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A group of outsourcing companies that use the H-1B visa to fill U.S. jobs with foreign workers have filed a lawsuit claiming recent U.S. government restrictions on the visa program are illegal.
The legal action attacks a February policy change by U.S. Citizenship and Immigration that imposed tighter requirements on outsourcers seeking H-1B visas, which are intended for jobs requiring specialized skills and a bachelor's degree or higher.
[...] The new H-1B rules single out outsourcing firms and require that they provide evidence proving a worker will perform a specialized job, and that the job match the work specified on the visa application.
In the suit, two companies and a consortium that has been lobbying Congress over H-1B restrictions claimed Citizenship and Immigration lacked the authority to make the rule changes, and that the alleged over-reach violates the U.S. Administrative Procedures Act.
[...] The companies and group filing suit claim the new H-1B requirements will "choke out" their work by denying them H-1B visas and visa extensions.
"Without sufficient employees to meet their clients' needs, Plaintiffs will suffer irreparable harm to reputation and ability to compete," the suit said.
(Score: 0) by Anonymous Coward on Tuesday May 08 2018, @09:21AM
Short-term, you pay foreigners more than they're worth. Long-term, you flood the employee market so average expected pay in the field sinks down. You can hire more for less.
Besides, foreigners want to come, they have incentive to come independently of the money offered, even for much less money than the law will make employers pay them.
So, the system will be gamed, prospective foreign employees will accepts all sorts of shady deals such as fictive loans, paying back parts of their salary to employers' dependent companies - company "hotel", company "store" (Yeah "16 tons, and what do you get ..."), or accept being paid in part in some blown up worthless stock ... etc., when there is a will, there is a way, and the law always plays catch with crooks.
Immigration and IRS should check out their standard of living, compared to domestic equivalent employees, and trace any money sent back to country of origin (does it end up at their families, or does it perhaps end at local recruiter/launderer, who sends most of it back to the employer).
In short, if this guy doesn't have the stated money as his disposable income, something is very wrong.