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Trump Administration Cracks Down On H-1B Visa Abuse (cnn.com)

An anonymous reader quotes a report from CNN Money: The Trump administration is cracking down on companies that get visas for foreign workers and farm them out to employers. Some staffing agencies seek hard-to-get H-1B visas for high-skilled workers, only to contract them out to other companies. There's nothing inherently illegal about contracting out visa recipients, but the workers are supposed to maintain a relationship with their employers, among other requirements. In some cases, outsourcing firms flood the system with applicants. The U.S. Citizenship and Immigration Services agency said in a new policy memo released Thursday it will require more information about H-1B workers' employment to ensure the workers are doing what they were hired for. Companies will have to provide specific work assignments, including dates and locations, to verify the "employer-employee" relationship between the company applying for an H-1B and its visa recipient.

H-1B visas are valid for three years and can be renewed for another three years. The USCIS says it may limit the length of the visa to shorter than three years based the information an employer provides. For example, if an employer can't prove the H-1B holder is "more likely than not" needed for the full three years, the government might issue the visa for fewer than three years. The memo also says the administration wants to prevent employee "benching." That's when firms bring on H-1B visa holders but don't give them work and don't pay them the required wages while they wait for jobs.

27 of 252 comments (clear)

  1. Employers view H1b Visas as a worker for 33% pay. by Anonymous Coward · · Score: 5, Insightful

    Employers view H1b Visas as a worker for 33% pay.

    Oh, and they like the 'loyalty' of a worker who is dependent on them to stay in the country.

  2. Great! by richman555 · · Score: 5, Insightful

    A step in the right direction.... it has to continue until H1Bs are reduced and the American jobs and salaries increase.

    1. Re:Great! by Anonymous Coward · · Score: 4, Insightful

      Thank you for that statistically significant anecdote.

      Allow me to offer a counter example:

      A friend recently forwarded me a job listing for an engineering position in California. The job requires a college degree and multiple years of experience. It was a contract job and the rate was $21.50/hour. The firm that would hire is full of Indians.

      There's no God damned way you can convince me that $21.50 is a reasonable rate for the kind of work requested. Newly-graduated engineering or CS students average between $65,000 and $75,000 per year, which is at least $30/hour and that's not counting the cost of benefits.

      It is very clear that the job listing was fishing for either an illegal alien, a truly desperate U.S. citizen with the requisite skill set, or it was a perfunctory job search with a ridiculous wage so that an already-chosen H-1B worker could be hired.

    2. Re:Great! by richman555 · · Score: 4, Interesting

      I completely disagree. When I had to look for a new job a few years back I found that most all jobs are contract jobs for which you need to compete (and suffer) with Indian H1B workers who will work for less and many times without benefits. Rates are pretty much fixed between the employer and contracting company so that you essentially lose PTO, company provided healthcare options, 401k matching, Stock benefits etc. Also consider the H1B visa holder is beholden to the company that sponsors them and must pretty much do anything they want or need. I found that the market is absolutely flooded with H1Bs and its saturated. So now that contracted positions have become the 'new normal' (just check the job boards such as Indeed etc), American technology workers are thrown into the same churn of contracting jobs along with H1Bs. Your best and only hope is to be picked up as a full time employee (as some time of the companies choosing). 'Contract to hire' means pretty much nothing as well as companies don't really need to oblige. Also the normal tactic of most companies is to hire you full time for a salary minus any costs of PTO, Health Benefits, and 401k. This is where salary negotiation essentially falls apart. Overall, this is a crusher to the American technology worker. I know one would argue the cream will rise to the top, etc etc... but its about money. There is no cream rising anywhere for these companies. The American worker is pretty much screwed with few alternatives here. The H1B visa holder at least can go back to their country and have made a good bit of money relative to their currencies and obtain higher statuses. If were were to go crazy and not cap the H1B, I believe technology work in the US would cease for Americans. You would be better off looking at any other industry which pays benefits such as PTO, Health Benefits, and 401k to its employees. And recommending a Computer Science degree to young people? Forget it!!!

  3. Re:The orange one by Anonymous Coward · · Score: 2, Interesting

    doing something useful for once. No more useless indians taking jobs here.

    The companies that do that only exist because bigger companies want them to exist. They provide a source for employees they can get rid of very quickly, should work be reduced or they simply don't work out. Basically a company can avoid layoffs by redefining some employees as contract workers, even though they work they same hours and do the same level of tasks as everyone else.

