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Computer Programmers May No Longer Be Eligible For H-1B Visas [Update] (axios.com)

Two anonymous readers share a report: U.S. Citizenship and Immigration Services quietly over the weekend released new guidance that computer programmers are no longer presumed to be eligible for H-1B visas. This aligns with the administration's focus on reserving the temporary visas for very high-skilled (and higher-paid) professionals while encouraging low- and mid-level jobs to go to American workers instead. The new guidance affects applications for the lottery for 2018 fiscal year that opened Monday. Companies applying for H-1B visas for computer programming positions will have to submit additional evidence showing that the jobs are complex or specialized and require professional degrees. From a Bloomberg report, which has confirmation: The U.S. Citizenship and Immigration Services department issued a memorandum that makes it harder for companies to bring foreign technology workers to the U.S. using the H-1B visa process. The new guidelines, issued late Friday, require additional information for computer programmers applying for the work visa to prove the jobs are complicated and require more advanced knowledge and experience. The new policy is effective immediately, so it will change how companies apply for the visas in an annual lottery process that begins Monday. Indian outsourcing firms, which have faced the most amount of criticism, stand to lose the most. The changes don't explicitly prohibit any applications for a specific type of job. Instead, they bring more scrutiny to those for computer programmers doing the simplest jobs.

22 of 352 comments (clear)

  1. TRUMP DID THE NEEDFUL by Anonymous Coward · · Score: 5, Funny


     

  2. And you don't think they will make up stuff by Anonymous Coward · · Score: 5, Insightful

    .. to meet the requirements?

    "Companies applying for H-1B visas for computer programming positions will have to submit additional evidence showing that the jobs are complex or specialized and require professional degrees."

    1. Re:And you don't think they will make up stuff by kimanaw · · Score: 5, Interesting

      Re:And you don't think they will make up *more* stuff

      FTFY. If you've ever reviewed some of those H1B resumes, or interviewed the candidates, you know they've already been making stuff up for quite a while.

      --
      007: "Who are you?"
      Pussy: "My name is Pussy Galore."
      007: "I must be dreaming..."
    2. Re: And you don't think they will make up stuff by __aaclcg7560 · · Score: 5, Insightful

      If you were smart, you'd be writing software to simply output all the unique items from the spreadsheet so you have to only view a portion of the spreadsheet.

      We write scripts to fix 80,000+ workstations at a time. While the script is running, I'm posting comments on Slashdot.

      But that's why you work in gov't. They should outsource your job to monkeys.

      Monkeys don't qualify for security clearances.

  3. So I will earn $20,000 more a year now right... by Oswald+McWeany · · Score: 5, Funny

    So I can expect my salary to go up $20k a year overnight now right? Now my fellow foreigners are no longer allowed in it's going to be land of milk and honey for all us developers... right?

    --
    "That's the way to do it" - Punch
    1. Re:So I will earn $20,000 more a year now right... by leonbev · · Score: 5, Insightful

      Not really. It probably increases your chances of the entire software team getting outsourced overseas to cut costs, though.

      You'll also still have those wonderful IT contracting firms who bring in people on temporary work visas six months at a time. They rotate them out and send the trained guy back home right when they get to the point when they start to understand how the system really works. That shit should be illegal.

  4. Distinction is about college requirement by ranton · · Score: 5, Interesting

    After reading the recommendations, computer programmers as a profession are not being limited. Programmers who only have an associates degree will be limited. I'm not sure how many H1-B holders only have associates degrees, but I haven't met any.

    --
    -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  5. I'm glad Trump is doing the right thing here by Anonymous Coward · · Score: 5, Insightful

    The purpose of H1-B visas is to fill positions that companies can not fill with American workers, regardless of price. Greed CEOs, of course, promptly abused the system to use it to pull down wages and increase unemployment for US workers, such as when Disney forced US workers to train their lower cost H1-B replacements (nytimes link).

    Trump is doing the right thing here. The actual memo (PDF file) spells out the new policy: just because the position needs a computer programmer, we can automatically have an H1-B fill the position.

    I am no supporter of Trump and voted for Hillary last November, but I am not blinded by partisan politics; he's doing the right thing here: Protecting hard working Americans.

