondly, even if there is an excess, there was no evidence of that in my experience. In addition to the full time role we also interviewed interns in fall, and in my experience they were all either immigrant or children of immigrants.
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