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Trump Administration Tightens Scrutiny of Skilled Worker Visa Applicants (inc.com)
wyattstorch516 writes: The Trump administration is tightening the scrutiny on the H-1B visa program (Warning: paywalled; alternative source). Changes would undo actions by the Obama administration. There are two big regulatory changes looming that would undo actions by the Obama administration. "The first change allowed spouses of H-1B workers the right to work. That regulation is being challenged in court and the Trump administration is expected to eliminate the provision rather than defend it," reports WSJ. "The second change affects the Optional Practical Training program, which allows foreign graduates from U.S. colleges in science and technology an extra two years of work authorization, giving them time to win an H-1B visa. The Trump administration could kill that benefit or reduce the two-year window, according to people familiar with the discussions." The Journal highlights a "series of more modest changes that have added scrutiny to visa processing":
- "USCIS directed last month that adjudicators no longer pay 'deference' to past determinations for renewal applications. This means an applicant's past approval won't carry any weight if he or she applies for a renewal.
- The agency is conducting more applicant interviews, which critics say slows the system. The agency spokesman says this process will ramp up over several years and is needed to detect fraud and make accurate decisions.
- In the spring, the agency suspended premium processing, which allowed for fast-track consideration to those who paid an extra fee. This option wasn't resumed until October, meaning many workers who qualified for a coveted H-1B visa had to wait months for a decision.
- State Department officials have been told to consider that Mr. Trump's 'Buy American, Hire American' executive order directs visa programs must 'protect the interests of United States workers.' And the Foreign Affairs Manual now instructs officers to scrutinize applications of students to ensure they plan to return to their home countries. A State Department official said the official rules haven't changed but said a 'comprehensive' review is under way."
- "USCIS directed last month that adjudicators no longer pay 'deference' to past determinations for renewal applications. This means an applicant's past approval won't carry any weight if he or she applies for a renewal.
- The agency is conducting more applicant interviews, which critics say slows the system. The agency spokesman says this process will ramp up over several years and is needed to detect fraud and make accurate decisions.
- In the spring, the agency suspended premium processing, which allowed for fast-track consideration to those who paid an extra fee. This option wasn't resumed until October, meaning many workers who qualified for a coveted H-1B visa had to wait months for a decision.
- State Department officials have been told to consider that Mr. Trump's 'Buy American, Hire American' executive order directs visa programs must 'protect the interests of United States workers.' And the Foreign Affairs Manual now instructs officers to scrutinize applications of students to ensure they plan to return to their home countries. A State Department official said the official rules haven't changed but said a 'comprehensive' review is under way."
First off, it's "President Trump" and execution of his platform is pretty much what the voters expect, isn't it? Or have we come to expect less of our voted officials?
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Large-ish tech company (ASIC design), headquarters in SV, but we're a satellite office elsewhere. Of maybe 40 people, I'd wager at least a third are H1B, and probably a quarter are on OTP. And we're growing and still hiring.
We've posted and solicited all over, websites LinkedIn, colleges, etc. We just can't get very many American applications. No idea why, but we hire from the pool of applicants, so we have lots of talented H1Bs. If this goes through, our applicant pool is going to get even smaller.
Immigration law is just that - law. Enforcing the law is the job of the executive branch. I see nothing wrong with enforcing the laws on the books. If you don't like the law - work with your congresscritter to change the law.
For businesses claiming a "shortage of talent" - I want to ask one question: How many internships and apprenticeships have you sponsored? I'm not talking about running-for-coffee internships. I'm talking about partnering with one or two local engineering colleges, taking a couple of prospective grads and training them to do the highly skilled work that you want done.
Too many businesses complain about a talent shortage, do nothing to solve the problem, and then ask for Government to solve the problem for them.
You may like (or not like) German immigration policy - but you can not also ignore the fact that Germany integrates training for their skilled workforce into the education of that workforce - and the on-the-job training is done by the industries that need the talent.
If you aren't doing anything to try and fix the problem, you have no right to complain about it.
