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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."

4 of 464 comments (clear)

  1. Re:Land of immigrants by Dionysus · · Score: 5, Interesting

    "Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!"

    Note that there are no mention of non-poor, well-educated people :-)

    I left the US, and now work for a company in a country which gives me 5 weeks vacation each year, with pay comparable to what I would have gotten in the Bay Area. And I don't have to worry about the visa crap or whether I will get a green card.
    --
    Je ne parle pas francais.
  2. We already spend more than enough on education by Shivetya · · Score: 5, Interesting

    We need to start looking at reducing administration costs of the school systems and using the money on teachers and student needs. Look at most major cities, their cost per student can be double what outlying areas have and the majority of it can be traced to anything but teachers and students. What good is throwing money at public schools if the money isn't going to improve our children? Too many city schools are jobs programs for friends of the political powers. Dumping grounds for cronies. If that county school can graduate more students at a higher GPA and their students do better in higher education all the while costing the local taxpayers less how is the city's problem money related?

    I would prefer more options for parents to send their children to schools of their choice. This means the dreaded "voucher". Make it so the money follows the child and not the school. This might be the only kick in the pants some school systems will understand. We have great teachers. We spend more than enough to educate the children we have, we just spend it wrong.

    The easy solution is to "throw money at the problem" but that is used as an excuse to rid ourselves of the responsibility for making the hard choices. All we get with this thrown money is more cronies. I read my local "paper" to see schools with trailers and look at the changes that go on the system. What do I notice most after capital improvements? How many more people in non teaching positions crop up. Suddenly there are committees paid out of school funds to do work already done elsewhere or not needed. More money means more government employees, not necessarily teachers.

    Sorry, no more money. Account for what they have. They owe to the children. We owe it the children.

    Education here is not the reason we have H1 visas. We have those because politicians put more value on the money of corporations than the people who elect them. Do any of the three current candidates support scrapping this?

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    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  3. Re:Weak by ShinmaWa · · Score: 4, Interesting

    Children were tested (nationally) more often (age 7, 11 and 14, as well as the exams at 16). Schools were rated based on the children's results, and "bad" schools told to improve Or Else The United States has a similar system called No Child Left Behind. Not too surprisingly, the exact same things that happened with the UK's version is currently happening in the US: testing fraud, teaching to the test, and even the encouragement by schools for less able students to drop out to help bring up the average school test scores. Of course, the overall effect is an actual reduction in the quality of education in the United States.

    It's always amazing to me how a demonstrably bad idea gets mimicked over and over again.
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    The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
  4. The problem is even worse by Anonymous Coward · · Score: 4, Interesting

    There is a shortage of H1Bs in the first place because a lot of Indian consulting companies (bodyshoppers) get a majority of the H1B quota and the students with OPTs are left in the lurch (aka an OPT is pretty much worthless now).

    How do these companies get away with it? This is how it works. You are:

    1. Married to an H1B holder and can legally work. The bodyshopper gets you an H1B visa and tells the INS that *you* are employed by this consultant but you do not get any pay till the consultant gets a contract from some company and you start earning money. Yes, this is illegal but 99% of the consulting companies in the US do this. The employee bears it since this is the only way to get valid status.

    2. Are outside the US and want to come in to work but do not have a job. However there is this Indian consulting firm and read the rest of point 1 above

    3. In the US but have been laid off and you cannot have a job without a visa and vice-versa. Read rest of point 1 above

    4. Are a student about to graduate with an OPT which is worthless (1 year duration) since the consulting companies with their "fake jobs" have gobbled up all the visas.

    OPT with it's 1 year duration used to mean something but with these blood-sucking consulting companies in the US, the students either hope to get a job in a good company out of school and pray the company processes H1 after the OPT duration is up. Prolonging the OPT is a fix for the students who come to the US and rough it out unlike the body-shopper import employees.

    Although I said Indian consulting companies, the evil trend isn't restricted to Indian companies. Volt Computer Services (largest supplier of contractors to Microsoft, most companies in Bellevue/Seattle, etc etc) does this. I myself was a victim of Volt hiring me during my OPT period, using me for the duration of my OPT (MS paid Volt 60$ per hour and Volt paid me 20$ per hour) and then when my OPT was up, they said "Adios amigo". They contacted INS and said I was no longer their employee, gave me a ticket voucher for 1000$ and said buhbye. I had to find an Indian consultant willing to take me in so he could suck more blood from me.

    It's all a fucking dirty business. I have to post this anonymously since uhhh one of employers still gets contractors from Volt. I however got into my current company through another consulting company which will remain unnamed; however Volt made sure they became the near exclusive supplier of contractors.