Trump Administration Delivers on H-1B Visa Overhaul, Affecting Tech Companies Hiring Foreign Talent

Discussion in 'Politics, Religion, Social Issues' started by MacRumors, Apr 4, 2017.

  1. MacRumors macrumors bot


    Apr 12, 2001

    Apple and other technology companies in Silicon Valley will now find it more difficult to bring foreign workers into the U.S. through the H-1B work visa program, thanks to the Trump administration's follow-through of one immigration-related "America first" promise. In January, the administration drafted an executive order outlining an overhaul of various work visa programs, including H-1B, that tech companies use to hire integral employees from outside the U.S.

    The original draft proposal stated that tech companies relying on foreign hiring did not serve "the U.S. national interest," and now the Trump administration has rolled out a collection of policy shifts to begin pivoting the program to better serve American workers (via Bloomberg). The changes began last Friday when the U.S. Citizenship and Immigration Services agency "made it harder" for tech companies to bring foreign workers to the U.S. using the H-1B work visa.


    This week, both the USCIS and the Justice Department issued memos outlining a rallying of support for the new administration's focus on American workers who have the same skills as foreign workers. Allegations against the H-1B work visa program point towards tech companies abusing the cheaper cost of foreign workers as a money saving measure, which the USCIS has repeatedly referred to as "fraud and abuse" in its new memo.

    The Justice Department has warned employers "not to discriminate against U.S. workers," and is readying investigative plans that will "vigorously prosecute" any company who is reported to violate the new rules.
    While the new guidelines will make it tougher for tech companies to hire foreign workers, they don't make it impossible. In the USCIS policy memorandum released last week, it's detailed that companies will have to provide more evidence to prove that the computer programming position in question is "complex, specialized, or unique" in some way that justifies the position being filled by a foreign worker whose skills could not be found in the U.S.

    Associate professor Ron Hira, who has researched the H-1B work visa program, previously pointed out that the changes will directly affect companies hiring for cheap labor, while companies hiring for legally skilled workers will have less of an issue with the policy shift. "This is a step in the right direction in terms of tightening up the eligibility," said Hira. "You're going to have to beef up your argument for why you need this person."

    In an interview with Bloomberg, Carnegie Mellon University professor Vivek Wadhwa said that while the H-1B visa is "flawed," the solution to the program's problem -- namely declining salaries -- lies in the green card.
    For Apple, the company has cited concern for the specific ways that Trump's order "will affect many visa holders who work hard here in the United States and contribute to our country's success." In a letter penned by Apple and a collection of various tech companies back in February, the group said that it is "critical" that the U.S. continues to attract intelligent workers from around the world, while telling the Trump administration that they are available as a resource "to help achieve immigration policies that both support the work of American businesses and reflect American values."

    Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

    Article Link: Trump Administration Delivers on H-1B Visa Overhaul, Affecting Tech Companies Hiring Foreign Talent
  2. jbachandouris macrumors 601


    Aug 18, 2009
    Upstate NY
    About time. The excuse that the H1B1 is needed because there aren't enough skilled workers in the US is a lie.

    60 minutes had a piece on several companies who told their IT employees to train their H1B1 replacements to do their jobs or forfeit their severance pay. The workers that replaced them were NOT more qualified, but less.
  3. zorinlynx macrumors 603


    May 31, 2007
    Florida, USA
    This is probably the only thing so far this administration has done that I agree with.
  4. zin macrumors 6502

    May 5, 2010
    United Kingdom
    The disgraceful fact of the matter is that it took Donald Trump to clamp down on the H1-B.

    Where the **** was Barack Obama, Hillary Clinton, Tom Perez, Nancy Pelosi, or Chuck Schumer when they could've done something about it? Too busy trying to fast track TPP, that's where.
  5. Plutonius macrumors 604


    Feb 22, 2003
    New Hampshire, USA
    It's a start but there are still loopholes on other types of visas for companies to bring in workers.
  6. WordsmithMR macrumors 6502


    Mar 17, 2015
    I'm not sure how I feel about this. "Creating" jobs for our citizens is a positive thing... but restricting foreign workers from working in the US is not. There are far better ways to create jobs. Almost every industry you can think of has benefitted from foreign workers. From agriculture to Silicon Valley.

