Trump Administration Formally Offers H-1B Lottery Changes

For the past few months, publications that watch the federal government (such as Politico) have reported rumors that something big is in the works for H-1B reform.

Those big changes could arrive next year, pending the approval of a new formal proposal: All H-1B applicants—including those who have advanced degrees—will now enter the “general pool” of 65,000 visas. Once this cap is hit, any remaining applicants with advanced degrees will end up in a 20,000-visa “master’s cap” pool.

This is a substantial alteration of the current system, in which those applicants with advanced degrees are first placed in the “master’s cap” pool, and those that aren’t accepted in that first round are placed in the “general pool.”

A spokesperson for the United States Citizenship and Immigration Service (USCIS) told CNN that this change might increase the number of H-1B holders with advanced degrees by as much as 16 percent. By “flipping” the pools, those with a master’s degree or higher have two successful shots at a successful H-1B application.

This change aligns with the Trump administration’s order that the Department of Homeland Security and other agencies “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.” In addition to inverting the order of the “pools,” this new rule will also require H-1B petitioners to “electronically register with [USCIS] during a designated registration period,” which could theoretically streamline the process.

“Implementing an internet-based electronic H-1B cap registration process would reduce the burden on USCIS since it would no longer need to physically receive, store, and process hundreds of thousands of cap-subject H-1B petitions, which in some cases contain hundreds of pages of supporting evidence, prior to conducting the random selection process,” added the government’s proposal.

Approving more H-1B applicants with advanced degrees could benefit tech companies such as Google and Apple, which regularly voice their need for workers with advanced qualifications, while potentially harming the consulting and subcontracting agencies that pursue visas for bachelor’s degree holders.

Many of those subcontracting firms are also facing some issues in the form of new regulations from the U.S. Department of Labor, which is demanding that employers applying for H-1B visas fill out paperwork citing whether workers “will be placed with a secondary entity at this place of employment.” Should the employer answer “yes,” it must provide the legal business name of the “secondary entity,” along with the wage rate for its nonimmigrant workers, and the prevailing wage rate.

Will third-party companies prove more reluctant to outsource their IT work to staffing firms if they believe the U.S. government might publicize the relationship at some point? That’s an open question. In the meantime, heading into 2019 and beyond, H-1B applicants will need to adjust to a new reality.

81 Responses to “Trump Administration Formally Offers H-1B Lottery Changes”

  1. Michael B.

    This does not reduce the plight of US citizens who are displaced by the influx of H-1B workers. No matter how you frame this it is still a way of tossing US workers out the door replacing them with cheaper foreign nationals. Employers are not penalized for practicing some form of discrimination. During the campaign, Trump promised to get jobs back. This does not do it.

    • Cecil DSouza

      Michael B: You statement makes no sense. The H1B visa was instituted to fill a void of skillsets that was hard to find in order to accomplish project tasks as a whole. You write as though there are qualified, experienced Americans with high technical skills walking around looking for a job. Secondly, 65K H1B jobs cannot have such a remarkable impact on the country that ha a population of 310 million.

      • 1. There are enough Americans to do the job.
        2. You have problems with reading comprehension. The article states clearly 65000 + 20000 per year, and you have to add the spouses too. The H1B visa was instituted to fill a void of skillsets at the time when it was instituted. It is not necessary now anymore.

        All the H1Bs should get back to their countries. We do need them.

        • @John

          You are deluded if you think there are enough Americans to do the job. Specifically in the software industry, there is always more talent required. Consider the insane competition among companies in the Silicon Valley area for example. You do realize there is a need for actual people that work at these companies, right?

          Personally, I would be glad if the pools are flipped, as I have a MSc, and that would bring me from 50% chance to almost 70%, in case of employment.

          In any case, the number of H1Bs are quite low and assimilated properly. Furthermore, the people on H1Bs are far less likely to end up on welfare, since they have skills that will make them productive members of the society for the foreseeable future.

          The real problem is illegal immmigrants with no work ethics and lower IQs on average, that bypass the legal requirements.

          • This is ridiculous! I have a PhD in Information Systems and a MS in Computer Science. I am US born and see this as a way to hire resources at a lower cost. I worked for IT organizations using H1Bs and it is disappointing when US citizens are displaced as a result.

          • Actually there are enough highly skilled Americans to do the job. The bureau of labor statistics produced a report that Americans Minorities with stem degrees, or tech degrees, are in lower paying jobs outside of technology because companies are unwilling to hire Americans.

            Also, American Minorities are often overlooked by contracting companies because the American contracting companies have deals with Indian contracting companies to supply resources through the H-1B visa program. Contracting companies are unwilling to interview Americans because they have a pool of H-1b visa holders waiting for the job and an agreement with outsourcing company. The contracting companies also just want bodies in seats, so they do not care about quality of the work. By the way, an undergraduate degree takes 3 years in India, and a masters takes 1 year. So, the Masters degree in India is equivalent to the undergrad in America.

            Also, technology leaders from India who work in the United States won’t hire people outside their region in India. They will overlook qualified Americans, and qualified people from other parts of India in order to hire people from their own region.

