I think there’s plenty of interesting debates to be had about immigration policy and its effects on the labor market, but one thing worth noting here is that the primary problem that damn near every other country on earth has isn’t immigration, it’s brain drain.
A core strategic strength of the US over the last century has been that everyone with any talent wants to come here to work, and by and large we’ve let them do so. You can argue how well that’s worked out for us - having worked with a great many extremely talented H1bs in an industry largely built by immigrants, I’d consider it pretty positive - but it damn sure hasn’t worked out well for the countries those talented folks came from.
jpadkins6 days ago
The top end of H1B has been great for America. In the last few decades, there has been growth of abuse of the program to get mid level talent at below market rates which really hurts the middle class in America. People need to understand that most reformists don't want to get rid of the truly exceptional immigration to the US. We need to limit the volume, especially the immigrants that are directly competing with a hollowed out middle class in the US. Let me know if you want further reading on this topic.
roughly6 days ago
The hollowing out of the middle class in the US isn't because of immigrants, it's because of a sustained campaign by capital to reduce the power of labor over the last 50-odd years and to concentrate wealth as best they can. Immigrant labor contributes to that because we've got inadequate labor protections and because we bought into the idea that lower consumer prices was a fine reason to ignore both labor and antitrust.
giantg25 days ago
"The hollowing out of the middle class in the US isn't because of immigrants, it's because of a sustained campaign by capital to reduce the power of labor over the last 50-odd years and to concentrate wealth as best they can."
Creating low cost alternatives and taking advance of lax laws is part of that. If you can import 100k skilled workers per year under a scheme that gives you more power over them. Then you also offshore 300k jobs per year to countries with weaker protections.
It's always baffled me how the same candidates that claim to be pro labor and pro environment are also pro globalization. The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
quasarsunnix5 days ago
Wholeheartedly agreed. I used to work very closely with economists in asset management. What looks like efficiency on a spreadsheet can look very different on the ground.
danny_codes4 days ago
> The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
A valid critique of how globalism was implemented in the US. However, this concern could be heavily ameliorated by policy. For example, making US companies using foreign labor adhere to the same labor standards they must adhere to domestically.
Perhaps a reason you’re baffled is because you are thinking only of domestic labor instead of global labor. Most Pro-labor people would, I imagine, consider the global labor pool in their analysis.
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anonbuddy5 days ago
it shocks me seeing how people are blind to the whole offshoring thing - I'm dev from 'third' world country (in Europe) and when joined my team had 9 people out of 13 from USA. In 4 years, we are down to ONE person, and this one is on H1B visa.
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scrubs5 days ago
I like your focus on middle class. That is if we're viewing h1b as an input we ought to eval based on what's good for the middle class.
I don't quite agree that much with causes: high housing, Healthcare & med bankruptcy, and high education costs (correlating with high housing) are bigger factors. However non tech/lawyer/doctors have been adversely effected by the fact they've seen no real income gains in 25 years overall.
Now, the top 5% and corps need to be made to pay more taxes... thats another subject.
A couple elderly people i know are quite concerned Trump will take their snap benefits, or decrease medicaid/care etc while the tax reductions were given on the bb bill. Thats not acceptable.
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Yeul5 days ago
Keeping the middle class distracted with racism is what the elite does very well.
geye12345 days ago
> It's always baffled me how the same candidates that claim to be pro labor and pro environment are also pro globalization. The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
Propaganda is very effective, and Americans are the most skillful propagandists in the world. Immigration is as pro-capital and anti-labor as you can get, yet somehow the left has been convinced to support it.
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MiguelX4134 days ago
The argument is hard to buy when the same people are weakening the power of unions.
sahila5 days ago
> It's always baffled me how the same candidates that claim to be pro labor and pro environment are also pro globalization. The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
Why's that? The jobs and lives of individuals in those countries are better than the alternatives present otherwise to them. Globalization may hurt certain America jobs but certainly countries like India is grateful for all of the engineering roles.
High consumerism is harmful to the environment but I don't think the link between offshoring jobs is direct to environmental harms and certainly it's helpful to giving more job opportunites.
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jltsiren5 days ago
Labor share of US GDP is usually around 60%, which is comparable to Europe.
If you divide the GDP by the number of employed people (including self-employed and entrepreneurs), you get a bit over $180k/person. The median full-time income is a bit over $60k. In other words, as a gross simplification, the mean worker earns 80% more than the median worker.
The comparable numbers for Germany are a ~€100k, ~€45k, and 35%. If something is hollowing out the American middle class, it might be the high earners rather than the capital.
mlrtime5 days ago
Your numbers don't sound that bad, and it's actually why people still come to America for opportunity. It's because the mean > median that makes America more desirable than Germany.
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tappaseater5 days ago
It’s important to clarify that H-1B is a non-immigrant visa — you don’t get to stay if you lose your job. That matters because the debate isn’t about immigration itself but about how the program functions. H-1B was meant to supplement shortages in highly skilled roles. Over time, though, it’s reshaped whole categories of employment. Anecdotally, I see very few young U.S. devs compared to many late-career ones finishing out their working lives. If we dare to use the term “national interest,” the real issue is whether a temporary labor program has morphed into something that permanently alters the market.
hshdhdhj44445 days ago
This is false.
H1B is explicitly a dual intent visa.
It’s a non immigrant visa but also a pathway to citizenship.
And this is not just an abstract thing. There are, for example, very specific tax implications of this.
The dual intent nature of the H1B visa means the U.S. government requires H1B holders to pay Social Security and Medicare, precisely because the dual intent nature implies that they will be able to utilize those entitlements in the future.
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charliea05 days ago
The largest contributor to the shrinking middle class has been more and more people are moving into the upper class.
The upper-income tier grew from 14% -> 21% as the middle-income tier shrank from 61% to 50%. To be perfectly fair, the lower-income tier class did also increase from 25% to 29%. The story is complicated.
kashunstva5 days ago
Notably, the report was published in 2015.
As you said, the story is complicated. Even in 2015, a decade ago:
> There is one other stark difference: only upper-income families realized notable gains in wealth from 1983 to 2013.
During the period of analysis then, either consumption among the lower two tiers eliminated their available savings ability, or the real purchasing power over this period declined, leading to the same effect.
ertian5 days ago
The hollowing out of the American middle class is because the huge, wealthy middle class was a post-war anomaly, from a time when the US had the only intact industrial plant in the world, and lack of communication technology and logistical sophistication meant production had to be localized and centralized. So, if you happened to be living in the right places in the US, you could have a house and a car and put a couple kids through college on an (artificially-inflated) factory worker's wage. At the same time, 80% of the population of the world was on the edge of starvation.
Now, thanks to better logistics and communications, companies can move jobs to where labor is cheaper. This has pulled billions of people out of poverty, dramatically reduced the price of goods, and generally improved global well-being--but that was at the cost of the 1% of the 1950s, which is to say the American working class. Now, if you work in a factory in the US, you only make a single-digit multiple of what a factory worker in Korea, Mexico, Germany or Italy makes (though you still have a double-digit advantage on much of the world).
It wasn't sustainable to have a tremendously wealthy middle class in a world that was mostly starving. No amount of trade barriers could maintain that: you're relying on a world market with very little competition, and the other 7 billion people aren't going to be content to sit on their hands.
What you want to do instead is to develop new, cutting-edge, high-paying industries, and thereby keep a competitive advantage on the rest of the world. Maybe you could, I dunno, develop top-notch schools to lure all the best and brightest people from around the world to your country, invite them in, encourage them to stay, and get them to innovate and create here rather than elsewhere. That might just result in whole new, massive, high-paying industries that pick up the slack left by your diminished industrial dominance.
Seems like a good idea to me! But hey, instead, you could always try slamming the door shut, chase out all the dirty foreigners, and just rely on your inherent and intrinsic American superiority to carry you forward. I'm sure that'll work just as well.
turbo_wombat5 days ago
One of the big changes in the post war era was that immigration was massively opened up in 1965. From 1924 to 1965 the US had very restrictive immigration laws, which led to labor shortages, which allowed unions to become strong, rising wages and the expansion of the middle class. Since 1965 we've had declining union participation.
This is simple supply and demand. If you restrict the labor supply, the value of labor increases.
The same thing was observed after the Black Death, which killed off 30 to 50% of Europe's population. There were labor shortages, which increased the bargaining power of labor, and increased wages.
It's really funny US companies suddenly start pretending they don't believe in supply and demand when it comes to labor.
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Flatterer35445 days ago
You really going to mention all that, which had some impact on the US middle class, but you're not going to mention anything about the US "wealth distribution" dynamics which has had its regulations and protections removed to the demise of the middle class?? Income tax roof being more than double before, corps being taxed more than double, the top earner vs bottom earner of any corporation much closer.. Less workarounds, no-one using the stupid "buy-borrow-die" strategy that is all too common now..
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harimau7775 days ago
The elephant in the room is how dismal more and more Americans quality of life is. Home ownership is out of reach. Living in the city at all is often out of reach. They have to work multiple jobs and those jobs often mistreat them.
I can see the argument that a large and super consumerist middle class might not be sustainable. However, for society to function, the alternative still needs to provide people with a decent quality of life.
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confidantlake5 days ago
This argument never made sense to me. Why would the rest of the world being poor cause a huge middle class in America? Why would the rest of the world recovering cause the US to suddenly get poorer.
Like post post ww2 say we produced 1 car for every American. Also we produced 1 house for every American. Every car and house was produced in America because Europe was bombed to shit. Now 20 years later, Europe has recovered a bit and can start producing cars and houses again. Why wouldn't the US still be able to produce 1 car for every adult? Oh sorry, Germany is no longer a pile of rubble, you and your spouse need to share a car now. Also your adult kids need to move back in with you, no house for them either.
This is obviously absurd. US would be even richer since they no longer had to spend massive amounts of money funding the war effort and then massive amounts of money rebuilding Europe. Hollowing out the US middle class was a choice, not some law of nature.
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jerojero5 days ago
It'll work well for the rest of the world.
Though in this position, maybe China gets greedy.
dinkumthinkum5 days ago
So, if I understand correctly, your view we should continue pretend the H1-B is something called a "genius visa" and the best bet for prosperity is not for current citizens to have well-paying jobs but to increasingly import people from other nations and pay them less?
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cm21875 days ago
If by hollowing you mean the reduction of the size of the middle class, it is because it has become richer, not poorer over time, so I don't think your take is right.
I've heard about the shrinking middle class in the US since around 1990. It somehow doesn't actually seem to be smaller now than it was 35 years ago. More and more ordinary from the bottom third of the population can afford things that used to be reserved for the upper third.
Are you sure it's really been/being hollowed out or are you just repeating something you've heard or read other people state so often that you think it's true?
harimau7775 days ago
That's not been my experience. Technology has advanced such that there are things that used to be expensive that are not any more. However, I don't see more people who are able to live middle class lifestyles. Things like owning their own homes, not having roommates, being able to leave demeaning jobs, only having to work one job, raising a family on a single income, etc.
This doesn't map exactly to "middle class" but it also seems like there's now a lot less ability for people to afford to work in "artist" type careers. It used to be that you could wait tables, get a low cost studio in the city, and work as an artist in the evenings/weekends. Now you have to work multiple jobs and probably still can't afford to live in the city and make art.
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somenameforme5 days ago
The thing you're ignoring though is that main way you reduce the power of labor is by increasing its supply.
For instance one of the key factors in society escaping feudalism and moving onto market based economies was the Black Death. It absolutely decimated society and the labor pool. This gave labor the power to demand more compensation than a share of what they produced. But in times before if they tried that then nobility could simply have said no, as there were plenty of peasants willing to work for little more than food. But when the labor supply was suddenly cut in half? Now they had all the power in the world.
Labor unions can't really combat market forces. I don't even think ethical or moral arguments work either. If somebody, in the country legally, is willing to do your job for less money, and is capable of doing so, then by what right do you have to insist that you should be the one doing your job and getting paid more? It doesn't really make much sense. If you want to increase the power of labor then, by far, the easiest way to reduce so is to reduce the supply of labor. And vice versa for weakening it.
StanislavPetrov5 days ago
>The hollowing out of the middle class in the US isn't because of immigrants, it's because of a sustained campaign by capital to reduce the power of labor
Importing cheap foreign labor to undercut unions and lower wages is one of the spokes of the wheel used by capital to reduce the power of labor (and always has been).
roughly5 days ago
It absolutely is, and for some goddamn reason everyone always gets mad at the immigrants instead of the bosses.
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rayiner5 days ago
> to reduce the power of labor over the last 50-odd years and to concentrate wealth as best they can.
What happened 50 years ago? Hart-Cellar was in 1965. The foreign-born population dipped below 5% in 1970. It’s 15% today. This had major political ramifications. Democrats were able to move to the right economically because they could substitute labor voters demanding structural reforms with recent immigrant voters who would be happy with relatively small handouts from the government, or even just visas for their extended family.
ljsprague5 days ago
Don't you see how immigrants "reduce the power of labor" though? Cesar Chavez opposed immigration.
mikert895 days ago
this is why people cant afford anything
camillomiller5 days ago
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remarkEon5 days ago
Thank you for illustrating a point that's hard to make, which is ... on this website everyone understands the math for supply and demand. Except when it comes to immigration. When it's about immigration, it's the evil capitalists. Again, thanks. We should all know by now that when the supply of labor increases, there is Zero affect on wages.
rileymat25 days ago
It is more complicated to model because the increased supply also increases demand for labor.
Immigrants need houses built, food on the table and many work very hard to pay for that.
That work, that sweat equity makes us all more wealth, a higher GDP.
Natives of the country that are well established in the country are in a better position to capture that wealth than the immigrants.
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closeparen5 days ago
Zuckerberg's compound didn't make the Bay Area housing crisis and Barron Trump isn't why NYU is expensive or hard to get into. Giving everyone involved $1 million from Larry Ellison's pocket wouldn't particularly change either.
That's not to say you shouldn't do it! But the problem is elsewhere.
ipaddr5 days ago
If you gave everyone the amount of money Larry Ellison has (we could just print it) then Larry's wealth would be equal to everyone and he or Zuck couldn't afford a compound.
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hshdhdhj44445 days ago
But Zuckerberg hoarding 100s of billions of dollars of wealth far less productively than say a family in poverty on food stamps would slows the velocity of money and also keeps that money out of the broader economy.
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mlrtime5 days ago
But it makes people feel good giving away other peoples money. And that feel good wins votes.
K0balt6 days ago
Idk what visa program was is under, but home depot used to bring in immigrants to run their stores (stockers , cashiers, etc ) under a program that meant that some contractor was putting 12 people in a 3 bedroom apartment and charging them big fees to come work for minimum wage. This was a while ago, but I was in the rental business and got to see it first hand and talk to the workers. It was extremely exploitative. 5 years ago they were still doing it my hometown, I haven’t checked since. It was mostly Eastern Europeans.
shagie5 days ago
The H-1B requires that the position requires a specialization.
The occupation requires:
Theoretical and practical application of a body of highly specialized knowledge; and
Attainment of a bachelor's or higher degree in a directly related* specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
The position must also meet one of the following criteria to qualify as a specialty occupation:
A U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, is normally the minimum entry requirement for the particular occupation;
A U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, is normally required to perform job duties in parallel positions among similar organizations in the employer’s industry in the United States;
The employer, or third party if the beneficiary will be staffed to that third party, normally requires a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent, to perform the job duties of the position; or
The specific duties of the offered position are so specialized, complex, or unique that the knowledge required to perform them is normally associated with the attainment of a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent.*
The positions that you're describing do not meet the criteria for the H-1B. If it was under the H-1B, then it should have been reported for fraud.
Chances are this was done as a seasonal H-2B non-agricultural worker (likely under a seasonal need)
To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
“Seasonal need” to work from June to December, then another “season” from January to June lol. They would be on a 6on,6 off rotation, staggered with their replacements. I do recall though that there was a huge local hiring spree a few years back, so maybe they got audited.
The problem (for them) is that pay scales (and cost of living) in that area are above average. A friend of my son got a job there about 8 years ago and it paid about 63k plus benefits, whereas the average home depot employee makes about 32k. No idea what it’s like post COVID.
And tell your manager explicitly and put it on the record that you reported it. Get fired in retaliation? Lawyer up.
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hshdhdhj44445 days ago
It was not H1.
It’s likely an H2 visa (assuming it’s not undocumented immigrants). Which is unaffected and unchanged, likely because Trump properties are heavy users and dependent on these visas.
rtpg5 days ago
Or you could stop tying H-1Bs to employers, meaning that there's less incentive to do the work to bring "mid level talent" in at below market rates, because those people would immediately find a job at market rates.
There's a straightforward solution here. Right now H-1Bs are a way for companies to lock in employees by leveraging the visa status.
tomp5 days ago
The problem with your solution (and similar solutions - e.g. implementing "salary auction" for H1B - i.e. it's not a lottery, but it's that the most paid get the visa) is:
It requires changing the law.
Which is very difficult, and requires a broad coalition in 2 houses of parliament.
On the other hand, executive orders are very easy.
I wish the better solutions get implemented, but until they are, we have to seek alternatives.
rtpg3 days ago
> Which is very difficult, and requires a broad coalition in 2 houses of parliament.
In the current moment the same party controls all three branches of government.
There's a more basic reality that the idea I'm mentioning simply wouldn't be popular. I just think that people talk about market forces in these discussions and the lock-in effect is so clearly something that's affecting the market, yet not mentioned nearly enough IMO.
jb19916 days ago
This is exactly correct. The H1B visa has not lived up to its original premise in quite some time. A very significant percentage of people who are now working on these visas are not offering anything beyond what is already available within the American workforce, except for lower compensation.
abletonlive6 days ago
I’ve never worked with an H1B software engineer from India that was anything but mediocre. I know they exist and my sample size isn’t huge but at least 3-4 of the H1Bs I’ve directly worked with in the past decade were completely unnecessary and could have been filled by a US citizen
gorbachev6 days ago
A very large majority of all software engineers are mediocore or at least not exceptional.
I've worked with some extraordinary H1B sw engineers. I would say the ratio of great to mediocore is about the same as for non-H1B sw engineers.
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whatever16 days ago
From the reuters table it seems that the biggest H1B beneficiaries are FAANG.
Do you suggest that they check the immigration status and offer to some people lower compensation because of their status?
xp845 days ago
Are you suggesting that those companies don't know they're hiring H-1B workers? It just sort of happens to them?
If they offer below-market (for American workers) salaries and get no sufficiently-qualified domestic candidates, as they're required to promise they do, it's no surprise to anyone that they're hiring a ton of H-1Bs. They want that because they want to pay less.
I don't blame them for doing what's fiscally advantageous for the shareholders up till now -- but I think I'll be glad to see this change implemented, if it is, because I know companies write on those forms "domestic talent not found" when they know the truth is "domestic talent not available at the wages we'd like to pay".
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conartist65 days ago
If you already have an immigration status that allows you to work in the US then you're free to advocate for your worth by engaging with the job market. If a company has to sponsor you for an H1B though you'll be locked to one employer, and that lack of options is what means they don't need to give you market rates.
