What Trump’s New H-1B Order Means for Federal Subcontractors

President Trump’s recent executive order will require federal agencies to review their use of subcontractors that rely on “temporary foreign labor.” What impact will it actually have on the federal government’s use of H-1B workers, particularly in a technology context?

Under the terms of the August 3 order, federal agencies and executive departments have 120 days to review those contracts and subcontracts for fiscal years 2018 and 2019, and then determine whether the use of any foreign workers impacted the ability of American workers to get hired instead.

Depending on those reviews, further action is possible. “The head of each agency that enters into contracts shall assess any negative impact of contractors’ and subcontractors’ temporary foreign labor hiring practices or offshoring practices on the economy and efficiency of Federal procurement and on the national security,” the order continues, “and propose action, if necessary and as appropriate and consistent with applicable law, to improve the economy and efficiency of Federal procurement and protect the national security.”

There’s also an explicit opening for the executive branch to step in and adjust policy: 

“Within 45 days of the date of this order, the Secretaries of Labor and Homeland Security shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n) (1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)).”

In other words, the current executive order is unlikely to do much with regard to the current use of H-1B workers by federal contractors. As Bloomberg Law points out, the parts of the order dealing with outsourcing and national security are unlikely to yield any significant findings about misuse, since contractors are already strict about what kinds of information certain workers can access. However, this order could become the foundation for further orders that have an appreciable impact on how the federal government uses its contractors, and which workers, in turn, those contractors use.

Over the past few years, the Trump administration has made it clear that it intends to change how the federal government processes visas. At the end of July, U.S. Citizenship and Immigration Services (USCIS) announced that it would adjust fees for visas, including the H-1B. Those fee changes, including a $4,000 charge for H-1B renewals, could earn USCIS as much as an additional $200 million per year. 

Under the Trump administration, the H-1B application denial rate for large subcontractors and business-services firms, including Deloitte and Cognizant, has skyrocketed. And that was before Trump placed a temporary ban on new H-1B applications altogether in mid-July. 

At the moment, these policy moves are framed as a way to open up more opportunities to unemployed workers during the COVID-19 pandemic. “In the administration of our Nation’s immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor,” the order temporarily banning H-1Bs states. “Historically, when recovering from economic shocks that cause significant contractions in productivity, recoveries in employment lag behind improvements in economic activity.” 

Of course, the upcoming presidential election will determine whether these policies hold. Subcontractors and business-services firms also haven’t been shy about threatening lawsuits over H-1B policies, which could make the next few years even more interesting. 

43 Responses to “What Trump’s New H-1B Order Means for Federal Subcontractors”

  1. Keith Padgett

    Good. Democrats and Republicans have dropped the ball on this for years. The Democrats like their foreign labor and illegal votes and the Republicans like their cheap labor and slave wages. This is a good move to bring jobs back to America. The author could barely contain his “Orange Man Bad” opinion in this piece.

  2. Jen Johnson

    IMTIAZ MUQBIL

    From falsifying documents and setting up fake websites to pretending to be “religious leaders”, Indians are resorting to a variety of tactics in the hope of getting a U.S. visa, according to cables from US diplomatic missions in India published on the whistleblowing website WikiLeaks.

    In the leaked cable dated Oct 2009 and released by WikiLeaks on 24 April 2011, the U.S. Consul in Chennai said in the India Biannual Fraud Update, “Fraudulent civil documentation is common in India, both in terms of documents that have been fabricated outright, and documents issued improperly. (U.S. diplomatic) posts see a myriad of fraudulent documents, including fake civil registry documents, counterfeit entry/exit stamps and third-country visas, employment letters, sponsorship and financial documents, bogus degrees and entrance examination scores, and altered marriage and site photographs.

    “Visa consultants sell such documents to applicants who seek their advice about how to qualify for visas. Peddlers of fraudulent documents abound and operate quite openly in major Indian cities and even some of the smaller towns. Government officials are not above fraudulent issuances either. Virtually all birth certificates, death certificates, and marriage registration documents can be purchased from corrupt local government officials or brokers.”