        • Dear Kerwood, I agree that there needs to be tight controls and minimum salary requirements for H1-B visa holders to ensure that they are truly specialized and unique in their skill set and not just a way for companies to under cut the available american workforce. We need to keep in mind the number of US expats abroad too. I spent 3 years in 3 different counties on assignments. There are tens of thousands more. If we instill such policies other countries will retaliate similarly and we will end up losing great opportunities abroad. These include taking our industries and growing them abroad (and thus creating more domestic jobs as well), bringing in world class knowledge and skill sets (and thus leading to better outcomes and understanding of global partners and clients) among many other benefits.

        • Dan, I think you are the diluted one. First of all, the fact that companies don’t want to hire U.S., and the Trump administration is highly promoting and not living up to it, only means that they are not willing to pay the prevailing wages, but much rather pay an H-1B holder the lesser wages. This is very typical for companies in Silicon Valley, where for the same position a Full Time Employee get’s paid $$$$$$$ while the contract get’s paid only one third of the wage and does not get any benefits. No matter the way you put it, this is the cold truth. Is not that there are not enough worker, is that companies are NOT willing to pay the correct salary to employees with the qualifications they require, and we are not willing to do a job that pays much less than our technical worth.

          Secondly, if what you say is true, then why is it that there are so many H-1B holders complaining that their spouses, H4 visa holders, will not be able to work if the work permits are removed? Here in this country, anyone can live and support their families with a six figure income, or close to it. The fact that there are so many complaints, indicate that those contractors are NOT getting paid prevailing waves, and therefore not able to supports their families. If there is one Visa issued, only one should be able to work. Nothing else. Why should H-1B visa holders get the special treatment?

      • Reality...

        You are very naive on reality. There are more than enough highly skilled native born US workers to fill the “needs” of the technical information technology jobs. It is well documented you just have to look. This is all about the transfer of wealth. The “quality” of many H1B visa holders is subpar to their claimed intellectual value, extensive hidden over budget costs, poor communication skills, national security, national infrastructure erosion, and more. I’m not talking about the exceptions in the H1B, but the typical rule.

        • I agree with most of these concerns – I really liked the minimum wage argument for H1B workers that was brought – how about $100k to make sure noone is undercutting fair wages of domestically available workers? I know $130 was offered but perhaps that was a bit steep.

    • Mike, John – I am an Native American. Where are you from? You guys have displaced our jobs. You guys have brought all the diseases to this country, I believe these H1Bs are the intelligent people working in the IT industry. In fact we need such people even in other sectors. You guys are unwanted people who landed in our country because you are either scared living in your country or got kicked out of your country. Please go back from where you or your ancestors came from. We don’t need you guys in this land. You lack the skillsets and only capable of complaining for everything. Go back from where you came from or just do your work properly and stop complaining!

    • Trump will lose the next election. The new h1b rule does nothing to provide for jobs for American or increase wages. The new NAFTA deals is a joke so he will loose many of the upper mid west states like Michigan. Trump barely won and now he’s slowly losing people.

  2. I agree with you, Michael B. Trump is starting to heavily reneg on a lot of his campaign promises, and it’s still a tight job market for US professionals. That, despite all the economic propaganda we’re continually force-fed by the political machine.

  3. This just reinforces that there is more of a future earnings potential delivering pizza in Bombay (since renamed Mumbai) to scammers, than there is in having an IT or Computer Science job in the U.S.A. if you are a U.S. Citizen. Maybe we can get the India government to pay back the trillion-$-plus student loan debt incurred by U.S. Citizens who were ‘told’ by finacial aid officers at the universities ‘oh, your major is Computer Science? No problem getting the maximum award, as your earnings potential according to the latest salary survey is $115,000 annually.’ Can’t fault the student for following the advice.

    Also notice how there are no longer any ‘subscribe’ checkboxes on these H1B postings.

  4. Haha ! Terms like “Cheap foreign nationals” and “Cheap Labor” continue to amazes me. I make $250K as base pay and I’m on H1B. Unfortunately there is shortage in the skills that I possess. If I’m not mistaken, some of most notable CEOs and founders started working here on H1Bs .

  5. I am also on H1B, if US thinks they are loosing jobs to H1B , let them ban it. I would like to see it happen , all the silicon valley will move else where , America will loose its shine.No one will want to build companies and America. That will be start of company drain era .

    • Skilled Tech

      I’ve worked with far too many incompetent Indians in tech over the years. They are not “filling a void” they are stealing jobs from American people and food from the mouths of their families. It disgusts me to see you brag and boast while I job hunt in my own country with a CIS education and many years of experience.

      I have 17 years in my field. While I struggle to find a direct hire role that pays half of what I’m worth, just to feed and house my family, (we have to rent) I watch incompetent Indians here on HB1’s being hired directly, buying homes, working remotely, traveling on month long vacations, paying for college for themselves & their kids, basically living large. All bc they scrape & are better at pretending to kiss ass. Managers feel less threatened, and initially HB1s are cheaper to pay. We haven’t had a vacation in 7 years. We have little savings, drive a very old car, rent at high rates, and I have no idea how we’ll pay for college. I’ve been job hunting for a year only to get short contract roles. I sent out hundreds of resumes. I contacted my “network” I increased my skill set. Yet Indians and other foreigners who are less qualified are given the jobs I apply for. It’s a disgrace.

