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Federal judge blocks H1B visa $100K fee

alaskasnewssource.com

221–230 of 375 posts

Re: Federal judge blocks H1B visa $100K fee

#221

Earlier quoted context omitted.

It's literally exactly the argument. If teachers were underpaid - it would be a poor argument. But if there's an acute shortage of 'key' workers in jobs that require education, for jobs where wages are materially above market pricing - then this is where you want H1B type programs. The idea is that it should not harm the local market for labour, and it's usually not reasonable to expect market wages to be a radical d…

This would hold more weight if teachers in rural areas weren't getting paid less than half your thought experiment average.

Your little comment would have more weight it had any factual substance.

Average teachers salary in US is 75K and it's over 100K in California.

[1]https://www.nea.org/nea.org/nea-today/all-news-articles/teac...

Re: Federal judge blocks H1B visa $100K fee

#222

Earlier quoted context omitted.

Having lived in bumblefuck Alaska for a year, I can honestly say that they do in fact pay more, but it's also super expensive to live in rural Alaska. Likely a bigger issue is that very few people want to live in a town of 3000 people or less that isn't connected to the interstate road system. Money can only do so much to fix that.

Some people live in a pressurized bubble for a month for saturation diving. If the price is right you can get someone to do almost anything.

That is true but I think the salient observation here is that it's only realistic to pay so much for education. So either you can't have children in such a town, or you're forced to homeschool, or (I guess what's being suggested is) you import someone willing to work an undesirable job if it gets them into the country.

I think there's an important difference between importing labor to undercut qualified americans in a populated area versus importing labor to do a job that the vast majority of qualified americans will have no interest in at any reasonable pay rate.

Re: Federal judge blocks H1B visa $100K fee

#223
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.

[dead]

Re: Federal judge blocks H1B visa $100K fee

#224

Earlier quoted context omitted.

[flagged]

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

Your claim that H1Bs come from the cream of the crop is patently false.

Re: Federal judge blocks H1B visa $100K fee

#225

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 don’t have to be limited to the cost of the specific transaction. Lots of agencies, not to mention the courts themselves, charge fees that go towards the operation of the agency and don’t just defray the specific costs of a single transaction.

In the NCTA case cited above, the Supreme Court upheld a law that authorized the FCC to impose “fees” on cable licensees that took into account the value of the license to the provider. So a fee need not be limited to the cost for an agency to process a license. A charge can be based on the value of the authorization or license provided and still qualify as a fee not a tax. FCC spectrum auctions are another example. The FCC charges billions of dollars for 4G/5G spectrum licenses. That’s based on value of the license to the licensees, not the cost of processing the licenses. Here, the $100k fee easily can be seen as reflecting the value to the employer of being able to hire the foreign worker.

Re: Federal judge blocks H1B visa $100K fee

#226

Earlier quoted context omitted.

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…

Whether it is a fee or tax is less about whether it funds the government and more about whether when you pay the amount you get some benefit that you wouldn’t if you didn’t pay (above and beyond compliance with tax law). For example a fishing licence is a fee while a flood levy is a tax.

Yes, I understood that (and stated as much). The first part made sense to me. It is the second that I find perplexing.

> By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public.

That seems to apply to both taxes and fees as far as I can tell. It seems to me that a tax can primarily be distinguished by virtue of not qualifying as a fee. Put another way, are not fees paid to a government a subset of taxes much as squares are a subset of rectangles?

Re: Federal judge blocks H1B visa $100K fee

#227

Earlier quoted context omitted.

There are an excess of teachers in the USA already. It’s a big reason they aren’t paid that well. No good reason to import them except to pay them even less .

I hear this argument all the time. There's an excess of this, there's an excess of that. Seems it only comes from people who are not directly involved in hiring of such roles. We hired for an analyst role few months ago in the bay area and there was no qualified American applicants. My wife is in pavement consultancy and they hardly ever find qualified Americans for pavement design jobs.

What salary range were you offering ?

Re: Federal judge blocks H1B visa $100K fee

#228

Earlier quoted context omitted.

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…

Whether it is a fee or tax is less about whether it funds the government and more about whether when you pay the amount you get some benefit that you wouldn’t if you didn’t pay (above and beyond compliance with tax law). For example a fishing licence is a fee while a flood levy is a tax.

But then sales taxes are fees, no?

Re: Federal judge blocks H1B visa $100K fee

#229

For those not reading the linked article, it was not about tech (although valid discussions here). I had not expected this (this is about rural Alaska): > “In some rural districts, visa teachers make up 50% to nearly 80% of the teaching staff. School districts already invest $6,000 to $12,000 per teacher to recruit and sponsor educators through the H-1B visa process. Adding a $100,000 federal visa fee has made it fin…

There are an excess of teachers in the USA already. It’s a big reason they aren’t paid that well. No good reason to import them except to pay them even less .

> No good reason to import them except to pay them even less.

Then I'll tell you a good one. It's called profit.

Re: Federal judge blocks H1B visa $100K fee

#230
post #156

Earlier quoted context omitted.

Some people live in a pressurized bubble for a month for saturation diving. If the price is right you can get someone to do almost anything.

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

Does Amazon not deliver to Alaska?
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