Slashdot Mirror


Let Spouses of H-1B Visa Holders Work In US, Says White House

Hugh Pickens DOT Com (2995471) writes "Carolyn Lochhead reports in the SF Chronicle that the White House has announced a plan allowing spouses of H-1B visa holders to work in the United States, a coup for Silicon Valley companies that have been calling for more lenient rules for immigrants who come to the United States to work in technology. 'The proposals announced today will encourage highly skilled, specially trained individuals to remain in the United States and continue to support U.S. businesses and the growth of the U.S. economy,' says Deputy Secretary of Homeland Security Alejandro Mayorkas. 'A concurrent goal is for the United States to maintain competitiveness with other countries that attract skilled foreign workers and offer employment authorization for spouses of skilled workers. American businesses continue to need skilled nonimmigrant and immigrant workers.'

Currently, spouses of H-1B visa holders are not allowed to work unless they obtain their own visa but tech companies have been calling for more H-1B visas, and supporters of the rule change argue that it will bring in more talented workers. Critics say they believe expanding the H-1B visa program will allow lower-paid foreign workers to take American jobs. The plan immediately drew fire from Republicans. Sen. Jeff Sessions of Alabama, who sits on the Judiciary Committee, accused the administration of acting unilaterally to change immigration law and bring in tens of thousands of potential competitors with Americans for jobs. 'Fifty million working-age Americans aren't working,' Sessions said in a statement, adding that as many as 'half of new technology jobs may be going to guest workers. This will help corporations by further flooding a slack labor market, pulling down wages.'"

34 of 566 comments (clear)

  1. seems like a back door by jaymz666 · · Score: 5, Interesting

    To getting two H1Bs for the price of one!

    These are already being abused by tech companies to force lower wages on those already legally in the USA, be they citizens or resident aliens, this will make it worse.

    1. Re:seems like a back door by Anonymous Coward · · Score: 5, Interesting

      I wonder if they'll start "encouraging" their H1Bs to marry other people they want to hire now?

    2. Re:seems like a back door by Anonymous Coward · · Score: 5, Funny

      I wouldn't mind marrying a Chinese/Japanese/Korean girl fresh out of college.

    3. Re:seems like a back door by ebno-10db · · Score: 4, Insightful

      immigrants, and especially skilled immigrants, expand the economy

      Your grasp of the situation has led you to answer the wrong question. Why should I care what the US GDP is? What matters to me is the US GDP per capita, and the distribution of income from that.

    4. Re:seems like a back door by ebno-10db · · Score: 3, Insightful

      Easy solution: eliminate the H-1B program.

    5. Re:seems like a back door by murdocj · · Score: 4, Insightful

      Nonsense. I know plenty of "qualified Americans" who have a hell of a time finding work in the current economy. And if you think H1-B's are being paid the same as local, you're crazy.

    6. Re: seems like a back door by alanQuatermain · · Score: 5, Interesting

      "Get a green card and move on in"? You do realize that it can take upwards of 20 years to get a green card, right? That's my case, and my father is a US Citizen. Right now I'm here on an O visa, and I've been approved for this year's H1-B lottery, so I'll soon be allowed to apply for a green card without resigning from my job. Only H1 visas allow you to work *and* immigrate. If I stayed without an H visa I could still apply, but I'd have to give up working in the US for something like 8-12 years while I wait for my application to be processed. I'm here because I'm among the best in my field. I also earn a good six-figure salary, so I'm definitely not here to help my employer cut any costs. Like it or not, there's a large global community now. You can't expect the US to compete if they can't attract the best & brightest from around the worldâ" or is it your assertion that no-one from outside the US couple possibly have anything to contribute?

    7. Re:seems like a back door by currently_awake · · Score: 3, Insightful

      If filling gaps and not money was the issue, they would train Americans to do the work.

    8. Re:seems like a back door by Anonymous Coward · · Score: 4, Insightful

      Speaking as an H1B visa holder. I earn approaching $200,000 a year. I get a large amount of restricted stock on top of that. It cost the company I work for at very least $150,000 to move me, my wife and all of my stuff over here. All in all, assuming that I can't get a green card, it's likely that it will have cost the company I work for about $300,000-400,0000 a year before taxes to have me here for each of the 6 years I'm here.