    I am an American and my first job was a contract engineer. It actually paid pretty good, better than now to be fair, though with less benefits, since your benefits depend on your contracting company, not the place you actually show up to. The only thing I particularly disliked about contracting was being first on the list when the company decides to shed staff. It was actually better in some other ways. None of those performance reviews and such.

    That all being said, I'm not a fan of H1Bs. I could see limiting them. It should also be the company that is using them doing the request, not an in between company. Finally, they should be of limited term. Perhaps a couple years, then you must apply for citizenship to remain, and you must complete the citizenship within say another two years to stay.

    In other words, I don't want productive members of our society being denied the same rights as everyone else. Also, I'd rather have people interested in becoming citizens, than those that are not.

    Of course while I'm asking for things that will never happen, I'd like to see health care and retirement unlinked from employment. There are details to work out there, but the only thing one should get from employment by default is a paycheck. We need to make it easier for workers to move jobs, since that increases worker leverage, a little bit at least.

  4. Re:The orange one by Darinbob · · Score: 2

    "Told" to hate him? You think there are marching orders for that? All the Republicans I know either hate him or dislike him while grudgingly accepting him. But of course, I've heard a lot on the forums complain that they're all RINOs, including the vast majority of past Republican leadership (even Reagan would be called a RINO these days if he dared to snub Trump).

  5. Your Argument by SuperKendall · · Score: 5, Informative

    So just to be clear, your argument is that we should do what Obama did - nothing - and let companies not only abuse undocumented workers, but continue to abuse the H1-B system too?

    Or did you just want to bitch about Trump by bringing up some unsubstantiated tabloid rumor that is about what some guy 20 levels below Trump did in the hiring for some demolition project?

    As you are an Obama supporter, I can understand your position would be to bitch about everything and do absolutely nothing to curb abuses by business. I just can't understand the logic in such a position.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  6. Re:Good plan, not a reduction it seems by Anonymous Coward · · Score: 2, Insightful

    Like Infosys. I worked for them for 23 months in Bellevue, WA, and out of the H-1B visa holders I worked with, only a couple were good. Infosys worked those two like hell while most of their employees just took up space. I worked for most of that time out of a customer's office a block away, and literally none of the at one point 15 people I worked with did a single thing despite billing the American company from what I heard $15k per day.

    Infosys is just importing unqualified bodies to bilk their customers out of money.

  7. Re:Why bother with H-1b visas? by Solandri · · Score: 5, Interesting
    The problem with blaming employers for hiring illegal (undocumented*) immigrants is that the U.S. government makes it impossible to actually verify if a potential hiree is in fact authorized to work in the U.S. I used to manage a company which was in an area with a known large illegal immigrant population, so I spoke with several immigration attorneys about this and how to avoid accidentally hiring someone who wasn't authorized to work in the U.S.

    Their legal advice was all the same: Fill out the I-9 form for everyone we hired, and make photocopies of the two pieces of official documentation presented as proof of work eligibility. The government provides no way to confirm that these documents are legit, so the I-9 and photocopies become proof that we did our due diligence, and shields us from prosecution for hiring unauthorized workers.

    In other words, the way the system is currently set up, having illegal immigrants on your payroll is not proof of wrongdoing by the employer. If the employee presented what seemed to be proper work documents at the time of their hiring, the employer has done nothing wrong by hiring them. And in fact the employer can be sued if they deny employment to anyone because they suspect the documentation was forged, and it turns out to be legit. Basically the employer has no choice but to accept without proof that any provided documentation is legit.

    If you really want to stop illegal immigrants* from being hired, the government simply has to set up a system where the authenticity of work documents can be confirmed by employers prior to hiring someone. Most of the people we later found to have presented forged docs were woefully easy to spot - the name didn't match the SSN, or the last known residence didn't match the SSN. Oddly, the people who are most likely to blame employers for hiring illegal immigrants are also the ones most vehemently opposed to this type of system to easily authenticate work documents.

    * This is why the term "undocumented immigrant" is a misnomer - there is no way for an employer to distinguish a documented immigrant, from an undocumented immigrant who is doing everything in their power to fool you into thinking they are documented. The only definitions which work are:
    • Illegal immigrant - someone who is in the country illegally and uses forged documents to trick an employer into hiring them.
    • Undocumented immigrant - someone an employer hired without properly checking their work documentation.
  8. This will certainly have loopholes by ErichTheRed · · Score: 3, Interesting

    Companies are addicted to cheap outsourced labor...there's no way this wasn't drafted without consulting them first. It sounds like the sponsoring companies are just going to have to jump through another hoop to show that there's still a relationship with the company. And you can bet there is...Tata, Infosys and the like use their H-1B slots to move people on-site to their customers. These people either do the work that absolutely can't be done offshore or are interfaces between what's left of the on-site team and the offshore IT farm.

