By Vindu Goel & NICK WINGFIELD, New York Times
| Updated: Apr 04, 2017, 12.59 PM IST
The US
Citizenship and Immigration Services announced Friday that it was reversing its
previous guidance that entry-level computer programming jobs automatically
qualify as a “speciality occupation” — a basic requirement for receiving an H-1B
work visa.
And Monday, the Justice Department warned that
it would look closely at any employer who discriminates against American
workers by showing a preference for hiring H-1B workers.
The announcements came as the government began accepting
applications Monday for H-1B visas that will be issued for the next fiscal
year, which begins Oct. 1.
Q: How do the announcements change the government’s policies
toward foreign workers?
A: The changes are more cosmetic than
substantive. Visas for entry-level computer jobs have already been getting more
scrutiny from immigration officials, and the Justice Department is reminding
companies to follow the law.
Still, critics of the H-1B program say the
Justice Department’s warning to companies not to discriminate against Americans
might lead to enforcement action.
“If the Department of Justice concludes that these companies
are discriminating against Americans, the entire outsourcing model becomes
deeply suspect,” said Russell Harrison, director of government relations at
IEEE-USA, a group that represents American tech workers.
Q: Why is the H-1B programme important?
A: H-1B visas are commonly used by companies to
bring foreign workers to the United States to fill technical positions like
software developers. Some tech companies say they need foreign workers because
they cannot find enough Americans with the skills for these jobs.
There’s a lot of controversy around H-1Bs. Some
of the biggest users of these work visas are outsourcing firms, many of them
based in India. These firms often bring foreign workers to the United States at
low wages to fill jobs once held by higher-paid Americans.
Q: How do the new policies affect Microsoft, Facebook and other
big U.S. technology companies?
A: The large tech companies are unlikely to be
affected much in the near term, immigration lawyers and technology executives
said. Technology companies usually apply for H-1B visas when they need to fill
a job with higher-skilled workers holding bachelor’s or master’s degrees.
William Moss, a spokesman for Intel, said the chipmaker does
not expect any impact from the change. “Intel’s foreign national population in
the U.S. is largely comprised of individuals possessing unique and difficult to
find skills which can only be acquired through advanced-degree,
university-level education,” Moss said.
Q: What about the Indian outsourcing firms?
A: Indian outsourcing firms like Tata
Consultancy Services, Wipro and Infosys get a large number of H-1B visas, as do
outsource companies that are based in America, such as IBM and Cognizant.
Although they do hire some entry-level
programmers, they have been shifting their hiring to higher-skilled and better
paid workers.
Benjamin Trounson, a spokesman for Tata Consultancy
Services, said the company has cut back on its use of H-1B visas in the past
few years, receiving only 1,500 in 2016.
Q: Why is this happening now?
A: Monday, the federal government began
accepting applications for next year’s visas. Demand for the H-1B visas so far
exceeds the supply that the government is likely to cut off applications within
a week, and visas will be awarded by lottery. Congress allows for 65,000 H-1Bs
each year, with an additional 20,000 for workers possessing a master’s degree
or higher.
The
Trump administration may be using the moment to discourage what they see as
abuse of the work visa.
“The timing is not coincidental,” said Ted
Ruthizer, an immigration lawyer with Kramer Levin Naftalis & Frankel in New
York. “It’s an attempt to show a mastery of the situation, that they know what
companies are up to with H-1Bs and they’re not going to let them get away with
any shenanigans.”
Q:
Are more changes coming that could affect the technology sector?
A: Probably. Companies like Amazon and Expedia
took a leading position in opposing President Donald Trump’s first executive
order banning travel to the United States from seven majority Muslim countries,
saying that it restricted the movement of employees and hindered their ability
to attract talent.
The
industry is also awaiting a possible executive order from Trump that could
further change how H-1Bs and other visas used by the tech industry are issued.
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