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An anonymous reader quotes a report from CNN Money: The Trump administration is cracking down on companies that get visas for foreign workers and farm them out to employers. Some staffing agencies seek hard-to-get H-1B visas for high-skilled workers, only to contract them out to other companies. There's nothing inherently illegal about contracting out visa recipients, but the workers are supposed to maintain a relationship with their employers, among other requirements. In some cases, outsourcing firms flood the system with applicants. The U.S. Citizenship and Immigration Services agency said in a new policy memo released Thursday it will require more information about H-1B workers' employment to ensure the workers are doing what they were hired for. Companies will have to provide specific work assignments, including dates and locations, to verify the "employer-employee" relationship between the company applying for an H-1B and its visa recipient.

H-1B visas are valid for three years and can be renewed for another three years. The USCIS says it may limit the length of the visa to shorter than three years based the information an employer provides. For example, if an employer can't prove the H-1B holder is "more likely than not" needed for the full three years, the government might issue the visa for fewer than three years. The memo also says the administration wants to prevent employee "benching." That's when firms bring on H-1B visa holders but don't give them work and don't pay them the required wages while they wait for jobs.

"Starting April 3, 2017, U.S. Citizenship and Immigration Services will temporarily suspend premium processing for all H-1B petitions," read Friday's announcement, which says the suspension "may last up to 6 months." Slashdot reader elrous0 sees it as part of the "ongoing efforts to curb abuses in the controversial H-1B program." The San Francisco Chronicle reports: While it could be difficult to divorce the move Friday from the Trump administration's broader immigration crackdown, some experts believed the agency's decision to be apolitical. "It has everything to do with an understaffed, overworked, U.S. Citizenship and Immigration Services," said Jason Finkelman, an Austin, Texas, immigration attorney, adding that the wait time for an H-1B visa in California is currently about eight months. However, Vivek Wadhwa, an adjunct professor at Carnegie Mellon University's Silicon Valley campus in NASA Ames Research Center at Moffett Field, said the suspension seems like a message from the government that you "can't buy your way into America."
Whatever the motivation, Engadget believes this will impact large tech companies. "Financial Times quotes a lawyer saying that 'close to 100 percent' of applications from companies like Microsoft utilize the option."

An anonymous reader quotes a report from Ars Technica: President-elect Donald Trump is just a week away from taking office. From the start of his campaign, he has promised big changes to the US immigration system. For both Trump's advisers and members of Congress, the H-1B visa program, which allows many foreign workers to fill technology jobs, is a particular focus. One major change to that system is already under discussion: making it harder for companies to use H-1B workers to replace Americans by simply giving the foreign workers a raise. The "Protect and Grow American Jobs Act," introduced last week by Rep. Darrell Issa, R-Calif. and Scott Peters, D-Calif., would significantly raise the wages of workers who get H-1B visas. If the bill becomes law, the minimum wage paid to H-1B workers would rise to at least $100,000 annually, and be adjusted it for inflation. Right now, the minimum is $60,000. The sponsors say that would go a long way toward fixing some of the abuses of the H-1B program, which critics say is currently used to simply replace American workers with cheaper, foreign workers. In 2013, the top nine companies acquiring H-1B visas were technology outsourcing firms, according to an analysis by a critic of the H-1B program. (The 10th is Microsoft.) The thinking goes that if minimum H-1B salaries are brought closer to what high-skilled tech employment really pays, the economic incentive to use it as a worker-replacement program will drop off. "We need to ensure we can retain the world's best and brightest talent," said Issa in a statement about the bill. "At the same time, we also need to make sure programs are not abused to allow companies to outsource and hire cheap foreign labor from abroad to replace American workers." The H-1B program offers 65,000 visas each fiscal year, with an additional 20,000 reserved for foreign workers who have advanced degrees from US colleges and universities. The visas are awarded by lottery each year. Last year, the government received more than 236,000 applications for those visas.

