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H-1B Foes Challenge Bush Administration In Court

theodp writes "Computerworld reports that the Bush administration's recent decision to extend the amount of time foreign nationals can work in the U.S. on student visas is being challenged in a federal lawsuit by H-1B visa opponents. The suit, filed in US District Court by the Immigration Reform Law Institute and joined by The Programmers Guild and other groups, charges that the administration — acting through the Department of Homeland Security — exceeded its legal authority with a no-notice-no-comments 'emergency' rule change that extended the Optional Practical Training work period from one year to 29 months. Critics say this is little more than an effort to skirt around the H-1B cap limit. Because extended stays are limited to those whose degrees are in STEM (Science, Technology, Engineering, Mathematics) fields, educators are speculating that the rule change will drive international students away from non-STEM majors."

8 of 464 comments (clear)

  1. forget the fluff, focus on the true issue by gadabyte · · Score: 5, Insightful

    regardless of what you think of immigration, education, H1B's, and DHS, why are so many comments about immigration, employers, etc - and not governmental abuse of power?

    if anyone would like to explain how using emergency powers in a non-emergency setting isn't abuse, please, step up to the plate.

    --
    the united states is a nation of laws; badly written and randomly enforced -- frank zappa
  2. Re:ABOLISH THE H1B PROGRAM by nasor · · Score: 5, Insightful

    In New Zealand they have an elegant solution; the minimum salary for a foreign worker who is there on their equivalent of the H-1B program is $55,000. That ensures that companies are only likely to bring in foreign workers if there is a genuine shortage of people with their particular skills. Your salary is usually a pretty direct measure of how scarce people with your abilities/training are and how much demand there is, so anyone who is coming into the county to fill a shortage in a particular field should almost by definition be getting a relatively high salary.

  3. IBM says Americans aren't good enough by Hankapobe · · Score: 5, Insightful
    What bugs me is when corps say that they can't get exceptional IT staff from America (IBM HR person in the Wall Street Journal)

    Certain skills still are in strong demand, says Ms. Chota, adding that the company can't find enough qualified graduates with degrees in computer science and those who have knowledge of both business and IT. "In the U.S., unfortunately, there are not enough great computer-science graduates," Ms. Chota says.""

    Um excuse me? So, Americans are not good enough for IBM. Even though they go to the same great American universities just like the smarter foreigners.

    So, which is it?!?

  4. Re:Weak by SideshowBob · · Score: 5, Insightful

    Do you know how poorly teachers are paid? I do, I'm married to one. They make peanuts compared to what they could make in virtually any other field with the same level of education. So when the NEA talks about a funding problem, they're talking about teacher compensation. How can you attract the best talent when you don't pay competitive salaries?

    The only structural problem with schools are the bloated administrations (which are not unionized.) But that doesn't even begin to explain why the schools are failing. The real problem is our culture. Parents treat the schools as (at best) a baby-sitting service. Too many of them simply don't care how well their children do academically. Failure and success begins with the parents.

    Private schools generally pay their teachers *less*, so the teachers in them are no more talented. To the extent that private schools do better, it's because they cherry-pick the best students. You will fail if you simply try to privatize the schools on a large scale. That would just be shifting all the current problems into the private sector where it will be compounded by profit motives and shady accounting (seen the prison system lately?)

    I get so sick of hearing that libertarian BS from people that don't even know the first thing about the real problem.

  5. Re:Weak by jcr · · Score: 5, Insightful

    You will fail if you simply try to privatize the schools on a large scale.

    The key is to restore competition to schooling at the elementary and high school level. We have world-class colleges, including the public ones, because colleges have to compete for customers.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  6. Americans are good enough.. just not CHEAP enough. by plasmacutter · · Score: 5, Insightful

    The CS program attendance plummeted at the same time salaries and job security in the field plummeted.

    The talent is there, they don't want to work in a field where companies don't want to reward them.

    They can't get americans to buy their crappy pay, benefits, and job security, so they want to farm out slave labor they can have deported at their whim.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  7. Re:Weak by Waffle+Iron · · Score: 5, Insightful

    And don't say private schools. Most private (and parochial) schools get far better results at a lower cost per student. Why do you think that is?

    Because they can pick and choose their students.

    If you don't have to bother with problematic students, of course you're going to get better results at a lower cost.

  8. Re:Weak by rossifer · · Score: 5, Insightful

    Most private (and parochial) schools get far better results at a lower cost per student. Why do you think that is?

    There's no mystery there.

    1. because private schools can discriminate based on their admission, performance, and behavior criteria (they don't have to take everyone)
    2. because private schools have lower student:teacher ratios
    3. because private schools are almost never NEA (union), which allows them to fire poor performing teachers much more quickly.
    4. because the parents who choose to send their children to private schools tend to value education more than your average parent, which correlates with higher expectations and more support from home

    Those four reasons lead to a less toxic environment in the classroom, which leads to better motivated teachers (even with the pay cut most private school teachers take), better motivated students, and: far better results.