But yes, as far as I know companies would usually offer an H1B applicant lower salary. They know the candidate will need visa sponsorship because the candidate has to say up front (usually in the first conversation) if they are authorized to work in the US. If the companies know they will have to undertake costly sponsorship, and as far as I know employment law leaves them quite free to offer a lower salary: foreign nationals are not a protected class so salary discrimination on the basis of who will need visa sponsorship is just to be expected in the current system...
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geodel5 days ago
It is useless statistics. In 2024 out of all H1B approved only 2% are for FAANG(~7K out of 400K). The whole debate is about remaining ~95% (adding another 3% for truly hi-tech work). Thats where H1B abuse happening.
Promoters of H1B keep talking about highly talented H1Bs while ignoring a mass hired at very low end of tech jobs.
smsm425 days ago
What do you mean "suggest"? Every single job application I've ever seen has a question about citizenship/status. And of course they'd know whether they need to file legal papers to employ you as H1B or not - it's not like it somehow happens in secret. They know who's visa worker and who's not.
jb19915 days ago
I can’t quite follow the logic of your question, it seems maybe you either don’t understand my comment or you don’t understand how this visa works.
mothballed5 days ago
No need to check immigration status. If they're non-white and have an accent it's already a tell you can lowball them. You'd probably skip over some white europeans with solid English, but lets be real, those people can fake being a US citizen easy enough with some trivially obtained paperwork.
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andirk5 days ago
I have worked with software people on H1B visas who's #1 goal was to hire more [specific nationality] and thin out the rest. Their work ethic was a top-down rule by fear, and their code was VERY bad. Made my life straight up worse. One example of abusing the H1B visa system.
I have also worked with amazing H1B visa people.
Just make sure they're actually talented.
ulfw5 days ago
Funny you're in so much fear of repercussions that you don't even dare to say which nationality and yet most people in tech know which one you meant
RealityVoid6 days ago
I am skeptical that _that_ is what's hollowing the middle class in America, it's equally easy to point to income inequality for this. But you have your story you believe, I'm resigned that the die are already cast.
It's kind of sad to see the accelerated downfall of your country.
jpadkins6 days ago
> it's equally easy to point to income inequality for this
Have you ever considered what causes income inequality? Maybe policy that favors globalist, ownership class over salaried workers? H1B in it's current form favors owners/managers over workers! We are saying the same thing. We have to analyze the causes of income inequality in order to solve it.
I am writing you from one of the two red Southern ones that is a glaring counterexample.
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jpadkins6 days ago
It's not the only reason, but it's one of the likely causes. Like most complex issues, it's multi-casual. You can't import 100k+ workers per year into a country and have no effect on wages! I understand the net economic impact is potentially positive, but I am speaking to the direct economic impact of the workers being displaced.
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giantg25 days ago
"it's equally easy to point to income inequality for this."
Of course - they're connected. Taking advantage of labor is a big part of income inequality, including the way H1B is used/abused.
vntok6 days ago
> But you have your story you believe, I'm resigned that the die are already cast.
But that is your story you believe, consider that the parent commenter has the exact same (mirrored) mindset.
A useful segue to avoid you or them "being resigned": given that you say you're "skeptical", what would be the minimal proof you'd consider valid for you to change your mind?
Any suggestion that the program is dragging wages down instead of dragging wages up is not just misleading but factually wrong.
dgs_sgd6 days ago
You seem to be suggesting that the H1B pulls wages up because the median pay is higher than the median overall pay in the country? That’s not a valid comparison, you’d have to compare the H1B’s salary to the median pay in their specialty.
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nerpderp826 days ago
It definitely suppresses TECH worker pay and decreases mobility. For the H1B they become indentured servants often working 60+ hrs a week.
H1B holders are paid less for the same job, keeping wages down.
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mancerayder5 days ago
Your second paragraph doesn't follow the first. 90-118K might feel like a lot to you, or to many, but it doesn't mean that those wages aren't dragged DOWN. If you live in SF, NYC, Seattle or other HCOL areas, 90-118K is definitely not HIGH. And software jobs pay WAY more than that. H1's definitely are paid BELOW the prevailing wage for the same job, in the same area. So compare apples to apples.
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kypro5 days ago
> Any suggestion that the program is dragging wages down instead of dragging wages up is not just misleading but factually wrong.
The stats you provide here don't support your claim.
H1B visa holders can be paid more on average while still having a downward effect on wages...
Imagine that some car model costs $200,000 to buy in the US. However, an entrepreneur realises they can can import the same car from a poorer country for just $100,000 then sell it in the US for less than the manufacturer themselves. The manufacturer finds out about this and says, "hey! you're selling my car for less", but the importer says, "no, actually, you'll find the median car in the US is $50,000 so I'm technically increasing car prices".
So what you're saying could be wrong in two ways... One you could be wrong in the sense that even if it does increase median wages, that doesn't mean it necessary increases the median wage of US citizens if now a significant percentage the best employment opportunities are going to H1B visa holders instead of citizens.
But secondly, and the point I was trying to make with the car analogy, is that you could be wrong about the average wages going up too if H1B visa holders are taking jobs which would pay even more were it not for HB1 visas. So if the average wage of a SWE in the US is say $150k, but the average H1B visa holder is being paid $120k, H1Bs are clearly not "dragging wages up".
And realistically it's far more likely H1B visa holders suppress wages given how relatively high US wages are.
I'll end this comment by saying that personally I think this idea that giving the best opportunities to immigrants is probably directly wrong for many reasons. Of course, allowing in businesses and individuals who will create jobs makes a lot of sense, but what you really want is the best opportunities going to your own citizens, then to bring in cheap labour to fill the crappy jobs citizens don't really want to do, but are now increasingly doing when they leave university like working in a bar or becoming a barista. If there's a great job a company can't fill with the domestic workforce perhaps they should train someone for that role or take a risk on a recent graduate like in the old days?
nothercastle6 days ago
You aren’t accounting for hours worked. Your H1B are probably putting in 30-50% more hours and with put up with any bullshit you dish out.
pants26 days ago
That tells us nothing without knowing the median pay of the jobs they're replacing.
foota6 days ago
What's the median pay of big tech workers? I started at 150k 8 years ago as a new grad, for comparison.
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kevin_thibedeau5 days ago
Guest workers have no long term stake in living in the US unless they win a green card. Six years and they're out. Given this state of affairs, they will be compliant and not demand increasing compensation when they don't have to plan for a future in the US. Get too uppity and you get the boot. The suppression is hidden within this dynamic and sinks the prevailing wage for all workers.
A better perspective is that the median H1B holder created $100k+ worth of value for some US company. Salaries are lower than the value you create, or else your employer would stop paying you.
There could be some rare edge case where you are undercut by a direct competitor, but overall America is much richer with H1Bs that without them.
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giantg26 days ago
We would have to look at that by industry. For example, if median developer pay is $130k, then both of your numbers are below that and would bring the median down. $118k for highly skilled workers (purpose of H1B) seems low to me. Additionally, the upper bound for the middle class in all 50 states is above $100k.
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diogenescynic5 days ago
I've seen other analysis showing the 80% of the wages are below the prevailing wage of the equivalent role. It's definitely about wage suppression and having an indentured servant.
kelnos6 days ago
Can you explain how those statistics support your conclusion? I don't see the link you're drawing between them.
I also am not convinced that those statistics alone can be used to draw such a conclusion; there's more to it than that.
dinkumthinkum5 days ago
Are you really not familiar with management and corporations? Firstly, stating those numbers does not prove your point but it is all belied by exactly the reason all of us that are aware of the realities know, which is that for the most part part H-1Bs are sought after because of them being cheaper. The implications from those like Gates, that the average person in the U.S. on an H-1B is a Turing or Wozniak or whatever is laughable, This is not to denigrate them but the so-called "genius visa" is a farce and the notion that there are not Americans that can do the jobs is also quite ridiculous. These things are heavily gamed and people from the countries that produce the majority of such applicants know that. I think you if you analyze it further, you may find it is all a lot more cynical than you might suspect. Why do you think H-1B visa holders in tech primarily come from a small set of countries that are not centers of tech innovation? Is it really that Europeans can't figure out bubble-sort?
colordrops6 days ago
That's WAY lower than typical tech salaries.
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riku_iki6 days ago
your link says that those numbers are after some time spent in US, and initial payment is 75k for 25p and 94k for 50p.
Also, those numbers are bumped up by bigtech who doesn't discriminate by visa, so pays in bodyshops are even lower and tech salaries are way higher than that in US.
spwa46 days ago
Haven't you heard how cheating that works? This is what was filled in on the H1B applications. The government doesn't check that, and so companies don't pay.
Second, Indians have to pay their bosses to get a job. Their real pay is at least $20k lower. And there's far worse as well.
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keeda5 days ago
Looking at it solely from a perspective of competition between labor glosses over the fact that insufficient labor is also bad for the economy because it keeps companies from growing and hiring more people.
So sure, while the fewer jobs that they can fill could have higher wages (not a given, because lack of labor can stunt or kill companies) there could be much fewer people employed overall, which is clearly bad overall.
Of course, that assumes there is enough room for companies to grow. There are strong indications (e.g. the various labor and unemployment surveys) that this is the case in the US. In fact, there is a credible theory that the reason the US managed the inflation crisis so well was due to the immigration crisis.
> People need to understand that most reformists don't want to get rid of the truly exceptional immigration to the US.
And how are “they” planning on determining who is “truly exceptional”? And what makes you think the “truly exceptional” ones are still going to have any interest in coming here when they see what happens to the people who the current regime deems “not exceptional”?
I sure as hell wouldn’t come to the US knowing I may be deported to a third world prison if I post the wrong thing online.
jwblock5 days ago
I don't think you need to define 'truly exceptional.' You just need to put in a limit and the scarcity will force the slots to go to the best and rarest talent. I'm all for bringing the truly best and brightest to the US. I'm not for replacing large swaths of the domestic labor force with an imported lower price equivalent.
carlosjobim5 days ago
> And how are “they” planning on determining who is “truly exceptional”?
For example by implementing a $100 000 fee for their H-1B visas, which ensures that companies will only use those visas to contract truly exceptional talent. That's a very small price to pay for a company to be able to hire a person who is among the greatest in the world in her field.
xp845 days ago
I don't think there's an H1B category for online political edgelords anyway -- we have enough of those already on both sides of the political spectrum, so I don't think anyone cares if that type of person is afraid to come here. If anything, maybe it's better to have less of that kind of thing so we can focus on getting things done instead of political partisanship?
Nasrudith5 days ago
Given this administration? Truly exceptional are the ones who pay personal bribes.
ratonbox5 days ago
For exceptional ability, you have the O-1 visas.
trollbridge5 days ago
Exceptional migrants can still qualify under O-1, which hasn’t really changed at all. Most tech startup founders can qualify for O-1, unless your startup is really pointless.
Can you please share your reading material that links H1B software engineers with decline in middle class jobs from this list?
ajross5 days ago
> In the last few decades, there has been growth of abuse of the program to get mid level talent at below market rates which really hurts the middle class in America.
That's a weird definition for "middle class", there are only 65k H1b visas issued every year. If you really are talking about the middle 60% or whatever of all workers, immigrants on H1b's are irrelevant noise. At most, these visas might be seen to impact specific professions (tech in particular, lots of doctors too) that most people don't consider representative of the "middle class".
dumbfounder5 days ago
Are we saying software engineers making $125-150k are middle class? If so, then yes this I absolutely believe this is true. These will still be high level people for the most part that will up our game in my opinion. Thats in the opinion column, hard to prove. But this fee may have a net negative impact on jobs for Americans as it will push more companies to simply outsource to these countries rather than pay more in the US. So you need to tax that too. And then they will find some way around that and we will need to tax that new thing. I don’t like this game, it is trying to stop progress in my opinion. But I guess it is a balancing act and who knows where you set the line. Adding friction to it will definitely make it so only higher quality talent migrates here, that much seems clear.
ProllyInfamous5 days ago
>$125-150k are middle class?
I would think healthily so, even if on the upper bands [0]. I personally see "middle class" solidly as $50k-150k household income (2 adults 1 kid)... but I live in the South. Two decades ago I lived in the bay area for less than $100k (electrician)... and that was regionally closer to the lower end of "middle class," even out in Hayward.
The hollowed out middle class is surely because of the class of jobs that have been growing the fastest, seeing the highest salaries and salary growths, and have been the best jobs in America for 2 decades.
It’s not because of the other jobs which the H1Bs aren’t even allowed to do abd have seen falling salaries and degrowth.
Calc136 days ago
Agreed, however the top end usually comes to US to do masters and then tries to get job using H1B. If this is where to be instated in this form, it almost precludes any fresh college graduates from getting a shot at this.
aianus6 days ago
$100k signing bonus and $150k salary was normal for fresh grads back in 2014, pretty sure big tech can afford this no problem for actual talent.
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EliRivers5 days ago
People need to understand that most reformists don't want to get rid of the truly exceptional immigration to the US.
What do the most influential reformists want? The ones who set the extreme agenda that everyone else follows? As I understand it, right now the US is routinely enacting policies that the majority of citizens do not want; from this, could we surmise that the majority of people, and presumably thus the majority of reformists, will receive the extreme H1B policies that they don't want?
valkmit5 days ago
How valid is this premise in an increasingly global world?
Most of the companies that are paying salaries could (and already do!) have offices in other jurisdictions where they could hire the same talent.
Better to bring this talent onshore, where the wages are taxed, than force these companies to hire from satellite offices?
It doesn't make much financial sense for companies to stop sourcing talent globally just because they can't be brought onshore, especially given enough time.
Purely anecdotal, but for me personally this wouldn't change who or how I hire, just the location.
tottenhm5 days ago
Same basic question -- at the price of $100k/ea, it does seem cheaper to build-out more satellite offices.
If multiple new policies are put in place at the same time, then... I dunno... it seems harder to predict...
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flenserboy5 days ago
corporate charters should be treated as the tools they are. such businesses do not exist without being tied to a particular set of laws in a particular jurisdiction.
Salgat5 days ago
I imagine for the "best of the best" making $500k+ annually, this is just the cost of business and they're not going anywhere, while for the h1b workers making closer to $100k annually, this is a show stopper.
rob745 days ago
I suspect that in the case of tech companies, the end result of this won't be more jobs going to Americans, it will be either remote workers in low wage countries or outsourcing to low wage countries. Which, in the long term, might lead to fewer tech jobs in the US overall.
Still, I can't help but feel a little bit of glee at all the tech companies who did their best to suck up to Trump, and now he stabs them in the back.
snowflakeandrey3 days ago
I thought the top end is supposed to be served via O1 -> EB-1A -> Citizenship pipeline?
thatfrenchguy6 days ago
> mid level talent at below market rates which really hurts the middle class in America
What is "mid level talent" though? you're not getting that data from H1B wage filings, they're factually under-reporting compensation.
glutee5 days ago
Agree with the abuse part. Question is - is this the right way to fix the problem? A half baked executive order that raises more questions than answers for the existing H1B visa holders.
quantumgarbage5 days ago
Sure, show us the numbers you got from your "further readings".
Plenty of peeps are being much more factual below, compared to the gvt linguo that you are just rehashing rn
beowulfey5 days ago
With that in mind, would you say the administration is going about this the right way? Because this is going to hurt all H1B candidates, not just the "middle".
charliea05 days ago
We should just set a number of H1Bs and auction them off.
regularjack5 days ago
Is there any data that supports these statements? Specifically that the program is abused and that it "hurts" the middle class.
azernik5 days ago
First it was "we're only against illegal immigration, we want people to do it the right way".
Now it's "we need to limit the volume" and "don't want to get rid of the truly exceptional immigration".
Forgive me if I am skeptical, especially in a world where ICE is rounding up classic "exceptional" immigrants like biology researchers, or South Korean experts setting up a factory.
hiddencost5 days ago
Honestly: a lie. One you chose because it appealed to you, and then constructed a narrative to support it. We could easily afford to have a middle class in this country if we distributed wealth differently, and more immigrants would help us do it.
joseangel_sc6 days ago
this comment is at best wrong, and at worst, purposely misleading
felineflock5 days ago
Please share the articles you have about the matter.
ambicapter5 days ago
I would like further reading on this topic.
ivell5 days ago
I think one unintended outcome of this would be that the jobs would be completely outsourced to outside of US. The ones remaining would be government contracts that have provisions against it. The government could add tariffs on services, but we need to see if that just moves the companies outside of US or not. Capitalism in a democracy is hard to control.
MrMan5 days ago
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asdff6 days ago
I don't think it follows that preventing that brain drain would have lead to appreciably better outcomes for those countries. The real sucking factor for the united states is the second to none availability of capital to spend on R & D. If you keep the brains where they were raised, there is no mechanism for them to actually turn their ideas into fruition because there is little funding to support this either in private or public sector. The reason why you hear about research talent going back to China is because they are offered PI positions and generous startup grants or something analogous in most cases, with the government there committed to invest billions in research. You can't really expect that in the global south. You can't even really expect that in Europe in a lot of cases.
derefr6 days ago
> If you keep the brains where they were raised, there is no mechanism for them to actually turn their ideas into fruition because there is little funding to support this either in private or public sector.
In such a world, why wouldn't you see 1. foreign R&D companies, 2. indexed into a thriving foreign equities market, 3. gathering the interest of domestic investors who want to diversify beyond domestic investments, by 4. moving their money and/or investing in domestic proxy investments?
I say this as a Canadian whose managed mutual-fund holdings are apparently largely composed of foreign (mostly American) proxy equities — and who has met many Canadian-based VCs who don't do much investment into Canadian companies. If not for talent immigration, the American investment landscape would probably look similar!
asdff5 days ago
The U.S. is where the money is. In canada between public and private sector about 30 billion dollars are spent on research and development. Across the entire EU, this figure is more like 440 billion dollars. In the U.S., the figure is 885 billion dollars.
If you're a US investor, investing in US R&D is easy, you have a good idea of how things work and how to get justice if you're defrauded.
If you want to invest in another country, that's a big change. There's certainly opportunity there, but without knowledge and contacts, it can be very hard to get things done.
One track to investing in foreign R&D is foreign nationals come and work in the US to earn skills, knowledge, and capital, and then they take those earnings and invest them in their country of origin, maybe living here or there.
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tshaddox5 days ago
> I don't think it follows that preventing that brain drain would have lead to appreciably better outcomes for those countries.
Well sure, it depends what the counterfactual is. If those countries just physically prevented the people from leaving, and nothing more, I wouldn't expect that countries' outcomes to improve. But what the countries suffering from brain drain presumably want is for there to be attractive opportunities for those skilled workers in their own country.
closeparen5 days ago
Gifted architects and builders are presumably born every year in Silicon Valley, but we are far too rich, developed, and democratic to want new buildings.
Other countries are free not to want the things that Silicon Valley talents generate. More for us!
kelvinjps5 days ago
But a country with the capital would do, who knows maybe China tries to import those "brains" into their country to compete with the US
fair_enough6 days ago
One man's rising gas prices are another man's oil industry boom.