      My attitude was always one of kindness and acceptance towards foreign workers, but I really can’t take that stance anymore as I struggle to provide for my family.

      Only when all qualified American candidates have jobs should an HB1 candidate be considered. America 1st right Trump?! Bullshit. Just another lie for the non-legacy. He filled jobs at Burger King. Wow.

      • Well said brother. This is EXACTLY the issue. I too have experienced this first hand. It’s BS for companies to claim they can’t find “skilled” workers. Some of us have 20-30 years software development experience across myriad environments and are desperate to find either jobs, or second jobs. The problem is, US companies are no longer looking for actual “experience”, as measured in years, which was always the gold standard that was difficult to achieve. Rather, they are looking for ‘popcorn’ skills, where a language or framework pop up one day and are gone the next. Thus, someone watching a dozen hours of some online course can now claim they have “skills” and get hired. But those of us with ACTUAL skills and who are honest about their resumes (harder to find these days) are the ones that get pushed to the side. So in a break with long held tradition, tech companies today actively look for the highest number of ‘popcorn’ skills and seek LESS real experience (as measured in years), because apparently they feel that this combination usually nets them the cheapest tech worker they can find. And even with workers with many years work of skills are willing to work almost as cheaply as a college grad, they still get passed over many times for silly reasons. Put simply, a multi-skilled professional software engineer with 20+ years of solid development experience across a wide range of environments, languages, tools, and software might now passed over because they don’t have “Python” or “React” or “Mongo” or “AWS” or some other popcorn skill on their resume. Yet, some college grad with only 6 months or less experience that lists one of those as a “skill” because they watched some videos gets hired. It truly comical stuff!

        • The 3 pillars of merit:

          1) your transcript(s)
          2) your country’s global rank on the Corruption Perceptions Index
          3) your country’s rank on the Global Slavery Index (based on total number of slaves)

          Combine these 3 values to calculate merit more evenly across candidates from different geographies.

          (see dataset limitations footnote as discussed in the report)

        • IT Professional

          The problem with us my friend is we are reluctant to change. We can’t accept change but we still need iPhones etc. So let’s retire or start a company ourself as we feel we are highly capable.. why run behind jobs. Let’s create jobs and hire our citizens only. Hopefully we can make good profits.

        • if you’re a real software engineer with 20 years of experience, u should be the God & creator of these “pop corn” frameworks, not a blamer. just bc you might run one or two quarries in oracle or script two lines in linux bash doesn’t make u a software engineer. software is a fast revolving area and when combined with AI, it requires a deep understanding of models and applications that barley being thought in community collages like that of urs

      • How do you know you’re “more qualified”? Because you have 17-year experience and still couldn’t find a satisfactory job? Isn’t that a good sign that you suck? Even if companies are hiring foreigners, with the skills that you think you possess, wouldn’t you have progressed within at least one company and moved up the ladder, instead of being constantly tossed out to the market and failing the competitions? I manage and recruit and I know for a fact that we do give millions more opportunities to fellow citizens than anyone who’s seeking visa sponsorship. When we post openings, the box “Require permanent work permit” is always checked – and this is designed to keep the visa workers away since visa is time-limited. Do you think we would prefer to hire someone we have hard time pronouncing his/her name and with an accent, pay prevailing wage as is required by law, and pay thousands of dollars in legal and visa fees upfront when there’s a good chance that they might not even choose to work for us or win the visa lottery? No, we often find ourselves passing many Americans from failed interviews, because their well crafted stories can’t stand much poking. Americans are much better colleagues because we can talk about sports, concerts, and everything simply because we’re alike; but when it comes to work quality and ethics, speaking from experience, Germans (always great) /Japanese (always fine) /Chinese (either really good or really bad) are just better. Indians, sorry to say it as there are clearly many here, don’t stand a better chance with us because we are not tech firm and Indians share all the bad qualities Americans have but rarely the good ones. We have to talk a lot and all of us, Americans and foreigners, find it hard to follow their uniquely thick accent. We are a PE firm and hopefully that makes sense.

  6. RealizeorDeminish

    I am suprised,only an idiot with no skills can only complain about this market and jobs. If I had green card i would been employed 100 times this year. That is the possibility. Many clearance jobs, financial sector, political, foreign affair, aviation, energy,government sector, defense all are not given to H1B. Big mighty dinosaurs extinguished, many kings and kingdoms extinguished it is natural law of the universe, things will change and who cannot keep up with change will diminish.There will be big change in Peoples migration and it will stop by 2025. Then you guys will feel bad about it , yes you have to sell pizza’s in so called Slums of Mumbai.

  7. Bumblebee

    Cheap labor aka H1B is good for business. Trump is a business guy. I cheered for him, donated to the party, but am now starting to doubt his commitment/true intentions. 2020 is not that far away Mr President. Also, IT needs labor unions ….. like yesterday. Otherwise US IT sector will go the way of Detroit, taking Silicon valley with it.