    The cable, which offers a detailed compilation of the numerous problems facing diplomatic missions in India, sounds a clear warning to tourism and immigration authorities worldwide about the potential downsides of the Indian outbound travel boom. Although countries which require visas from Indian citizens have some mechanisms in place to detect fraud, the many countries now offering Indian citizens visa-free or visa-on-arrival access are bound to see a commensurate rise in illegal Indian immigrants. A reopening of the long-standing debate over tourism promotion policies and visa requirements is a foregone conclusion.

    The cable notes that inspite of booming economic conditions in India, “an opinion poll published in the popular Times of India in January 2007 noted that 37 percent of the 1.1 billion Indians would emigrate if they had the chance. Many Indians have tried to migrate (to the U.S.) using non-immigrant visas, and a greater number of Indian nationals apply for employment-based H and L visas than any other nationality worldwide.”

    Busiest in the World

    According to the cable, “India-wide consular operations are among the busiest in the world. In FY-2008, Mission India processed more than 756,000 non-immigrant visa applications and 27,000 immigrant visa applications.

    “While the majority of applicants from India are bona fide travelers and migrants, the volume of fraudulent applications is still significant. Some states, such as Gujarat and Punjab, are traditional sources of migration out of India and fraudulent applications from these areas are more common than from other regions of India. The state of Andhra Pradesh, and in particular its capital of Hyderabad, has been identified as a large center of documentary fraud which affects all India posts.”

    The cable says, “Mission India processes more H and L visas than any other country in the world, more than 30 percent of the world total in FY-2008. Although H and L visa applications were down slightly in FY-2009 due to the worldwide economic environment, Mission India still processed 120,320 H and L visa applications in the first three quarters of FY-2009, including 60,725 in Chennai alone.

    “Mission India processed 192,332 H and L visa adjudications in FY-2008 and 190,087 in FY-2007. Chennai, Mumbai and New Delhi have been the three busiest H-1B visa processing posts in the world for the past five fiscal years, and we project that India posts will comprise the top four in the world now that the new Consulate General in Hyderabad is adjudicating visas.”

    It says that “in FY-2009, the non-immigrant visa classes most often targeted for fraud were B1/B2 business travelers/tourists, H-1B temporary workers, F1 student visas, and P3 culturally unique artists. Since the implementation of the new petition requirement for R-1 religious workers, Mission India has seen very few fraudulent R-1 cases. The most commonly targeted immigrant visa classes were IR-1s and CR 1s in Delhi and F-2B and F-2A visas in Mumbai and Chennai.

    Specific regional areas

    “During the six month period from March through August 2009, Mission India’s consular sections identified a total of 3,596 cases of suspected visa fraud (Chennai – 1,237, New Delhi – 949, Mumbai – 809, Hyderabad – 523, Kolkata – 78). 5. Most of India’s fraudulent applicants come from specific and easily defined regional areas within each consular district.

    “These states have some of the most mobile populations in India and the largest concentrations of expatriate communities overseas, including in the United States. In New Delhi, cases originating from the Punjab comprise the majority of its IV (Immigrant Visa) and fraud caseloads, while the same can be said in Mumbai with Gujarat. Chennai and Hyderabad’s fraud workload comes principally from Andhra Pradesh.”

    It says that “B1/B2 visa fraud is the most commonplace. Regionally-based fraud rings throughout the country, but especially in Hyderabad, continue to produce fraudulent documents for visa application and travel purposes. Some visa “consultants” and travel agents specialize in fraudulent experience letters and fake document packages, which include passport copies of false relatives, bogus financial documents, and affidavits of support.”

    It cites several examples: The New Delhi post “uncovered an extensive network of fraudulent Lions Club conference attendees. Mumbai recently discovered a scam involving unqualified children being misrepresented as attending different schools in an attempt to boost their financial credibility as Space Camp attendees. As a result, Mumbai now requires signed affidavits by chaperones and has physically canceled the visas of several large camp groups.”

    According to the cable, “H-1B fraud is one of the top two visa categories for fraud throughout Mission India. All posts regularly encounter inflated or fabricated educational and employment qualifications. The vast majority of these documents come from Hyderabad. In the 18 months prior to the start-up of consular operations in Hyderabad, FPU Chennai investigated 150 companies in Hyderabad, 77 percent of which turned out to be fraudulent or highly suspect (ref F). Most of those cases slated for site visits were to verify the experience letters for H-1B applicants who did not meet minimum educational qualifications.”