    Immigration law is full of all sorts of exceptions and gray areas, and I'm sure a lot of those were purchased by lobbyists. So, while it appears to be a good step in the right direction, it's not an outright ban and probably won't make much difference.

  9. Oh, this should be good ... by cascadingstylesheet · · Score: 4, Insightful

    Oh, this should be good ... someone finally does something about H1Bs and .. it's Trump!

    Slashbot heads will explode like 60s scifi robots caught in a contradiction ... "must hate Trump ... but H1Bs ... but must hate Trump ... " Ah, this is awesome.

    1. Re:Oh, this should be good ... by serviscope_minor · · Score: 4, Insightful

      Most people are aware that a stopped clock is right twice a day. It remains to be seen however how actually worthwhile happens out of this. Which is why there's a note of cautious approval in the thread.

      Slashbot heads will explode like 60s scifi robots caught in a contradiction ... "must hate Trump ... but H1Bs ... but must hate Trump ... " Ah, this is awesome.

      Except that didn't happen.

      --
      SJW n. One who posts facts.
    2. Re:Oh, this should be good ... by DNS-and-BIND · · Score: 2

      Admitting that Trump is a stopped clock which is right twice a day is a huge step forward. I mean, gargantuan. You mean Hitler is right twice a day?

      Anne Frank's stepsister, in a January essay to mark International Holocaust Remembrance Day, accused Trump of "acting like another Hitler."

      Christine Todd Whitman: Donald Trump Muslim comments like Hitler's But Trump's most recent comments have drawn comparisons to Hitler, including a front page Tuesday on the Philadelphia Daily News showing Trump with his hand raised looking like a Nazi salute and the headline "The New Furor."

      5 Ways Donald Trump Perfectly Mirrors Hitler's Rise To Power

      The theory of political leadership that Donald Trump shares with Adolf Hitler

      'Insane bigot' Donald Trump 'is Hitler' - sex offender Louis CK

      Yale history professor: Here's why it's useful to compare Trump's actions to Hitler's

      After Trump asked people at his rallies to raise their hands to swear to vote for him, the press compared it to the "Heil Hitler" salute from Nazi Germany.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  10. Hurrah! by skam240 · · Score: 4, Interesting

    Hurrah, the Trump administration does something I support!

    I would call my self a liberal who is highly sympathetic to fiscal conservatism (the later being how I was raised). My dream of a 100% Republican controlled government would be that they would run the numbers and cull less productive government programs. Sadly, Republican's have abandoned the one platform I've always respected them for, the debt. It bothers me that this is the very best our "conservative" government has been able to bring us.

    American social conservatives empower these people who just shovel more and more wealth towards out affluent, all the while they bankrupt our government.

    --
    I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    1. Re:Hurrah! by Anonymous Coward · · Score: 2, Insightful

      Dude, the guys said as plain as day: "Sadly, Republican's have abandoned the one platform I've always respected them for, the debt." So he gets it. The GOP have failed him.

      That was my one hope too for this GOP fiasco, that they would stick to their guns and just start slicing down spending. Entitlements, defense, the whole deal. Instead they bitched a little about planned parenthood, then blew up the deficit with that massive tax cut, and then just said eff it and increased spending on top of it. WTF...?!? I don't know how anyone who calls themselves a conservative can be in favor of the GOP at this point. Yet at CPAC they are falling over themselves to kiss Trumps ass and Paul Ryan still tries to keep a serious face.

  11. Re:Why bother with H-1b visas? by naughtynaughty · · Score: 4, Informative

    There is a system, it is called E-Verify

    https://www.uscis.gov/e-verify

  12. Re:The orange one by lego_boy_aus · · Score: 3, Insightful

    Speak for yourself. He try get rid of people like me who demonstrate the truth Hillary should have won but was instead defeated by Russians who installed TRUMP through election metal.

    And here is a perfect example of what has gone wrong with this site...A "Top Editor" who is unable to type a coherent message either:
    1) Because they lack the ability
    OR
    2) Because they are so partisan that they feel they have to post as quickly as possible in order to defend "their side" and so are unable to take the small amount of time to proof-read what they are posting.