  8. Please stop exaggerating guys. There is a serious shortage of skilled professionals in the US. If you have decent coding skills, it’s very easy to get a well paying job. Remember that kicking out all the immigrants will only impact the US economy negatively. This country was built by immigrants and they are a major strong point to this country compared to say China or Europe.

      • @John, Pause for a moment where you grand parents or great grandparents came from to USA. You are probably a second, third or fourth generation ‘immigrant’. May the native Americans should have asked your immigrant ancestors to go back.

        • Mithul, let’s reverse the situation for a moment:

          Let’s say there was a mountain range in India that was discovered to be ripe with gold and everyone that began mining there was suddenly getting instantly rich because the gold was just coming out of the mountain in giant chunks, more than they could even carry. Soon, the local papers began reporting about it, and more people showed up, mostly Indian but a few enterprising foreigners too. Then the national papers ran with the story, and finally it went viral world wide. Within weeks, tens of thousands of foreigners from many other countries began descending upon India’s new “Gold Rush Mountain”, setting up elaborate systems and co-dependent partnerships to haul away the seemingly limitless riches. Soon, it was hundreds of thousands of foreigners arriving, flooding the area with encampments, paying off corrupt politicians, and setting up numerous schemes to bring in their own countrymen and families over. Soon, each square inch of Gold Rush Mountain and the surrounding area for hundreds of miles was claimed by foreigners, and then bought and sold in a real estate boom that forced out the local native residents. Local citizens were also unable to find anywhere to search for gold because they had been priced out by the hyper-inflation in real estate and lack of available mining locations. Soon, it became a national crisis for India, which was already overpopulated. All of the precious gold, a true national treasure, was being extracted by countless foreigners and there were no adequate laws in India to stop the influx of these foreigners from continuing to harm the local economy and the citizens of India who felt their country was being exploited. Any laws the citizens tried to enact were summarily ignored by corrupt Indian political officials were were being paid off by these wealthy foreigners. Also, the foreigners and their families began taking top executive positions with the Indian government and many companies and also began buying up all local area businesses and only offering to pay the lowest wages, which locals citizens could not live on. The result was a massive displacement of Indian citizens and their families that had lived in the area for generations to farther and poorer rural areas worsening living conditions due to a lack of municipal infrastructure that could support then. It turned into a disaster for India. And when the gold finally ran out, the foreigners moved on, leaving India and is economy a barren wasteland of exploited excess.

          Okay, so if this situation happened in your homeland, how would you feel? Be honest. Would you think that the government should try to do something to protect the people of India from such obvious mass exploitation by the foreigners? Hey, it’s just capitalism, right? If foreigners can make their riches, why should they not?

    • Hi John, request you to accept others with love and peace, it is never our intention to leave our home country and venture out to foreign lands just to take other people’s jobs. America is the land of dreams and offers something so beautiful and cherishable that you should be proud of it and be more welcoming. H1B job holders are creating more jobs annually, and if you don’t believe me just watch Bill Gates video on this topic. Much love

    • No Kumar, this is simply wrong. There is current rampant age discrimination in the US in the tech sector and companies today are expecting candidates vying for entry level positions to have 25 years with of a variety of different skills which is impossible. The way US companies get around hiring truly skilled tech workers is that they put an impossible number of “required” skills, yet state that they prefer candidates with 1-5 years of experience (which is code for age discrimination and slave labor wages in the tech industry). On top of that, honest Americans will try not to overstate their skills as much as foreign workers are willing to do. To them, an 2-3 week online course somehow qualifies them as having “significant experience” in a particular coding language or framework. Many of these foreigners have fake degrees from empty buildings that hand them out like candy. US HR departments have no clue about these places. All they see is someone willing to lie about their true skills, work well below the industry rate, and boom – another American job is lost. It’s a scam that has been going on for decades in the tech sector to which I am a witness and it really should be brought to a trickle. Global competition is fine. But when companies are draining our tech jobs from the inside by gaming the resume and Visa system, then it’s a big problem.

      Think about it: If companies were TRULY unable to hire tech talent they need so urgently, what would they do? They would immediately take all these displaced factory and coal workers and other who’ve lost their jobs to automation and outsourcing and TRAIN THEM and help pay for their college degrees to work for them. In other words, INVEST in their employees, just like they used to when they needed semi-skilled factor workers. But today, companies are unwilling to invest at all in their tech workers, and instead are more than happy to import hundreds or thousands of cheap foreign tech workers who are willing to lie on their resumes about their education, actual skills and experience. This is a major problem for America that MUST be fixed. And, btw, this is the ONLY thing I agree on with Trump and his administration (I did NOT vote for him). But like everything else, Trump was just bloviating to pander to yet another potential voting bloc and never really gave a crap about any of his promises. So I’m not surprised that they are basically keeping the status quo. The proposed changes will do NOTHING to the massive annual number of imported Visa tech workers (each one representing a lost American job) and will do nothing to stop them from continuing to lie about their “advanced degrees”, most of which are worthless.