Peter Hudson writes from a report via Recode: "After failing to get Congress to pass a 'startup visa' as part of broad immigration reform, the Obama administration is moving ahead with an alternative that would allow overseas entrepreneurs to live in the U.S. for up to five years to help build a company," reports Recode. "Already speaking out in favor of the new rules is PayPal co-founder Max Levchin: 'I believe that the most promising entrepreneurs from around the world should have the same opportunity I had -- the chance to deliver on their potential, here in America.' Levchin moved to the U.S. from the Soviet Union in 1991." There are three conditions that need to be met in order to be eligible to work in the U.S. under the new rule: the foreigner would have to own at least 15 percent of a U.S.-based startup, the foreigner would need to have a central role in the startup's operations, and the startup would need to have "potential for rapid business growth and job creation." The third requirement could be met by having at least $100,000 in government grants or $345,000 invested from U.S. venture investors. "Under [the International Entrepreneur Rule (PDF)] being formally proposed on Friday, the Department of Homeland Security would be empowered to use its existing authority to allow entrepreneurs to legally work in the country for two years, possibly followed by a one-time three-year extension," reports Recode. "While the public will have 45 days to comment, the rules aren't subject to congressional approval."

dcblogs quotes a report from Computerworld: When the U.S. begins accepting applications for new H-1B skilled-worker visas today, we can be certain that tech workers from India will make up a large portion of the requests. While program data shows which job categories, countries and companies are awarded the most visas, the federal government says it is not tracking applicants' gender -- although the question is asked on the visa application form. The U.S. begins accepting H-1B visa applications on April 1 for the fiscal year that begins Oct. 1. The U.S. Citizenship and Immigration Service (USCIS) will not release the gender data. It has rejected a Senate request for the information, as well as public records requests from the IEEE-USA and Computerworld. The Anita Borg Institute, which advocates for women in technology, believes "it would be very helpful to have better data on the gender diversity of H-1B visa recipients," said Telle Whitney, the president and CEO of the institute. "Our anecdotal experience is that most H-1B visa recipients are men and that this can have a negative impact on increasing the participation of women in the technical workforce," she said.

theodp writes: With the FY2016 H-1B visa cap reached in the first week of April (only the USCIS knows how many applications were submitted by outsourcing companies and from Bentonville, AR), it's no surprise that groups like Mark Zuckerberg's FWD.us PAC and Steve Ballmer's Partnership for a New American Economy Action Fund are pooh-poohing Jesse Jackson's claims that foreign high-tech workers are taking American jobs, and promoting the idea that what's really holding back Americans from jobs is a lack of foreign tech workers with H-1B visas.

theodp writes: "On the day the U.S. began accepting H-1B visa applications for FY2015, Mark Zuckerberg's FWD.us PAC stepped up its lobbying efforts for more tech visas even as ComputerWorld reported that the major share of H-1B visas go to offshore outsourcing firms that use visa holders to displace U.S. workers. 'The two largest H-1B users,' notes ComputerWorld, 'are Indian-based, Infosys, with 6,298 visas, and Tata Consultancy Services (TCS), with 6,258.' ComputerWorld adds that food and agricultural company Cargill is outsourcing IT jobs to TCS, including 300 in Minnesota, the home of Sen. Amy Klobuchar, sponsor of the I-Squared Act of 2013, which would allow H-1B visa caps to rise to 300,000 annually."

First time accepted submitter Dawn Kawamoto writes "Employers stampeding into the U.S. Citizenship and Immigration Service to get their H-1B petitions filed before the cap is reached are getting the door slammed in their face today. The cap was hit in near record time of 5 days, compared to the 10 weeks it took last year to have more than enough petitions to fulfill the combined cap of 85,000 statutory and advanced degree H-1B petitions. While U.S. tech workers scream that they're losing out on jobs as H-1B workers are hired, employers are countering that the talent pool is lacking and they need to increase the cap. Of course, Congress is wrangling in on this one as to whether it's time to raise the bar."