    Not to mention that this just may force companies to increase outsourcing more work which this would not affect.
  7. Huntn macrumors P6


    May 5, 2008
    The Misty Mountains
    But they could be paid less at the cost of citizen's jobs. :mad:
    --- Post Merged, Apr 4, 2017 ---
    Corporations use foreign workers to disenfranchise U.S. citizens to pad the bottom line. It's as simple as that.
  8. Orlandoech macrumors 68040


    Jun 2, 2011
    Salt Lake City, UT
  9. neutralguy macrumors 6502a

    Jun 5, 2015
    Thank you Trump administration. H1b is the main reason why American kids don't want to get into stem program. What's the point of studying hard and becoming a good engineer if the job will be filled by a low paying foreign worker. While stopping immigration is a bad thing, a check on what type of jobs are getting taken away by foreign workers is important. At this point, an American citizen has no hope to grow up and make a decent living in any possible way. The low paying jobs are taken over by illegal immigrants. The mid-high paying jobs are taken over by H1b workers. What else is left??? I am glad there is going to be a regulation on who is coming in and why.
  10. mactactic macrumors regular


    Sep 27, 2010
    Seal Beach CA , Campbell CA , London UK
    Long over due , Trade programming schools for American kids now !!
  11. forcesteeler macrumors 6502

    Oct 1, 2007
    Very Bad for the Tech Industry. Most of the Best Talent is overseas, They are way more hungry than these lazy american millennials that just want high pay for just showing up.

    You can look at hollywood, most of the actors are British and Australian, Most American Actors don't want to put in any work
  12. OneBagTravel macrumors 6502a


    Oct 18, 2013
    A system that was developed in good faith was exploited by the industry and ruined a lot of good peoples jobs. Glad it's finally getting patched.
  13. 1applerules1 macrumors regular

    Nov 17, 2015
  14. usarioclave macrumors 65816

    Sep 26, 2003
    Good. While there's a lot of talent out there, there were also substantial abuses of the H1B program (yeah, that's you body-shoppers).

    Not that it's hard to get around the current regulations. Before, you'd just put a ridiculous requirement in, like "must know Sanskrit." Now they'll put a few more specific requirements, like "must be able to speak Sanskrit and work with international teams in Italian and have specific knowledge of X,Y,Z."

    Did they implement the minimum salary of $150k yet?
  15. michaelsviews macrumors 65816

    Sep 25, 2007
    New England
    Getting kick backs. Wink wink, nodd nodd . Now my question is can this be reversed by some lone judge?.
  16. rjohnstone macrumors 68040


    Dec 28, 2007
    PHX, AZ.
    About time.
    I've seen a lot of good engineers at my work get displaced by less qualified H1B contractors.
    Main reason is simple economics.
    It's almost 3 for 1 with H1B salaries.
    Yes, there are some brilliant programmers that come here on the H1B program, but not as many as corporations would have us believe.
  17. masotime macrumors 68020


    Jun 24, 2012
    San Jose, CA
    Don't confuse the H1-B with the H1-B1. Although the names are similar, the H1-B1 is under an entirely different quota than the H1-B.
  18. steve knight macrumors 68030

    steve knight

    Jan 28, 2009
    All the while trump was abusing it himself.
  19. PracticalMac macrumors 68030


    Jan 22, 2009
    Houston, TX
    Courtesy to add link (I believe you, but make it easier for those wanting to read more)
    --- Post Merged, Apr 4, 2017 ---
    What about G Bush? John Boener? Mich McConnell? that Majority Leader that was fired by voters?

    Trump was elected because both sides failed to enact protectionism for US workers.
    (Have not heard of previous efforts to limit H1 class of visas)
  20. macfacts macrumors 68040


    Oct 7, 2012
  21. neutralguy macrumors 6502a

    Jun 5, 2015
    ^ this is more important and should be implemented.
  22. oneMadRssn macrumors 601


    Sep 8, 2011
    New England
    They were hanging out with Paul Ryan, Mitch McConnel, and the rest of the GOP goons who were also not doing anything about it.
  23. ibookg409 Suspended


    Apr 20, 2016
    Portsmouth, NH

    I am totally on board with this. Thank you Mr. President.
  24. oneMadRssn macrumors 601


    Sep 8, 2011
    New England
    No, because this thing Trump did doesn't actually change anything - it isn't a new rule - and thus there is nothing to challenge in a court. It's just a sternly-worded memo instructing the relevant agencies to become tougher in enforcing existing rules.

    If you were hoping for some actual changes to the H1B program, this isn't it. Like most of president Trump's actions so far, this is all bark and no bite (unfortunately).
  25. jkcerda macrumors 6502a


    Jun 10, 2013
    Criminal Mexi Midget
    Exactly. Thanks trump
    --- Post Merged, Apr 4, 2017 ---
    Lmmfao. You have no idea what you are talking about here. HB1 visa holders are not replacing actors. Nor is it a valid comparison

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