      • This is the case not just in US it is everywhere and even in India. The moment you have 15 years of exp and a good pay you are no longer required. They will replace you with less experienced and less salary IT professional. End of the day it’s the P&L for the company. Think about it. Start a company of yourself. You may do the same. We all are humans. So enjoy every moment of life and help each other if you can.

    • Reality...

      “country was built by immigrants” = propaganda. This country was built by a very complex set of conditions, some of which: huge land mass of significant resources, buffer zones of oceans west and east, buffer from major wars, control of world rebuild after wars, control of world– telecommunications, finance, manufacturing (for decades after world war), stealing native peoples resources, slavery, etc.

  9. Steve: Maybe we can get the India government to pay back the trillion-$-plus student loan debt incurred by U.S. Citizens who were ‘told’ by finacial aid officers at the universities ‘oh, your major is Computer Science?”…really? So, an Indian student scores high on SAT/GRE, gets lured by US schools with tuition waivers or scholarships, and then pays the balance money, only for the Indian government to pay back? This level of intellect is the reason you guys need more schooling. You should sue your education system for making you so dumb..if you do not want Indians to go study and take away jobs, you pull out all US companies from India that are skimming away all profits into their Cayman Island shell accounts, killing our local industries. If you guys are okay with killing local Indian businesses with big global American Fortune 500 giants, then be prepared to have some of those Fortune 500 giants run by Indians.

  10. Anonymous

    Raj, “Cheap labor” is a relative term. If you make $250 as base pay for a $400K job, you are a part of cheap labors. Many of your cousins from India holding 75%+ of H1Bs have corrupted IT industry not by only cheap labors [they get low pay but their contracting agencies charge the company a high rate, and bribe (they call it a kickback) managements, HR etc.] but also expert in fake resumes (almost all of them have 7 years experience in IT, from housewife to architect, marketing and other professions ), proxy interviews, on-job-training and maintaining a very strong network weaved in corruptions. Do you deny these facts?

  11. I have always thought about the amount of money USCIS makes in the name of immigration fees. Instead of creating better environment and respect for people who are helping economy grow & stay strong all I see, hear, and read about discriminations and hatred. As other fellows have pointed out, US should spend more in improving education system, subsidize loans and fees to citizens who wants to study and why not use the money that comes from immigration fees to make this possible. To my friends in US, do not loose dignity by blaming instead grow and stay on top by joining hands.

  12. People you must research what you are about to say before you write. Saying that H1B visas take jobs away from Americans is simply ignorant and not well researched. One thing to think about is how many jobs are generated by the eighty thousand or so H1B visas granted? Including their spouses and families. Have you thought that these people will not be living at their cubicle? Have you thought that these people will need a play to live? How many services are going to be used to get that family into a residence? How many will they be using on a daily and monthly basis to live there? How will this person go to work? How many people will contribute to this person’s commute to work? The children need to go to school. They need to be taught. This gnerates the need for more educators required to teach these kids. They need to eat. Supermarkets, grocery stores, produce stores, restaurants, all take in on the money that is spent. They need more cashiers…the government makes tax dollars on everything these people buy even from a stick of chewing gum. As for Trump not doing his homework on this one ….he has. He knows that unfortunately for him, America still lags in the attainment of post graduate degrees. This is why he is doing this especially when it comes to the need of personnel with advanced degrees. While America is up there with college degree holders, it is lagging when it comes to students continuing past their Bachelor Degrees. Regardless of the degrees, immigration does NOT take jobs away. It generates more! Business 101.

    • Nick, that’s a stupid argument. ANY workers working those jobs will bring additional income to local area businesses. There is nothing special about importing cheap foreign workers to replace American tech workers, other than the fact that more and more American’s will be shut out of gainful employment of a livable wage. When you have a poor culture that is willing to lie on they resumes about their (often fake) education, experience, and skills – far more than their American counterparts – and you mix that with greedy US companies that are more than happy to pay far less in wages (because they falsely assume there is an equivalency), then you have a recipe for lost jobs. I’ve seen it with my own eyes in the tech industry for the past 30 years. It used to be all foreigners wanted to be doctors, now they all want to be tech workers. There was never a “shortage” of US doctors and there isn’t a “shortage” of US tech workers. What there is a “shortage” of is US companies willing to invest in American workers and pay them a fair wage. When their is a true shortage, like there was in factories in the 40’s and 50’s, then American companies invested in and trained American workers to do those jobs and paid them a fair wage. Today, most companies (aside from a few) don’t care to invest in their employees and want them to have 25 years worth of skills, fill multiple roles, and pay them like a fresh college grad. This situation would quick change if companies were truly unable to find tech workers. But instead, they are quite happy to drain away US tech jobs to foreign workers by gaming the system in the name of saving a few pennies on investing in our own country. American’s with a fair wage buy stuff too. So you can drop you nonsense about how much business foreign tech workers generate. I’m quite sure there are many many people in the foothills of West Virginia and other places that would love to be given the opportunity to learn tech skills and work remotely for a large companies for a fair and livable wage. But until real reform is passed, that just won’t happen.