      The company I work for is still trying to hire people with the relevant qualifications into similar roles on the same team, and are unable to find anyone either in, or out of the US.

      Believe me, if they could find an American to do this job, they would have, and believe me, there's no one passing up $3-400,000 a year engineering positions at top flight companies. There really are jobs that need immigrant workers to fill, because there really are no Americans to do them.

    9. Re:seems like a back door by wiredlogic · · Score: 4, Insightful

      Since these are such high demand positions that can't be filled by citizens, the salary they are paid must surely reflect that and is enough to sustain a single income household right? This move just confirms that the government knows and supports the use of H1B as a tool to suppress salaries of domestic tech workers.

      --
      I am becoming gerund, destroyer of verbs.
    10. Re: seems like a back door by alanQuatermain · · Score: 4, Interesting

      My father is the son of a WW2 veteran from Colorado. Though he'd been trying to locate his father since the 1960's, none of the US institutions ever deigned to reply to him, so it was only recently that we were able to trace the family.

      A DNA test proved conclusively and beyond a doubt that my grandfather was this US citizen, and thus my father is considered to have been a US citizen since his birth in 1945.

      I'm over 21 and I'm married, so I'm third-preference Family Class. The waiting list for that one is in excess of 20 years right now, which means I could get my green card round about the age of 57. Oh, but my father can't sponsor me until he's lived in the US for five full years, so if he (age 69) moves to the US right now, then I *might* get a green card by the time I'm 62 years old and about to retire.

      That's *just* what you all want, right? For me to move here in time to retire & live off a pension? [/sarcasm]

    11. Re: seems like a back door by alanQuatermain · · Score: 3, Informative

      Yep. If my mum was a US citizen, I'd automatically be a citizen myself, even if she'd never actually set foot in the US herself. Since it's my Dad, there are all sorts of crazy rules.

    12. Re:seems like a back door by ShanghaiBill · · Score: 3, Interesting

      Please cite this theory and the empirical validation of it.

      The citation was provided in the post that started this thread. Here it is again. It explains both the theory, and gives several historical examples. Young, educated immigrants are a boon to the overall economy.

    13. Re:seems like a back door by jaymz666 · · Score: 5, Insightful

      Your job may have no workers available, sure

      But OS and middleware administrators, coders, there are plenty of in the USA. The salaries are depressed for local workers because of the plethora of H1B imports

    14. Re: seems like a back door by AK+Marc · · Score: 3, Insightful

      I also earn a good six-figure salary, so I'm definitely not here to help my employer cut any costs.

      Just because you are making $250k or whatever doesn't mean they wouldn't be paying $350k if there was no H-1B visas, so yes, even at that, you are cutting costs.

    15. Re:seems like a back door by Sarius64 · · Score: 3, Informative

      Glad someone reads. Beyond the confirmation bias, the idea that real unemployment doesn't matter displays the sheer lack of any responsibility on the part of the government. This is exactly why we should be curtailing H1-B programs.

      After Five Years Of Obamanomics, A Record 100 Million Americans Not Working

  2. have a high H1B minwage / let them work anywhere by Joe_Dragon · · Score: 4, Insightful

    have a high H1B min-wage / let them work anywhere with them being tied to the job.

    make the min wage say 100-150K + COL with payed OT. and or an H1B tax.

    So if you want h1b you can use them to get cheap workers tied to the job. that can be payed low with forced OT.

  3. Wow seriously? by Mashiki · · Score: 4, Interesting

    I'm surprised you guys haven't revolted over this entire thing yet. Up here in Canadaland we've had something similar happen with regards to the TFW program, similar to H-1B. Shit hit the fan about 3 months ago and ever since then it's been all over the news and at the rate it's going the entire program will be dead by years end.

    --
    Om, nomnomnom...
  4. Double down? How about "No." by Anonymous Coward · · Score: 4, Insightful

    How about no? Wages are already suppressed far enough as it is without doubling the number of foreigners these companies can bring in.

    We don't have a workforce problem. We have a wage problem. Companies will do anything they can to pay people less. Just look how they've already latched on to this H1B BS.

    I say end it. Revoke them and send folks home. We have plenty of workers available, just not at rates employers want to pay.

    Pardon my single tear for them.