    And sadly, based on the types of articles which seem to be appearing on this site, the "Editors" seem to be unable to take (or at the least present) an objective view on most controversial topics, instead pushing articles which favor their personal "side" of the arguments...Many of which also seem to be lacking the "tech" factor which this site used to be known for.

  13. 20,000 reserved for advanced degrees by edi_guy · · Score: 3, Funny

    Watch out for Infosys to start buying Univ of Phoenix PhD's for their contractors. SAP implementation? Sure we have 6 Astrophysicists that can customize those idocs for you.

  14. Re:The orange one by ArchieBunker · · Score: 2

    If there is a new story about Trump I look forward to reading it here a week later.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  15. Most opposition to Trump is tribalism by Karmashock · · Score: 4, Interesting

    On an issue by issue basis, polls have consistently supported positions he's also supported.

    What is more, if Trump policies are cited as Obama or Hillary policies, you find that many people that reflexively oppose Trump agree with the policies. This makes clear that the opposition is not to the actual policies but rather to the R after his name and his self presentation which rubs many people the wrong way.

    Again, those that find this an inconvenient observation will say it is opposition to policies that are immoral.

    Policies such as what and according to what clearly undefined moral code are we supposed to be judging him?

    Not supporting effectively open borders? Americans don't want that. There has been support for reducing immigration and making more strict the policies that allow existing immigration for well over 30 years.

    What about so called "free trade"? Its a farce and everyone knows it is a farce. Free trade was something the US pushed during the Cold War as an inducement to join the First World. It was one of the carrots to side with the West over the Russians. It has generally acted to grant foreign companies access to US markets with few questions asked or conditions required. Now that the Cold War is over, there is no justification for it anymore. It is not infinitely sustainable even if we saw infinite political utility for it. There is obvious damage to many American industries and communities to no particular value to our society besides some geopolitical buy in.

    What about government corruption? Here any faction that claims this isn't an issue of import is just lying. The last several years have been an endless embarrassing laundry list of corruption, conflicts of interest, nepotism, theft, incompetence, and dereliction of duty. This is actually starting to become an existential issue for the US government itself. If the government neither is doing the things it was created to do reliably nor has the confidence of the people to do those tasks then the role of the government in society collapses. This is how great empires die with some frequency. They hollow out... rot from within... and then one day... the shiny veneer that promised solidity and perfection collapses. Consensus exists that this should be taken seriously.

    What else? Gun policy? If the anti gun people had the votes they'd just go to constitutional convention rather than whining endlessly about restrictions and living constitutions etc. We've changed our constitution as recently as the 1980s. If you have the votes, you can change it. If you don't have the votes then all you can do is bitch. That the anti gun people are bitching makes it very clear they don't have the votes.

    On and on and on. The man is sitting at 50% approval right now.
    http://news.gallup.com/poll/11...

    Most presidents don't pull 50 percent. Naturally this is an average statistic from Gallup... we'll have to see what Trump pulls at the end of his term. But if he gets anywhere near 50 percent then he'll have gotten about as much approval from the public as the average president which is impressive considering the military grade invective thrown at the man.

    Lastly we get into this issue of his immorality. Well, according to what? What are the principles of this morality? Is it written down anywhere so we can examine it? Where does it come from? I'm not saying anything he does is or isn't moral because whatever his morality is will be subjective to whatever standard we're using. It is like judging if someone broke the law without citing which legal code the person is under. So where does this moral code come from? Because it sounds increasingly like the code of "you're a bad person because you disagree with my politics". And whilst I can understand that moral code, it is clearly not one that anyone outside that moral paradigm should take seriously.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:Most opposition to Trump is tribalism by AmiMoJo · · Score: 3, Insightful

      It really depends how you phrase the question.

      https://youtu.be/G0ZZJXw4MTA

      If you ask "should the US have control of its borders?" then most people will agree with you. If you ask "should the US build a wall and aggressively deport children?" then you might get a different answer. Same on healthcare, people had been primed to hate Obamacare and agree with Trump, but when they see what he wants to replace it with they don't like that either.

      It's standard populist stuff. Promise what people want, but deliver what you want. Support for one does not imply support for the other.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Most opposition to Trump is tribalism by Karmashock · · Score: 4, Insightful

      No one would suggest that country X doesn't have a right to control its borders and decide who enters and who doesn't.

      Unless that country is the US.

      I'll tell you what, I'll accept people from mexico on the same standard that Mexico will accept people from the US into Mexico.

