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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

#672
post #649

Earlier quoted context omitted.

I've seen this abused so badly though--our compliance person in HR was asking me to help write one a while back for a candidate that had a BS in mechanical engineering and no relevant work experience, claiming that a course the applicant had that taught MATLAB was sufficient experience for a role as an android dev.

How is that an abuse if the person is actually required to perform the Android Dev role at work? This looks like a rule that will block all the self thought developers, which are plenty and some are among the best.

Because the applicant wasn't qualified to do it. H1B is not a jobs training program, but they were trying to use it as one.

The US has a jobs training program for foreign workers/grads. It's called OPT.

That's abuse.

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

#673

Earlier quoted context omitted.

Why is this on the top of the hacker news? The article talks about nothing that will stop the abuse. There are indeed a lot of RFEs that are being given out if you don't have a CS degree and apply for a Software Developer position already. The Pay structure that the article mentions is NOT true anymore. Take a look at the links[1], it's withdrawn and the rule is not valid. How is hiring folks with a CS degree for an…

You’re talking about H1B abuse that primarily affects non-US citizens. I can sympathize (and I’m not a US citizen), but you can hardly expect the US press or hacker news to have that perspective or use that terminology... right?

More importantly, the US administration is not trying to solve H1B abuse from the perspective of non-US citizens.

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

#674

Earlier quoted context omitted.

Why is this on the top of the hacker news? The article talks about nothing that will stop the abuse. There are indeed a lot of RFEs that are being given out if you don't have a CS degree and apply for a Software Developer position already. The Pay structure that the article mentions is NOT true anymore. Take a look at the links[1], it's withdrawn and the rule is not valid. How is hiring folks with a CS degree for an…

You’re talking about H1B abuse that primarily affects non-US citizens. I can sympathize (and I’m not a US citizen), but you can hardly expect the US press or hacker news to have that perspective or use that terminology... right?

Goal of my comment wasn't sympathy; but to get the facts out there that the current changes do nothing but to worsen the situation.(...not solving the H1B crisis)

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

#675

“ Because those required wage increases take effect this week, existing H-1B holders looking to renew their visas might not qualify unless their employers raise their salaries accordingly.” This is really bad. Families are going to get told to leave. I’m surprised that there is no discussion on this thread about the impact to people who haven’t done anything wrong.

> This is really bad. Families are going to get told to leave. I’m surprised that there is no discussion on this thread about the impact to people who haven’t done anything wrong. It's not a moral issue (except for the big H-1B mills that are gaming the system.) But nothing has changed: these are not an offer of citizenship. They are temporary work visas with no guarantees: an opportunity to do temporary specialty wo…

How many years do you think is the limit to being temporary and still being honest?

If they were giving 50 year H1B visa that are not guaranteed to be renewed, would you still say that it is the visa holder's fault for bringing their family?

If not for 50 years, then when should we start blaming them? How many years is a reasonable amount to put someone at fault for putting down roots?

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

#676

Earlier quoted context omitted.

This one is also a particularly terrible move: >“ Because those required wage increases take effect this week, existing H-1B holders looking to renew their visas might not qualify unless their employers raise their salaries accordingly.” Copying from my comment below, this is likely to backfire. Since remote work has become acceptable and they already know the ins and outs of the job, many of these folks losing their…

> Since remote work has become acceptable and they already know the ins and outs of the job, many of these folks losing their visa will just be allowed to work remotely from India or Canada where it's trivial to get a work visa if you have a job offer. You will not be granted a work permit to work remotely for an American company in Canada. Canadian Immigration is actually quite strict.

Which is why I mentioned that there are Canadian companies that handle hiring the employee and sponsoring the Canadian work visa, invoicing the company in the US, taking the cut and paying the employee the rest.

https://syndesus.com/why-u-s-companies-need-a-peo-to-recruit...

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

#677

Earlier quoted context omitted.

The higher pay seems like an overall positive change to reduce the prevalence of "body shops" and so that H1-Bs aren't an easy way for companies to lower overall pay rate. I'm not sure that narrowing degree qualifications is a win; high-skill immigration is a significant boon to America's economy, and I think ability to do the work, and American company willingness to pay above-rate salaries (legally mandated now to…

What makes the immigration process in the US truly horrific is the extraordinary time it takes to approve or reject a greencard petition. In many cases it takes years - or even over a decade or more. That's insane. People bring their spouses here, they have kids who are born and go to school here, and all along the way their immigration status is uncertain. And meanwhile they are tied to whatever job they're in. It's…

It’s insane because it’s a kludge. The US doesn’t really have a general purpose skilled immigration visa. The H1B visa is a temporary worker visa. There is this whole legal fiction where, when you get one, you have to announce non-immigrant intent with a wink, then once you’re here you say “I just now changed my mind and I want to stay here, can I get a green card.” It was never designed to be a payday to permanent residency, because the grand bargain of the law in the 1960s was that it wouldn’t increase immigration.

They should just repeal the law and design a real point-based permanent immigration system from scratch.

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

#678

I finally agree with something this administration is doing. This is a solid move. H1B has been/is being abused by all companies (big and small) for a number of years at the cost of not only American workers but also the visa holders. The only ones benefiting are the companies that sponsor H1B visas by suppressing wages for everyone. I just hope the new administration don't role back these changes. Typically when a n…

The new administration will absolutely roll back these changes to kowtow to pro immigration groups and wage sensitive Silicon Valley. Obama administration expanded the coverage of H1B to their spouses (H4 dependents) who previously were ineligible to work. https://www.uscis.gov/working-in-the-united-states/temporary...

Expanding H1B coverage to allow spouses to live and work is just basic human decency.

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

#679

Earlier quoted context omitted.

Since remote work has become acceptable and they already know the ins and outs of the job, many of these folks losing their visa will just be allowed to work remotely from India or Canada where it's trivial to get a work visa if you have a job offer. This means the US economy will lose all the taxes and local expenditure in the economy by the family like rent, food, travel, vacations, utilities, entertainment, cars,…

Is it that simple though? Maybe for companies that are incorporated abroad. Otherwise looks like international workers are subject to 30% withholding, unless there's some tax treaty https://www.irs.gov/businesses/international-businesses/us-w... .

That applies only to people physically within the US. A non resident alien is someone on a work visa or student visa or other authorization. A resident alien is someone on a green card. Those rules don't apply to people in Canada who pay Canadian taxes(otherwise there would be double taxation).

E.g of companies handing Canadian compliance and billing their US clients. https://syndesus.com/why-u-s-companies-need-a-peo-to-recruit...

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

#680
post #440

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 ru…

There are two unpublished rules. DHS rule that you mention ( https://www.federalregister.gov/public-inspection/2020-22347... ; goes in effect in 60 days) and DOL rule establishing the percentiles ( https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Int... ; goes in effect this week).

If you're looking for the percentiles in the second document, check out around page 75.
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