Posted on 02/02/2017 5:39:03 PM PST by AU72
While America's political future is steeped in uncertainty, there is no questioning what the US political establishment wants to do with the controversial H1B visa for highly-skilled workers.
Three legislative bills and a soon-to-be-expected executive order may look like overkill but growing momentum against the H1B gives the impression, at first glance, that the visa program in its present form is living on borrowed time. Especially noticeable about these efforts is the fact that they transcend party lines. see also Will Donald Trump's first 100 days as president include a cybercrisis?
Will Donald Trump's first 100 days as president include a cybercrisis?
President-Elect Trump's cybersecurity plan is a bit vague.
Read More
Republican Congressman Darrell Issa from California kicked things off earlier this year in the first week of January by introducing the Protect and Grow American Jobs Act (HR 170) bill, which aimed to constrict but not entirely eliminate an 18-year-old loophole in legislation that allowed US workers to be displaced by a visa-holding employee who has a master's degree or is paid at least $60,000. Issa's bill bumps the salary threshold to $100,000 a year but eliminates the master's degree exemption altogether, thereby somewhat disappointing those who were looking for more rigorous protection mechanisms for American tech workers.
A few weeks later, Republican Chuck Grassley (Iowa) and Democrat Richard Durbin (Illinois) re-introduced a bill from previous years, called the H-1B and L-1 Visa Reform Act, that they say will bump up enforcement mechanisms and modify wage requirements in service of both American workers and visa holders.
Specifically, the bill would prevent companies with more than 50 employees, of which at least half are H1B or L1 holders, from hiring additional H1B employees. The bill if passed would also empower the Department of Labour to actively patrol the visa landscape by being able to investigate and audit firms from a compliance standpoint and probe for abuse or fraud.
Their bill would also bring to end the system of computerized lottery with which the H1B visas are allocated, giving way to a "preference system" where foreign students enrolled in colleges and universities in the US get priority. So would advanced degree holders, those who managed to secure a high-paying job, and those with prized skills.
Then, a few days ago, California Congressman Zoe Lofgren -- known to be the 'Silicon Valley' politician -- introduced the High-Skilled Integrity and Fairness Act of 2017 in the US House of Representatives, which prioritises allocation of H1B visas based on a market-based system of allocation. This is designed to eliminate abuse of the system by preferencing those willing to pay 200 percent of the prevailing wage but above the minimum wage rate of $130,000 (more than double the $60,000 minimum rate established in 1989).
Playing to Silicon Valley galleries, Lofgren's bill would also seek to put aside 20 percent of H1B visas each year for startups, defined as firms with fewer than 50 employees.
All of these efforts come on the heels of several high-profile events where American IT workers were fired and then replaced by Indians. In one egregious case, which I wrote about here, Disney fired some 400 of their workers who were then replaced by their Indian counterparts from TCS and Infosys. The fired workers were also then made to train their replacements or lose their severance. Similar events have taken place around the country in the past few years to make this a burning issue, and President Trump, while on the campaign trail, vowed to correct what he said was a gross injustice against American tech workers. TRUMP'S EXECUTIVE ORDER
So, not to be outdone, President Trump is reportedly also looking to issue an executive order, due in 90 days and currently going through some final tinkering, which covers much of the same ground that the bills do. CNNMoney managed to get hold of a draft that gives an inkling of what to expect.
While the wording on the draft doesn't reveal too many details about possible changes in the H1B, it does apparently propose numerous changes to many of the other visas that are important to the tech community such as J1 (summer work travel), the Optional Practical Training (OPT, which allows international students to stay in the US after graduating), and the E2 program (an investor visa).
Also going under the presidential knife is the L1 visa, which allows a foreign worker to transfer from an office abroad to the same company's US branch. Now, an applicant will be subjected to site visits within six months by Homeland Security. Within two years, there will be mandatory on-site checking for all employment-related visa programs.
Yet, despite all this action with the H1B, observers are not convinced that Trump will allow the visa program to be severely mauled to favour American tech workers. Indian IT companies generate some $65 billion worth of business in the US and cutting off that spigot will mean the likes of GE, Boeing, and Cisco suddenly being unable to sell their turbines, planes, and routers in one of the world's fastest-growing economies.
It is going to be a fascinating balancing act that walks the tightrope between bombast and action while keeping the registers clinking on both sides of the globe.
Tax reform only after Obama care replaced as the cost will be G-D ONLY KNOWS.
Start with Turkeys uncertified male “teachers” in the 130+ Gulen Charter schools in our country, beginning with those on our military bases.
Agree - kill this visa now.
Whatever...that would destroy the economy. I had an H1B and no American could do what I do. The proposed change to market based admission is great - salary instead of lottery.
WINNING!
Honestly the H1B program is so wholesale abused I think it just needs repealed in its entirety, but these are certainly good moves.
I have Already told a lot of my clients the past few years that if India and China enter into a full-scale war then that very day I will triple my consulting rate. The fist thing to get cut will be satellite communications and undersea data cables. There will be no offshoring work and all data enters in either China or India will be unavailable to US based companies and offices. It will be an IT professional sellers market.
Thanks for chiming in Mr. Obvious. But Congress will prioritize what Trump wants.
Any call or email from a recruiter whos name I cannot pronounce goes straight into File 13.
Congress will do what they darn well please. Right now getting them to put reasonable people into Cabinet positions is a struggle.
So if you want changes in the tax code, light a fire under your Representative.
That is your job.
Quit expecting the president to ride to your rescue.
This is pure globalist scare tactics. DO NOT BELIEVE THIS FOR A SECOND.
Will the H-1B threat be lifted from over the head of all US born IT workers? God I hope so.
President Trump is a blessing from God IMO.
This will be a huge win.
FOAD. Your scare tactics don’t work anymore.
The take away here is that right now nobody in the Federal Govt. is enforcing the rules. Rule which are already skewed against Americans.
Sure they do. There is zero chance that there will be a general immigration ban. It is your scare tactics that don’t work.
The USA needs immigration. It also needs to ban Muslim immigration and deport all illegals.
The USA has been flooded with immigrants. The system abused. We need to stop all immigration. Only a native born American could have the insight to see that this is true. I think you told me you were foreign born and have a hard time being objective. Your opinion means nothing. Actually you prove that to much immigration is a bad thing.
I use a Google Voice number on my resume these days. Google translates each voicemail and sends me a text message with the contents of each message.
If the text message reads as total nonsense, I know Apu is calling & I ignore the call.
These days, Apu has been reduced into being a pimp for positions at TCS, Wipro, Infosys, HCL, etc...
Can you tell me 5 times/countries that have banned immigration in the past? I can’t name any of them but I bet if any exist they would be absolute junk.
There should be no rejoicing in raising costs for Americans.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.