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Trump's Next Immigration Move To Affect H-1B Visas; Require Tech Companies To Try To Hire Americans First: Bloomberg (bloomberg.com)

AdamnSelene writes: A report in Bloomberg describes a draft executive order that will hit the tech industry hard and potentially change the way those companies recruit workers from abroad. The H-1B, L-1, E-2, and B1 work visa programs would be targeted by requiring companies to prioritize higher-paid immigrant workers over lower-paid workers. In addition, the order will impose statistical reporting requirements on tech companies who sponsor workers under these programs. The order is expected to impact STEM workers from India the most. Penguinisto adds: If (perhaps when) the president follows through, his next move could limit or at least seriously alter the way H-1B visas are distributed, putting U.S. citizens at a higher priority, and possibly restricting H1-B visas tighter. From the article: "If implemented, the reforms could shift the way American companies like Microsoft, Amazon and Apple recruit talent and force wholesale changes at Indian companies such as Infosys and Wipro. Businesses would have to try to hire Americans first and if they recruit foreign workers, priority would be given to the most highly paid. "Our country's immigration policies should be designed and implemented to serve, first and foremost, the U.S. national interest," the draft proposal reads, according to a copy reviewed by Bloomberg. "Visa programs for foreign workers should be administered in a manner that protects the civil rights of American workers and current lawful residents, and that prioritizes the protection of American workers -- our forgotten working people -- and the jobs they hold."

28 of 834 comments (clear)

  1. About by Anonymous Coward · · Score: 5, Insightful

    fucking TIME!

    1. Re:About by Anonymous Coward · · Score: 5, Insightful

      Do you support the $15 minimum wage, which it touted as a way of giving millions of unskilled workers a living wage?

      Or is your position something like: that sounds nice, and I'm sure some voting bloc is cheering now but what will really happen is that employment will be reduced and the work will be automated and/or moved elsewhere. So the workers that are getting "lifted up" may find themselves out of a job.

      Guess what. Technology workers like you and me aren't immune to the same damn laws of capitalism. Businesses will find a way to reduce costs and punch up their profits, no matter what populist measures are passed by the politicians.

    2. Re: About by dunkelfalke · · Score: 5, Insightful

      Voting out of spite is a very stupid thing to do, no matter for whom the vote was cast.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    3. Re:About by Proudrooster · · Score: 4, Insightful

      No wonder the tech community is so upset with Trump. Sergey, Tim, Picachu.

      Yes, we are a nation of immigrants, but at some point the country needs sustainable, reliable employment that doesn't shift or outsource with the wind.

      Imagine the following. Florida tells Disney they will have to move out of Orlanda because they found a Chineese company willing to come in and pay more taxes. They are generous and give Disney 6-months to relocate.

      That is equivalent of telling American workers they are going to lose their job to H1Bs or outsourcing. They have houses, families, communities, commitments, other employment. It just isn't feasible.

      So either we have unfettered capitalism, where companies can move to Ireland for Tax Evasion and/or use the government to give them unlimited, cheap labor either through visa programs or just simply turning a blind eye to immigration enforcement, OR THE PEOPLE of the USA have a leader that is going to inject sanity into the system and restrain capitalism to the point where we can have stability and a viable middle class.

      I for one do not want unrestrained laissez faire capitalism. If I wanted that, I could go work in Bejing where capitalism is choking out the Sun and factories like FoxConn have to put up suicide nets.

      Lastly, if we aren't producing workers that are college and/or career ready, CHANGE THE EDUCATIONAL SYSTEM. I do not know of a single state that REQUIRES COMPUTER PROGRAMMING TO GRADUATE. Prove me wrong, anybody. So what do you expect? Kids who are qualified to fill out worksheets. It's great!

      Our politicians scream for 21-st Century SKILLS, STEM and Skills, HI-Tech workers, yet these are the SAME PEOPLE WHO VOTE TO APPROVED ANEMIC EDUCATIONAL STANDARDS that do no include ANY 21st Century STEM, or HI-TECH. If something is a priority, MAKE IT A PRIORITY. Don't just talk about it and say, "Oh golly gee, wish we had more kids with 21st Century skills."

      You would think in our day and age DIGITAL LITERACY at a minimum would be required, but sadly we don't even have that in our educational system.

      So, I say, GO TRUMP! Be a man of action. The time for talking is over and the time for doing has begun. Maybe the other lip service politicians can learn something from you. Layeth the smacketh dowm brother!

    4. Re: About by mu22le · · Score: 4, Insightful

      Voting out of spite is a very stupid thing to do, no matter for whom the vote was cast.

      Voting out of spite is eventually inevitable, if you offer the voters no alternatives. Trump is a monster of your own making, whether you are a Democrat or a Republican.