    • Yeah I’m sure these 100,000 h1b’s per year are creating 1 million jobs over a ten year period. H1b is a giant scam. I know Indians personality. Its hard to admit your stilling someone’s job. H1b is the biggest scam our government is running.

    • Yes. This is exactly the problem. The gaming of the US Visa lottery system is on both sides, the foreigners and companies, whom both easily circumvent the rules on “actual” skills, “actual” need, and “actual” posting of a position that they are supposedly unable to hire. No one really talks about how carefully US HR departments try to carefully craft job requirements tailor to fit a cheap, young foreign tech worker willing to lie on their resume in order to get paid far below market wages.

      And its even worse in today’s greedy real estate “gold rush” market, where people are demanding higher and higher wages (CA and northeast are ridiculously out of proportion to the rest of America) just so they can pay their astronomical rent or mortgage. This, in turn, causes a massive “gold rush” of foreign tech workers willing to lie and say anything on their resumes to cheat and game the system for a chance at a salary that would make them super-wealthy in their homeland. It’s a death-spiral for US tech jobs that will end the same way that good paying factory worker jobs did a couple of decades ago. Pure American Capitalism cares nothing about “investing” in America or its people. It only cares about its bottom line and its shareholders. And this “hollowing out” of jobs and livable wages in America will be the death of this brief experiment in democracy. Money and greed always kill societies and civilizations. Unchecked greed leads to monopolies and forced servitude, both of which are rampant in America at the moment. How many Cable companies serve your home right now? How many electric companies?

  13. The Indian clans and group are the most difficult people to work with in a civilities of melting pot. Amazing to see how the indian group at any employment facility always discriminately hate non Indian workers. My advice to the Indian is living and working in US is learning cultural assimilation.

    • There is even discrimination (or caste) within Indian project teams. The guy from the wrong postal code is excluded just like you — although this is extremely subtle if you observe closely you’ll see it. Easiest to spot when two SI’s fill portions of a team.

  14. I think the Trump administration is being naive. As one commenter mentioned, unless you actually REDUCE the number of Visa given, and decreasing the pool size each year, the real problem will not change. Visa seekers are very creative, and they will continue putting fake universities or ‘degree mills’ on their resume showing they have advanced degrees when they are worthless. Ask anyone from India how rampant this is and many will tell you the truth about how many of them have very little actual technical training, with almost all of it being short online courses. This is why the interview process in America is now polluted with skills tests, because for decades Indian job seekers and their slave-master placement agencies were gaming the US Visa system terribly, and would do and say anything. They would add just about every currently popular software skill and acronym on their resume to bulk it up and catch automated keyword scanners, but had little to no real experience is most or all of them.

    This isn’t like losing factory jobs to Mexico. The Visa lottery system in the US is legitimately stealing high paying intellectual jobs inside our own borders, right out from underneath our American feet. I’ve watched this play out since the 80’s in high tech, and its appalling how many jobs have been lost to the enormous number of imported tech workers each and every year. And its a total lie that companies “can’t find” enough skilled workers. Many of these people are actually not as skilled as they represent. But they are cheap. And that is what drives capitalism in America. So US companies also game the system. The legally required “posting” of jobs to prove they cannot find a qualified candidate is a total joke. They get away with posting a small letter on an ignored break room notice board. They put a ridiculous number of qualifications (5-10 years of dozens of different languages and frameworks) yet they are looking for someone fresh out of school that will accept a low wage. And since Indian workers are willing to lie and accept cheaper wages, its a marriage made in heaven. THIS is the problem. And nothing in Trump’s proposal fixes that. They will simply lie about their advanced degrees and no one in a US HR department knows which local “universities” are legit, and which ones are online or an empty building handing out fake degrees. We must fix this problem FOR REAL before we bleed away all remaining livable careers and jobs in America!

    • Elizabeth

      One other comment I should add is that American tech companies are VERY VERY slow to adopt remote working arrangements. Forcing all tech workers to be local is so “last century” and is unnecessary in an age of global workforce integration, fast internet, and countless collaboration tools. I also realize this is a double-edged sword too. Because capitalism being the greedy pig it always is, if all US companies get very comfortable with hiring all remote tech workers (think of the savings in building and energy costs!), then they will also soon be quite willing to pay for the cheapest global tech labor it can find, regardless of quality or damage to the companies intellectual capital. So unless there are strict laws to prevent this, all these tech jobs will go away too, just like factory workers, call centers, and now even HR departments.

      But right now, the reasons that I see that companies claim they are “unable” to find “qualified” tech workers (as their explanation for selling out American jobs to H1-B holders) is because they won’t let actual qualified candidates work remotely. That’s the #1 reason. The second reason is they are asking for too many skills, nearly all of which are some exotic mix of languages or frameworks that will be forgotten in 5 years. We need to return to hiring “software developers” and “software engineers” who are trained to work on any type of software project, and move away from seeking people who have short experience with X, Y, or Z flavor-of-the-day frameworks or languages, most of which are just clones of clones of clones. Most of this stuff is all the same, but HR departments in the US seem to either not know that or have forgotten it. Hire the PERSON, not the “skill”.