  5. work is survival by Anonymous Coward · · Score: 5, Insightful

    I'm extremely liberal and want the best for everyone in the world. But here in the US, we have horrible social welfare. Work is survival for us. If you don't have a job, you fall fast and hard, and it's hard to get back up. Hell, it's hard to get a place to live without guarantors and evidence of an income, and having a place to sleep and eat safely is fundamental to being a biological being. So I call shenanigans on the government allowing more people in to take jobs. Until we've got a robust safety net in place so everyone has a safe place to sleep and can be confident of their next meal regardless of whether they have a job, our focus should be on getting jobs for all citizens that pay what is needed to have those things.

    1. Re:work is survival by TheGratefulNet · · Score: 4, Interesting

      you are hitting home with me.

      I'm living in the bay area, been here over 20 yrs and I'm a software (and sometimes hardware) engineer. I rent and my lease is up in a few months from now. I lost my job several months back (large layoff at work) and I've not found a job, yet. I have savings to last me a while, but the big fear for me right now: how the hell am I going to find a new place to live (I have to leave where I'm at right now, when the lease is over) if I don't have a job at the time? and enough income shown via 'paystubs' to make a landlord want to pick me for a renter?

      in the bay area, things really can suck if you end up unemployed at the time that you choose (or are forced) to move. even with good savings and a great past history, landlords will simply pass you by! its absurd, but they all demand to see 3mos of income (at least) or they won't consider you.

      you can be good - and just a bit unlucky for a short while - and end up nearly homeless or actually homeless. its frightening. as of right now, I don't have a job and while I'm trying my best, I don't know what's going to happen when the lease time is up.

      I've lived in the US all my life and I've contributed (well, I think) to the companies I've worked for. but the past 10 years or so, I've found that its extremely hard to find jobs and everyone I'm being interviewed by is from another country. there are not a lot of americans being hired and working in the bay area and its not something that I'm imagining, either. its real. and its affecting me and my ability to keep a roof over my head; quite literally, in this case.

      we owe more to our own people - ones that were born and raised here - than we do for others. I'm sorry, but that's just how I feel. every other country has a 'take care of our own, first' ethic. I don't know why we don't also prefer to take care of our own, first.

      --

      --
      "It is now safe to switch off your computer."
  6. Re:have a high H1B minwage / let them work anywher by jrumney · · Score: 5, Insightful

    This. If you set the minimum H1B wage at 120% of the average wage in that area for that type of work and experience, then we can have confidence that the purpose of H1B is to fill skill shortages. By allowing them to be employed for less than the going rate of a local, employers are just encouraged to find loopholes to enable them to employ lower wage workers. And by not tying them to a specific job, you remove the ability of employers to find other ways to abuse the system (such as paying them 120% of the average wage to work 150% of the average hours) since the employee can always go elsewhere.

    As for spouses working - if someone is good enough to import for their labour skills, at least have the decency to treat them and their family like you would anyone else. If you think this will have an adverse impact on the local labor market, then you probably shouldn't be letting them in in the first place.

  7. Simple corruption by Spy+Handler · · Score: 4, Insightful

    Americans like to talk smugly about how corrupt China and Mexico are. Well guess what, great U S of A is pretty goddamn corrupt.

    Facebook and Microsoft want cheaper workers, they lobby the gov't (i.e. grease palms with money) for more H1B. Disney wants to milk more money out of Mickey Mouse, it lobbies the gov't until copyright laws extend for centuries. And please explain how this benefits the public (as opposed to benefitting Microsoft/Disney).

  8. Re:have a high H1B minwage / let them work anywher by SourceFrog · · Score: 4, Insightful

    "And by not tying them to a specific job"

    This. By tying H1B's to an employer, they effectively become chattel for the employer for the duration of their H1B work - beholden to the company, they have no real negotiating power and this is what really drives wages down (or more accurately, prevents them rising).

    --
    My other UID is three digits.
  9. It really does make sense, though fewer H1Bs might by raymorris · · Score: 3, Informative

    We might be granting too many H1Bs, I don't know. I haven't seen reliable, relevant numbers. That's a separate discussion.

