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Judge Rejects H-1B Visa Injunction

theodp writes "Judge Faith Hochberg has denied a preliminary injunction sought by the Programmers Guild to put a hold on a controversial 'emergency' rule change by the Department of Homeland Security to permit foreign students to work continuously in the US for two-and-a-half years after graduation without an H-1B visa. Hochberg indicated she failed to see how an increased labor supply could result in wage depression for engineers and computer workers. That seems disingenuous, since in Andaya v. Citizens Mortgage Corporation, Judge Hochberg recently saw first-hand how a US employer got away with paying an H-1B computer engineer as little as $15,000 to do a job with a 'prevailing wage rate' of $41,000. In that case, Hochberg ruled against Filipino H-1B visa holder Almira Andaya, arguing that 'nonpayment of wages as listed on the H-1B visa petition ... does not raise a substantial question of federal law.'"

12 of 442 comments (clear)

  1. Frost Piss! by Anonymous Coward · · Score: -1, Troll

    That's It.

  2. USA is using slave labor again? by Anonymous Coward · · Score: 0, Troll

    Is USA using slave labor again to bootstrap it failing economie?

  3. "Faith" must be a bush evangelical by stabiesoft · · Score: -1, Troll

    because she is just that STUPID

    1. Re:"Faith" must be a bush evangelical by stabiesoft · · Score: 0, Troll

      oops my bad, yep clinton did that. She just seemed like she must be a bushie. How can anyone be sooo stupid as to not understand foreign workers will depress wages. Economics 101. she has the stench of bush even if clinton appointed her. Wonder if she was a trade to get someone clinton wanted, or if she was really wanted by clinton. Clinton at least understood the economy.

  4. You lazy americans by Anonymous Coward · · Score: -1, Troll

    Just because you know how to code, you think you deserve a 6 figure income. This is not a high tech skill anymore, it was 20 years ago. You shun math, science, and anything that's difficult. IT now is more like being a handyman.

    On top of that, you refuse to work long hours, and when you "work" it's 50% of the time chatting by the coffee machine.

    You are turning French.

  5. Re:Who really built Silicon Valley? by Anonymous Coward · · Score: 0, Troll

    Socialism - good idea, huh?

    Why would I ever go to work when someone else's stuff will be mine for just waiting around until the government takes it away?

    Idiots. Socialism doesn't work and is harmful for the human soul.

  6. Re:Enemies of our trade by Anonymous Coward · · Score: -1, Troll

    Translation:

    "As an American techie born in the Internet era, I deserve a not-too-stressful job earning at least $70K/yr. Hey, I even went to college and picked up some skills. Anyone who gets in the way is obviously incompetent and evil, or is the product of an evil system.

    Movies, music, and software should be freely downloadable whether or not their creators choose to make them so or not. For anyone who might lose their jobs because of this, well, that's just too damn bad if they can't adapt to the new realities. Earth to musician, earth to game programmer, hello?? Maybe McDonald's is hiring *snicker*."

    Hoo-kay!

  7. Re:Protection of the tech jobs market by Brain-Fu · · Score: 0, Troll

    I say, open the borders, let everybody in, in every profession. It'll depress our wages,

    so the poor get poorer

    but at least it'll keep immigrant workers spending their money in *our* economy,
     
    so the rich get richer
     
      and hopefully some of them will decide to become citizens and come to expect our standards of living.
     
    standards which are now much lower.

    Great plan.

  8. Re:Protection of the tech jobs market by noshellswill · · Score: -1, Troll

    Or contra-wise forbid ALL business deductions for labor performed by non-USA citizens. Couple this to HIGH, RIGID tarrifs on all imported, manufactured goods. Including software ! If you use-it-here then make-it-here. Puts a solid b*tch_slap on globalist bus_nazis and cosmopolitan culturalism.

  9. Re:Protection of the tech jobs market by spideysense · · Score: 1, Troll

    And the reason that Linux is more popular outside the US, is because more Linux programmers are from outside the US. See? I can use circular logic too.

  10. Re:The US already has wage distortion. by Lost+Engineer · · Score: 0, Troll

    If you limit yourself to the South you depress your own wages. Whatever your reason, if you stay where supply is high and demand is low, that is the barrier between yourself and better pay, not H1-B visas.

    FWIW, I agree with pretty much everyone that the health care system is fucked up. IIWKOTW (if I were king of the world) I would ban breeding by those who can't afford it, but I'm told that makes me some kind of Nazi or something. "You know who else was logical and shit..."

  11. Re:Protection of the tech jobs market by WhiteHorse-The+Origi · · Score: 0, Troll

    By working code, do you mean they can copy/paste someone else's work and put their name on it? Oh yes I see now...