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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 MightyMartian · · Score: 5, Interesting

      Except that more than just 16 year olds work at places like this, and Walmart in particular, through its part time employment practices, essentially uses the taxpayer as its benefits system. If Walmart is to be allowed to pay a very minimum wage, then it should at least be forced to provide a large amount of full time employment.

      In actuality Walmart seems to be slowly realizing that its employment practices lead to high turnover, and the cost of training new employees is actually costing it money. There's something to be said for a decent wage and benefits if you're talking about retention. If you could pay one 17 year who you trained to clean the bathrooms and sweep the floor, and he stayed at the job for more than a few months, wouldn't that ultimately be cheaper than having to train a new person with some frequency, even if the training isn't overly complex?

      What you're talking about here is a rather one-dimensional of the worth of a job, even a so-called "low skilled job". There are damned few jobs that literally require no training whatsoever, and not that many where the training takes a few hours. A place like McDonalds or Walmart can actually have a good deal of training in safety, processes, systems and the like that can extend longer than one shift, and thus every time you have to replace an employee who you've pissed on because you're paying them shit wages, you're costs actually go up. And that's not even talking about productivity and quality issues that come from paying piss poor wages.

      Want to solve the housing problem, don't starve people out. Build more houses. If the market can support the jobs, then the market can support the housing, unless of course you're talking about a real estate bubble, and in the hottest markets that has fuck all to do with minimum wages, and everything to do with speculators, and in some areas, like Seattle, Vancouver, Toronto and London, it has to do with wealthy foreign buyers planting their cash into what they view as safe real estate market. That somebody working at McDonalds slinging burgers for $15 an hour is utterly irrelevant in these kinds of markets, and cutting their wage in half wouldn't bring the housing prices down at all, because there is little if any relation between the overheated market and the hourly wage of burger slingers and door greeters.

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    3. 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
  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 The+Joe+Kewl · · Score: 5, Interesting

      Call me whatever the F you want. I wish this was around 7 years ago when I got outsourced after 9 1/2 years with my previous company!

    2. Re:OK, help me out... by TheGratefulNet · · Score: 5, Informative

      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.

      when I interview and everyone on the table is indian, I can tell that there is a total loss of BALANCE in racial and cultural mix. the bay area is very india-populated but not THAT much that 99% of the folks I talk to in every single interview are all indian, with occasional chinese.

      it simply does not represent the population mix and that's obvious to anyone who spends even a week here.

      --

      --
      "It is now safe to switch off your computer."
    3. 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"...

    4. 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.

    5. 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.

    6. Re:OK, help me out... by Anonymous Coward · · Score: 5, Informative

      Interesting you should say that. Looks like Reagan had an unusually low percentage of kept promises compared to other presidents.

      But you know, they didn't call him the teflon president for nothing. The way his legend has grown over the years, seems like embalming fluid must have been fortified with teflon.

    7. Re:OK, help me out... by Samantha+Wright · · Score: 5, Interesting

      The H-1B visa was a mistake. Even in Canada, employers have to go through a lengthy Labour Market Impact Assessment process before they can hire a temporary foreign worker, and some companies have had their privileges to do so revoked because they misrepresented their case and made it look like Canadians weren't available to do the job. We also have tighter salary laws. Extreme sub-market wages hurt everyone in the end—including the company, which ends up with damaged morale, weakened culture, and subpar work caused by inadequate training.

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    8. 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.

    9. Re:OK, help me out... by Mashiki · · Score: 5, Interesting

      The TFW program is being abused badly and more so since Trudeau loosened the rules that Harper had put into place. More people are losing their jobs to imported workers, and not just the very bottom rung. But skilled tradesman like welders, pipefitters, machinists and so on. The process isn't stringent enough here in Canada, and companies have already figured out how to abuse it.

      --
      Om, nomnomnom...
    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. Make sure the H1Bs are paid $100k by mveloso · · Score: 5, Interesting

    If you make sure an H1B holder is paid over $100k a year the abuses will stop.

    Or require them to be paid the average prevailing wage of the position in the CEO's MSA.

    Either one will kill large chunks of the body-shop industry.

    Lastly, put in a bounty program for body shops that use B1 visa holders for body shopping. Reporters get 40% of the imposed fine, which is a multiple of the salary delta between the body shoppers and the equivalent FTE.

  5. 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.

  6. 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.

  7. 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.

    --
    "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
  8. Fired after training three H1Bs by Lokubanda · · Score: 5, Informative

    I worked for Microsoft north of 15 years. My division hired something like 70 new H1Bs this year alone (all straight out college). I was one of the ones who trained three new hires. My job was gone in the next round of layoffs. Any company has massive layoffs should be mandated to first atleast consider the laid off staff before getting H1Bs. BTW, as an older and experienced person I command more than the younger H1Bs. It is baloney that the companies cant find talent locally. It is just the companies do not want to pay for it. BTW, I am of Indian ancestory.

  9. 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.

  10. What in the blue hell are you talking about by NotSoHeavyD3 · · Score: 5, Informative

    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.

    I guess you missed it. The big bitch session about H1B's is that it isn't capitalism, it's cronyism. It's using government to interfere with the market by letting business use effectively indentured servants. They bring people in that don't have the knowledge about how much the job is actually worth, suppressing wages. Then when they find out they're getting screwed just like US citizens they have no recourse since if they raise a stink they lose their status and have to go back while the company gets yet another sucker. If this was capitalism then the foreign candidates would just work for somebody else that actually paid them what they're worth but with the H1B program they're prevented from taking any action. But hey, it's not as though this is the only time a company thought that using cronyism is a hell of a lot better deal than actual capitalism.

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    1. Re:What in the blue hell are you talking about by Dutch+Gun · · Score: 5, Interesting

      US companies generally don't want to set up shop in some foreign country. They want the comfort, safety, infrastructure, and lifestyle that comes from living in the US. They just want to import cheap code-monkeys to work locally, rather than pay full price for local code-monkeys.

      If they decide to relocate to another country, that's fine. Let them move to China or India. They can let us know how easy it is for an American company to set up shop and take local jobs away from local tech companies. I'm going to guess that'll be a bit harder than they thought. Or if they can outsource all their coding/IT away and get the results they like, fine with me as well. That's legitimate global competition, but you have to take the bad with the good. In other words, they'd just better not cry to me when all their code or data mysteriously turns up in competing products and services, or on the black market, similar to what hardware makers face these days in China.

      And the notion that Trump is doing this simply for political reasons? You guys don't get him. I don't think Trump is a deep or complicated person. He often speaks off the cuff, and said what he was going to do, and now he's doing it. It's pretty simple, but some people can't wrap their brains around it because they see the back-room double-dealings of Clinton as normal and expected behavior for a politician, and so, naturally, expected the same from him. He still has nearly four years to disappoint everyone, so we'll see.

      --
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    2. 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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    3. 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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  11. Simple solution to the H1B problem exists. by goombah99 · · Score: 5, Interesting

    All you have to do is insist that any person hired on H1B receive a salary 25% higher than the highest paid equivalent level US person in the company. If they are willing to pay the premium then it's pretty clear it's not bullsh*t to say they are more qualified for the job. I've seen proposals to simply fix the salary at say $150K . but a fixed salary can't span the distance from academia to industry or across various types of work.

    As someone who handles a lot of resumes I plainly see that many foreign applicants are infact more qualified in some cases. So I don't think they should end the H1B program. They just need to end the abuse of it.

    --
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    1. 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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