Hacker News new | ask | show | jobs
by product50 3108 days ago
This is a really cruel move. It honestly only affects a small population of spouses from Indian and Chinese immigrants who have to wait a long time for their green card application to go through (due to per country quotas). The reason why spouses of H1-B immigrants can't find jobs on their own, even when qualified, is because of H1 quotas which fill on the first day of application - and, if they aren't lucky to get it, they are just stuck. Also very few companies want to wait for 6+ months from the time the job has been accepted to when the candidate starts given H1 application needs to be filed on April 1st while the person can only start working on October 1st (if they are lucky to make through the quota). H4 EAD provided a way for them to be employed and do something with their life. With this repeal, that option will be taken away.

On the other hand, Trump is doing a few things to alleviate the situation:

1. He will likely strike down hard against Indian IT companies which take more than half of H1 visa quotas. That should help spouses, who are qualified, to have a better shot at getting an H1.

2. He is proposing a merit based GC going forward vs. the current system where there are country quotas and where family applications take priority.

Both these will help. However, I would have liked to see these happening first vs. H4-EAD taken away.

4 comments

The merit-based proposal that I've seen last time around had very high bars; much higher than Canada, say. I would dare say that most H1Bs would be worse off under it, in that they wouldn't be able to secure the visa at all.
So you are suggesting some of H1B slots will stay empty?

If they're not, what's the problem? The best performers still got their visas, and USA got the top talent.

No, the best performers couldn't get a visa or had to leave the country, because of the cheap Asian imports, who overrun the system. With the proposed min. salary this would have helped a bit, but the numbers are still too high so that many high performers have to work remote. Which hurts the US economy because their workforce will not learn anything from the high performers.

Now with the retracted spouse rule you again benefits Asian visas because their spouses usually don't work. In contrary to Europeans.

I think, you are far from truth. To work on EAD, one needs i-140, which is enroute to green card. So non Indian and chinese, get their green card in 2 years. After green card, every thing becomes immaterial. So ONLY Indians and Chinese get messed up.
He will likely strike down hard against Indian IT companies which take more than half of H1 visa quotas

Is there any indication that any of these or their domestic representatives donated to Trump's campaign? I'd search but I don't know any names. Seems like a gravy train the companies would be attentive to maintaining, though.

I think he will likely increase the minimum salary bar for IT professionals to qualify for H1 from the current $60k to potentially over $100k. That will wreck a lot Indian IT companies business models where currently it is a price arbitrage game.
You say he will do this, and he will do that. It is very odd how the administration puts out so many contradictory messages that people from all different viewpoints and political leanings make confident conflicting assertions about what will happen. But, when you look at the actual things that are implemented by the administration it is just straight up cruelty and class warfare.
I can only hope that things will improve and better sense will prevail.
I mean at a certain point hope becomes delusion.
Sounds fishy, but would it be possible that the increase in salary would still end up coming from the pocket of the "employer"? Like some sort of "kickback" employee has to pay per year to a shell agency for recruiting kindof thing.
It's more likely we'll see a reduction in benefits like company health insurance or bonuses to offset a rise in salary. It won't get you from 60k to 100k, but I can see how one might squeeze out 15-20k from this.
which is highly ileagal in the USA
I don't see making it harder to bring over family members as a really positive move. It's difficult already.
Let’s get something straight: H1B is not an immigrant visa. It’s a temporary work visa. So the idea of “H1B Immigrants” is wrong and represents an abuse of the program. Someone who intends to immigrate ought not be using the H1B.

Really there should be no path to a green card for H1Bs.. that is against the purpose of that visa. Get an EB3 if you intend to immigrate.

You say "let's get something straight" but follow up with blatant misinformation.

Directly from wikipedia:

"Even though the H-1B visa is a non-immigrant visa, it is one of the few temporary visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the H-1B visa. Effectively, the requirement to maintain a foreign address for this non-immigrant classification was removed in the Immigration Act of 1990."

It's extremely irresponsible of you to suggest that H1B holders are abusing the program by intending to immigrate because...

a) As pointed out by the comment earlier, H1B holders can have dual intent: https://www.uscis.gov/sites/default/files/USCIS/About%20Us/E...

b) Structuring of EB2/3 queues according to the birthplace of the applicant itself is more abusive than most things to do with immigration to the US.