    Tightened Procedures

    Applicants masquerading as religious pilgrims were also problematic until the procedure was tightened to be petition-based. The cable says, “During the last two years, most R-1 fraud was detected amongst Tibetan refugees, Sikh raagis, and Hindu priests. Mission R-1 fraud includes both fraudulent beneficiaries and fictitious inviting parties. Since DHS began requiring petitions for R-1 applicants in November, R-1 fraud referrals have almost completely dried up. Since DHS requires 100 percent on-site verification of petitioners, however, many potential R-1 applicants now apply for B1/B2 visas in an attempt to avoid closer scrutiny.”

    It outlined religious visa fraud trends from Chennai, Mumbai and Kolkata thus:

    “Mumbai noted that following numerous Fraud Prevention Unit site visits in the states of Gujarat and Maharashtra in which none of the purported Sikhs were legitimate religious workers, CY-2008 R-1 visa refusals have climbed to nearly 70 percent. Mumbai and Kolkata noted similar findings that Sikhs and Tibetan monks had the highest percentage of confirmed fraud during this period. Kolkata confirmed that 85 percent of R-1 Buddhist monks from the Northern District of West Bengal did not belong to the monasteries as they claimed. Most of these fake priests were from Nepal or from the south Indian state of Karnataka. FPU Kolkata observed that Buddhist priests and monks from this region all speak Hindi, and Buddhist monks who claim to speak only Tibetan are not from West Bengal. A recent Mission-wide study of stateless B1/B2 applicants, most of whom were purportedly Tibetan monks, confirmed an overstay rate of over fifty percent.”

    It said that “an astute catch by the FPM in Kolkata caught several fraudulent R-1 applicants applying the same week in Mumbai and New Delhi. Based on an A/RSO-I investigation in New Delhi that uncovered fake stamps for an organization in Michigan, Chennai arranged the arrest of three fake Sikhs, and the Kolkata FPM used Watch Phrase to alert U.S. Mission New Zealand about its applicants connected to the same Michigan organization.”

    For Performer Visas, Chennai, Mumbai and New Delhi have all been active in combating fraud of cultural performers and reporting on P3 fraud trends. According to the cable, the highest rate of fraud is in New Delhi, which has developed a mandatory Fraud Prevention Unit prescreening program for these types of cases. Its study validated an overall refusal rate of 56 percent and confirmed an overstay rate of five percent. Mumbai found that while P3 holders did not overstay their visas, several did report being mistreated and underpaid.

    “An investigation by the Chennai FPU in 2008 uncovered a visa fraud racket through which famous Tamil film actors and industry associates assisted mala fide applicants to obtain B1/B2 visas, purportedly to scout movie locations. Over two hundred applicants applied for visas under this scheme, and 95 were issued.”

    Fictitious Marriages and Divorce

    One of the more “particularly troublesome” visas are the F and CR categories (families and relationships). The cable says “posts see false family relationships and fictitious marriages and divorces every day. The Indian custom of arranged marriages makes adjudicating IR and CR cases particularly difficult, as the husband and wife often do not meet until just before their marriage. Many of the IV fraud referrals in Mumbai are CR-1 or F-21 cases stemming from “arranged” marriages between U.S. citizens or LPRs and Indian nationals. Thus, much of the FPUs’ time is dedicated to determining the legitimacy of the family relationships that sustain the claim to immigrant status.”

    It adds, “Posts also frequently encounter misrepresentations of marital status in order to benefit from later “current processing dates” (e.g. falsely claiming to be single by denying the applicant has a spouse and children in order to qualify for F1 classification) and misrepresentations of the age of children in order to qualify as part of the family eligible to immigrate. Chennai has seen the largest number of these cases originating from the state of Kerala.”

    The cable says that Alien smuggling from and through India using fraudulent travel documents is one of the most serious challenges facing posts in the region.