There are two optional practical trainings possible for students admitted to accredited US universities. Curricular Practical Training that happens before graduation. and Optional Practical Training, that happens after graduation. Both are limited to 12 months. In addition for STEM graduates, there is an additional 15 month extension to the OPT, allowing them 27 months of work permit, and if you include CPT, an F1 student can work for 39 months in USA.
This news item seems to suggest the 15 month additional time give to STEM graduates is going to be taken away.
I have seen the abuse of CPT and OPT. Mostly in non science fields. People enroll in a 12 month "executive MBA" programs in cheap less popular state schools, (heard of Indiana University of Pennsylvania, or University of California at Washington PA? these legit PA state schools with low fee), and game the system to work get 24 months and sometimes wangle another 15 month by showing their STEM undergrad degree from some diploma mill in India.
On the other hand, people coming to USA, be eligible to enroll in legitimate accredited US univ, with a genuine STEM program and get the degree and get to work in USA are the good kind of immigrants/workers we Americans should seek to encourage.
What we need to really fight is the way the body shopping Indian companies like TCS or Wipro or Infosys or their American counter parts Accenture, Syntel, iGate who game the system by claiming degrees from Indian Diploma mills to be equivalent to American Accredited university degrees. This is the abuse we should fight. Any Indian, Chinese, or any one, who struggles through GRE the way my kids do, and do a genuine Masters should be welcomed.
But the body shopping companies have the money to spend of lawyers to game the system, and the unorganized students from foreign countries can't match them.
Think about what we are doing here, we recruit smart people from all over the world, give them an American standard education, insight into American way of doing things, and then send them back. At the same time, we allow low quality graduates from Indian diploma mills to flood our system depressing the wages of Americans.
Can we be more insane than this? The incredible stupidity of our system astounds me.
I am from India, now I am an American and as American I want the next generation of me from India. Not the TCS dummies.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
"Not enough Americans qualified, willing and able to do the work" at the wages offered. So instead of increasing the wages, Trump promotes America First by hiring foreigners.
Profits First for Trump. But of course this is for him and only him. Anyone else who tries this, such as the H-1B program, is subject to extra scrutiny thanks to Trump's executive order because we can't have foreigners taking our jobs if there's any possibility of an American doing the job!
Americans sometimes wonder why real wages have stayed stagnant since the 1960s. The simple answer is supply and demand: in response to the toxic effect of unions, businesses have been lobbying for us to dump more people into the workforce. This increases supply and thus reduces wages, which allows business to counter-act unions. We have been flooding the workforce since the 1960s with women, Hart-Cellar Act third world labor, illegal immigrants, H1Bs, and now digital helpers like computers and (soon) robots. Each one of these dumps cuts wages. What Trump is doing is pure business logic: he is reducing supply, increasing demand, and therefore, raising wages.
Alternative Right.
Easy enough to fix - don't allow them to hire any H1B that doesn't meet all their stated requirements. If they want to lower the requirements, they must first prove they couldn't find an American that meets those lowered requirements either.
The H1B system is being horribly abused, but simply enforcing the existing rules would eliminate most of the problems. Requiring a public job listing on a single nationwide job board would be a relatively easy way to make sure the companies are actually looking for local talent before resorting to imported labor ("We see 653 Americans applied for this position through the board. Please prove that none of them met your requirements...")
An alternate method I've heard proposed is to require that H1B's be paid at least X% more than the median salary for comparable positions - after all, they're supposed to have such impressive skills that the local job pool can't satisfy the demand.
--- Most topics have many sides worth arguing, allow me to take one opposite you.
I really wish these morons would understand that the US needs to compete in technology. And when you get to the bleeding edge of technology, the people who truly understand and are working to develop the "new things" are usually just a handful. And that handful of people rarely lives in the US. In my career, there are about 70 people around the world who work on the same technology, and the vast majority aren't American. We already have to get tons of H1B visas to compete. There simply aren't people in the states with the skillset, knowlege, and desire to work in the area.