  2. OK, help me out... by Frosty+Piss · · Score: 5, Insightful

    So, what's the "group think" on this one? Because I don't want to be called a racist or a xenophobe...

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    1. Re:OK, help me out... by pla · · Score: 5, Insightful

      Slashdot has been screaming for exactly this for literally decades now. So, I fully expect this particular conversation to get ugly

      That said - So far, Trump has done exactly what he said he would do. The first two or three days, okay, I'll admit it took us by surprise that a politician (new to it or not) didn't lie. At this point, anyone not expecting exactly this either wasn't paying attention during the election, or is just plain delusional.

      "May you live in exciting times"...

    2. Re:OK, help me out... by Anonymous Coward · · Score: 5, Insightful

      I'll help you out, I'm from East Europe, a US company with offices in here once hired some of us, some people from Southeast Asia and some people from Latin America, with not much saying about the project, just the required skills, then they shipped all of us to the West Coast for training, and once we were there, they told us that the American engineers were going to train us (including immigrants with green cards and American born), and afterwards they were going to be fired, and the projects moved abroad, while a few got H-1B visas to continue in site.

      We completed the training, and after coming back, I resigned as soon as possible.

      So, to make it easy for you. Any people with a moral compass will tell you that this visa programmes are being abused, and as a foreigner that was tricked into this miserable hamster wheel of abusive capitalism. I tell you:

      No, this isn't racist at all. They are making a huge profit with this in detriment of the American people.

      Companies should hire locally, and only bring foreign TALENT when it is really that, a very hard to get skill, not cheap paid engineers.

    3. Re:OK, help me out... by Anonymous Coward · · Score: 5, Insightful

      Not just Bay Area. Houston too. H1-B needs to end. No more indentured servitude.

    4. Re:OK, help me out... by elrous0 · · Score: 4, Insightful

      its not racist when you can SEE with your own lying eyes that the bay area companies (I live here) are going out of their way to hire folks from india and china, first. the ONLY reason they do this is for money and servitude reasons.

      It's even worse when you see every U.S. President and Congressman (before now) taking big fat corporate campaign donations to play along. If Hillary had been elected, the corrupt H1B program would have at the very least stayed the same. At worst they would have gotten even more H1B's.

      Good to finally have a President who's willing to put his own country, and its citizens, first again. It's been a long time.

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    5. Re:OK, help me out... by Anonymous Coward · · Score: 4, Insightful

      This is what happens when the POTUS didn't take a single fucking dime from a single PAC or Corporation. He's fucking crazy but at least he's not a whore and some of what he's doing needed to be done. It wouldn't ever get done with a traditional whore politician. If we can somehow do something about campaign finance maybe this could be the norm.

    6. Re:OK, help me out... by scamper_22 · · Score: 5, Insightful

      Well I'll bite. I think David Frum said it most accurately.
      "When liberals insist that only fascists will defend borders, then voters will hire fascists to do the job liberals wonâ(TM)t do"

      It applies to most of Trump's 'core issues'. In and of themselves, they're not extreme issues.

      Controlling the border
      Keeping good jobs in America ...
      These used to be normal bread and butter conversations. It wasn't that long ago, tariffs were just regular policy. So to was controlling immigration numbers. There's nothing crazy or racist or xenophobic about any of it in and of itself.

      The problem is that people have been screaming about their issues for decades now and the 'mainstream' political parties have basically ignored it at best. At worst, they've made it horrible to even bring it up (calling someone racist...)

      For people on slashdot, it might be the H1B issue. For others, its the border. For others, it's their factory job.

    7. Re:OK, help me out... by TheGratefulNet · · Score: 4, Insightful

      if you tried, it would be a one-way trip.

      who would hire you after that? lawsuits are public record and your name would be out there.

      I can't afford to 'retire' now. can you? most cant.

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    8. Re:OK, help me out... by TheGratefulNet · · Score: 4, Insightful

      good! those are jobs we'd never have anyway.

      once they learn that the US's infrastructure IS a key reason why the US is the #1 tech country - they'll be back.

      bribes, outages, low service standards, low quality of work, all that will add up and companies have already learned that its not a good plan, long-term, to do this.

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    9. Re:OK, help me out... by ooloorie · · Score: 4, Insightful

      once they learn that the US's infrastructure IS a key reason why the US is the #1 tech country - they'll be back.

      The key reason the US is the #1 tech country is because tech workers like to live in the US. If you prevent tech workers from moving here, the tech industry will go where the people go.

    10. Re:OK, help me out... by rholtzjr · · Score: 5, Insightful
      You mean just like everyone said he was to become a shill for the liberal/conservative elites, how's that working out for them right now? He is actually rewriting parts of the political landscape .