The H1B process is unfair to engineers because it drives down their compensation in a way that doesn't affect nurses or welders. If immigration were completely irrespective of profession and based solely around whether the imported laborers get paid enough to contribute more than they receive in taxes/public services, nobody would have any standing to complain about their wages being driven down because every single person benefits in the long run from the economic growth.
As things stand, tech workers and unskilled laborers get screwed by the current status quo because they don't reap the benefit of cheaper goods and services in all the other industries, but everyone else benefits from cheaper electronics/software and landscaping/housekeeping/food service while their wages grow.
You're not wrong on paper, the current immigration practices are just screwy.
EDIT - The hard statistical proof that most of the H-1Bs are tech workers:
Precisely, I have been saying this for a while: engineers are smart enough to invent things but too stupid to gatekeep their profession. You have bootcampers, H1B workers, self-taught whatever, anyone can call themselves an engineer overnight. In 5 years you are now a "principal engineer!" I would even go further and distinguish between software and other disciplines of engineering. A web developer who is called a senior engineer is on paper equal to embedded engineers who spent at least 5 years in education plus god knows how long in experience to get the same title. This is wrong. I don't see a CPR trainee suddenly being able to call themselves a registered nurse!
fabian2k6 days ago
Software developer salaries are still extremely high in the US. So I would doubt that this has had a huge effect.
harimau7775 days ago
I'm not sure they actually are extremely high. It's just that most other salaries have fallen below what we'd normally consider middle class.
Stated another way, the things that software engineers can do with their wealth generally seem like normal middle class things. They can own a home but they can't afford a yacht. They can take nice vacations but they aren't part of the jet set. They can start businesses but generally not in capital intensive areas like resource extraction or heavy industry.
I'd say that software engineers, at least the higher paid ones, are probably on the higher side of middle class; but they are still solidly middle class.
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bcrosby955 days ago
The median is like 140k. Is that extremely high? I know some cops who make more.
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fair_enough5 days ago
I'm writing this reply not to the lazy commenter, but to anyone reading this thread...
Yet again, we have classic HN speculation masquerading as authority.
Should software developer salaries be comparable to accountants or to surgeons? That's an arbitrary value judgment.
Software engineers have less purchasing power than they would without the H-1B visa program, and that's indisputable. 64% of the visas go to IT workers and 52% go specifically to programmers, which implies beyond all shadow of a doubt that their salaries decrease further than the cost of the goods and services they pay for.
It's all there, black and white, clear as crystal. You get nothing. You lose. Good day, sir!
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Sleaker6 days ago
This also impacts non-software tech: see recent layoffs statistics at Intel, what percentage are H1B and why aren't companies required to re-prove H1B necessity?
Can we just over-hire and claim we need H1Bs because we can't find enough talent to fill the rolls, then submit that we over-hired and lay off all the US talent? This seems to be a bit of what happens even if not intentionally.
flyinglizard6 days ago
If you look at the background of founders in tech you’ll soon realize that without immigration this entire industry would be a shadow of what it currently is; it’s not about the amount of compensation, it’s about whether there’s a job at all.
fair_enough5 days ago
I'm writing this reply not to the lazy commenter, but to anyone reading this thread...
You're just passing off your own speculation as authoritative, and you didn't even read my comment to comprehension.
I didn't say we need less immigration in the tech sector. I said it hurts tech workers when there's a deflationary effect on their earnings but not the goods and services they pay for, and hence the same immigration practices should apply to every industry.
On paper, you would think this is the case, but in practice 64% of H1-B workers are in IT and 52% are programmers:
Again, it stands to reason that if the deflationary effect on tech workers' salaries is disproportionate to the deflationary effect on all the other goods and services they pay for, then tech workers are worse off from the H1-B program. I've seen claims less ironclad than this accepted as fact in peer-reviewed life sciences-related research.
Your comment is just another classic HN case of speculation masquerading as authority.
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davidw6 days ago
As always, so much zero-sum thinking in all these discussions.
Often, the person may not have been as productive, happy, or well compensated in their own country.
Also, over time, some of those people make money in the US and take that, their knowledge and skills and go back home to share there. Everyone is better off.
I was discussing this elsewhere, and dug up something I wrote 11 years ago, and I think I'm still pretty happy with it:
> Also, over time, some of those people make money in the US and take that, their knowledge and skills and go back home to share there. Everyone is better off.
How are Americans better off in this scenario?
Wilduck5 days ago
A few ways:
1. An American company benefited from their labor
2. American consumers benefited from the goods / services they contributed to providing
3. American citizens benefited from the services provided by the taxes they pay
4. Other American businesses benefited from their patronage
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kelnos6 days ago
They generated economic activity while they were in the US, no? That seems to be a net positive. You'd otherwise have to be able to argue that, if you replaced them with a US citizen during the time they were here, the greater economic activity would have been generated.
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aianus6 days ago
American companies are overwhelmingly owned and operated by Americans who can extract value from the H1B employees well in excess of their salaries (even with the new cap and fees)
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pastel87396 days ago
The more smart people we have working on the world's hardest problems, the more likely it is that we'll have breakthroughs that make the world better
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davidw5 days ago
Also: whatever you think of this issue, it's very much r/LeopardsAteMyFace in terms of some of the big tech companies cozying up to the administration.
baobabKoodaa5 days ago
Is it? When you consider that Trump can exempt the corpos that cozied up to him.
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RealityVoid5 days ago
I greatly enjoyed your article and it saddens me the rise of this "us vs them" mentality. But people that think like you still give me hope.
davidw5 days ago
Why thank you! That's kind of you to write.
I'm from the US, but lived in Europe for quite a while, and my kids have dual citizenship. I think that people moving to places where they are better off is a good thing.
kalkin5 days ago
The weirdest thing about the zero-sum rhetoric to me is: when one person is demanding to benefit at the expense of someone else, if I'm neither of them, why am I supposed to care?
Suppose I'm not an American--like plenty of HN commenters--or alternatively that (as in reality) I am an American but I have good reasons to think that the personal benefit I derive from the presence of immigrants is greater than the cost to me as an individual, even were I to concede more generic economic arguments about wage competition. Then... why am I supposed to prioritize the interests of American tech workers over foreign immigrants?
I don't in general endorse an "I got mine, screw you" approach, nor one that says "hey GDP is going up so screw the losers", but if someone else is taking exactly that attitude just with a nationalistic inflection, it's hard to extend them a lot of empathy.
non_aligned6 days ago
> A core strategic strength of the US over the last century has been that everyone with any talent wants to come here to work, and by and large we’ve let them do so.
That's largely a myth, though. The vast majority of smart, driven people have no path to lawfully immigrate to the US.
By a wide margin, the main immigration pathway are family visas (i.e., marriages and citizens bringing in relatives). H-1B visas are a comparatively small slice that's available via a lottery only to some professions and some backgrounds - and the process is basically gamed by low-wage consultancies, with a large proportion of the rest gobbled up by a handful of Big Tech employers. And that's before we even get to the fact that H-1B doesn't necessarily give you a path to permanent residency, depending on where you're from.
For most people who aren't techies, the options are really very limited, basically "be exceptionally wealthy", "be a celebrity", or "be one of the world's foremost experts on X".
Illniyar5 days ago
I mean there's somewhere between 10-20k o1 visas issued a year.
o1 is literally the visa for smart and talented people.
There is also EB with National Interest Waiver - including for profession like Doctors and such.
Not to mention a lot of employment based visa, if you work for a US employer - L1, EB1/2 directly etc...
There isn't a permanent resident visa for Driven people - but you can get entrepreneur visas if you run a profitable business.
non_aligned5 days ago
I'm not sure what you're saying here. Yes, if you're truly exceptional, you can get in the US. You can also get into any other country in the world. And the Trump administration doesn't seem to be interested in changing that.
But only a tiny sliver of what you would consider successful, skilled people can qualify for O-1. To my original point: if you're "merely" hard-working and good at something, you - as a general rule - have no lawful pathway to immigrate to the US.
Here's another way to look at it: let's say that in any country, roughly 10% of people fall into the category of "talented and hard-working" - not superstars, but the kind of people who would conceptually enrich the economy. Worldwide, that's probably what, 400 million adults? Further, let's say that about 10% would be interested in living in the US. And before all the EU folks sneer at that: that's probably a big underestimate, because a good chunk of the world is living in places with a much lower standard of living. So that's 40 million who probably want to come. And the total number of employment visas is ~100k/year. We aim for the global top <0.1%.
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kerpal6 days ago
This is so absolutely fundamental to US strategic advantage.
A huge reason we have so many unicorns is because doing business and scaling in the US is easier than EU or other places.
A huge part of why the Manhattan Project was successful was also because of substantial brain drain from Europe. I think Scott Galloway wrote about this or may have popularized it.
SV_BubbleTime5 days ago
If you're only talking about the exceptional sure. But when Microsoft fires x and applies for ~x H1Bs the same day... That doesn't seem like what you're talking about at all.
If an employee is exceptional and a skilled unicorn wrangler... 100K is nothing.
bialpio5 days ago
Not sure if it applies to H-1B but if a company does mass layoffs, it automatically makes it so that the PERM applications (required for green card, which you need to keep the employee past the visa validity period + extensions; up to 7 years iirc) will be automatically rejected for some time. So it screws over your existing H-1B holders, making your company way less attractive.
Source: I came to the US on H-1B in 2012. I may be misremembering which stage of the process the mass layoffs affect.
reverius425 days ago
Part of the problem is you don't know ahead of time (certainly not with 100% certainty) who's going to be an exceptional unicorn wrangler, and who's just going to be a pretty good engineer, unless they already have an incredible track record elsewhere. This will filter out a lot of possible future unicorn wranglers.
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kevin_thibedeau5 days ago
A significant number of them were fleeing persecution. General rule: don't be inhospitable to your smart people or they will find greener pastures.
christkv5 days ago
I hardly think world famous physicists are comparable to mediocre crud app programmers on a h1b.
herbst5 days ago
I've read brain drain in this thread multiple times. I might agree this happened back then, but I don't know what people mean by it right now. Where is the term coming from suddenly and why is it used to uncritical?
reverius425 days ago
"Where is the term coming from suddenly"
I don't think it's new, I've been hearing it my whole life
"and why is it used to uncritical?"
I ... can't figure out what this means.
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skylurk5 days ago
Nearly every country besides the USA has been experiencing "brain drain" to the USA since at least the end of WW2, and discussing it for just as long.
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vovavili6 days ago
Taking the well-being of abstract concepts like a country over the well-being of concrete individuals is a slippery road towards a particularly unappealing version of collectivism. Me emigrating from Eastern to Western Europe was among the best decisions I have made in my entire life, and I couldn't care less if the outcome of this is my country doing "worse". My country by itself doesn't feel nor think anything, but I certainly do. One of these thoughts is me not believing that I have a civic duty to be less well-off materially and mentally just so my taxes get re-routed to a country I accidentally happened to be born in. I vote with my feet.
LAC-Tech6 days ago
Sites like jobs.now show the H1B situation is incredibly corrupt. So many hard to find jobs where they ask applicants to physically mail in their resume, so that later on they can make it an H1B job.
I don't think being against exploitive mass migration - which by its definition is brain drain of other countries, which every bleeding hearter likes to ignore - is the same saying no one should ever immigrate ever.
jghn5 days ago
Don't worry. The actual text declares that DHS has the discretion to give exceptions to companies. [1] I'm sure this does not at all imply that what this policy really means is that companies who bend the knee won't see this extra charge.
The Manhattan Project engaged thousands of scientists, but over 16 notable principal scientists (with major published credits) were foreign-born and either retained their citizenship or became naturalized U.S. citizens only after escaping persecution or war in Europe.
As of 2025, about 10-12 CEOs of the top 50 Fortune 500 (F50) companies were born outside the United States, representing roughly 20-25% of F50 CEOs. This number has grown over the past two decades, reflecting increasing diversity among leadership at America's largest corporations.
Nearly half of all Fortune 500 companies in 2025—specifically 44%—were founded by immigrants or the children of immigrants, meaning the original founders were not born in the United States or were the first generation after immigration.
These are just three major examples.
l___l5 days ago
I don't know if that's easy. If this was flipped around, 100% of the top Fortune 500 would be born inside the United States if no immigrants were allowed in.
A better test may be comparing company performance worldwide instead of only in the F500. That's a different list, the Global 500.
mcmcmc6 days ago
> A core strategic strength of the US over the last century has been that everyone with any talent wants to come here to work, and by and large we’ve let them do so.
This is a double edged sword given that it means there’s less incentive to invest in US public education and fostering our own talent. Instead of brain drain we’re dealing with brain rot.
xp845 days ago
A hugely overlooked point. If FAANG etc want talented people, and couldn't hire H1Bs, they might have more of an incentive to try to influence education and to train people with aptitude but lacking learnable skills.
As of now, both the K12 system and college education seem in freefall in terms of quality and applicability to careers. No doubt those companies will devote their money to lobbying to keep hiring H1Bs instead of training the talent they need here, since they're just profit-optimizing functions, rather than humans with morals.
vjvjvjvjghv5 days ago
"extremely talented H1bs"
We would have to filter for these more. In reality the majority of H1B visa are issued to companies like Infosys or Tata who often have below average people.
kevin_thibedeau5 days ago
They really should just outlaw H-1Bs for body shops. There is no rational justification for it given the blatant abuse of the visa program they have long demonstrated. If a company needs work done, they should be forced to sponsor a guest worker directly.
travoc5 days ago
Who else is going to pretend to rewrite my ancient CRUD apps?
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rectang5 days ago
> You can argue how well that’s worked out for us
The elephant in the room is that many of these highly successful people who have brought great economic advantage to the US over the years happen to have brown skin.
As for why this policy is being adopted: sometimes an elephant is just an elephant. The huge price increase hurts brown people (mostly), and possibly curbs immigration. It will play well with a certain segment of Americans.
There are many subtleties to the H1-B visa debate, but I don’t think they are at play in this policy change.
ivell5 days ago
I think it could be most likely to apply pressure on the US-India FTA under discussion.
Context: 50% tariff has been applied to India. Chabahar port sanctions are reintroduced. And more to come in next few weeks.
JustExAWS5 days ago
I’ve worked with plenty of coworkers on H1B both on boring old enterprise companies and BigTech. Absolutely none of them were better (or worse) than American citizens.
On the other hand, those working for WITCH companies…
And trust me, I’m in no way “anti minority”. Not only are some of my best friends minorities - so are my parents…
Braxton19805 days ago
If you're not anti minority why are using anecdotal evidence to generalize large population groups?
scarface_745 days ago
You mean generalizing population groups by saying they are no better or worse than the general population?
WITCH companies are not hiring the best or the brightest. Their entire value play is contracting out mediocre developers at mediocre wages.
ferrouswheel5 days ago
Maybe talent in third world countries. I think it's mostly mid-tier people from first world countries.
People with actually talent and intelligence realise how messed up the USA is (and has been for some time) and prefer things like healthcare and gun control.
And if they really want the lack of work life balance and/or high paid roles, they can consult from US company like I do. Now I get the money, but I live in a decent country.
I don't think there is any amount of money you could offer me to move to the USA. Well ok, maybe when it gets to $10 million / year I would have to start considering it.
transcriptase5 days ago
Meanwhile the vast majority of people in real world don’t consume a steady diet of r/politics et al, has actually spent an appreciable amount of time in the U.S., and has come to a different (nearly opposite) conclusion. I wonder which is more correct.
verzali5 days ago
No, I spent multiple months working in the US and concluded I didn't want to live there long term. Not so much guns and healthcare as how screwed up the culture is and how little community there is. You guys are lonely and you really don't seem to get why.
rdtsc5 days ago
> but one thing worth noting here is that the primary problem that damn near every other country on earth has isn’t immigration, it’s brain drain.
It's great if you only root for the US, but taking more global perspective, let's have other countries improve their situation as well. There are almost 200 or so countries, I am ok with them improving their economy using their equivalent of H1-B programs.
This is a golden opportunity for others to step in an eat Americans' lunch so to speak, let's see if they capitalize on it.
varispeed5 days ago
In the UK it is mostly immigration policy. Thanks to something called Boriswave, corporations could import knowledge workers at close to minimum wage (so locals couldn't even compete for those jobs) and now it changed a little, but still it's fraction of what local worker would command for similar job. This has basically collapsed the IT market. Then you have more people competing for the same resources, meaning rents going up, you wait longer for a doctor's appointment and so on.
Just don't get me wrong - I don't blame immigrants. If I was in a poor country and had talent, I'd grab any opportunity to get more experience and get foot in the door so to speak.
It's corruption of the government.
Now, by the way I understand H-1B, $100k still seams cheap for essentially getting a slave.
trollbridge5 days ago
After adjusting for inflation, slaves from the 19th century prices would be worth somewhere from $30k-$150k in present day dollars, according to the best research.
Very chilling to think about.
behringer6 days ago
It hasn't worked out for Americans either. How many months does it take to get a job? Just ask around.
thepryz5 days ago
There’s another benefit to immigration that isn’t often discussed. Known as the immigrant paradox, children of immigrants routinely perform better academically than their peers, even despite other socioeconomic challenges. This suggests that immigrants not only benefit the country from the work they directly perform but their children also benefit the country by raising the bar for academic performance and arguably growing up into better educated if not better skilled workers themselves.
>> hasn’t worked out well for the countries those talented folks came from
Not so straight forward. Ambitious people leave underdeveloped countries because there are little opportunities. It's not like they are going to build same great product there as in California.
the_real_cher5 days ago
O-1 visas are for people with exceptional skill.
H1B visa is just a rank and file worker with a certain skill.
jp576 days ago
Isn't this what the O-1 visa is for?
notmyjob5 days ago
Where would we be without foreign brains like Musk, Theil, the Wright brothers, knuth, North Korean programmers and that guy that got hired by 40 different startups at once.
mgh25 days ago
Did anyone see the writing on the wall?
This is an obvious ban on foreign high skill labor: what employer will pay 100k upfront cost?
Admittedly my frame of reference here is now a decade ago when I was living in California. But we would routinely hire people on H1B, and it most definitely wasn't because we thought it was a cost saving. Between the >=$20K in legal fees, similar budget for relocation expenses to bring someone into the country, and having to pay them as a foreign contractor for anything up to 10 months while we wait for the applications to re-open for the year. And then pay them the same as any local talent we hand on the team.
Hiring local people was preferable in every way. But the market was hot and it was seemingly almost impossible to actually do that.
shiftleft4 days ago
I'm in the UK and can relate to this view strongly. As a software developer myself looking for hires there simply isn't the talent, especially in the North East of England so we have to cast our net further and accept applications from abroad.
8bitsrule5 days ago
>it damn sure hasn’t worked out well for the countries those talented folks came from.
It damn sure hasn't worked out well for a lot of talented, perpetually underemployed (many deep in perpetual debt) US kids. And I'm pretty sure that what those talented folks learn here in the US has made its way back to those countries, considering (e.g.) the level of competition we see from Asia these days.
czhu126 days ago
I misread this initially as the problem that damn near every other country has is also immigration. This seems to also be at least somewhat true for first world countries.