  6. this is old news by fightinfilipino · · Score: 5, Interesting

    USCIS has already considered Computer Programmer positions more skeptically. to qualify for an H-1B, the position has to require at minimum a bachelor's degree in a specialty field, or the equivalent. some Programmer positions are complex and require this, some do not.

    the weird thing is, USCIS should already know this: https://www.bls.gov/ooh/comput...

    seems like USCIS officers are about as well trained as TSA officers

  7. Re:The irony.... by Anonymous Coward · · Score: 5, Insightful

    So in essence this is returning the H1B program to what it was intended to do? (Let the U.S cherry pick the world's top talent and not import cheap semi-skilled labor en masse)

    If that actually works, you could argue that this is Donald keeping his promise to laid off tech workers.

  8. Re:The irony.... by bobbied · · Score: 5, Insightful

    How about "enabling American workers to fill highly qualified positions"?

    How do you propose to do that exactly? Seems to me that removing the seemingly cheaper H1B option for companies is a step in this direction...

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. Experience is how they become "qualified". by Anonymous Coward · · Score: 5, Insightful

    How does somebody become a qualified expert?

    Foundational knowledge + experience.

    Acquiring the necessary foundational knowledge isn't the hard part. There are many colleges and other forms of training available to American students that can help provide that.

    It's experience that takes somebody from merely having knowledge and helps make them a qualified expert.

    Do you know how you get experience? You start off at an entry level position, do work, and over time you'll gain experience. Then such people can move on to mid-level positions with greater responsibility, and get additional experience. Finally, after a long time of doing this, at least some of those people will become qualified experts.

    But that progression can't happen if Americans can't even get the entry level experience due to employment market distortions caused by broken government programs that essentially import unreasonably cheap third-world labor into America.

    Starting at the bottom is the most sensible thing to do. Yes, it will take time, but by allowing Americans to again get entry level experience it will eventually allow them to become the experts that America so desperately needs.

  10. Won't they just change the job titles? by ErichTheRed · · Score: 5, Insightful

    The company I work for is a light user of H-1B visas, mainly as a way to get foriegn workers into the US to work on different projects. From what I've heard, there's already some sort of "Labor Certification" process that is basically a bunch of hoops to jump through. I'm not sure how this would be different -- the lawyers filing the requirements just make up the information on those requirements. This is the kind of stuff where you see companies posting jobs in some obscure newspaper classified section with absurd requirements, designed to show that they couldn't find any US citizen willing to do the job.

    I can definitely see "computer programmer" applications changing to "IT Architect" or "DevOps Engineer" or "Systems Engineer" quickly -- which still leaves us IT folks out of any reform. I've said before that I think the program itself is OK as originally intended -- a safety valve to bring in someone with known skills. The problem is the body shops and large companies who use it to fill low-end positions cheaply. As someone who's "older" and enjoys teaching newbies how not to screw up in IT positions, I really don't want to see the end of low-level employment in IT. How do you ever get up to the level of experience you actually need to be a senior guy if you don't have a ladder of low-level jobs to start with? I've done help desk, desktop support, data center operator monkey, sysadmin and I'm finally in a good engineering spot. If we don't have a pipeline of newbies, no one is going to understand the nuts and bolts you need to know to progress.

  11. Closing a loophole... by evolutionary · · Score: 5, Interesting

    While I'm not a Trump fan, our immigration laws regarding H1-B visa applications have been ignored by the Obama administration in the interests of big business (especially Google and Disney). We are supposed to be protecting American jobs and we have plenty of qualified IT professional (some unemployed). Companies were illegally hiring foreign (Indian in particular) professional to replace IT workers at a reduced salary. It's not to say that foreign IT workers are bad, but citizens come first. The procedures are clear: Show you are unable to find someone in the USA (you are supposed to show job postings and let a reasonable amount of time and show lack of qualifications of the applications) before you apply for a foreign worker visa.

    --
    "Imagination is more important than knowledge" - Einstein
    1. Re:Closing a loophole... by larkost · · Score: 5, Insightful

      Do you have any evidence that Google has been pulling in people to fill lower positions? Disney absolutely abused the system, but everything I have seen either personally or in statistics says that companies like Apple and Google have been using the system to pull in high-talent people, and they paying the accordingly. I know that Apple has off-shored a lot of low-level IT (to India), but that is not directly associated with the H1-B conversation, as those people are still living in India.

