5 ms·
Link to DHS press release: https://www.dhs.gov/news/2020/10/06/department-homeland-security-and-department-labor-rule-restores-integrity-h-1b-visa https://www.d
by airstrike 6y ago
Link to DHS press release: https://www.dhs.gov/news/2020/10/06/department-homeland-security-and-department-labor-rule-restores-integrity-h-1b-visa https://www.dhs.gov/news/2020/10/06/department-homeland-secu...
Probably a better link than the WSJ submission – even though I'm a subscriber, I want the facts, and the facts seem to be hard to find
As a matter of fact, I still haven't found the actual "interim final rule" (an oxymoron if I've ever seen one), so if anyone has a link, I'd be immensely grateful
EDIT: Here's the unpublished ruling in PDF: https://public-inspection.federalregister.gov/2020-22347.pdf https://public-inspection.federalregister.gov/2020-22347.pdf
One paragraph I was keen on knowing more about – and which seems pretty uncontroversial:
> Under this new rule, the petitioner will have the burden of demonstrating that there is a direct relationship between the required degree in a specific specialty (in other words, the degree field(s) that would qualify someone for the position) and the duties of the position. In many cases, the relationship will be clear and relatively easy to establish. For example, it should not be difficult to establish that a required medical degree is directly correlated to the duties of a physician. Similarly, a direct relationship may be established between the duties of a lawyer and a required law degree, and the duties of an architect and a required architecture degree. In other cases, the direct relationship may be less readily apparent, and the petitioner may have to explain and provide documentation to meet its burden of demonstrating the relationship. To establish a direct relationship, the petitioner would need to provide information regarding the course(s) of study associated with the required degree, or its equivalent, and the duties of the proffered position, and demonstrate the connection between the course of study and the duties and responsibilities of the position
- dboreham 6y agoI had high hopes for the "Executive Summary".
- guitarbill 6y agoThis was already the case, they would ask for a request for evidence (RFE) how the degree was related. This is annoying if you e.g. studied maths and then started working in IT.
- airstrike 6y agoRight, that was my understanding as well, but the WSJ article said the rule "narrowed" the list of degrees so I was curious if they had limited to some specific list like STEM degrees + Law + Medical or something like that
- CinchWrench 6y agoI've seen this abused so badly though--our compliance person in HR was asking me to help write one a while back for a candidate that had a BS in mechanical engineering and no relevant work experience, claiming that a course the applicant had that taught MATLAB was sufficient experience for a role as an android dev.
- mrtksn 6y agoHow is that an abuse if the person is actually required to perform the Android Dev role at work? This looks like a rule that will block all the self thought developers, which are plenty and some are among the best.
- CinchWrench 6y agoBecause the applicant wasn't qualified to do it. H1B is not a jobs training program, but they were trying to use it as one. The US has a jobs training program for foreign workers/grads. It's called OPT. That's abuse.
- Siira 6y ago"Qualified" by whom? By universities? Fortunately, in SE the code talks loud and clear, and discriminatory rent seekers need to invoke the violence monopoly to get their way.
- rwalle 6y ago"weren't qualified" LOL. You don't know what you are talking about at all. I have a degree in physics but I have been programming since I was 10. From what I can tell, my programming skills and experience are no less than someone who graduated with a master in CS at a major university. This is called -- prejudice.
- swyx 6y agohow much higher wages are we talking? skimmed the ruling and didnt see anything.
- tequila_shot 6y agoThe rule doesn't say. It looks like something that was part of the original plan but removed. I don't see it anywhere in the PDF linked above.
- koboll 6y agoSo... the title of this submission is wrong?
- tequila_shot 6y agothe title of the article is right, the WSJ article doesn't correlate with the rule linked.
- airstrike 6y agoThe rule linked came from https://www.federalregister.gov/public-inspection/2020-22347/strengthening-the-h-1b-nonimmigrant-visa-classification-program https://www.federalregister.gov/public-inspection/2020-22347...
- madars 6y agoThere are two unpublished rules. DHS rule that you mention ( https://www.federalregister.gov/public-inspection/2020-22347/strengthening-the-h-1b-nonimmigrant-visa-classification-program https://www.federalregister.gov/public-inspection/2020-22347... ; goes in effect in 60 days) and DOL rule establishing the percentiles ( https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Interim-Final-Rule-Strengthening-Wage-Protections-for-the-Temporary-and-Permanent-Employment-of-Certain-Aliens-in-the-United-States.pdf https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Int... ; goes in effect this week).
- jl2718 6y agoThat is insanely complicated. I know it would cost a lot of governmemt jobs to simplify, but, why not just a lottery for a set number? Or a set salary floor? One thing I don’t understand is the ridiculously low “entry level” wage set at 17%. Those are the jobs we need to protect the most to get disadvantaged americans into the pipeline. 17% is the zone of broad mis-classification, like a ‘computer systems analyst’ that works at the library, or academic jobs, or sweat equity workers.
- bpmooch 6y agoThe complexity of the system acts a deterrent to applications. The point is is to force H-1B's to exist as a lever you start pulling when your business depends on it, not as labor force optimizations for capital-flush companies.
- aabhay 6y agoThe complexity will only form a moat around the resources and techniques of capital flush companies...
- tequila_shot 6y ago> and DOL rule establishing the percentiles ( https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Int https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-Int... ; goes in effect this week Not true. I know this was "withdrawn" yesterday.(see my comment below).