Looking at the politics in Europe and Asia today, the question of who is allowed in and why is a central point of debate that rages and threatens to tear apart much of the fabric that was built over generations.
cgio5 days ago
Being an immigrant, I think it’s net positive for everyone. I brought skills that, at the moment I immigrated, my home country could not leverage, even though it paid for my free education. I built on these skills and if my home country ever needs these skills, I would be excited to contribute.
melenaboija6 days ago
Absolutely.
I think some people underestimate the power of those willing to migrate to the US.
I’m in my early 40s and moved from Western Europe to the US 11 years ago, and I feel I was the last generation eager to come, the perception of US is changing fast. This is not an H-1B problem but still a parallel one on how to attract people.
dyauspitr6 days ago
Shutting down H1Bs is extremely stupid because >50% of our unicorn founders are first generation immigrants that started out on the H1B. They are the greatest creators of jobs in the entire economy. Shutting down the H1B is a dark horse for the end of American success.
trollbridge5 days ago
That depends on if unicorn founders are really “American success”.
Do we need more Facebooks and AirBNBs?
dyauspitr3 days ago
Yes? Do you want hundred of thousands of jobs?
alexose6 days ago
It's absolutely insane. At some point you have to wonder if this is deliberate sabotage.
dyauspitr5 days ago
It’s just populism with no long term planning. They’ve decimated the job market, people are hurting, have given folks someone to hate, it’s an easy win for them.
bdhe5 days ago
A lot of Trump's support comes from people wanting to and happy to blame immigrants (of all kinds) for legitimate grievances - such as unemployment, expensive healthcare, housing, and inflation. The distinction between legal and illegal immigration is blurred not only by Democrats but also the economic populists occupying Trump's base. This is aimed at them.
rramadass5 days ago
I believe it is. Every one of Trump's decisions has been populist, simple and guaranteed to harm the US in the long run.
Example of Poland and guys that Sam.A. Gave shout out.
Their talents would be simply wasted in Poland. There simply is not enough capital and academic resources are not going to best people but to ones gaming the system.
I bet a lot of talented people move to US because they would have to fight uphill battles in their home countries with lack of funding, nepotism, corruption, caste systems you name it.
So I don’t think it would make much difference for the countries if they don’t have society set in ways to benefit from those talents.
onetimeusename6 days ago
Ok that may be true but I would also argue there is such a thing as elite overproduction[1] via immigration. That is, we are basically importing a new elite for a fixed number of roles in society. Let's presume also that the children of highly talented immigrants are also highly talented. In some sense this kind of social engineering could be harmful to both nations involved.
love it or hate it, it hasn't worked out well for/in the minds of native-born us citizens either, a sentiment which I think this policy is going to tap into hard.
bonestamp25 days ago
That was my thought too, and then I wondered if the workers are $100k more expensive to bring here then maybe the jobs are just going to go to the same people, but in their home country.
nashadelic5 days ago
What other country do you know of that can, with a wave of a hand, import a million highest-quality, ambitious people from across the globe? These folks aren't clamoring to go to other countries; this is the US position, and it was built with lots of hard work. With these changes, let's see how much this hurts in the foot.
riazrizvi6 days ago
It’s not a strategic strength of the country as a whole to displace out of the economy the top talent, with a constant stream of new workers. This is just a local gaming by industry heads chasing end of year bonuses based on short term financials. We saw the offshoring of talent in manufacturing destroy domestic capacity. We are now seeing a similar phenomenon as there is pressure from many sides to offshore tech or migrate employment from citizens and permanent residents to temporary residents.
The employment environment in Silicon Valley has been extremely strange since 2022. I haven’t been able to find a job in my field since then, despite being at the top of my game. I’m practically bankrupt and currently making ends meet in a minimum wage job.
lo_zamoyski5 days ago
> but it damn sure hasn’t worked out well for the countries those talented folks came from.
The ethics of emigration is an interesting area that's under explored, especially in non-emergency scenarios. We have obligations to our own societies, for example, but how this affects emigration requires clarification.
cyanydeez5 days ago
Unfortunately, this is a good faith argument.
In reality, this will just be used to show fealty to trump and a fastlane visa will be opened to companies willing to join the fascists.
Again, good faith argument against something that isn't bewing done with a reasonably democratic outcome.
slimebot805 days ago
Lots of truth there. But it's certainly worked wonders for the top tier of Indian society, being able to farm out labour. Akshata Murty certainly has had a fair slice of the cake, for example.
shswkna5 days ago
Thats why this move is good news for the rest of the world. Our competitive advantage will increase, year after year, albeit from a low level compared to the US.
ljsprague6 days ago
Isn't Poland about to overtake Britain in per capita GDP?
bialpio5 days ago
No; UK has roughly double GDP per capita of Poland.
Do you not want your own citizens employed for imaginary geopolitical gains?
This mindset was always going to backfire and now you are just witnessing it.
mancerayder5 days ago
A lot of the H1B's in the software industry definitely match the description you stated - talented folks coming from places which (I'll add) have superior education systems. The problem isn't immigration, it's the undercutting of wages and the fact that these H1's (who we ALL work with) are trapped, working with fear and under pressure, due to the leverage the employer has.
H1B program == leverage over the H1B workers due to the employment tie-in to residence, leverage over other non-H1B workers as well, due to the wider talent pool at LOWER wages.
I don't know whether Trump is doing is good, but the H1B program helps Owners more than it helps Workers.
gustavoaca19975 days ago
Not quite. This type of visa helps folks like me live in livable countries with good enough salaries to help our family and elderly don't die in our home countries
franktankbank5 days ago
Intelligence and wisdom comes from the shores of experience. This idea that you can pull einsteins from the east is stupid.
kingstnap5 days ago
Are you really suggesting that people who are intelligent are purely that way because of their environment and experience?
Any amount of observing children will show that equal instruction will not net equal outcome.
jeffhwang5 days ago
Didn't Einstein himself literally come from east of the Atlantic Ocean? ;)
LAC-Tech5 days ago
In English west/east has two meanings; geographic, and cultural.
I'm in New Zealand, which is far east of Japan, but still a western country.
Hnrobert425 days ago
Well, it's positive for the companies and their investors. Is that the "us" it has worked out for?
belter5 days ago
> but it damn sure hasn’t worked out well for the countries those talented folks came from.
No, it has not. And not because the people were not capable. It is because most of those projects depend on having the right kind of ecosystem. Massive venture capital, stable institutions, cutting-edge infrastructure, tolerant regulation, network effects, and huge government spend especially in space, defense, and R&D.
Those elements are overwhelmingly concentrated in the U.S. and particularly in Silicon Valley.
Jan Koum didn’t build WhatsApp in Kyiv he built it in California. Ukraine in the 1990s barely had reliable phone lines, let alone the mobile networks, cloud infrastructure, and capital required to scale a global messaging service.
Sergey Brin didn’t found Google in Moscow. Russia had brilliant mathematicians,
but no open internet culture, no ad driven funding model, and no free flowing capital markets. No chance of a SpaceX out of South Africa or Canada. Those countries entire annual space budget wouldn’t even cover a single Falcon 9 launch.
These are not just anecdotes, but the proof that without
the combination of American capital, infrastructure,
and government spending, projects on this scale simply would not
have been possible. The brain power was there, but the ecosystem
that turns raw talent into global impact was not.
rayiner5 days ago
The U.S. had immigration restriction for almost half of the last century: https://history.state.gov/milestones/1921-1936/immigration-a.... During this period, the U.S. became the undisputed superpower. Silicon Valley was established during this period too.
Of course we continued to accept superstars even during immigration restriction, like German scientists fleeing the Nazis. We probably don’t need more than 10,000 or 20,000 carefully selected immigrants a year to continue doing that.
LightBug15 days ago
I'd wager: Not any more !
ashoeafoot5 days ago
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tredeske5 days ago
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frogperson5 days ago
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Animats5 days ago
The $100,000 fee isn't the real route to a visa. See the proclamation text: [1]
(c) The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.
"At the Secretary's discretion" means "get your bribes ready". Lobbyists are probably already working the phones on this.
This is the reality, combined with the fact that this was pretty much the status quo already. O-1 visas were also a commonly targeted with lawmaker bribes. This just codifies what was already happening and screws over the smaller companies that don't have the resources, networks, guanxi, etc to play the game.
telchior5 days ago
Every change this admin implements needs this examination first. Everyone is in here having earnest discussions about policy pros and cons, but it ain't that country anymore.
The companies the admin favors are being given backdoors for every policy that's presented, and the way to become favored is to present bribes, whether they come in the form of gold plaques, lawsuit settlements, crypto investments, or stock market collusion.
elAhmo5 days ago
Well said! This is not a policy, for a policy you need to think about it, analyse effects and stick to it.
We know how decisions are made in this admin, and how shortlived they can be.
Why would someone pay 100k knowing tomorrow this might disappear?
avs7335 days ago
Quite a while back the exponent podcast did an episode that has stuck with me for a long time about what they called “principal stacks” as an analogue to protocol stacks.
The idea that I left with was to look at the hierarchy of principles not just the set of or claimed principles.
At this point it seems as if the top of the principal stack for those in power isn’t even more power anymore, it’s just grift.
philistine5 days ago
That's the ultimate expression of capitalism isn't it? The richest are obviously the most competent to solve government (see Elon Musk) and whoever is in power must become richer by exercising their power. For money is the reason for everything, and the ultimate mark of prosperity. I mean, if the President is 3 billions richer since he retook office, that means everyone is more prosperous right?
Right?
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N2yhWNXQN3k95 days ago
> whether they come in the form of gold plaques, lawsuit settlements, crypto investments, or stock market collusion.
You forgot monopolization, power consolidation, etc
Animats5 days ago
Top 6 H-1B visa companies:
Amazon 14,365
Tata 5,505 (Tata is an outsourcing company/body shop)
Microsoft 5,189
Meta 5,123
Apple 4,202
Google 4,181
Watch for activity favoring Trump from those companies.
elktown5 days ago
This thread is a poignant example of why I think tech folks might be one of the most gullible crowds out there - despite being perceived as smart. It's like a perfect storm of attributes and incentives. So here we are, completely preoccupied with picking apart details and effects of visa programs for a blatantly obvious kiss-the-ring initiative that couldn't care less about that.
redserk4 days ago
The old “book smart vs street smart” rings loudly.
I completely disagree with much of what the Trump Administration is pushing, but they seemed to execute on the “street smarts” while policy wonks and others who want to analyze are preoccupied discussing policy.
Frankly it’s embarrassing how gullible and easily tricked much of the intellectual class is.
nashashmi4 days ago
Why is DHS getting involved? It should be the sec of state. They issue visas. Or have things changed?
nextworddev5 days ago
So you are saying this is bullish for QQQ
justanotherjoe5 days ago
Judging from reason events, this is just another scourge he can (and will) use against democratic cities or entities
mrtksn5 days ago
I see, they're just redirecting the firehose.
yalogin5 days ago
Actually it’s much more sinister. It’s another way to force companies to kiss the ring. The government apparently can grant exceptions if they deem it’s in the good of the country.
> The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.
r_singh5 days ago
This is after increasing the repatriation tax that H1-B workers pay on the sum they’re sending home for Indians only in the One Big Beautiful bill so it’d be effectively taxing both ways
Isn't that tax deductible from income tax? So for a typical H1-B it doesn't really matter (unless they remit more than their taxable income).
forgotoldacc5 days ago
I very much expect companies to make 10 million dollar "campaign donations" to avoid the visa processing fees. Impossible for small companies to afford, but if you have 1000+ H1Bs in your company, it's a bargain.
mkoubaa5 days ago
This is very reassuring for those in the right industries. For non-strategic things like b2b SaaS, it's very likely to be a full purge
VirusNewbie5 days ago
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digitalPhonix5 days ago
> this section shall not apply to any individual alien,
> [or] all aliens working for a company,
> or all aliens working in an industry
I think it very explicitly allows that case
frogblast6 days ago
IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
I think a very high application fee is actually part of a good solution, but is useless by itself.
A flawed proposal:
* Dispense with the 'need to search for a qualified American' which just complicates the process without achieving the stated goal, and includes a ton of legal and bureaucratic expense and time.
* A large application fee paid from the company to the federal government.
* The worker's relocation expenses must also be covered by the company.
* The worker gets a 10 year work authorization on the day of their arrival.
* The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
The latter bullet is the key one. That's the one that uses market forces to truly enforces this person is being paid above market wages, and is being treated well, at their sponsoring employer. (which in turn means they don't undercut existing labor in the market).
It also means that employers don't really look abroad unless there really is a shortage of existing labor. But when there is a true shortage and you're willing to spend, the door is open to act quickly.
The obvious defect is that it creates an incentive for the employee to pay the federal fee themselves (hidden) plus more for the privilege of getting sponsored, and the company basically being a front for this process. Effectively buying a work authorization for themselves. I'm not sure how to overcome that. Then again, the current system could also suffer that defect (I don't know how common it is).
leakycap6 days ago
No company would ever sponsor someone if the last bullet is part of the deal. You're just killing the visa program another way with that wishlist item alone.
topkai226 days ago
If they are using the program as intended they would. They are supposed to be looking for skills that are impossible to find in the US. If they are offering a good deal to the employee then the employee should stay, just like someone with full work authorization would.
If they are just using the program to pay less than they otherwise would for labor that does exist in the us, well, then we have another issue.
I would modify the proposal to include a larger annual fee rather than an application fee, so that the initially sponsoring company isn’t solely bearing the cost. There should also be a floor pay rate for the visa holder, something the 75th or 80th percentile of both the company and of income in the MSA the visa holder is located in.
renewiltord5 days ago
All you're doing is having a gold card program but where the immigrant pays the applying company rather than the government. Seems pointless.
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nbngeorcjhe6 days ago
Stopping companies from hiring quasi-indentured servants is a good thing
leakycap5 days ago
As you'll see from my other comments about H1-B visas, I agree. However, it doesn't change the fact that the person's suggestion would just be another way to kill the program, not a way to fix it.
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jltsiren6 days ago
That's pretty common in Europe. Temporary work permits can be valid either for a specific job or a specific industry. In the latter case, as long as you can find a job that meets the requirements in a reasonable time, you can quit and stay in the country.
But those work permits mostly concern the individual and the government. The employer is not as much sponsoring them as providing evidence.
johanyc5 days ago
> as long as you can find a job that meets the requirements in a reasonable time
how long is that reasonable time in europe? For H1b it's only 60 days
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alde6 days ago
Really?
Most if not all EU work permits, especially highly-qualified ones are tied to an employer for at least the first 2+ years. If you get fired you have up to 3 months to find another employer who is willing to take over your residence permit.
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materielle5 days ago
Wait, so if we give the foreign workers the same at will employment rights as Americans, then they are no longer interested?
I thought they needed these foreign workers because no American could do the job?
khazhoux5 days ago
No, what they wouldn't be interested in is paying $100,000 to help someone enter the country, with no compensation if they ditch you on day one.
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Retric6 days ago
Not for an interchange cog. However you can keep someone with a golden handcuffs deal at above market rates if there’s some reason to bring that specific person.
hamstergene5 days ago
Locals have always been allowed to quit the new job on day 1, and it has never been a crisis for employers.
A company that is confident it is offering worthy salary and career should have no extra reason to worry a foreign worker will quit during first week, than that a local worker would do the same thing.
The only difference a fee would make under such conditions is that locals become cheaper to hire, which is the point.
zdragnar5 days ago
Part of the proposal is that the employer pays the government a large fee to sponsor the visa. They're not doing that for local workers; it's an entirely incomparable situation.
mcny6 days ago
If you just want someone and not this particular applicant, yes but if you want a particular person to work for you, you will sponsor them regardless of this bullet point.
DrewADesign6 days ago
I totally support bringing in actual specialists, or fantastically talented people from abroad… but it’s painfully obvious how infrequently that happens. I worked with an H1B doing L2 support in the mid aughts. The position required significant knowledge of networking, but nothing close to even a mid-career enterprise network administrator, and it wasn’t a rare skillset for the area. We had plenty of very local candidates when we hired people before, but suddenly, new management decided it was an incredibly specialized, difficult-to-fill, rare job that paid locals an eye-watering 70k/year to start but paid an H1Bs far less than that I assume.
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nrmitchi5 days ago
This is not true at all. Employers will still sponsor talent that they need.
If you are sponsoring an employee for a visa and "it's a great thing they can't quit, it's the main thing that's keeping them here!", then you are abusing the system and should be excluded anyways.
eastbound6 days ago
I thought there was no-one else on the market? If you think it will kill the visa program, that means you thought hiring underpaid developers was the goal of the visa program. No-one would change companies if if get paid decently: You leave a bad boss, but you can stay with a with a 10-15% lower-than-market salary just because of the friction of changing (Cue the downvotes: “I’m changing for a cent more” - yes you do when you have energy but most employees absolutely don’t). And employees will stay because they need time to settle in the new country and the welcoming company is generally equipped to make integration easier for newcomers.
pythonic_hell5 days ago
Almost all European visa programs have the last bullet point with the stipulation that they have 90 days to find another visa sponsorship job if they leave their sponsor.
BeFlatXIII5 days ago
Then kill it.
behringer6 days ago
Perfect. More Americans get jobs.
mlyle6 days ago
You never get someone to pay a large application fee without some kind of reasonable prospect of getting an exclusive right.
Else, if company A pays a $100k fee, company B has an incentive to give the worker $90,000 more to jump ship. And this devolves to no one paying the $100k fee.
Retric6 days ago
Only if employees are actually interchangeable at the rate you’re paying. You might bring someone from oversees who knows your internal systems and is therefore worth far above market rates to your company relative to any other US company.
gambiting6 days ago
Then it's not H1B visa anymore - internal employee transfers use different mechanisms.
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CobrastanJorji6 days ago
What if we make the fee per-year? "It costs $10,000 to sponsor a new H1B immigrant's entry, and then it costs $5,000 per year per H-1B employee you have." H1-B holder is free to leave, and the cost of that happening to their employer is fairly low. Then let's say after 5 years of H1B employment, you automatically become eligible for citizenship, since you're clearly a valued worker.
ModernMech5 days ago
That's what they're doing, it's going to be $100k per year to sponsor, up to 6 years.
bobthepanda6 days ago
The other thing I've heard is to sort the priority of who gets H1B by projected salary which would go a long way to eliminate anyone trying to get people to train their lower paid replacements.
kevin_thibedeau5 days ago
Forcing citizens to train their foreign replacements is a violation of the terms of the program and illegal. Disney did that and, while not being held accountable, they were forced to reverse their criminal decision.
grepfru_it5 days ago
I was a person training Disney’s replacements. In reality a major tech company hired a small consulting company and had them (me) train Indian replacements on the software. It appeared as regular training that we did in foreign countries and nothing was amiss. Until the news broke. So maybe Disney had a plan for replacement all along, the training wasn’t necessarily done by Disney employees and the contractors surely did not know either
bogdan6 days ago
* The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
You almost had me there.
kelseyfrog6 days ago
The alternative is tying employment to freedom of mobility.