        However, IF you're going to allow a couple to come into the country and IF you're going to allow one of them to work, it makes sense to allow the other to work legally. If you don't , they'll probably work illegally, but having them here and not working isn't helpful. As long as they are here, the best thing for America is that they are being productive. It's best that they be doing something useful and then paying taxes like other workers. The other options are that they aren't doing anything productive, in which case they are just an extra incremental load on the infrastructure, or they are working unlawfully and probably not paying their fair share of taxes.

  10. Re:throw them the fuck out by Opportunist · · Score: 3, Insightful

    Well, maybe let's have a civil discussion about it. First of all, return H1Bs to what they were supposed to be: A way to get key personnel with unique skills. And sorry, but when I see how certain corporations carpet bomb the relevant fed offices with applications, I can't really believe that to be the reason for them. You really need dozen and dozen of key personnel with skills you can't find here, every single year? Who do you want to bullshit here?

    H1Bs are something that should be the exception. It became the rule, though. And that's what's wrong about it. They should be a way to remove a roadblock, to avoid a shortage of people with unique and hard to find skill sets, or to import very specific people who are for some reason very, very important in a certain field. But for the latter to apply to you, if the field was Linux, you better be Linus Torvalds or else you're just not important enough (just to illustrate what I mean with "important in a specific field").

    That's what H1Bs are about and that's what they should be used for.

    And I could hardly think of anyone having a problem with this, except for some xenophobic hillbillies who fear the dilution of the true American blood.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. Re:Aaaaaaannd..... by ebno-10db · · Score: 3, Insightful

    a lot of high quality IT people I know are gay

    A lot of them don't know what their sexual orientation is, because they're unfamiliar with sex.

  12. Well what is the alternative? by the+eric+conspiracy · · Score: 4, Informative

    Sadly I think it's offshoring. If you don't let companies bring workers to the United States they are going to set up shop where the workers live. This has much more negative effects - lower tax base, lower economic activity in the US etc. than letting these workers come here.

    Yes it depresses US wages and makes the job market tighter for US citizens. But at least the company still has operations and employees in the US that are paying taxes.

    Ideally there would be US citizens working in the US taking these jobs. But non-US citizens working in the US on these jobs is better than non-US citizens working in Bangalore some other non-US location doing these jobs.

    If you want to cut down on this, it is absolutely necessary to improve the US education system. What we have now truly sucks, as this OECD report describes:

    http://www.oecd.org/site/piaac...

  13. Lump of Labor Fallacy is itself a Fallacy... by Paul+Fernhout · · Score: 4, Interesting

    ... due to the law of diminishing returns... http://en.wikipedia.org/wiki/D...

    H1Bs directly reduce wages of technical employees, plus they also displace local contractors who otherwise get much higher hourly rates than employees generally due to the short term nature of the projects and higher skill levels and so on. Even if there is not a lump of labor, there is such a thing as a fixed budget at any point in time.

    The US created just about zero net new jobs in the last decade while the population and the GDP grew. So, output is increasing in a 21st century economy while labor stays fixed or declines as a percent of the population.

    On top of that, it doesn't matter how much labor is needed if it can be done more cheaply by robots and AIs. And before such replace human workers entirely, they will let a few workers do the work of many, thus increasing unemployment,

    There are many possible "solutions" to this situation being tried, which I catalog here:
    http://pdfernhout.net/beyond-a...

    The real future of work is to make it play and pleasant. See Bob Black and EF Schumacher:

    Black: http://www.whywork.org/rethink...
    "What I really want to see is work turned into play. A first step is to discard the notions of a "job" and an "occupation." Even activities that already have some ludic content lose most of it by being reduced to jobs which certain people, and only those people, are forced to do to the exclusion of all else. Is it not odd that farm workers toil painfully in the fields while their air-conditioned masters go home every weekend and putter about in their gardens? Under a system of permanent revelry, we will witness the Golden Age of the dilettante which will put the Renaissance to shame. There won't be any more jobs, just things to do and people to do them."

    Schumacher: http://www.centerforneweconomi...
    "The Buddhist point of view takes the function of work to be at least threefold: to give man a chance to utilise and develop his faculties; to enable him to overcome his ego-centredness by joining with other people in a common task; and to bring forth the goods and services needed for a becoming existence. Again, the consequences that flow from this view are endless. To organise work in such a manner that it becomes meaningless, boring, stultifying, or nerve-racking for the worker would be little short of criminal; it would indicate a greater concern with goods than with people, an evil lack of compassion and a soul-destroying degree of attachment to the most primitive side of this worldly existence. Equally, to strive for leisure as an alternative to work would be considered a complete misunderstanding of one of the basic truths of human existence, namely that work and leisure are complementary parts of the same living process and cannot be separated without destroying the joy of work and the bliss of leisure."