    “Smuggling ranges from individual document vendors to sophisticated criminal organizations that move hundreds of people to the U.S. each year. Delhi and Mumbai have become key transit points for illegal migrants proceeding to the U.S. from India. DS/CR/VPAU, in consultation with DRSO/I New Delhi, and the Austrian, Canadian, British, and New Zealand High Commissions continue to monitor third-country nationals transiting New Delhi with counterfeit documents. Individuals of numerous nationalities, including Armenians, Iraqis, Moroccans, Georgian, Bangladeshi, Congolese, Nepalese, and Sri Lankans have been intercepted attempting to transit New Delhi with fraudulent documents. Other Indian airports have also been reporting similar patterns. From 10/2008 to 04/2009, there were 32 encounters/off-loads involving Nepalese/Tibetans via New Delhi enroute to JFK alone.

    It says, “Trafficking in persons (TIP) remains an area of concern. India is a source, destination, and transit country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor. Internal trafficking of women and girls for the purposes of commercial sexual exploitation and forced marriage is prevalent. The GOI estimates 90 percent of India’s sex trafficking is internal, although estimates of the number of trafficking victims vary widely and are generally unreliable. Recent years have seen an increase in trafficking to medium-sized cities and satellite towns of large cities. India is also a destination for women and girls from Nepal and Bangladesh trafficked for the purpose of commercial sexual exploitation.”

    Indian Passport Fraud

    It is not just the visa documentation but also the Indian Passport itself which is described as “a significant and continuously worrisome fraud challenge.”

    Says the cable, “For all of the security features and improvements in quality control of current Indian passports, quality and issuance control are lax and penalties are so inadequate that virtually anyone can obtain a genuinely issued, but fraudulent passport with near impunity,” the cable says.

    “The design of the Indian passport incorporates many good security features that would normally lead to a more favorable rating of this document’s vulnerability. The problem lies in production inconsistency and vulnerable source documents. Quality control is lax at production locations. Thus, genuine passports sometimes are partially or completely missing security features. Genuine passports issued on the same day at the same place can look entirely different – a different batch but the numbers are sequentially close.

    “The only documentation required for a passport is proof of birth and proof of residency. Easily reproduced school records can suffice for the former, while a bank statement or utility bill can be used to “prove” the latter. Although police are supposed to verify the information on each application by visiting the applicant’s neighborhood and interviewing neighbors, such checks are often cursory at best. In most cases, police officials will only check warrant records and then hand over a clean record to passport authorities. Notwithstanding these problems, the fact the application process requires a police check is positive,” the cable says.

    All these problems mean that significant efforts have to be made to combat them. This is being done through increased use of technology, training programmes, arrests, better internal coordination as well as “an increasing amount of pressure both from the U.S. government and from other diplomatic missions, primarily the U.K., Canada, Australia, Germany, and New Zealand” on Indian law enforcement to address smuggling and trafficking issues.”

    It says, “All posts have increased efforts to work more closely with Indian authorities in a number of areas of common interest, such as making Indian documents more secure, establishing fraud prevention strategies, verification of civil registry information, and the apprehension of criminals. Airport police and immigration authorities in Mumbai have been aggressive in detaining individuals who DHS deported for fraudulent documents. Law enforcement in New Delhi has been actively involved in arresting visa vendors but has not taken a general interest in arresting persons denied boarding at the airport for presenting fraudulent documents, in part due to the absence of a U.S. presence at the airport.”

    • Thank you! This report is twice yearly and the abuses still occur and only NOW we have a president who is taking action? Wow. I can attest to the truth of the report – I can point to a number of completely unqualified H1b visa holders. We MUST properly vet the people we let into the country – we probably are not spending enough money to do that and should further increase the charges for these visas to cover more extensive verification.

    • Companies are getting clever these days. This order will not effect them because they setting up office in US neighboring countries. Bringing workers from abroad to those countries and also we will see lots of outsourcing.

      • “will not do anything. they are setting up shop in neighboring countries.”
        I’m shaking in my boots… NOT

        That neighboring country’s citizens will suffer as much as US citizens have. They would be wise to stop it while it’s still early days for them.

  3. I welcome this change. There needs to be a step further and get the H1b contractors OUT of our energy grid and utilities. Completely out of federal work, whether directly for the federal government or working on programs funded by the federal government. We should ensure only loyal Americans are involved in our critical systems.
    Remember – Joe Biden will drop this restriction at the first chance AND vastly increase the number of H1b visas. We do not deserve more assault on our careers and critical systems.