We can do better than bonding people by immigration status. This might be controversial, but I don't think should be bonding people at all.
bogdan6 days ago
You're taking a all or nothing stance. There must be a middle-ground where employers don't risk getting "scammed".
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gorbachev6 days ago
> IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
This is not true. Transferring your H1-B to another employer is entirely possible, the new employer will have to file the application as usual, but the application is not subject to the annual H1-B quotas.
At least this was the way it was several years ago. I doubt the process has changed since.
jonny_eh6 days ago
Would they now have to also pay the $1k fee for a "transfer"? AFAIK, it's considered a new application, but as you stated, its excluded from the quota/lottery.
gorbachev6 days ago
The fees apply to every application.
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pcl6 days ago
> The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
I'm not familiar with current H1B law, but what prevents this from happening today? I've hired away an H1B holder in the past; the process wasn't particularly difficult.
My understanding at the time was that the tricky thing for H1B holders is that they can only have a 60-day gap of unemployment before they need to leave the country (or find a different visa resolution, I guess).
Now, if this new fee applies to H1B transfers as well as the initial application, well, that'll actually make it harder for H1B holders to change jobs.
abfan11276 days ago
who in their right mind would shell out 100k + relocation and not require some level of commitment?
atomicnumber36 days ago
People who are going to pay them enough money that they stay specifically because of the money?
The whole reason most people stay at jobs? (Theoretically)
That's the whole point. It distorts market forces when companies are allowed to just trap people.
Salgat5 days ago
A company paying half a million annually to ensure this employee is retained. It's not meant for joe sixpack making $100k/yr as an underpaid consultant.
nothercastle6 days ago
If the talent is that good and you are paying above market you would. Not much different than a signing bonus
sgerenser5 days ago
Signing bonuses almost universally have a 1-year clawback (or are otherwise only doled out periodically and not all up front), so not a good analogy here.
kevin_thibedeau5 days ago
They had no problem offering 7-figure salaries to PhDs with research experience in AI a few years ago. Those are the exceptional workers the program was supposed to be bringing in the first place, not dime-a-dozen JS vibe coders.
ericmcer6 days ago
The last one is tricky because who is going to sponsor a worker at the price tag of 100k with no guarantee of performance. That is rife for abuse. You could get google to sponsor you and then hop to your friends startup on day one.
It is reasonable that if you get a temporary visa to perform work in another country, and you decide you don't want to do that work anymore, you leave. They aren't enslaved or anything if the work is not worth it you can attempt to transfer your status to another employer or leave.
alexandre_m5 days ago
It seems the best way is to sponsor a seat and not a particular individual. That way you can rotate persons for the same paid h1-b seat.
ohyoutravel5 days ago
Thank you! I am so, so sick of not a single person in this thread (except you <3) looking out for Google’s shareholder value.
phendrenad26 days ago
It seems like there are two conflicting forces here. We want to ensure that we accept mostly high-skilled immigrants, so we can't do a pure lottery. But anything less than a pure lottery and immigrants are forced to "perform" or be kicked from the country, they will end up "both paid lower and unable to escape abuse" as you say. I don't know that it's possible to solve this satisfactorily.
czl5 days ago
Why is a lottery necessary? There is a quota so why not fill it with those being paid the highest compensation? What's wrong with a market solution? It would bring in those who are most in demand. What better way to measure demand than prices?
phendrenad23 days ago
I mean, yeah, I was assuming that we have immigration at all.
A lottery allows a natural influx of people, who are free to find their way into whatever jobs are needed. It's another form of market solution, but more of a push model than a pull model. But it also, logically, reduces wages across the board (to some degree).
A pull-based model, where companies compete to bid for visa slots, lowers wages in high-end roles, because visa holders are beholden to their sponsor company, and uprooting and moving back to your home country is not something to be taken lightly.
arwhatever5 days ago
Index the H1B quantities issued to the unemployment rate per job specialty + geographic region?
gchamonlive5 days ago
> IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
> I think a very high application fee is actually part of a good solution, but is useless by itself.
This is always going to be bad if you compare to what any functioning democracy should be doing in this situation which to revert the deterioration of wages and punish/reeducate abusers. I admit it's idealistic, but if you could suspend the need for political realism here a moment there is a chance you could see this is only logical.
Aurornis5 days ago
> * The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
This would be workable if it also results in the person losing their visa. There must be some downside for the employee, otherwise it's an invitation for abuse.
If the worker gets to keep their visa then it's just a backdoor way to get a company to pay for their visa and relocation so they can immediately quit and then go do some other job they actually want (at no expense to the next employer).
digianarchist5 days ago
The final scenario you describe already happens with immigrant visas. Once you have your Green Card you are free to quit the sponsoring employer and work for whoever you want.
danielfoster6 days ago
The last bullet is a good idea but wouldn’t work in practice. Otherwise a company could hire someone else’s H1B worker for $10k more per year and avoid the $100k fee.
l___l5 days ago
Maybe a company that hires someone else's H1B worker for $10k more per year in the first year has to pay the $100k fee and the first company gets their fee back.
truncate5 days ago
>> IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
This is not true. Typically you want to stay until i140 which for me took 1 year or so back in 2020. If I want to switch there are multiple other reasons I'd end up delaying the switch anyway (wait for vest, bonus etc ...)
singron6 days ago
Instead of a $100k lump sum by the first employer, what about $10k each year by the current employer? Or even $2.5k each quarter? That way there is no particular incentive to poach a "paid-off" H1B employee, and the company doesn't have to worry about making a $100k investment up front.
wnc31416 days ago
But then you can't make a placement firm selling access to the US job market.
never_inline5 days ago
> It also means that employers don't really look abroad unless there really is a shortage of existing labor. But when there is a true shortage and you're willing to spend, the door is open to act quickly.
You underestimate the ability of INFY/TCS etc.. to game these laws.
apwell236 days ago
> * Dispense with the 'need to search for a qualified American' which just complicates the process without achieving the stated goal, and includes a ton of legal and bureaucratic expense and time.
Most H1B go through perm process that does this already.
RealityVoid6 days ago
You care about that, and you say that's the problem with H1B but I think that, really, a lot of tech workers in the US, and even a lot of the HN crowd _really_ care about protectionism. They want to suppress competition for their jobs, they want to keep their salaries high. I think this is myopic, but... What the heck, your country is speed running some interesting trajectory, this measure is the not even the biggest one on the radical measures pile.
mancerayder5 days ago
What's myopic about keeping your salary high? Most people work for themselves an their families, not how their countries will appear economically in three decades? The situation of wage suppression helps investors and the owning class more than anything.
RealityVoid5 days ago
If you see near, but you don't see far, that's myopic. Even you agree with this in your post. Therefore, I don't see where the confusion comes from.
You can argue you only care about the now and, sure, if that's all you care about, who am I to say your priorities are wrong?
I do think that you're wrong though, I think it doesn't make you better off neither now nor in the following years. But, again, who the heck am I to tell you how to run your country. I guess we'll see how this plays out.
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basejumping6 days ago
They should set a very high salary as a criteria for hiring someone from abroad. You want exceptional people, not regular people that you pay less than the ones you find in your own country.
kelvinjps5 days ago
Your proposal is the same as shutting down the program, no company will take this? Like what's the benefit?
delusional5 days ago
Isn't getting specialized workers (who you supposedly can't hire from the national talent pool) incentive enough? My understanding of the H1B system is that it was supposed to be a "last resort, exit hatch" sort of a programme.
duped6 days ago
I mean I'll admit I'm a bit of a radical on this issue, but I think the most sensible work authorization policy is "you're welcome if you're not a criminal, terrorist, or public health risk, and on that last point here's some penicillin and a flu/covid shot, let us know when you're feeling better"
My ancestors came here ~140 years ago when the only "visa" process was a look in the mouth at Ellis Island. I don't see any fundamental reason why we need to have stricter regulations than that, and I reject dragging the Overton window further right on immigration.
stackedinserter5 days ago
In 3 months after implementing this policy there will be ports of entry full of people who paid any money to get to the US and that ready to share beds and work for $4/hour. Salaries will plummet, rent will skyrocket, crime will go up, quality of life will drop. Your neighbors will have to move out and new tenants will be 20+ people who don't speak your language and share none of your values.
Funny thing is those who opened the gate will be protected from consequences of their own policies in their gated communities.
That's what we see here in Canada after reckless immigration policies implemented by past government.
duped5 days ago
I wish I lived someplace where we could take the huddled masses yearning to breathe free instead of a place where they're literally rounding up my neighbors for the crime of wanting a better life.
For what it's worth I know multiple people who have been turned away from Canada because their immigration laws are even stricter than ours. So I don't know how much you can attribute your lack of housing to immigration.
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lurk24 days ago
> My ancestors came here ~140 years ago when the only "visa" process was a look in the mouth at Ellis Island
This is revisionist history. 140 years ago the Chinese Exclusion Act had already been in place for 3 years, and the Foran Act had just been passed. The high clearance rate of immigrants at Ellis Island had far more to do with preliminary screenings being conducted by transport companies, who were liable for the cost of deportation plus a fine.
Chinjut5 days ago
Hear, hear.
jpadkins6 days ago
hard disagree on the 'search for qualified citizen' or something to replace it. American policy needs to put Americans first.
Your other points are a good start. The main thing I would add is a floor on salary. H1B for a >$200k job makes some sense, it shows it's essential, the employer really wants to fill it and is having a hard time finding a US citizen. H1B for average or below average salaries is where the real abuse is. It's basically a form of indentured servitude.
Loughla6 days ago
The search for a qualified citizen is a sham process. Why shouldn't it be eliminated?
Make the incentives align with the priority, is what OP was getting at.
I'm with OP. Make it crazy expensive and let the employee quit if they want. Employers will immediately build the 'search for qualified citizens' into the process themselves.
jpadkins6 days ago
I agree the current process is broken. I disagree that you don't replace it with something workable. Like many govt regulations, it's several decades out of date.
Heck, a simple "I submit under the penalty of perjury that at least 10 US permanent residents have had good faith interviews for this position." type submission would be sufficient for me. HR people aren't going to want to commit a felony for their company, so the scams are going to go way down.
frogblast6 days ago
I agree with the protectionism aspect, to a degree. I also believe the current system does not achieve that in any way.
guyzero6 days ago
Everyone in these threads always points out all sorts of issues with the H1B system, which are mostly true, but it's not like there's a suggestion for a replacement here. This is a de facto shutdown of the program, not a reform. I'd be happy to see a reformed skilled immigration program for the US, but this isn't it.
The US makes up about 4.5% of the global population and it seems silly to think that the FAANG companies and the new AI startups chasing behind them are going to restrict their hiring to this tiny slice of the global talent pool.
The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India, Europe and Canada, which is a net loss for the US.
I myself became a US citizen two years ago after being on a H1B. I was paid the same as all my peers and for all its shortcomings the program worked for me. It stunning to think this has been closed off, killing the main path for skilled immigration into the US.
llm_nerd5 days ago
> This is a de facto shutdown of the program
Is it?
Some AI recruitments have seen 9-figure contracts. $100K is actually a surprisingly well-considered number and would still see the intake of legitimate talents, obviously contingent on the specific details. Indeed, those people wouldn't have to compete with masses of consultant trash and the whole lottery system could be done away with.
$100K actually seems perfectly coherent with forcing the program to winnow down to actual talents. People truly good enough to get the employer to pony up $100K to pull them in -- presuming there isn't some kickback fraud happening -- will truly be the best of the best.
> The only effect this is going to have is accelerating the offshoring of jobs through more hiring in
Paradoxically the #1 reason H1B employers bring in H1Bs is to bridge offshoring work. Pull in a dozen Indians and they're your bridge to the big Indian office, which is precisely why Infosys, Tata et al are such H1B users.
guyzero5 days ago
> Some AI recruitments have seen 9-figure contracts.
These are crazy outliers who would go through a different visa path anyway. US tech companies still need mid-level workers making low-to-mid six figures. Weirdly O1 visa holder spouses will get an O3 which doesn't allow them to work, making it worse than the H1B/H4 visa for some set of people. (H4s allow spouses to work)
qwm3 days ago
They're crazy outliers, and that's fine. The point of H1B is hiring talent outside of the United States, not hiring normal webdevs or commodity software engineers. A fee like that, where a large salary for an exceptional job would make the cost relatively small, brings the program back to its original goal.
If you just need a normal worker, there are plenty of CS grads and unemployed SWEs you can hire in the US right now. If you need a specialized foreign worker because he or she is not available in the US, then chances are you are going to pay a premium anyway; that's the point.
sniggler5 days ago
>US tech companies still need mid-level workers making low-to-mid six figures
Yes, and there are plenty of US citizens to fill these roles.
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llm_nerd5 days ago
> These are crazy outliers
They are. And in the truly talented spaces there are many at all of the ranges in between.
> US tech companies still need mid-level workers making low-to-mid six figures
$100k for three to six years seems entirely reasonable if it's really such a critical need.
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mrheosuper5 days ago
> People truly good enough to get the employer to pony up $100K to pull them in -- presuming there isn't some kickback fraud happening -- will truly be the best of the best.
And what stops those people, best of the best, working somewhere else, with much better living standard(EU) ?
In the past, it's because of salary, but now, the 100k/year will either make company to lower their package, or try to extract much more from the employee.
PeterHolzwarth5 days ago
$100,000 per year.
llm_nerd5 days ago
It is very in the air on what the details are, as is often the case with this administration.
ponector5 days ago
There is a separate talent visa, why should they use H1B and pay extra 100k instead of using it?
geye12345 days ago
> The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India, Europe and Canada, which is a net loss for the US.
Offshoring can, and ought to be, heavily tariffed.
ponector5 days ago
Do you know what tariff is? How is it applicable to hiring people in offshore offices?
sinuhe695 days ago
The tariffs are illegal and void. Even if it's implemented, how do you rise tariffs on intangible works? For the planned tariff, US consumers are the ones to bear the brunt of the costs.
geye12345 days ago
> Even if it's implemented, how do you rise tariffs on intangible works?
If you are an American company (or a subsidiary thereof), and you have an employee resident in another country who does IT work, then you pay a tax to the US Treasury on that employee's salary. This tax can be varied depending on the country of the employee's residence.
Alternatively, if you pay OutsourceCo or whomever to provide you with IT services, then, depending on OutsourceCo's incorporated location, either you pay a tax on the services you buy from OutsourceCo, or OutsourceCo pays the tax on salaries just described.
All this can be avoided by hiring American workers, of whom there are many currently looking for work (mainly because of offshoring and immigration).
kristopolous5 days ago
In this supposed competition with China, Trump is deeply dedicated to giving China every advantage possible.
From defunding science, fining the biggest universities, defunding green energy, making hiring ambitious foreign workers economically unfeasible, replacing technocratic administrators with incompetent lackies with quite literally zero experience, imposing inordinate tariffs ... It's just win after win for the CCP.
Couldn't possibly be more generous
remarkEon5 days ago
Sad that we're doing this. The United States couldn't compete and was a poor country with minimal scientific achievement until the H-1B visa was created in 1990.
mrtksn5 days ago
Yes, but all these things will have bad long-term effects. The short-term effect would be payment into the federal budget and increase in local employment.
Even with tariffs, the initial effect was to increase purchases before the tariffs hit. Later the companies started eating from their margins instead of increasing prices right away. So it all resulted in increased economic activity and then increased tax payments into the federal government. However, because this is tax on consumption, it will eventually reduce business profits and personal wealth of the consumers. Meanwhile, Trump can claim that the economy is booming and he is collecting huge tax revenues without any negative effects.
kelnos5 days ago
> This is a de facto shutdown of the program
Is it? $100k per hire isn't much of a cost to pay for large companies. Smaller companies may -- may -- end up having some trouble with this, but consider that $100k often amounts to less than a yearly base salary (and will pretty much always be less than a year of total comp/total employee cost), not to mention the costs of legal staff that they're already paying to deal with this stuff.
What this may do is cause some of the "body shop" consultancies to drop some of their "low end" business, so they'll focus more on targeting positions with higher salaries. That's... probably a good thing.
And yeah, we may see some higher rates of offshoring, but I don't think that will be significant. And I'm not even really convinced: offshoring is already possible, and in strict dollar terms is already cheaper than going through the H-1B process to bring someone to the US. If companies preferred offshoring, they'd be doing it; clearly the already-higher-cost H-1B program is still their preference.
I agree that this isn't going to fix the H-1B visa system, and is not a reform or even a particularly positive step toward a reform, but I think you're overestimating the negative impact. I really don't think this will change things much at all.
Aurornis5 days ago
$100K per hire per year.
That's almost as much as the media H1B salary. It's a huge cost overhead. I don't understand how you can be dismissive of a number almost as high as hiring another engineer.
tick_tock_tick5 days ago
I think it's pretty reasonable line that it should cost the company at-least 2x normal to import someone.
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throwawaylaptop5 days ago
Id much prefer the companies pay $150k so that it entices someone to move from Nevada to California.
enraged_camel5 days ago
>> Is it? $100k per hire isn't much of a cost to pay for large companies.
$100k for a startup is a no-go from the onset. This makes foreigners basically unhireable for startups, and probably shuts down founding startups as well?
ZYbCRq22HbJ2y75 days ago
> Smaller companies may -- may
Really? 100k on top of a salary per year? Why would anyone do that?
fooker5 days ago
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tomhow3 days ago
Please don't comment like this on HN. The guidelines ask us all to be kind; they're the first words in the "In Comments" section:
That is, at most, less than half a million people in the field and the majority of those jobs aren't the ones looking for overseas hires anyway. If we take CompTIA's number of roughly 5M tech workers it's 140,000 people, not "literally millions."
If you have better numbers, please, let us know.
afavour5 days ago
To be clear the H1B is not for exceptional workers. There’s a separate visa category for that.
guyzero5 days ago
> Yeah but no offense if you're paid the same as your peers, you're not necessarily exceptional.
Says you. I work in Lake Wobegon.
the_real_cher5 days ago
I'm happy you're here but the H1B program needs to slow down in America for a while.
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Gud4 days ago
If you're exceptional, by definition so are your peers.
TMWNN5 days ago
>The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India
Such offshoring was possible before and after today.
Put another way, if all the H-1B jobs really can be offshored quickly and easily the way so many Indians and anti-Trump people here and elsewhere confidently predict, *that would have happened already*.
Jyaif5 days ago
The offshoring has started happening in the last 2 years in some of the big companies, by for example opening offices in Eastern Europe.
I suspect it didn't happen before because these companies were more focused on growth than efficiency.
That being said, thanks to AI parts of the big companies are again focused on growth at all cost.
hx85 days ago
> This is a de facto shutdown of the program
No, this is just another tariff. If it costs $200k/yr to employee an H1B Software Engineer, and you expect them to work for you for 3 years, it raises the cost of employment from $200k/yr to $233k/yr. It'll discourage people from applying on the margins, which will bring the application rate down and acceptance rate up.
dbmnt5 days ago
It's an annual fee. It would raise the cost to $300k/yr.