      I personally have many many dozens of “skills” that litter my decades-long career experience in tech. But when you hire me, you are hiring my overall experience and my history of successful development projects. Not the “skill” I am using today. Do you need me to learn React, Ruby, or ‘R’ this week? Sure, whatever. It’s just another language or framework among thousands out there, and among a huge list of tools in my toolbox. Tools, frameworks, or even languages are not why you should be hiring someone. No more than you should marry a woman for her makeup. You hire great problem solvers. You hire people who are not stuck in a rut with one language their entire career, but are flexible enough to change with each project. You hire people who can articulate their thoughts and communicate clearly. You hire people who are effective, resourceful, respectful, and successful in each of their projects. You hire PEOPLE. You don’t hire “a java person” or a “python person”. Companies that do that are screwed the moment their projects change or the technology changes, which it does… every day.

  15. MithulRaja

    I am of Indian origin and grew up in Vancouver. I have faced spells of unemployment largely while in Vancouver and worked among highly educated and skilled peers. In the US i give headhunted while working- all the time- I get jobs w ease that in Canada I’d have to work 6 years for and hope u get recognized- there are two reasons for this- an amass if opportunity compared to up north- yes a big factor for sure- but let me irate the most relevant factor- educations, skills and drive. There are mechanics and truck drivers who are moaning about foreign labor affecting their jobs- not the case instead technology is losing their jobs behind. We are in a very competitive global workforce and dreamers and dreaming will only work for the baby boomers- millennials have to pull their socks up and focus on what’s out there and sharpen skill sets. If the skills were present In the US economy, they would not go H1b. I was meeting w the Dept head Of my company and he only spent a quarter of his budget- citing he could not find qualified candidates- which ultimately leads to a poor product- wake up and stop following rich and supremacist ideology- you’ll only get left further behind in the dust. We’re all brothers- peace and love

  16. Not one person has commented about immigrants attorneys having a major influence on the abuse of the H1b “program.” They know all the tricks with legal manipulation. Hey, it’s legal. That’s why US companies hire those firms!!

    Look at OPT as yet another example where foreign (in this case mostly Indian) college students only have to take one semester of work but get to stay for seven years at a full time job make far more than in India and the firm that places them onto these jobs / engagements get a nice chunk ‘o’ the action to boot. After the seven years, cycle them through again! How convenient!

    If a recruiter or company even asks about OPT, it’s discriminatory and they can be sued!!! Immigration lawyers know about all the really cool loopholes in the law so they can make $$. That’s what it’s all about, eh???

    Hey, it’s not personal. It’s just bidnez. Luv ya! Bub bye!!

  17. VanillaGorilla

    Those taking about (white) Americans being “immigrants”, and “go back to Europe”…..We conquered this land by war, like humans have been doing for many centuries. We won the war, and it became our land. Once we settled the land (yes, a lot of bad stuff happened during that time, as it has throughout human history), it was an immense amount of land and we said “Give me your tired, your poor, your huddled masses yearning to breathe free.”. Now, there is over 300 million population. That’s too many humans. We don’t need one more immigrant. Close the borders, stop making it so easy to live off of welfare, and citizens will be lining up to work.

    • MithulRaja

      We don’t live in the war era- that was not the point of the argument. It’s God’s green earth and people move around and immigrate all the time- we don’t need war to settle anymore- the laws permit and we go. Laws created by your forefathers- and the major point is you have a lot of people- but not enough qualified people w the current required skill set. Btw your quality of living goes down when u can’t produce competitive products- to do which you need qualified skills. Really hope you can see what I’m saying

    • With due respect people like you should first leave this country. You looted people in the terms of war and a threat to native Americans. Go back from where you came from. We need peace.

  18. Female Z

    All the above comments are brooding for a “civil war”! There are millions of experienced & qualified American’s lost jobs, homes and their livelihood due to exploitation of H1-B, L1 & H4 visa holder’s getting 1st preference in US tech job market than US citizens or residents. Every single fortune 500 companies or mid-size companies has outsourced their entire IT departments to Indian companies like TCS, Wipro, Infosys etc., and those companies only hires Indian’s by default. Many wall street financial companies, Hartford’s major insurance companies, Silicon Valley’s Tech companies has Indian’s as CTO, CIO and they have deliberately/intentionally laid off millions of US workers who’s life depended on it (IT Directors/Managers, Business Analyst, QA, Developer – not specialty categories that H1 visa’s are meant for). H1-B should only be for high-skilled labor that we can-not find in the USA. It’s a open secret in Indian community to train anyone from the streets for 3-6 months & create false resumes with 10-15 years employment experience & off you go to America to behead every single American jobs!!!
    My husband & I are Asian’s but not Indian’s and we have worked with 15+ fortune 100 companies combined. We lost our jobs & our house like millions of our American & other non-Indian colleagues. Our family & kids life in jeopardy overnight!
    I have witnessed thousands of managers, BA/QA/Developer loose their jobs & they have worked in those organizations for 10, 20, 30 years! Tell me why those experienced replaced by Indian outsourcing companies? I have seen in Boston young boys/girls fly from Hyderbad to Boston for 2 weeks to fill a BA role on L1 & stay for months. Does US government have a way to check & balance?… NOPE. Indian’s built an ecosystem where they push thousands of 20+ year old with fake resumes and at night they get the job done by their leaders of the gang & train the younger ones. There are thousands of mama/papa training companies throughout USA & India to train millions & create fake resumes! Our US companies do-not check background/they rely on outsourcing companies who lies in the papers!!. When is the US government going to put strong audit system for fake resumes? Indian outsourcing companies discriminate based on name, religion, country of origin & they only hire their Indians. Our greedy US companies executives only care about their own paycheck/bonus but ultimately many of them also get replaced by another Indian executive.