      Think Mexico would be okay with Americans just crossing the Mexican border, shirking mexican immigration law, existing in the country illegally, getting deported over and over again only to return again, illegal American immigrants to Mexico demanding the rights of citizens, claiming that any attempt to enforce Mexican border law is racism... etc...

      The argument used against the US if applied to any other nation would be laughed or shouted out of the room by basically any country.

      That people actually presume to use the argument against the US is somewhere between mindless repetition of talking points and mendacious sophistry.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    3. Re:Most opposition to Trump is tribalism by spk037 · · Score: 2, Interesting

      According to Rasmussen's daily polling for Monday, February 26th, Trump has a 49% approval rating. Even more interesting, Obama, on this date in the 2nd year of his presidency, only had a 44% approval rating.

      Curiously, according to the Washington Post, Obama's media coverage was 42% positive and 20% negative. While the coverage for Trump was 62% negative and only 5% positive. A number of other studies show negative coverage of Trump to be over 90%.

  16. Re:The orange one by AmiMoJo · · Score: 3

    You realize that isn't the real msmash, right? It's some troll who registered the name "msmash (Top Editor)".

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  17. So many simple steps that could be taken by PortHaven · · Score: 2

    So many simple steps that could be taken to improve the system, like those seeking less candidates receive approval first.

    > Request only 1-2 H1B's, you have top priority, 3-10 then you have second tier priority, 11-100, third tier, 100-1,000 fourth tier, 1,000+ last tier. All higher tiers are reviewed and granted prior to the next tier. That alone would shift the H1B program to a much more legitimate implementation.

    > Increase salary requirement and set to inflation adjustment every 5 years.

    > Random audits, all candidate resumes provided must be uploaded to the H1B visa program. Companies with a 100 or more H1B visas are randomly selected for audit and review.

    > 10% tax levied per $100,000 bracket of H1B visa, the revenues directly fund programs to provide free access to STEM programs at community and state colleges. If the H1B visas are needed because there are not enough qualified candidates, than the program should help fund the qualifying of candidates.

  18. The Truth is.. by PortHaven · · Score: 4, Insightful

    The truth is, Bernie should of won. Except Hillary and the DNC flat out cheated on so many levels to prevent him from being the nominee. Americans wanted a non-establishment candidate

    - Hillary Clinton, prospective nominee, expected candidate, 100% establishment, epitome of establishment and partisan politics.
    - Bernie Sanders, long shot, good person, non-establishment candidate.
    - Donald Trump, a jerk, major personal issues, non-establishment candidate.

    Americans wanted a non-establishment candidate. Americans would have elected Bernie Sanders. Except Hillary and the DNC did everything they could to block and prevent him (including flat out cheating, providing debate questions, removing hundreds of thousands of voters from voter rolls in pro-Bernie districts, miraculous coin flips, pulling in favors from the media to downplay and hide Bernie's successes and Hillary's failures, and so much more).

    The end result, DNC burned their younger demographic, showing the youth their votes don't matter. America, which wanted a anti-establishment candidate was now left with only one, Trump. The combination of a desire for anti-establishment and DNC hurting their own base resulted in what was to many, a shocking turn of events - President Trump. Yet, the result was exactly as I had predicted. All my Democrat friends who mocked me over my support of Bernie Sanders were shocked and dismayed. But I tried to explain to them, here I was, a lifelong Republican and Ron Paul supporter, and I was out there with Bernie Sanders yard signs and so was my mother. This is something that most did not understand. And folks like me, and there were quite a few, ( a lot of Ron Paul, anti-war libertarian Republicans were supporting Bernie Sanders) were NEVER going to vote for Hillary.

    People like the above, are still so flabbergasted and clueless as to why their presumed perfect candidate Hillary failed to win. They have clamored for straws ever since, and latched onto the idea that somehow Russia was the deciding factor. It'd be laughable, if it weren't so sad.

    Hillary lost, because she was a 100% establishment candidate who was caught using the full weight of the establishment to block the democratic process. She was the wrong candidate, at the wrong time. And a bad one at that...

    1. Re:The Truth is.. by micahraleigh · · Score: 2

      I have a friend in the DNC. He is working very hard to convince people they have a say in their party, but he is met mostly with disbelief from his own party. I'm not sure he believes the DNC will nominate their people's pick. He SURE believes Bernie would have won in a general. Personally, I have no idea.

      Even though I am a GOP guy, I respect my friends efforts to fight the corruption in the DNC. He's certainly not alone.

      I think he is up against too much, though :(

      Rush says to never feel sorry for these guys, but I do anyway.