AP is reporting that It's $100k/yr. So it wouldn't amortize like that.
cerved4 days ago
It's not a tariff
smt885 days ago
Big Tech chose to get elect an anti-immigrant candidate while relying on immigrant labor. Let them burn themselves down.
callc5 days ago
> The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India, Europe and Canada, which is a net loss for the US.
I’m honestly tired of hearing the argument “if we do X then business will move to another state or out of US”.
Good riddance to the companies that flee from jurisdictions enforcing workers rights, don’t allow exploitation, etc.
The most important thing is protecting people, not fearing the cries of money-making machines.
spacebanana75 days ago
Particularly in tech, where the network effects and first mover advantages are so strong.
California could introduce a million dollar minimum wage for software engineers, ban electricity on Thursdays, raise corporate taxes to 60% and still probably have more new unicorns founded in the subsequent year than Europe.
mavelikara5 days ago
Subsequent year, probably. In later years, no. Massachusetts is case study on this.
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infinite8s5 days ago
Don't be so sure of that. Network effects are still subject to tipping points.
digianarchist5 days ago
They'll still end up in the US as they can work a year abroad and come in using L1-B program for 5 years (3 + 2 years on renewal).
L1 has no PWD, no min wage requirements (beyond min wage law in US) and is completely uncapped.
gmueckl5 days ago
The business must go where the talent pool is if the talent can't be brought to the money. This H1B change is intended to remove a sizable portion of the talent pool from the US, so companies will have to follow (and spend US investor money on wages abroad).
AbstractH245 days ago
So who is going to pay taxes to fund the country? Particularly as the population ages, meaning more costs and fewer workers.
afavour5 days ago
Putting all else aside: if you’re an H1B holder currently outside the US you must return within 24 hours or you’re on the hook for $100k:
Oh! This is unexpected, I thought it’s only for new applications, asking every h1b holder to pay 100k is just unfathomable. We will see thousands of layoffs and people moving out on an unimaginable scale.
seanieb5 days ago
They said at the signing that it was per year. No idea if it’s applicable to existing h1-b’s.
This is announced with so much confusion and ambiguity too. Does it apply to current visa holders? Don't know. How do companies pay the fee? Don't know. Also announced on Friday night to go into effect Sunday midnight. Probably a feature though not a bug.
dudus5 days ago
This link is dead already. Not sure if this is correct, it truly is confusing.
linksbro5 days ago
> Deleted the below posts out of an abundance of caution. Despite the words of the Proclamation, an unnamed White House official told New York Times that they intend to apply the $100,000 only to new applicants only.
> If that is correct, the implications are not as urgent.
In important cases like this one should read the bill's text and not watch some random video on the Internet which has no legal power.
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speff5 days ago
I've been hearing that H1B holders are currently trying to stay within the US in fear of not being let back in or because of shenanigans like this[0]. Wonder how many people are currently looking for a flight.
You strongly agree with making people who were legally living their lives in the US lose access to everything they own overnight just because they happened to be outside the country on a random day?
breitling5 days ago
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afavour5 days ago
I respect trolling, in a weird way. But this is just incredibly lazy trolling. At least put in some effort.
mister_mort6 days ago
If this is truly per application, the companies that try to boost their chances with the lottery by creating multiple applications for the same person are going to get hit hard. Phantom companies that only exist on paper so people can tweak the probabilities are now liabilities.
We'll see a rebalancing for sure.
DeRock6 days ago
> the companies that try to boost their chances with the lottery by creating multiple applications for the same person
Unfortunately that doesn't work in practice since the consulting firms submit multiple applications for multiple candidates to get one candidate in. I believe charging extra for each application is a good way to discourage this practice but I'm not sure if $100k is the right number or not. To me it seems a bit too high.
DeRock6 days ago
The odds are now per candidate, not per application. If they submit multiple applications, it does not up chances for that candidate in any way.
And yes, it does work, because we have data from the year before this change, to the year after to compare against. The "Eligible Registrations for Beneficiaries with Multiple Eligible Registrations" dropped from 47,314 for FY 2025 to 7,828 for FY 2026. Source: https://www.uscis.gov/archive/uscis-announces-strengthened-i...
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sbmthakur6 days ago
Wasn't the application linked to the candidate's passport number?
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throwaway2194504 days ago
I find it odd that the H-1B has no per-country limits, which would have avoided all of this from the start.
ActorNightly5 days ago
Ah the conservative mindset:
When faced with an arbitrarily small, insignificant problem, in lieu of the status quo, the solution he/she advocates is to completely dismantle the status quo without any form and reason instead of actually focusing on the solution.
I.e punishment over progress.
doganugurlu5 days ago
To be fair, the true conservative mindset would “not tear down the fence, if you don’t know what it’s there for.”
ebiester6 days ago
In one sense they won't - it will reduce the queue enormously.
But you'll really need that person. It will also kill OPT in general.
sigwinch5 days ago
It’s per-year.
cogman106 days ago
IMO, the fee is the wrong thing that needs adjusting. It's the salary that should be adjusted. The minimum salary for an H1B should be $200k. It's something like 50k right now which is ridiculous especially with all the restrictions an applicant is under. It both suppresses wages and abuses the worker.
nine_k6 days ago
Can every industry pay $200k? I bet software, AI, or finance would be okay paying $200k, while e.g. hardware, aerospace, or biotech would have a harder time.
The idea of requiring a high salary is reasonable, but I'd make it rather e.g. 120% of the median salary in a particular industry.
Jcampuzano26 days ago
Dare I say - If you're desperate for skilled workers, they should probably be highly compensated due to simple supply and demand.
If you can't find somebody skilled enough here to work for 200k or less, then you should probably be paying 200k or more since you're looking for a role that is niche and low supply.
scheme2715 days ago
There's also a bunch of organizations that are desperate and can't pay. E.g. a lot of rural and VA hospitals are staffed by H1B physicians. A rural hospital in the middle of Idaho won't attract a cardiologist through salary (i.e. the 500k/yr they can make in cities) and probably won't be able to afford a 100k application fee to get one. Also for lots of researchers and post-docs, 100k is more than their annual salary.
This fee is a great way to ensure that there's very little medical services available to rural populations and to help kill science in the US among other things.
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somanyphotons5 days ago
It might be that in that industry, paying someone the $200k might mean the position doesn't make sense compared to the value delivered, and that you should instead open up another offshore office
consumer4516 days ago
Since we have relatively reliable economic data on median income per industry, it would be really stupid not to use that data in a formula such as the one you suggested.
To go further, I believe there’s good data on cost of living, geographically. It would probably be wise to use that in the formula as well, so as not to disadvantage smaller areas, where cost-of-living and salaries are lower.
davorak6 days ago
> To go further, I believe there’s good data on cost of living, geographically.
I like the goal of making sure visa works are paid well for where they live.
I would not want to restrict the visa worker geographically though. Or alternatively I am unsure about the overhead of tracking the location visa holders and enforcing salary changes.
Might also have unintended knock on effect of encouraging job growth in low cost of living areas.
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cogman106 days ago
Who would have a harder time? The company that wants to bring in employees? Sure. But I'm also sure that the top experts would be lining up to take such a job. The companies wouldn't struggle to find someone abroad.
The percentage could be reasonable, but I think it's too easily gamed. You just know the company would try and say they are bringing in entry level people for whatever they want and use whatever lowest median they could find. There needs to be a fairly significant minimum salary to avoid such monkey business.
An H1B job should be cushy. Otherwise, the company should simply raise salaries to find local workers.
nine_k5 days ago
This is why I say about the median salary across a branch of industry. A company is free to bring in anyone they want, but not free to pay them entry-level salary then. They should rather pay entry-level salary to local folks, e.g. recent graduates. The point is to bring above-average workers from abroad, as you say.
I don't think it's easy to game the median number, or the third quartile number if you prefer. Unless the salary distribution is severely bimodal, it should work reasonably.
ApolloFortyNine6 days ago
The entire market works through supply and demand. The basic idea is if you can't find someone willing to work for $x an hour you have to raise x until you find someone.
The h1bs are often used to abuse that system by just importing someone willing to work for x, with the added bonus of it being very hard for them to ever leave your company.
anigbrowl5 days ago
All things like this should be percentages/ratios. The idea of using $ amounts in legislation and regulation is fundamentally foolish.
wahnfrieden6 days ago
If they can pay a $100k fee, they can pay a similarly higher wage instead
abirch6 days ago
This makes sense if H1-Bs are about lack of talent instead of cheap labor.
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ericmcer6 days ago
Is it too complex to just look at the companies taxes and be like... "Hey you are paying H1B workers 25% less than their peers. You get hit with a fine".
If you couldn't undercut H1B salaries there is little incentive to use them except for their desired purpose (you can't find any local workers).
OkayPhysicist6 days ago
Even paid identically, a company might prefer H1Bs for retention purposes. Having an indentured serf who's difficult for other companies to hire and is at constant risk of deportation if they lose their job is a winning prospect for the worst companies.
firstplacelast6 days ago
It also prevents wages from rising, can't find anymore local talent at 80K/year so you hire H1B at that wage. If that didn't happen, wages would rise until they found someone local. I think something like equal pay and then a 10-20% fee that is funneled into american education/up-skilling efforts.
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DragonStrength5 days ago
As my manager at Amazon once told me, “Amazon prefers H1Bs because they take more abuse.”
BobbyJo6 days ago
A great way to circumvent this is to build a large headquarters in an undesirable location. "No American software engineers are applying for my job in <random midwest town where I will be the only software employeer>! I need H1bs!"
selimthegrim5 days ago
Didn’t IBM try this with Dubuque?
breitling5 days ago
What if they're bringing the average salary down for everyone else because they can, thanks to h1b?
rs1866 days ago
The nurse that helped save your life at ER might be on H1B getting paid $80k a year.
jpadkins6 days ago
the counterfactual is 'is there an equally qualified nurse who didn't get the position?' There is a lot of under-employment for highly qualified US citizens.
cyberax6 days ago
Because there aren't enough "equally qualified nurses".
> There is a lot of under-employment for highly qualified US citizens.
The AI is now decimating the jobs for the recent CS graduates.
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aaronnw26 days ago
Maybe more talented Americans would become nurses if the pay met the demand.
seb12045 days ago
We know that the US is not the only country with shortage in healthcare workers. Most countries with an ageing population face this.
rs1866 days ago
We know that's not going to happen.
What now?
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cogman106 days ago
That nurse may have just done their 6th 12h shift as well. Which they have to do or risk deportation.
mancerayder5 days ago
Do we know what percentage of H1B's are NOT in the tech industry?
sigwinch5 days ago
Nurses would be TN or in the past H-1C.
woah5 days ago
The H1B program should be scrapped and replaced with a program where anyone (who passes some background check) can pay $100k a year for a green card
Braxton19805 days ago
Rich drug dealers from corrupt countries rejoice! your green card is in the mail
woah5 days ago
That's why you've got to pass the background check. It doesn't seem any more prone to abuse than the existing H1B program.
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mrheosuper5 days ago
Isn't that Trump golden card ?. Pay $5mil and boom, welcome to the US, rich drug dealer.
fred_is_fred6 days ago
It's not in this article but in others that this will be addressed.
"The proposal would increase the wage floor for H-1B visa recipients from $60,000 to $150,000, eliminate the Optional Practical Training (OPT) program, and replace the current lottery-based selection process with a highest-bidder system."
Done above but that's a senate proposal. Sorry for the confusion.
wahnfrieden6 days ago
You may have policy opinions but what would incentivize the current admin to require more money given to foreign workers vs keeping wages low (which also helps suppress wages for non-foreign worker peers industry-wide) while collecting more fees for federal use?
beefnugs4 days ago
They arent "trying to fix it" they are setting it up as corruptible, game-able, politically weaponizable
dbish6 days ago
Why not both?
cogman106 days ago
Because I don't really want to penalize a company for bringing in foreign labor. If a company can't find someone for a specific job or role then I don't care if they go abroad to find that person.
What I care about is the current system isn't being used to find hard to find labor, it's used to bring in cheap labor in an abusive situation.
We as a nation are really better off if we bring in the best in the world to work here with a cushy salary.
leopoldj6 days ago
Multiple registrations are being filed for the same person in order to game the system. This is discussed in some details in a USCIS report [1]. The increased application fee is presumably to stem that practice.
"If a company can't find someone for a specific job or role then I don't care if they go abroad to find that person."
You're believing and repeating the propaganda. The H1B was sold to Americans as for this purpose and then very deliberately turned into a loophole for importing massive amounts of foreign labor.
How silly is it to accept the idea that Big Tech companies like Google, Microsoft, and Tesla are not be able to hire Americans for any role they want. They're the richest companies on the planet!
These companies use the H1B to increase their labor supply, suppress wages, and gain indentured workers.
If they couldn't cheat by importing cheaper foreign labor they would have to compete against each other much more than they do for American workers.
This is all about big companies rigging the system. They do not care if it's good or bad for America, the foreign workers, or anyone else. It's simple greed.
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dbish6 days ago
The fee should help ensure that only higher paying jobs or truly hard to find roles would be worth paying for as well (not that this is the right option, but playing it out). You would gladly pay 100k if the role already is high paying, it will be a small fraction of the cost, you won’t do that if it’s a couple year salary. It will also help curb abuse through multiple applications. I agree hard to find jobs for highly talented people (who are paid well) should be brought in.
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llm_nerd6 days ago
>If a company can't find someone for a specific job or role then I don't care if they go abroad to find that person
It was never, ever that they "can't find someone".
it is very difficult to determine this. Companies that do h1Bs are all multinational, so they can locate dev offshore and just say they did it internally. There's also the reality that even if you go out and try to evaluate the revenue that comes from IT, you basically can't get clean attribution even if you want to. many H1Bs are not working on customer facing product, but internal projects and that makes treating things like application maintenance or service desk pretty difficult to calculate for ultimate revenue outcome.
MangoToupe6 days ago
That's going to happen regardless.
waynesonfire6 days ago
Why is that a problem? Thats how the program should work, to recruit talent wherever it's found.
fogzen5 days ago
IMO the minimum salary should be $0 and Americans should be free to hire whoever they want, without paying a fee and asking permission from the government. Non-citizens should be subject to the same minimum wage and workplace regulations as everywhere else. Whoever wants to come to America should be able to freely come, treated the same as anyone else.
But that would be a free market that respected human rights, and Americans don't want that! Equality? Freedom? That's just marketing!
rangestransform3 days ago
my country should prioritize its own people first, second, third, fourth, fifth... and anyone else an incredibly distant last, if at all
s1artibartfast5 days ago
Nobody wants that kind of equality, just like they don't want other people to have equal access to their bank account or home.
czl5 days ago
> Whoever wants to come to America should be able to freely come, treated the same as anyone else.
So just open USA borders to anyone that passes screening (security / health / etc)?
What about gov subsidized welfare / healthcare / education / ...? Would you end all that? If not end it how would you handle the situation with current citizens vs the influx of foreigners who will expect these things be provided for them? And if those who show up start to vote for communism or some other ism that you do not like what will you do?
danenania5 days ago
If the non-citizen worker can't change jobs as easily as an American can, you still don't really have freedom.
stephen_cagle5 days ago
This straight 100k to the top is not a good way to implement this. It should be a percentage (say 50%, we can talk about what the number should actually be) of the total compensation that is being paid to the H1B. We should also just completely remove caps on H1B.
This allows companies that truly want extraordinary talent to pay a premium to acquire it with no red tape . It also makes it far less likely that they can significantly underpay foreign workers to work in the united states and undercut American employees (at a 50% surcharge, you would have to pay 2/3 the prevailing salary to break even (assuming all employees are the same)).
The 50% number is something I made up, I think we can have an honest discussion about what that number should realistically be (and it should probably be different for different industries). But my main point is it should simply be a percentage tax paid on top of all compensation for foreign employees. This is the correct way to balance domestic companies undercutting domestic labor, while allowing them to access genuinely extraordinary talent with no impedance.
thatfrenchguy5 days ago
Or we could have a functioning smart government who lets say, Nvidia or Apple hire more folks and Infosys less instead of having a lottery? Folks on H1B pay federal income taxes
pwarner5 days ago
There was a proposal for an auction. Highest prices get the visas.
elAhmo5 days ago
That would just make the top companies get all the talent and new players and startups to stop hiring internationally.
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wonderwonder5 days ago
I disagree, why would they then not just hire the H1B at 50k and pay a 25K fee.
100k flat annual fee plus the new minimum 150k salary returns the H1B program to its original purpose of allowing US companies to hire truly exceptional foreign workers who have skills US workers do not. This allows companies to do just that and pay for it and at the same time protects the jobs and job prospects of US workers
You're right it does not say it, I based my statement on what Lutnick said in the office.
Looks like the 150k number is from a senate bill that has not passed yet
I'll be honest that I read a different article on the same topic and did not know about the salary floor. So I wasn't thinking about that. I'm... mixed on that, but it does add a wrinkle to the equation.
I prefer a purely compensation relative approach because it let's the market decide what the actual salary for a software engineer is (with a percent of compensation premium for a foreigner and a 0 extra cost for a native). The market can dynamically adjust what a software engineer makes (not fixed price control) but it just cost more to hire foreign people.
In direct response to your first sentence, I think even foreign workers (who largely work harder and have more on the line than domestic workers) would question the wisdom of working for 50k a year as a software engineer in the US. They are actors in this system as well, and you can't just assume that you could offer 50k and get them to accept.
abeppu5 days ago
What's the basis for saying that the "original purpose" was to let companies hire "truly exceptional foreign workers"?
My understanding is that the H-1B was introduced by the 1990 immigration act, where the H-1B is supposed to be for "specialty occupations" other than nursing. But the same act introduced EB-1 and O-1 for people with "extraordinary ability", which sounds a lot closer to your "truly exceptional" understanding. I think maybe you're projecting a purpose onto the program that was never really there. The H-1B quota when it was introduced was 65k, so it's not like it started out being dramatically rarer than it is today.
winter_blue4 days ago
> purpose of allowing US companies to hire truly exceptional foreign workers
You're wrong on the purpose of it. The O-1 visa is for "exceptional" workers. The H-1B is for normal people.
jayanmn4 days ago
Half of India’s talent will be in US next day after H1B cap is removed. I will be first one to try
sniggler5 days ago
The entire point is to block middling unneeded H1Bs that are just taking middle-class American jobs, a high yearly salary bar does exactly that.
archeantus5 days ago
If you want a good job in tech, go look at Walmart’s job board in the coming weeks. They literally have thousands of Indians doing all kinds of jobs that could easily be done by Americans. I liked my time there, and there’s lots of great people, but it felt very clear that the system was being abused.
bayareapsycho5 days ago
In my old org of 80ish, like half of them were from Telegana. All of management was from there. In total, at least 80% of the org was south asian. I guess it's just a coincidence ¯\_(ツ)_/¯. And I can promise you, at least half of them were completely useless. I mean, like so useless they couldn't even figure out how to use generics without 30 minutes of handholding
Also, WMT is not "in tech". Global tech is WITCH tier. The business side is run by the same type of MBA personality running Boeing
They're also forcing like half the company to move to Arkansas at the moment, so a bunch of people are trying to gtfo. I wouldn't advise anyone going there, startups are probably a better option
wara23arish5 days ago
homedepot too
in my team of 23 there were 2 americans
zahlman5 days ago
I have to say, when one thinks of jobs available at Walmart, tech doesn't exactly come to mind first.