    The 1950s short story "The Skills of Xanadu" by Theodore Sturgeon depicts a society powered by mobile computing that has realized both these objectives (especially the first).
    http://books.google.com/books?...
    https://archive.org/details/pr...

    For some comic relief see also the 1950s story "The Midas Plague" where only the very wealthy were allowed to have full-time jobs and work overtime and live in small homes, while everyone else was limited to part-time jobs as best or unemployment and forced consumption of mansions and massive amounts of food and consumer goods at worst..
    http://en.wikipedia.org/wiki/M...

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  14. Same old slashdot, same old circle jerk by atari2600 · · Score: 3, Insightful

    Look up the lump of labor fallacy. In fact, allow me: http://en.wikipedia.org/wiki/L... Labor isn't a zero sum game. More immigrants creates more jobs in the system.

    Does the H1-B system need reform? Yes
    Does the immigration system need reform? Yes
    Does the L1 system need to be scrapped? Quite probably
    Does slashdot circle jerk without getting the idea? Yep

    Am I missing nothing? Yep.

  15. who said it would be a girl? by Anonymous Coward · · Score: 4, Funny

    We have gay marriage now and the software scene is still mostly male, unfortunately.

  16. H1b Is a marriage killer in its current form! by aralin · · Score: 3, Insightful

    Nobody talks about one really important issue. The H1b is such a strain on a married couple that more than half of the marriages end in divorce during the term of the visa. It is absolute killer. Many of the spouses are university educated and have to abandon their career to sit idly by, get bored. They leave all their friends and family behind back in their country of origin. Sometimes having children solves the problem, but often this takes extreme toll. Same on the visa holder, who gets new job in a new country, doesn't know the conditions, has to support family from a single income in place with no extended family support. And every time you come home, there is your bored spouse ready to jump you and do stuff, while you are tired and want to rest from work. It is a huge strain on couples. Giving EAD to H4 holders while the GC is pending is EXACTLY the change H1b program needs to stop being the marriage killer it is now.

    --
    If programs would be read like poetry, most programmers would be Vogons.
    1. Re:H1b Is a marriage killer in its current form! by Thruen · · Score: 4, Insightful

      Nobody is forcing them to pack up their family and move here. What you're describing is the same for anyone who needs to relocate for a job, though I admit it's more difficult when relocating to another country. All of the potential consequences need to be factored in if they're going to move, the same as for anyone else who relocates for a job or any other reason. If they're living a good life, one of the two is well employed, and they don't want to pack up and leave, they're not being forced to. As it is, unemployment and underemployment are still serious issues in the US for everyone, and that's killing marriages for citizens as well! While I can see people making the argument it isn't fair to tell the H1B workers' spouses they can't work, the H1B worker has already been granted a special privilege to be able to work here and it's also unfair to grant that same privilege to the spouse just for being married to them.

      There are a lot of problems with our immigration system, and I would never suggest we stop allowing people to come to this country and work toward improving their lives, but the fact is there already isn't enough work to go around and it isn't fair to those of us already here to keep willingly increasing the rate at which we add workers to the pool, not until jobs are added at the same rate. It sounds like you'd have to be a dick to say, "You can't work in the country you live in," but that only looks at half the story. It's still pretty damn generous to say, "If you want, you can take your family and move to this country so you can be employed here, but your spouse won't be able to work while they're here." If that doesn't sound like a sweet deal, simple solution, don't take it. It's up to them to decide what's best for them, it's not up to us to sweeten the deal until it is what's best for them.

  17. Re:Sincerity? Green Cards by meta-monkey · · Score: 3, Insightful

    You are operating under a false assumption. You believe the goal of government is to "make America stronger." It is not. The purpose of the government is to serve the interests of wealthy corporations and individuals. Corporations and stockholders, the owning class, want indentured servants (they'd prefer slaves, but there's that pesky 14th amendment). The H1B visa program is just one method by which they acquire these servants.

    --
    We don't have a state-run media we have a media-run state.