    • Dominique Devereux

      This is true these politicians don’t care about the citizens well being. They are owned and paid for and only concerned with increasing the profit margins of the corporations funding them.

      To many Americans are out of work right now. This should be priority to do every necessary to stop farming out jobs to immigrants on visas.

      • AmericanSTEMWorker

        I am a top 25 STEM BS/MS and I can safely say that technology workers are in a total sh*tshow right now with the outsourcing going on. Supposedly it is spreading to the Medical field where Doctors cannot get residencies due to immigrants.

  4. The worse comment immigrants make is to imply they are a needed skill. Unless they wield a doctorate from a world reputable school, then NO, they are not a needed anything. During this epidemic and economic catastrophe each country looks out for their own, we should do the same. YES, we do have the needed required skills, we just need to relearn how to hire citizens first. We have our own huge diversity of skills, races, cultures, and first generation citizens. We can higher our own, without being partisan, racist or intolerant. When things get better, we can look at other options but for now it’s important that we hire Americans!

    • Very good post, the Indians with whom I had to associate while at Oxford were lazy, constantly working the system, cheated on exams and were indignant when they got caught. But they just moved on to another University, their family had money and they did not need to work. H1bs I worked with here were similar, do the minimum and get some lawyer to apply for a green card. Trump talked big but did very little to eliminate this worthless program.

      • Trump is doing more than any other president since this bad program started. And pay attention to your kids’ teachers – there are foreign teachers hired on H1b visas also, through teacher bodyshops no less. As a local school board member said – the first year they learn how to get to school and find their way around, the second year their language skills improve and the third year they may be able to teach effectively. Personally, I doubt the effectiveness because the style and manner of teaching is foreign to us in many ways. Beware.

  5. Iqbal Ahmed

    America and American first is the best ever policy one could see. This policy should continue as long as all Americans have jobs and have the avenue to flourish. This will not only be helpful to hard working citizen but will surely strengthen the economy of country. The more they earn the more they’ll pay the tax, government will be strong and country will grow further. Well done Mr. President. At least after a long time American can see a sign of happiness and relief. I wish being an American we all think like this.

  6. Trump for the nation. Most of his promises are fulfilled or on the way. The H/L in federal contracts shouldn’t be allowed long time ago and it is good decision by Trump for employment and security reasons.
    The new bill 386 to allow flooding of green cards (Naturalized Citizen in 5yrs) will make US Born citizens (regardless of race) to look for jobs in another country or a planet. Only Trump can block and save future generations of US Born Citizens.
    All government jobs (including schools) should be given to US Born Citizens (not naturalized citizens or green card holders) to protect nation from injecting corruption into the system.

    • King Trump

      Absolute BS! This is all political play targeted to the November election. Why didn’t he place a hold/ban on the H4 spouse employment authorization? Since 1997, 2 million H4 visa have been issued, I’m unable to find any accurate stats on the number of spouses who are employed under the H4 visa but would estimate 1 million. Another DHS black hole. If the PRESIDENT cared about AMERICAN workers the H1/L1/H4 ban should have been his first priority JAN 01 2017. Not JUNE 2020.

      • There are approximately 393,250 H4 from 2017-2018-2019. I counted all 3 years since a H4 visa is good for 3 years. Of course, this does not count the previous H4 that have converted themselves into green card holders by way of other means.

    • I’m naturalized citizen, I agree with you but here is the best example. In my company the guy who is US born had 8 years of experience in development hired as Manager. My expectation about him was high but in reality he wasn’t smart enough to build complex applications and moreover he was very lazy. After a year or so he got fired , my CEO told me I wasted money by hiring him. Truth is US born tech guy wants more money plus they don’t work hard as foreign workers like me. Companies are not stupid, they want to get out everything out of it. These are Political agenda to manipulate people to get vote since election on the way but once it’s over things get bad to American people.

      • This does not mean that all americans are less skilled and that they get paid more. It means that you have one specific example of a Manager whose skills in hiring another manager is obviously inadequate.