ProllyInfamous5 days ago
As of 2025, Wal-Mart's main corporate structure has ~2500 H-1B Visa Holders, $141k median, which allegedly no citizens can fulfill.
Was this comment posted before on other threads or is it just me? Not saying it isn't relevant to the discussion, but it does seem to be worded the same.
archeantus4 days ago
Nope. This is the original. Maybe someone else took my idea
bhouston5 days ago
This is actually smart. Many H1B visas are used to undermine fair labor wages for already local talent. We should ensure that H1B visas are for actual unique talent and not just to undercut local wages.
H1B is ripe with abuse - this article by Bloomberg says that half of all H1-B visas are used by Indian staffing firms that pay significantly lower than the US laborers they are replacing:
This is very short term thinking, in that it assumes a constant amount of work and ignores the global competition for labor.
If the US loses its massive lead in the network effects of a large labor pool, the amount of work in the US will shrink, both by moving to other countries and less overall innovation.
This is not a beneficial move for most software engineers.
ahmeneeroe-v25 days ago
There is not a global competition for talent.
How many people on here can truly say that they were considering between two different countries. That doesn’t happen at scale.
There is a global competition for coming to Western Europe, Canada, and the US
estebarb5 days ago
A common problem in latam and other geos is brain drain. Most of their best minds simply leave the country looking for better opportunities. That is impactful for the countries economies, the country invest a lot in people,but others see the benefits.
During last century, USA has been the most benefited from that kind of immigration.
Personally I think that this is a very short sighted decision by USA administration. But overall, I think that this will benefit the rest of the world. Maybe in a few years even USA will start exporting their best minds abroad!
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Swizec5 days ago
> How many people on here can truly say that they were considering between two different countries. That doesn’t happen at scale.
/me
I started in Slovenia, considered London, actually got an offer in Canada, but ultimately chose San Francisco. Figured that if I’m going to the trouble of moving abroad, I might as well go to the center of the industry.
Got lots of friends who chose various EU companies based on desired lifestyle/work/partner balance. You have lots of options as a good engineer. Especially before the last 3 years of market shenanigans.
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victor1065 days ago
>There is a global competition for coming to Western Europe, Canada, and the US.
As someone who lived in all three geographies and interacted with immigrants who lived in there, here is my raw take:-
Western Europe:- Love it and people are so nice but they are also (I am sorry to say) racist. Proof:- How many immigrant CEO's do you see from companies based in Western Europe? The top 4 largest tech companies in the US have two indian CEO's for more than 10 years now.
Canada:- Super nice and immigrant friendly more than the US, but the size of the country (approx 10% of the US) doesn't have the financial/economic/social infrastructure that is needed to support a large number of immigrants. Also tech salaries are miserable compared to the US
US:- For all its faults, US is truly the only country where immigrants looking for a better future can immigrate and assimilate into. For how long this lasts remains to be seen but I don't think that is going to change anytime soon.
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AceJohnny25 days ago
> How many people on here can truly say that they were considering between two different countries
Hi!
I know I'm just a datum, but I gotta represent myself.
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epistasis5 days ago
Not yet.
The slate of policy choices in the US is removing it from that list of countries, and will strengthen those countries' labor forces.
Right now SV salaries command a huge premium, because all of SV is predicated on increasing productivity, increasing the economic pie, and rewarding those who do so with a fraction of that gain in GDP.
Treating SV labor like plumbing or construction labor fundamentally misunderstands the dynamics and the creation of wealth.
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rinon5 days ago
Because of our historical strength. If we drive people away, that just makes room for other contenders. How is that smart?
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Seanambers5 days ago
Exactly, and especially SV and the US has seemingly been almost entirely locked down by Indians.
vvrm5 days ago
For FAANG engineers this will likely mean moving to Vancouver, Zurich or Singapore with their job, salary, rsus and taxes.
ekm25 days ago
How many people on here can truly say that they were considering between two different countries. That doesn’t happen at scale.
Mmmh...How about four countries?US,UK,Canada &South Africa.
As a student,though
barrkel5 days ago
I had to choose between California and Germany. It is a thing.
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jacquesm5 days ago
Only two?
gnulinux9965 days ago
> If the US loses its massive lead
By US you mean corporate America?
What if they maintain that massive lead on the backs of the US citizens?
The exploitation of the US worker needs to end, if the company does not have 100K to bring in global talent then that company cannot "massively lead" in any domain and the "talent" is neither global nor talented.
rcpt5 days ago
I am an American-born worker at a giant tech corporation. My coworkers are all immigrants, my job was created by immigrants, if they left I'd be unemployed because there's no way I can build this whole thing by myself. The work would simply disappear without them.
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vasilipupkin5 days ago
and so who owns the shares of "corporate america"? Newflash: Teachers' and firefighters' and cops' pensions are all invested in "corporate america". As well as pensions of union workers. As well as 401ks of all the other middle class people. Come on.
"the exploitation of American worker" ? American workers have one of the richest standards of living in the world.
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fastball5 days ago
The competition isn't for labor, it is for net productivity. These are not the same thing. As anyone who has ever worked on a team can tell you, "more team members" absolutely does not equate to a more productive team. In fact we have a plethora of phrases and anecdotes which indicate the opposite is often true.
trhway5 days ago
It could have been a smart move if it were staged like this :
20K H1Bs with $30K fee
20K H1Bs with $60K fee
20K H1Bs with $100K fee
unlimited H1Bs with $200K
Any oversubscription in a category - you have a choice of either going through lottery or paying for the higher category.
... and is done for these employers already (though not to the level that is being proposed)
Public Law 114-113 (December 2015 to September 2025) : additional fee of $4000
Public Law 114–113, part of the Consolidated Appropriations Act, 2016, imposed a fee of $4,000 on H-1B petitions and $4,500 on L-1A and L-1B petitions. The additional H-1B fees would apply to all petitions postmarked on or after December 18, 2015, and until September 30, 2025.
tnel775 days ago
I suspect the very best engineers will be worth every penny of that $100k/yr and the amount of abuse will drop. There is the very real risk that companies will move to outsource more roles, but I will personally be boycotting them.
nikkwong5 days ago
Good. I’m sure you and the 10 other individuals who choose to boycott all of FAANG will ensure that this all balances out in the end.
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vasilipupkin5 days ago
very real risk ? it's a certainty not a risk.
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wrt271Ja5 days ago
Companies are laying off people, so there is no competition for labor.
epistasis5 days ago
Right now. What happened in the future? When the job market recovers will it happen in the US or elsewhere?
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intermerda5 days ago
You're applying economics when the problem is fundamentally racial. Trump has exposed the dark underbelly of the US. The comments in this thread as well as elsewhere just show the fundamental lack of empathy - which I know is a made up word unless someone with the "right" political leanings was harmed.
Of course the visa is a privilege and there are tons of abuses associated with it. There are methodical ways of going about it and actually fixing the problem. Slapping a $100k fee with unclear language and no heads-up uproots while uprooting lives of so many people have lived in the country for years if not decades, maintained legal status, and paid taxes including Social Security and Medicare is "a smart move" according to the top comment.
But we all know what the real problem is. If majority of the H-1B visa holders had the right skin color, they would be welcome with open arms regardless of any abuse of the system. Just like how South African refugees are welcome while other those from the "wrong" kind of country are not.
"If you can convince the lowest white man he's better than the best colored man, he won't notice you're picking his pocket. Hell, give him somebody to look down on, and he'll empty his pockets for you." ― Lyndon B. Johnson
rayiner5 days ago
It has nothing to do with “skin color,” but economics, culture, and worldview.
“The safety of a republic depends essentially on the energy of a common National sentiment; on a uniformity of principles and habits; on the exemption of the citizens from foreign bias, and prejudice; and on that love of country which will almost invariably be found to be closely connected with birth, education and family. The opinion advanced in the Notes on Virginia is undoubtedly correct, that foreigners will generally be apt to bring with them attachments to the persons they have left behind; to the country of their nativity, and to its particular customs and manners. They will also entertain opinions on government congenial with those under which they have lived, or if they should be led hither from a preference to ours, how extremely unlikely is it that they will bring with them that temperate love of liberty, so essential to real republicanism? There may as to particular individuals, and at particular times, be occasional exceptions to these remarks, yet such is the general rule.” — Alexander Hamilton
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CyanLite25 days ago
Don’t play the race card, you sound emotional saying that.
You admitted that there were tons of abuse. This gets back to the law’s original intent. This is the best fix that corporations “pay up” for.
It’s just politics. You have CS grads facing employment headwinds against AI, H1B, and high interest rates. They aren’t going to vote for the incumbents if they’re unemployed. Now they’re going to have a $100k discount to hire them instead of from a WITCH company. FAANG will still hire H-1Bs.
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mc325 days ago
Do you think those countries will be nice and invite us to be reverse "H1Bs" into their countries or will they keep the pie to themselves? If they think like you they'll invite the whole world talent pool into their countries.
epistasis5 days ago
The US has the nicest biggest pie in the world. Why would somebody move to a place with less opportunity?
The opportunity created in the US is due to the concentration of talent, high productivity, and extensive networks of people creating innovation that inflated the pie even larger.
Go ahead and move to any of those countries from the US, it's prettt easy, because everybody wants to be like the US! The only possibly better passport was a Canadian one!
Something deeply sick has infected the US when we no longer recognize the source of the wealth of our nation. Nobody could touch us. At least until we started to intentionally make ourselves poorer.
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ttsemih5 days ago
Probably you can go most countries
mikert895 days ago
A huge reason that no one can afford anything is because of wage suppresion
marcusverus5 days ago
Yep. There is a huge amount of American talent wallowing in low-level, dead end jobs because corporations have been actively incentivized to hire cheap, captive foreign labor rather than foster American talent. I am absolutely thrilled to witness this return to sanity.
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cryptonector5 days ago
> This is very short term thinking
The EO expires in 12 months, so, yes, it's short-term.
Maybe in a year the administration will rethink things. Maybe sooner.
xbar5 days ago
That is a real slippery slope you made from $1000 H1-B visas. It is nonsense.
huevosabio5 days ago
Strong disagree. This is a dumb move in that the US wins wins when people move to the US, especially young, skilled people.
There are big issues with the h1b, particularly how strongly tied to the employer the employee is and how few of these we give away. But this basically closes the door for hiring foreign talent to anyone but BigCo.
It is a sad shotgun shell on the right foot on a long streak of the US feet shooting it's way out of relevance.
fastball5 days ago
Student visas still exist. O1 visas still exist. Other routes I can't remember off the top of my head exist. The door is not closed. Indeed, even H1B visas still exist, assuming that young talented person is worth $100k more than a US citizen.
> the US wins wins when people move to the US, especially young, skilled people.
I personally lean towards this being true, but it is a claim that needs to be demonstrated comprehensively for your argument to hold water. It is not trivially true.
adgjlsfhk15 days ago
you know what's really stupid? when we give someone a student visa and then don't have a easy to keep them in the country on a work visa
These other visas are incredibly complicated to get. And funneling everyone through student visas is just inflating demand for uni degrees.
What someone's labor is worth is up to the market to decide. Also those $100k are taxed out of the employer and employee's value.
On the benefits of people moving to the US: it's been widely studied and it's basic economics, immigrants bring both supply and demand, so the size of the economy grows and so the opportunities to current residents.
Take the extreme: when people leave a country or city the economy there collapses, see Detroit or the increasingly old and depopulating European countries.
Or take the extreme on who comes: fiscal studies show that even low skilled immigrants are net positive fiscally. Only very old and unskilled immigrants are a fiscal burden.
Finally, thinking that we can capture the world's economy in a bottle and live lavishly without competition is delusional. If we stop letting people build here, they will build elsewhere and without us. We are increasingly less relevant.
vkou5 days ago
Let's turn this around - would the US win if young, skilled people were net-leaving it?
Imagine spending 25 years raising, educating, feeding, and clothing a person, investing over a million dollars of money and labour in them, and then they just pack their bags and leave.
Educated, skilled, young immigrants are a colossal gift to the host country, and a crippling debit on the welfare and prosperity of the country they have left.
---
Anyone who has ever given it more than thirty seconds of thought knows that countries become wealthy when people living in them work - and make stuff. So what do you do to improve a country's prosperity?
Obviously, in backwards-logic, you start raising barriers to people who want to do useful work in it.
(Because dealing with the systemic issues that have resulted in the country becoming prosperous not being correlated with the plurality of people in it not becoming prosperous would upset wealthy people who don't actually build anything.)
bmitc5 days ago
Have you never met an H-1B worker?
tnel775 days ago
I genuinely don’t know: how many H1Bs were granted this year while we have read about numerous layoffs? Were those H1Bs truly necessary? Were they paid at or above market rates?
Hnrobert425 days ago
My limited experience with H1B labor is not folks who are young nor particularly skilled. They are cheaper and faster to staff.
I'm by no means xenophobic. Bring in all the immigrants you want. But I can't agree that H1Bs are working as designed and pull in labor that doesn't otherwise already exist in the US.
AngryData5 days ago
But if you want to attract young talented and skilled people into the US, I don't think H1B is a good way to do it. I would imagine is more likely to result in people leaving after gaining skills and experience and set up shop back home where the money they earned stretches farther. Many of them are forced to do so after their employer tosses them away so why would you come here with any different plan to start with? There is no clearly laid out path to come here on an H1B and guarantee you get to stay even if you do stellar work.
djohnston5 days ago
The only way to do that (and preserve H1B) is to entirely disconnect the subcontinent from the application process. Their top companies exist only to scam immigration programs around the world, it is their raison d'être.
bhouston5 days ago
I have met very talented people from the subcontinent. I think the issue is the H1B structure is open to fraud.
djohnston5 days ago
Yeah exactly. And they embrace that fraud and turn it into a cornerstone of their economy. I too have worked with extremely talented people from the subcontinent and not one was on an H1B. The H1Bs I worked with were less competent than an undergraduate intern. Thankfully I only had to do that once during an on-prem install in Tyson’s Corner.
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truncate5 days ago
So both people and companies from those countries?
djohnston5 days ago
Yep.
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liquid_thyme5 days ago
Thats complete bullshit. Nobody can "steal" a job. Americans are lining up to give them jobs.
djohnston5 days ago
Why are you using quotes around steal as though I used that word somewhere? Read what I wrote, repeat it to yourself when you fall asleep, come back tomorrow.
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bmitc5 days ago
> This is actually smart.
Do you personally know any H-1B visa holders? I can only assume that by your comment that you do not. The ones who play by the system have their entire livelihood and home held over their head while under an H-1B visa.
Punish the companies and staffing firms abusing the H-1B visas instead of creating a blanket, anti-immigration policy that will only bolster those abusing the H1-B visa, because those already abusing are the ones who have the funds to pay this fee. Companies who do things legitimately will not be able to easily absorb this fee.
I will lose friends and colleagues because of this imposed fee. This will kick out all the good people we actually want working in this country. This will further reduce good people wanting to come to this country.
mempko5 days ago
Exactly, it's not lime the visa holders get this 100k. The state does.
rinon5 days ago
If we’d fix the green card caps so that Indian workers could get green cards we wouldn’t see as much abuse. The system is broken, so you’re suggesting break it further? The US benefits from a lot of smart immigrants, we should be making it EASIER, not harder, to attract and retain the best talent from all over the world. The United States is ceding its leadership here and we’re going to pay for that for generations.
thisisit5 days ago
As always with this administration using a cannon to kill a mosquito for the right reasons. And then people debating the reason rather than the cannon.
The logic from this administration and it’s supporters is opposite of Benjamin Franklin. Rather than thinking that it is better a hundred guilty persons should escape than one innocent person should suffer. They think it is better a hundred guilty persons be punished than one innocent person’s suffering. We have seen this from the South Korea detainees debacle and here too.
There is fraud in H1B system. People do take advantage of it. People do suffer from ghost jobs. But the question at the heart of the matter is what is the basis for a flat 100k fee? Because lots of numbers from this administration seem to be pulled out from thin air. There are reasons fines are set low in comparison to a company revenue but POTUS doesn’t seem to know.
vasilipupkin5 days ago
this is not smart. If you want to reform an H1B program, reform it. This is not a reform, this is a bizarre attempt to do what? stop companies from hiring foreigners? they will simply hire them in their foreign offices or offshore.
fastball5 days ago
What is reform and what is not reform? This is a change, not a cancellation. That sounds like reform to me.
vasilipupkin5 days ago
reform is a type of action that tries to identify a concrete set of issues and fix those issues, implies a positive change.
this is a change in the direction of significantly reducing hiring of foreign workers by American companies, which is bad for everyone. It's bad for American companies, because it will reduce their growth. It's bad for American workers because when our companies don't grow, neither does our economy and that hurts Americans. So it's a change, but it's a dumb change.
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throwaway892015 days ago
In other democratic countries, reform is mostly proposed in parliament. Experts and other government institutions are publicly consulted. Reform is seldomly passed under emergency grounds, and H1B rules are an unlikely area for emergency executive action that has a transition period of not more than 2 days.
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cmurf5 days ago
Reform is done legally. The statute this falls under requires the fee be based on the administrative cost to process the application.
Changing the statute requires Congress to act.
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ZYbCRq22HbJ2y75 days ago
Unless they follow this up with some major excise tax, this is the obvious outcome of this, IMO.
softwaredoug5 days ago
OTOH many H1Bs come with the intent of moving to the US and permanent residence eventually. Which makes our workforce stronger.
bhouston5 days ago
> OTOH many H1Bs come with the intent of moving to the US and permanent residence eventually. Which makes our workforce stronger.
Sure. But we are arguing about two separate things here. I am pro-immigration. But I am also against using immigrant primarily to depress wages.
Fordec5 days ago
So the replacement is the talent stays in their own country, making local wages there where their talents are leveraged via offshoring instead. They still work to their skillset, wages remain suppressed but their country of origin get their personal taxes instead. But at least the talented individual gets a lower quality of life, that will teach them to roll the dice wrong on the geography they were born into.
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softwaredoug5 days ago
Yes I would prefer just faster road to skilled immigration. It also doesn’t help string people along with this distant hope of permanent residency
wonderwonder5 days ago
Unless you are an American tech worker looking for a job
yodsanklai5 days ago
Economy isn't a zero-sum game. Foreign talents were the enabler of the growth in this field.
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rcpt5 days ago
I am an American-born tech worker and every job I've had that didn't involve bagging groceries was created by immigrants. Without these workers my career wouldn't have been possible.
breadwinner5 days ago
Why does America have all the tech jobs in the first place? It is because of people like Elon Musk immigrating to the US and building the tech industry.
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fooey5 days ago
there's a lot of new policy that seems to be intentionally inflicting severe brain drain
the US is no longer the clear destination for the best and brightest
mikeryan5 days ago
This is idiotic. We’re already pushing China and India into a partnership with Russia. The sheer volume of people in those countries mean “on average” more brilliant people than we do.