      The real abusers are places like Tata Consulting, Infosys, and Wipro where they secure the H1-B slots for consulting, then go and find actual work for the people they bring in (so the opposite of what is supposed to be happening). The chart in this article nicely lays out the problem, where outsourcing firms dominate the top 20 users of H1-B (data is from 2014, but is unlikely to have materially changed):

      https://www.nytimes.com/interactive/2015/11/06/us/outsourcing-companies-dominate-h1b-visas.html?_r=0

      At a guess I would lump half of the IBM positions (remember they are mainly a consulting company), and all the Deloitte & Touche positions in with the mis-use category. And then treat the Google, Amazon, Microsoft, Intel, and Apple (plus half of IBM) positions as valid uses of H1-B (I am sure there are some exceptions even there, but... on the whole...). A quick addition of what I just said has 4,329 legitimate H1-B and 27,806 dodgy positions in the top 20 users of the system (those 20 account for a bit less than half of the use: ~32K out of 85K positions).

  12. Re:The irony.... by Nidi62 · · Score: 5, Insightful

    Making America great again by "encouraging low- and mid-level jobs to go to American workers"? How about "enabling American workers to fill highly qualified positions"?

    5 more jobs paying 50k each is better than 1 job paying 250k. Those 5 guys at 50k are using that money to buy a house, pay rent, eat out, and go on vacations. The guy making 250k is tying most of that money up, either in overpriced real estate or putting it in a bank/stocks. You help the economy by putting money into circulation, which means it needs to be spent.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  13. They all have Master's Degrees Already... by bigdady92 · · Score: 5, Insightful

    when i worked at a major telecom all the Indian 'developers' had Master's degrees at the minimum. This would qualify them for 'highly skilled' technical jobs as the degrees themselves state as much.

    Now they couldn't code worth a damn, the libraries they included in the code ballooned the code base, and god help you if you needed documentation. They were some of the worst 'developers' I've ever met and 1/10 was decent enough to not build code that didn't melt the servers down. The whole reason we had a team of 5 System Admins supporting 2 floors of developers was because of their shoddy coding skills. It was great job security.

    --
    Wheel of Time: Book by Book and Sumview (summary review) Bigdady92 style: http://bigdady92.blogspot.com/
  14. Developer vs Programmer vs Engineer by ninthbit · · Score: 5, Insightful

    Gotta check the legal fine print on this one. Haven't most positions been retitled from "Programmer" to something else a while back? It's easy enough to talk around the skills and call the job something else.

  15. Easy Fix... by sycodon · · Score: 5, Insightful

    If you are required to train your replacement, then you don't need to be replaced and the H-1B should not be allowed in.

    Same for outsourcing. If you require your people to train the outsource company's employees, then the laws should make outsourcing extraordinarily difficult.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re:Easy Fix... by TWX · · Score: 5, Informative

      That's why they turned to companies like Unisys. Unisys makes the claims that it needs H1B workers, and Unisys seeks contracts with big companies to handle their IT services. Big companies dissolve their IT departments, push the duties to Unisys on-paper, Unisys brings workers into the facilities to displace butts-in-seats of existing IT staff and the original company forces displaced workers to perform training in order to get any kind of severance package. The company that gets Unisys' services feels that they retain a degree of control over the situation since the workers are in their own facilities and there's no need to open the company network up to the whole world for just rote maintenance.

      If you want to fix the problem, restricting the nature of the jobs eligible for H1B is a good start. I bet a lot of companies would not be so inclined to let foreigners on foreign soil so deeply into their networks as a matter of course, too much opportunity for malfeasance that might not be easily prosecuted or otherwise rectified, so those companies probably wouldn't seek to overseas their IT support to the degree that they're willing to outsource to outsiders within their own walls. Also raising the minimum wages required for H1B jobs would help, it would show that yes, those H1B workers really are worth the money and that the company really can't find the worker at nearly any wage. The $150,000 number with annual adjustments for inflation or cost of living makes sense, it means that truly skilled workers with advanced training that are not readily just internally trained or promoted would probably remain as they are, but lower-end skilled jobs that your average IT worker with five to ten years experience aren't outsourced to save 50%.

      --
      Do not look into laser with remaining eye.
  16. Of the ones I've worked with-- by XXongo · · Score: 5, Insightful
    Of the Indians I've worked with, some have been intelligent, creative, and well-educated, and some have been meets-minimal-competence.

    Pretty much just like the American citizens I've worked with.

  17. But will it be enforced? by TomGreenhaw · · Score: 5, Informative

    Much of the H1B law already prohibits the abuse we see, but the government specifically chooses to not enforce and punish the illegal activity.

    --
    Greed is the root of all evil.