      • “Truth is US born tech guy wants more money plus they don’t work hard as foreign workers like me” Absolutely no truth to this statement. I have had to work with a variety of foreign workers and depending on who they are, they are about the same as
        US workers but they require a great deal more supervision. H1Bs are terrible

      • GoodWorker

        Interesting comment. I find all Indian workers to be sneaky, have paper mill degrees, have poor English, and try to take over once they get into a position of power. See, we can all play the generalization card. For you to say an Indian employee works harder than an American worker is not only insulting but also very ignorant. Also, quality and high skill do not go with low pay and not appreciated. I hope you understand, American’s will fight for their jobs and are very capable of working just as hard as you and in my opinion, harder and smarter.

        • Look at all the racist comments here! Nice 🙂 Companies hire foreign labor because:
          1. There is a legitimate need.
          2. They’re trying to cut down on wages.

          1: Many US companies hire foreign labor, spend a ton on visas and on legal fees because they cannot find talent locally. This doesn’t mean that there are no Americans to do these jobs, it just means that supply is lesser than the demand.

          2: You have some companies reaching out to Indian consultancies for finishing up projects at a cheaper rate. These are the bad eggs that bring in unqualified people.

          To stereotype every Indian and saying that their work is either bad or they don’t have any good English is ignorant.

          • For you to say that supply is lesser than the demand is quite ignorant.
            How do you know for sure? Do you have a list of all the available american IT workers that are unemployed and available?

      • Thanks for the comment San. I agree with most of what San says here but I also agree with much of what is being said about Indian workers specifically.

        The cybersecurity graduate program at U of Houston, massive cheating. I was told about it while in the program from a H1B coworker whose wife was in the program. The Indian teacher assistants were giving out questions to the finals.

        At work: -Me “The logs show you were modifying settings on this server before the application quit, caused an outage and no one could book via the website for hours until we found these settings were misconfigured.”, -H1B “Yes, but the application wasn’t working.” -Me “No the time stamps show you modified it and then bookings started to fail.”, -Manager “Yes, but the application wasn’t working. We’ll write up the root cause as reason unknown.”

        BUT…My previous two teams were filled with mostly white guys like myself and over half of them needed their walking papers. They hadn’t updated their skills in years if not nearly a decade, you couldn’t trust any of them to be true knowledge workers because they had poor judgement and would down a system in a heartbeat so they all needed micromanaged. One was so bad the customer said he wasn’t needed and my employer let him sit around for months because he was close to retirement. Another we couldn’t get fired until the CEO of the company saw him sleeping which he did everyday and his immediate manager knew. You can’t win a dog sledding race if half the half the team is sitting in the sled. With how the average white guy is now, no wonder teams are being outsourced.

        Don’t think you’re one of the lazy ones. Look at your waist line and get back to me.

  7. The democrats support human trafficking in whatever form it comes in, because they like the illegal votes they get from them. Many across both aisles like the cheap labor of all the visas. Of course, because Trump has proposed clamping down on all this, it must be bad. And the contract employment agencies obviously love H1B and H4 visa holders.

  8. I have been looking for work since Feb 2020. I spoke to a recruiter a couple of days ago and he couldn’t believe that I have not found work despite my many years of experience and Salesforce certification. I have a hunch why I am not finding work. I simply cannot compete against very low H1B worker rates. As I understand it, H1Bs that are already in the States, can stay and reuse their visas in case they lost their jobs and potential employers obviously would grab them first. I also have observed that 90% of recruiters are linked to Indian outsourcing / recruiting companies. Even if I do find an american recruiter, I can not assume that this recruiter would give me any priority over an H1B (granted skills/experience are looking similar). My belief is that they base their decision on who to present based – on how much commission they can take from each head they represent.

    None of the recruiters, Indian or American can know how many of us americans are out of work. If the USCIS or the government truly want to know how the H1B has impacted our ability to find work, perhaps all they need to do is to create a platform where unemployed american IT workers can post their availability; their CVs; and how long they have been looking for work.

  9. Griisha

    Fraudulent or not, there are far too many visas issued to Indians. Why not just give these jobs to the ghetto communities, or even to children? They are no less qualified and just as fun to manage! Isolate. Eradicate.

  10. Check out the job market lately, the Indian shops are hiring H4 instead if H1’s. Why are they hiring the dependents? those H4’s doesn’t have the Dept of Labor job allocation, this is a clear abuse of the system!