      Say all you want about how he is going to screw everybody for his own benefit, but it can really only be said when he actually does it. So far he is pretty much on a roll about all the things he said he was going to do which is rare for a politician this day and age and that is what is freaking people out right now. His actions are not that of a typical US politician.

  3. It means don't replace Americans with cheaper H1-B by raymorris · · Score: 5, Insightful

    It means that if when this happens:

    ABC Inc wants to bring over someone who is actually special, who has skills not available locally. Since they have special skills, ABC Inc is willing to pay them $190,000

    XYZ Inc wants to import some entry-level coders, for $40K each ($20K cheaper than entry-level US workers)

    ABC Inc wins. They are getting someone with special skills not available locally, as *evidenced* by fact that they are willing to pay for those special skills.

    It's not perfect, but it's an improvement. No system is perfect.

  4. Hire American Heck, There is rampant H1B fraud by oldgraybeard · · Score: 5, Insightful

    Stop the fraud. These companies are firing Americans and replacing them with H1B individuals. And saying we can't find Americans with the skills! If the Americans they are firing don't have the skills, how could they be asked to train their replacements.

    And if their replacements had the skills, why would they need training!

    I have never been trained by an individual I was replacing ;) I was just dropped in the fire.

  5. Re: Goodbye Trump by Anonymous Coward · · Score: 5, Insightful

    "What's right?"

    I think you meant to say "He does what he thinks is right".

    That isn't to say that it is or isn't right - but Trump isn't automatically right on all things. Keep that in mind.

  6. Immigration, not Indentured Servitude by The+Raven · · Score: 5, Insightful

    I think we should abandon H1-B completely. If someone wants to work in the US, and has a job lined up here, then we should allow them to become a citizen within a year assuming they jump through the necessary hoops (take a night class, pass the citizenship exam, etc). This idiocy of requiring people to wait years, sometimes over a decade, to become a citizen while they work in the US at a well paying job is stupid.

    We are a nation of immigrants. It's in most of our blood. Immigrants start businesses far more than native born Americans because they are risk takers... if they are willing to uproot themselves and move to a foreign land, they are likely willing to take other risks as well. That kind of risk taking is what built our nation, and shutting it out only harms us in the long run.

    The H1-B program creates trapped workers who have to toe the line and rock no boats, lest they be fired and deported. This allows companies to abuse them in ways citizens would not put up with. An immigrant with citizenship is less of a threat to the livelihood of tech workers than an H1-B visitor, as companies would not be in a position to deport them if they asked for a raise; they could look for other jobs with impunity, and thus would compete on equal footing... and similarly, would not have to put up with artificially depressed wages.

    So open up immigration, and fuck the stupid fake 'work' visas.

    --
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  7. $100k isn't nearly enough by rsilvergun · · Score: 4, Insightful

    when you factor in training. And that's before we talk benefits, since most of these guys work for contractors. Also their young, but being here on work Visas nobody complains about age discrimination when their contracts don't get renewed past 40.

    You're massively underestimating how profitable the abuse here is because the scale of it is hard to grasp. It's completely pervasive. Anything less than $300k (adjusted yearly for inflation) isn't enough. Remember: these Visas are suppose to be for geniuses. The best and brightest. It's 2017. A code monkey makes $100k, especially on the West Coast.

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  8. Fighting greed with greed by raymorris · · Score: 5, Insightful

    The old way was "make a law telling companies they must ____." You pointed out how well that worked.

    Trump's draft order has taken a hint from Thomas Jefferson and James Madison's approach - if people are motivated by money, you set it up so that they make the most money by doing what you want.

    The draft order says that instead of approving H1-B applications at random, via a lottery, as it's done now, they are to use a different approach. If a company truly can't find American workers with the required skills, if the imported labor actually has special skills, the company will be willing to *pay* for those skills. Companies wanting to import cheaper entry-level prpgrammers won't pay them $180,000 / year. That's why Trump's order is to prioritize H1-Bs by salary. You want to import someone and pay them $40K? Go to the back of the line. You're willing to pay $200K salary because there truly aren't any Americans available with those skills? You're at the front of the line.

    It totally removes the motivation to use H1-Bs as cheaper replacements for American workers, because it makes H1-Bs cost more than American workers. The company who wants to minimize costs will hire Americans, whenever possible.

    Though it's not perfect, there is a certain genius to using their desire to minimize costs to get them to avoid H1-Bs. The founding fathers wrote about doing something similar. They deliberately set up a power struggle. It's designed so that a president could increase their power mainly by taking power away from Congress. On the other hand, Congress is a bunch of people who like having power and won't give it up easily. So to fight the President's desire for power, they used the Congresscritters' desire for power.

  9. Re: Your hyperbole is showing. by mmell · · Score: 4, Insightful
    Oh, sure. He's only violating the Constitution a little bit.