    If the US government do-not intervene & raise the H1-B salary to min 100k & pass legislation for unfair dismissal (in the name of Re-org) then the crisis will not go away. H4 EAD needs to be stopped too. American qualified workers are not finding jobs, loosing jobs, college graduates are not getting fair share of opportunities. It’s wake up time for US politicians as the Indian’s are master as gaming the system!

    Indian’s who are bolstering in the above comment knows all of my above comments are 100% accurate! Only highly technical positions that can-not be filled by US tech workers should be awarded to anyone from anywhere in the world .. not just Indian.

    • IT Manager

      May be you need to check your facts and better understanding about these companies. These are service based companies and in order to work in such companies apart from skill sets you should also be willing to relocate wherever there are projects. If you are reluctant to relocate who is going to pay you for nothing if you don’t accept a project. Read the news ., TCS recently won a case in California. They hired Americans but the were not willing to relocate. I personally know an American citizen who works for one of these Indian companies for the past 8 years and he says he is happy because he immediately gets a project once his current assignment is over. The only challenge is relocation but he is fine because end of the day he has a job and need not worry of being fired. So stop complaining and check the facts. I also came to know that most of the H1B workers salaries have also being increased and they thank Trump for it. Now the same citizens are complaining again that H1bs are being paid more and they are getting less paid!! C”mon guys stop complaining and grow up!! If you consider yourself great by having Phds MS or technical expertise why don’t you guys start a company of yourself and hire people whom you think lose jobs!! You will then know the real facts!! Stop complaining like Morons and get back to your work!!

  19. Standing on the corner

    Such BS sold to American IT workers. We should have a pool for American ‘visas’ to be used first before you start looking for Indians. Look Americans are screwed unless they want wot work for slave wages.

  20. The reason there are not enough qualified workers is because companies over the last 10 years got to hire from laid off workers. They used to invest in talent by training new workers with aptitude.

    There should be a tarrif on foreign workers and the tarrif can go to training the workers the companies refuse to train.

    10 years of easy credit and plucking workers from other company layoffs has bred a sorry lot of managers. The playbook for managerial success is changing but old habits die hard.

  21. We don’t need H1b visas. These third world countries dumping their excess unemployed idiots by changing the resumes to show they are geniuses. We have lot’s of genius Americans who are very talented. The media in third world countries such as India and China spreads rumours in their countries as Americans cannot do computer jobs. Which is a pure lie. I have a Masters in IT and have 20 years of IT experience and while I was working as a Manager consultant at Microsoft/Redmond I was replaced by a H1b guy. We should get rid of H1b’s. Period.

  22. Kelly Finn

    Tech Contracting used to be an awesome way to make lots of money. For Americans and for others. I pooled my friends and we all agree that 1999 was fhe peak year . We now make about 70% of whaf we used to doing much more sophisticated work. Yet housing in silicon valley has tripled in cost. The agencies used to take 20-35% cut. Now they take 40-55%. For doing far less work. So the middlemen have stolen all our money. And in direct jobs the companies just arent paying what they used to despite huge profits. Ageism and greed are rampant. We should unionize with our foreign friends and limit profits of consulting companies to fair markups that dont make us have to complete with slave labor and dont subject anyone to exploitation. Unite and stand up to tech greed. Dont fight amongst ourselves.

  23. Government must listen to Citizens and understand their problems! This is just to give path for multinational companies get over small business companies to file more H1bs. Any Visa/Green Card Lottery/Chain immigrants not necessary at this moment. US is over crowded in last 10 years from all countries. Look at narrow roads with traffic jams and more constructions taking away greenary and creating mess. Also impose a law that only birth citizens to hold any government positions to block curruption style system not to import from other countries. Please halt visas to save US current and future generations please!

  24. One thing I understood that democracy has long gone from America as Sen Bernie said ““we are moving rapidly away from our democratic heritage into an oligarchic form of society where today we are experiencing a government of the billionaires, by the billionaires, and for the billionaires.” Elected officials should work for the interest of the constituents first not for the giants like Google, Facebook, Amazon, Oracle etc…

  25. So it appears the actual number of applications could be reduced by this change. If so, that is a very good thing! Next, return the number of OPT visas to PRE-Obama levels. OPT was a clear discrimination against US STEM students and should never have been allowed to increase. Our government MUST support it’s own people, not grant the wishes of people and companies from overpopulated countries.