  11. Hermelinda B

    This is a good move to cancel all these H-1 Visas from taking jobs away from Americans. There are many consulting companies, Sapient, Deloitte and others that have thousands of employees that are on H1 visa, meanwhile many americans are unemployed due to job scarcety since these immigrants on H-1Visas come and just take the jobs

  12. The fact that American IT workers get excited to hear about these “minor changes” or “indications that further restrictions may be coming” to H1B just shows how desperate we are for any kind of relief from the damage this program has done to our field and our careers.

    The thing is though, it would be very easy for the government to change this program in ways that would greatly reduce the actual usage of H1B by American companies, or gradually phase it out altogether. That’s why its a bit of a stretch to try to say this President truly cares about limiting/ending this program. If he did, the changes would not be small, minimally impacting things like this or other ineffective things that “lower the approval rate”. (who cares what the approval/denial rate is when the same number overall are brought in either way).

    I think, rather, these moves that we all applaud (at least its SOMETHING, right?) are simply meant to win our votes during an election period. Give me a break, this guy’s had 4 years to take care of this, and there seems to be simple solutions that would not even require the buy-in from Congress if the president simply wanted to do it. Ending the program outright might require approval from Congess (not 100% sure), but changing the details of how the program works seems to be in the President’s hands.

    Very simple solutions – as someone above said, simply make a very high minimum salary requirement. This would lower the rate of foreign workers brought into the field dramatically, and ensure that those H1Bs that are filled are truly for some “hard to find skillset” as the BS line always goes. What – is that just too simple and easy?

    • Isn’t that what Trump is suggesting – increase the minimum salary requirement? But as it stand, how can USCIS really ‘police’ this amount? On paper, it looks ok but nothing prevents the recruiting company to give the H1B employer a rebate.

      • I’m not sure where you’re seeing that in the above article – it sounds like the only actual result of this executive order will be a “study” to try to determine if H1B is “actually taking jobs from Americans”, and that’s only in terms of how Federal Contractors are using H1B – they’re not even looking at the overall field. Other than that, the only change I see mentioned is an increase in processing fees, which doesn’t sound like it will add in enough extra cost to change companies behavior.

        And that’s the only thing to even consider here – the only solution that is going to make a difference is one that strongly discourages companies from using H1B by making it *hugely* expensive. And of course you would need some pretty stiff penalties for anyone trying to go around the system with some kind of rebate or accounting trick. The thing is, there will be a paper trail for anything like that which is done – granted this won’t be caught every time someone tries to “cheat”, but make the penalties harsh enough for anyone who does and the majority of corporate America will comply.

        Bottom line here is there are solutions. Its more of a question of somebody having the political will to get it done, and that’s where we seem to come up short on this time and time again…

        • I saw it in another article. It announced that Trump is recommending to raise the minimum salary for H1Bs.

          Why not just create a platform for all americans to register their availability, skills, certifications, number of years of experience and there we shall see if EVERYONE is truly employed as these H1B recruiters are claiming.

      • Where is Waldo

        Today, I (a US Citizen) am going to be interviewed by an Indian who came into the US in 2014 as a 1 year student, then did an internship and then for some reason has been working for a number of companies since internship (on the average staying 10 months each). He has a total of 4 years work experience to my 16 years of experience. He has not been without work. On the contrary, I have been out of work for many many months now.

  13. Kevin is right, Trumps changes have been small and took 4 years just to get this minor change—very disappointing. DoS has gutted June 22 order in new H1-Bs – the death of our jobs is a trickle. The latest order does not say: “gov contractors will not use H1-B” But what choice do we really have, as Biden will open the flood gates and drown us.

  14. After reading the comments, now I see why I see so many Indians and I don’t mean native Americans. I think H1-B has been a mistake.
    I currently work for a company that has at least or is close to 50% of the work force is Indian
    and eastern european. When I interviewed for the position, I was told that they couldn’t find enough of qualified American staff. Actually, they did it so they didn’t have to pay higher wages.I work upto 50+ hours a week and there is no OT or comptime. I know they have used Cognizant to higher a staff outside of the states. I still don’t like Trump.