    For now, at least.

    And he's only banning Muslims from places where he doesn't have financial interests at stake.

    For now, at least.

    And he's only lying a little bit.

    Oh, wait - it's fashionable to call it "alternative truth" now, isn't it?

  10. Re:What about american companies with... by jeff4747 · · Score: 4, Insightful

    What US visa is required for a US company to hire someone in Bangalore to work in their Bangalore office?

    Answer: None. US immigration law is utterly irrelevant for that job, with or without this proposed order.

  11. Re:Simple solution to the H1B problem exists. by MightyMartian · · Score: 5, Insightful

    I'm not going to defend a clearly abused program, but I can certainly see in some occupations how that wouldn't be terribly reasonable at all. Universities often recruit professors and researchers from overseas, because it's a helluva lot easier to tempt a Cambridge-trained physicist, say, than to train one from the ground up. Once the fellow is here, the university's capacity to train new physicists actually improves.

    I think there are legitimate grounds for attracting foreign talent, but it has to be done in a way that doesn't allow companies to basically use foreign workers as a means of driving wages down. If a skillset is hard to find among the domestic population, due to a lack of training opportunities (in which case, bad on colleges and universities), or simply due to a sector be in a state of extensive growth, thus creating an effective shortage, then sure, why not?

    The biggest problem with these programs is that even where you require employers to demonstrate they've sought out domestic workers to fill the positions, they still find ways to cheat. Up here in Canada we had the Temporary Foreign worker program, which was, like the H1B program in the US, all about filling in holes in labor markets due to skill shortages, yada yada yada. Inevitably, you had some guy running a McDonalds claiming he couldn't find any local workers, and bringing in a bunch of foreign workers, often paying below minimum wage, and getting away with it in part because no one in the Federal government was paying any attention, and no one at the provincial level making sure minimum wages were enforced.

    My favorite trick, one which I saw first hand in my area, was hotels and resorts putting out job ads and either requiring absurd skills like "can speak Mandarin", or simply just shredding any resume that they received, and then proclaiming "You see, we had the job ad out for months, and there were too few applicants!" And of course because the government oversight in these programs is usually next to nothing, basically a few bureaucrats rubber stamping whatever came their way, with neither the resources nor the inclination to actually investigate, they got away with it for years.

    So if you're going to put restrictions on H1Bs, which I think is sensible, you're going to need to have an enforcement system in place that is effective enough to catch and make an example of enough of the cheaters to scare the rest straight, or they'll just simply find new and inventive ways to get past the rules. Foreign recruitment is a huge industry, and one that makes enough money to pay the lawyers to figure out how to game the system.

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  12. Re:What in the blue hell are you talking about by SvnLyrBrto · · Score: 5, Insightful

    That's why I personally think it's a better idea to scrap H1Bs entirely and replace them with a fast-track to actual green cards and citizenship for skilled* workers in the STEM fields. Take away the ability of employers to abuse immigrant workers with visas tied to specific jobs. And give same immigrants the resources and legal legitimacy to put down roots and contribute back to society; rather than making a quick buck and running or sending remittances back overseas. Everybody (except employers who WANT to abuse and underpay their workers... so everybody worth giving a crap about) wins.

    (*And I do mean provably-skilled workers though; NOT those clowns who pad their resume out to 10 pages, list so many certifications that the candidate wouldn't have had time to actually do any work, and whose degree comes from "Initech auto body, project management, and computer science academy".)

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  13. Re: Goodbye Trump by AaronW · · Score: 4, Insightful

    He cares very much what the media thinks. Why do you think he threw a temper tantrum when it was shown that he didn't have the biggest inauguration crowd? He's always checking the media because he's so insecure and so narcissistic.

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  14. Re:What in the blue hell are you talking about by meta-monkey · · Score: 5, Insightful

    And the notion that Trump is doing this simply for political reasons?

    Well, he is doing it for political reasons, as he's now a politician. His logic is very simple: listen to what the American people want, tell them you'll do that, then do it. They will then love you, and put you on Mt. Rushmore, which is Trump's endgame. He's got money, women, fame...what he didn't have was immortality. He'll have that now.

    And if you happen to think the things Trump is doing are not popular, you need to stop watching CNN and talk to some actual people. Every time he'd do something crazy the TV would say "surely this is the end of Trump!" And then his poll numbers would go up. Even things like the Muslim ban. Shockingly enough, people don't like Islam that much and don't see any value added to America by allowing Muslim immigration. All downside, no upside. Depending on how you ask the question, you'll get 40% ("ban all muslims") to 60% ("ban immigration from specific countries with a history of muslim terror with reasonable exceptions") approval. When you're saying something 60% of people agree with, your numbers aren't going down, even though 0% of people on TV agree with it.

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