The US competitive advantage is built on us being a destination for the best and brightest. Between this and the crackdown foreign students at US Universities why would the anyone want to come here?
The misuse of H1Bs is a small problem compared to the value it provides.
rxyz5 days ago
The best and brightest are worth the extra $100k tax, no?
hdjrudni5 days ago
Doubtful. Not sure I'd be hired. I was hired at like $160k/yr. Would my employer have paid over half my wages to import me? I'm not so sure. Am I not bright enough? Do ya'all not want me here? It's possible. I'm no genius but I think I'm pretty good at my job and I dare say above average, and I don't think my employer could fill all the positions they have with equal or greater talent with only American citizens.
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breadwinner5 days ago
$15K extra per year? Absolutely. $100k pre-payment? No. That's impractical since the visa holder may get hit by a truck or return home due to an emergency, etc.
mikeryan5 days ago
Sure - to those that can afford it. But this basically wipes out the ability for smaller companies to use H1Bs as an incentive to draw talent when they’re already behind the gun compared to the FAANG’s of the world from a hiring perspective.
The rich get richer.
vasilipupkin5 days ago
why not just hire them in Canada or literally in any offshore office and not pay the 100k tax?
PeterHolzwarth5 days ago
$100,000 per year.
calvinmorrison5 days ago
maybe they're occidentalists at heart?
jrockway5 days ago
Are H1B visas undercutting wages significantly? I haven't really looked since the zero interest rates era, but back then H1Bs were getting paid the same as everyone else. I got the impression that companies would like to hire citizens (for their own convenience), but there were more jobs than people.
The economy kind of sucks right now but it ain't H1B visa holders that are the problem.
bhouston5 days ago
Please read the Bloomberg article I linked in my original post. It says that half of the H1-B visas are taken by staffing companies and they pay their staff significantly lower than the US laborers they are replacing.
markmark5 days ago
Any addition of labor will push down wages just be increasing competition for jobs, even if they are all paid the same.
trgn5 days ago
you're not applying for .net analyst at midwest regional bank corp.
keeda5 days ago
Crossposting from elsewhere:
Looking at it solely from a perspective of competition between labor glosses over the fact that insufficient labor is also bad because it keeps companies from growing and hiring more people.
So sure, while the fewer jobs that they can fill could have higher wages (not a given, because lack of labor can stunt or kill companies) there could be much fewer people employed overall, which is clearly bad overall.
Of course, that assumes there is enough room for companies to grow. There are strong indications (e.g. the various labor and unemployment surveys) that this is the case in the US. In fact, there is a credible theory that the reason the US managed the inflation crisis so well was due to the immigration crisis.
I elaborated more here (along with a couple of relevant empirical studies about how H1B actually impacted employment and wages of native workers): https://news.ycombinator.com/item?id=45308311
bhouston5 days ago
Did you look at the Bloomberg article I linked in my original post? It says that half of the H1-B visas are taken by staffing companies and they pay their staff significantly lower than the US laborers they are replacing.
keeda5 days ago
I could not read the full article so I don't have all the details about the report, but the scope pretty limited. There are equally numerous reports about e.g. BigTech H1B salaries being much higher than typical. So that raises the question, which is the greater effect?
Better instead to look at larger scale studies out there, including the ones I mentioned in the comment I linked. The results are much more nuanced, but generally they find negligible or mildly positive impact on native workers, suggesting they are largely orthogonal to foreign workers.
The point is that the dynamics are more nuanced than simple supply vs demand.
vidro35 days ago
How is that possible ? Doesn't h1b have to pay within a set range of wages?
Every h1b role I see posted at my bank pays more than I make so I don't get the lower paid comments
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freetime25 days ago
I believe that the United States has long benefited from being able to attract talented people from other countries. They pay taxes, they participate in the economy, and they make the US more innovative and competitive in the world.
If there are abuses, then let’s fix them. But this is too heavy handed, and may have an impact on US competitiveness for generations to come.
A4ET8a8uTh0_v25 days ago
<< But this is too heavy handed
Is it really? Given the current salaries for AI talent ( or whatever future most desired skill sets are ), 100k seems like a decent enough spot to do the following:
- keep the program limited to what it was intended to do ( bring in the best people in, keep US competitive -- on tech, not on low wages )
- keep populace in a state, where they don't see a reason for a leadership change
Unless, of course, that is not what the program is used for ( and anecdotally, that take does not seem that far fetched ).
So my overall response is: good. Frankly, this made Trump's election worth it.
freetime22 days ago
Having learned more about the details, it's honestly not as heavy-handed as I originally thought. The Reuters article linked said it was "$100,000 fee per year" - but it has now been clarified to be a one-time fee per new H1-B petition. I also thought initially that it would apply to existing H1-B holders, but it does not. And I've learned is that it's structured as a temporary change lasting for 12 months (of course it could be extended in the future).
So - it's less heavy-handed than I thought. Given recent layoffs and the current state of the job market, I could maybe even be convinced that it's a good thing in the short term.
I do still have concerns about US comptetiveness in the longer term though if we incentive companies to hire in other countries vs bringing talent to the US.
ZYbCRq22HbJ2y75 days ago
It can be a cheaper source of human resources without direct outsourcing. This will just offshore jobs, not foster recruiting of citizens.
The intent is obvious, but the foresight into potential outcomes is shortsighted.
Labor is expensive, more competition will rise overseas, as it will become more expensive to operate.
It also crushes the opportunities of a gigantic number of individuals who are here today who had a plan in place to exist in this ecosystem. Additionally the institutions that supported them will also be hurt. Although, they might have been aware of the writing on the wall over the past year.
comp_throw75 days ago
The trivial way to fix that issue would've been to ORDER BY offered_salary DESC LIMIT $h1b_cap, not this.
petesergeant5 days ago
That moves all H1Bs to software though, which I’m not sure is right.
yyhhsj05215 days ago
GROUP BY profession
bhouston5 days ago
not a bad idea.
throwaway892015 days ago
> This is actually smart.
The policy topic is irrelevant. This is not normal reform. Looking from the outside, the United States is clearly democratically backsliding and is imposing decree upon decree of emergency measures, without a functioning parliament, with a sand-in-wheels judiciary, along with an enormous cult of personality, without any empathy towards the victims of sudden policy changes and black-bag jobs.
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bhouston5 days ago
Trump is following mostly the Project 2025 plan that was put together but others: it called for greatly reducing H1-B visas.
Interesting decision. I'm on the F1 -> H1B pipeline myself as a software engineer. And my wife is a researcher working on Genetic Engineering.
Of the both of us, I've been the strong proponent for moving the US. and with each passing day, its getting harder to make a strong case for the pain, and uncertainty of moving here.
Lately everything has been counter to what one would expect from a pro-growth, accelerationist country.
But I understand where the reasoning is coming from, though.
fred_is_fred6 days ago
with each passing day, its getting harder to make a strong case for the pain, and uncertainty of moving here.
That is exactly the goal here by this administration.
dyauspitr6 days ago
Shutting down the H1B is the end of the American success story. First generation immigrants have started the majority of our unicorns.
halfmatthalfcat6 days ago
So there were no American immigrant success stories pre-1990, when the H-1 program started?
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throwawayq34236 days ago
You don't think this administration would cut off their nose to spite their face?
We are seeing it in real time.
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selimthegrim5 days ago
Accelerationist doesn’t mean what you think it means here.
nceqs36 days ago
if you are exceptional, there is always the O-1 visa
guywithahat5 days ago
The H1B really should have just been an O-1 from the beginning. Being a software or genetics engineer isn't really that interesting, we literally have millions of software engineers, and more genetics engineers than we have good jobs. If someone is truly exceptional than they deserve an O-1, and if you truly can't find any engineers in the US at your salary then maybe you should move overseas.
suriya-ganesh5 days ago
Might be, but that's how you end up in a situation where all the technical skill is outside the US and the products inside are a marketing layer over technical efforts.
Similar to what ended up happening with china and manufacturing.
sashank_15095 days ago
O-1 is a subjective visa which means the process is heavily gamed. Pay conferences to host your papers, pay newspapers to write meaningless articles about you, get a famous personality to sign off on your recommendation letter (I know startups used their board of advisors only for this) and on and on. It’s mostly a joke at this point. O-1 can be scrapped and you wouldn’t lose anything
suriya-ganesh5 days ago
I might.
It's not just this specific issue, honestly. Throwing wrench on all economies, that my wife and I bet on is what's horrible.
Research fund cuts on premium institutes, the wonky arrests etc.
Even yesterday, I had to make a case for why all of this certainty might be worth it. And it was not easy.
At this point though, I certainly agree that the US is not in a trajectory for appreciating external contributions.
kelnos5 days ago
And the requirements for O-1 aren't even that difficult. I know people who are frankly not exceptional (not mediocre either, though, of course), but have worked with lawyers to systematically fulfill the requirements of the O-1 visa. It does take time to do, and I assume the legal assistance isn't cheap, but I think a lot of people on H-1Bs who don't even consider it, could do it.
gck13 days ago
O-1 requires yearly assessment of the exceptional status though. You can hardly plan your life around a visa that is quite subjective in itself and may depend on the mood of the USCIS officer reviewing your case on that particular day.
dyauspitr5 days ago
No, you become exceptional after coming here. The majority of our unicorns are first generation immigrant founded.
justinator5 days ago
They are, unless you have the ear of our current President God-King and can get an exception.
"The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States. "
While the stated intention is to prevent abuse by consultancies, I think this effectively kills the H1B program. Who will be able to afford this?
Not startups. 100k is like 75% of base comp in most bay area startups
Among BigTech, maybe like ~20 companies will be willing to pay this per employee.
nine_k6 days ago
So startups often bring in H1B employees? What prevents them from hiring the same great people remotely?
pcl6 days ago
Time zones are probably the biggest limiting factor, followed by remoteness. In my experience, it's really hard and pretty slow to onboard a remote worker if you haven't already worked with that person in the past. And at a startup, you don't usually have the luxury of time on your side.
nine_k6 days ago
Basically all of South America is in US-friendly timezones. I worked with a few quite bright folks from Argentina, for instance.
I suspect that flying someone from Buenos Aires to SF or NYC for onboarding and then and back would cost significantly less than $100k.
Remote work from Europe is harder in this regard, and from India... would be night shifts only.
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giveita6 days ago
If you hire someone in say Australia you would be subject to its fair work act, and its courts. You'd need to sus out the tax situation too.
What if they are a contractor? Well usually the law treats these things like ducks and asks if they quack. If it quacks like employment it is subject to that law.
vrmiguel5 days ago
I find that Employers of Record (EoR) make this a non-issue.
I work for an American startup, remotely from S. America. I'm hired according to the (extensive, and expensive) local labor laws, while my startup likely knows absolutely nothing about the intricacies of how my countries' labor laws work, the EoR just handles everything and sends the employer a bill every month.
Sevii6 days ago
It's not a bad thing if FAANG gets every single H1B visa. There has long been a complaint that FAANG is willing to pay 300k+/head in salaries but instead Cognizant gets the visa and pays 60k/head. If we have a limited visa pool it makes no sense to give visas to low paying employers until FAANG is completely saturated.
kelnos5 days ago
Do startups often hire H-1Bs? I've only worked for a few, but they didn't start hiring H-1Bs until they we're fairly sizeable and had taken on a couple rounds of funding.
Certainly the $100k fee is going to make the application much more expensive (though you can amortize it across 3 or 6 years, right?), but it was already not exactly cheap to deal with the legal costs around H-1B employees.
> Among BigTech, maybe like ~20 companies will be willing to pay this per employee.
I think that's a vast, vast underestimation. Most companies, even not-so-big ones, will continue to pay it. Maybe they'll think twice a bit more for future hires, and try harder to find someone local, which I don't think is a bad thing. Or, of course, this could just represent another factor in downward wage pressure across the board, which is bad.
jusgu5 days ago
It’s 100k per year not per application. So you won’t be able to amortize across 3-6 years
cryptonector5 days ago
But the EO is only good for one year, and anyways it's always subject to change, next week, next year, next President.
zer00eyz6 days ago
> Not startups. 100k is like 75%
I dont know of a single person here on a visa making less than 150k salary. They get the same stock, bonus and benefits that every one else gets.... it's well over 300k to have that staff member when all is said and done.
You're not adding on 100k a year, you're adding on 100k for a 3-6 year employee.
Even if that works out to 20k a year, it's pocket change in the grand scheme of things.
jatins6 days ago
> I dont know of a single person here on a visa making less than 150k salary
Don't have data on this but anecdotally the base salary range for most YC startup jobs advertised here is around 150k-200k based on what I see.
You are right that it does amortize if the employee stays long enough.
kelnos5 days ago
> it does amortize if the employee stays long enough.
And I expect workers on H-1B change jobs much less frequently than citizens & green card holders (and holders of "safer" visas), since changing jobs on an H-1B involves more risk that can end up with you being required to leave the US.
leakycap6 days ago
I don't think there is any reasonable evidence to suggest that most workers here on H1-B visas make more than 150k median salary, much less that they are awarded similar options as other employees.
I'm glad to hear this has been the environment you've worked in, but I don't believe it reflects the majority of skilled workers in the US on H1-B.
cyberax6 days ago
The H1b salaries are public. And the L4 prevailing wage for software engineers in the Seattle area is $200k.
H1b also only takes into account the actual salary, it completely ignores stock bonuses.
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Sevii6 days ago
H1-B visas go to more jobs than just software engineers. I totally believe H1Bs in the tech industry (startups, faang) make 150k median.
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deadbabe6 days ago
If it’s pocket change then why not also pay the domestic employees $20k more a year?
zer00eyz6 days ago
Because the person they are importing is probably brighter than you. If you're talented and smart you come to the US and likely the Bay Area (or west coast) to work in tech. Why? For the same reason that baseball players all end up in the US and Soccer players end up in Europe: they all want to play against, and with the best in the big show.
All the H1B's I have worked with are whip smart, hard working, and in general amazing people. I cant say the same for all my localy sourced colleges. The tragedy of the economics in most of these cases was that they were making the same amount of money as their peers and not more...
In a lot of cases companies are getting a Steff Curry or a Lionel Messi and paying them the average of the rest of the team...
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fooker5 days ago
Yeah that would have been the way to go, if not for two generations of dumbing down the American education system.
kelnos5 days ago
Why would they, if they don't have to? What a strange question...
peripitea5 days ago
If you listen to the interview Trump & team gave, it's $100k per employee per year.
robofanatic6 days ago
>I think this effectively kills the H1B program.
That exactly is Trump’s intention, no?
jpadkins6 days ago
No, his campaign pledges stated:
6. Ensure Our Legal Immigration System Puts American Workers First Republicans will prioritize Merit-based immigration, ensuring those admitted to our Country contribute positively to our Society and Economy, and never become a drain on Public Resources. We will end Chain Migration, and put American Workers first!
https://rncplatform.donaldjtrump.com/?_gl=1*18i1due*_gcl_au*...
He has been pretty good at sticking to his campaign promises.
Rohansi5 days ago
I don't see how nearly killing the H1B program goes against that pledge. If anything it sounds like something that they could spin as following this pledge.
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intermerda5 days ago
> He has been pretty good at sticking to his campaign promises.
I wouldn't be too surprised if you genuinely believe that Ukraine war has been over since Jan 20 and that grocery prices are at all time low.
rr8085 days ago
My mega corp employer has started an office in Mexico staffed with mostly contractors from India. Makes sense to have in the same timezone and much cheaper than our other low cost office in Texas that has mostly h1bs.
yahoozoo5 days ago
Offshoring will probably get tariffed next.
iancmceachern5 days ago
This is really smart. Plus you can truck freight across the border, you don't have to fly stuff. There are whole manufacturing cities setup on the border for these kind of setups.
rr8085 days ago
These are IT workers doing programming and support for the US company.
ChrisMarshallNY6 days ago
Boy, that's going to be a popular rule. I'll bet K Street is getting their engines gassed and greased for this.
I'm deeply unhappy about H1B abuse. I've watched it happen, in front of me. It's definitely a real thing. But I also worry about the legit folks, that want to take advantage of it.
consumer4516 days ago
Yeah, this is one of those things where the abuses have real negative consequences for our country.
However, when used by people that we (theoretical, rational economic actors) actually want here… those truly exceptional people who may not look exceptional on paper… Well, getting those people here has been one of the magical things about the United States of America, so far.
Messing with that is dangerous. It needs to be done, but it needs to be done very surgically.
mikewarot5 days ago
It's obvious to me that the problem with H-1B visas is the same as that of undocumented workers, in that we've created a second class of people who are trapped in a system seemingly created specifically to exploit them, while simultaneously making things worse for the rest of us.
It's my opinion that anyone already here should have a path towards citizenship, or legal permanent residence. The exploitation of people needs to end, and the dignity of everyone in this country should be respected.
Of course we need to have rules, and borders that are secure. It's unreasonable to want to abolish them or close them completely.
bettercallsalad6 days ago
> India was the largest beneficiary of H-1B visas last year, accounting for 71% of approved beneficiaries
Having worked with the recent generation of Indians, I can safely say this can be a good thing. Baseline morality and work ethics for many (not all, but many) in the recent generation of Indians are so low. It’s a generational shift that I can tell. Get rich quick, wannabe try too hard to fit in and have fun with wild Wild West mindset that just has a completely different tone from earlier generations of hard working Indians who helped build some of the major products we use today.
jimmydoe5 days ago
That’s applies to the USA and rest of world not just India or China.
yks5 days ago
Yeah, "those others are less ethical than us Americans" doesn't pass muster in 2025. Reminds me of the anti-immigration arguments from the days bygone, that the immigrants coming from the corrupt authoritarian countries will vote against democracy in the US. While it might be even true(!) voting against democracy certainly came from the natives first, fast and furious.
bettercallsalad5 days ago
That is an intellectually dishonest argument. You are invoking whataboutism knowing full well it doesn’t serve anyone well.
These kids that come from often wealthy or upper middle class families with faith and cultural grounding would be far better off in their life trajectory (and country as a whole with brain drain) if they stayed back, led innovation in their own country, and pushed their corrupt bureaucratic government ecosystem to change. Instead of opting for a mediocre hedonistic lifestyle in the west where they know they have no lasting stability (mind you it is 100+ years wait time for many in the current immigration process to get green card), often get stuck working in the same company and not able to move, can’t start things on their own again because of visa rules.
No one wins in this in the long run. Except maybe some corporations.
sul_tasto5 days ago
Relations between the US and India have been strained recently because India refuses to implement sanctions on Russia for the war in Ukraine. I wonder if there is a geopolitical motive behind the timing of this decision.
RhysU5 days ago
I suspect the administration is indeed playing chess like you suggest.
This H1B policy will put internal domestic pressure on India to put sanctions pressure on Russia. If so, waive the fees for the Indian consultancy firms. Anytime India lets up on sanctions, the fees will come back.
Either the US will get the sanctions it seeks or it will get a revenue stream from a policy that plays well to many US voters.
hkpack5 days ago
> because India refuses to implement sanctions on Russia
That was a stated reason. The real reason was that Narendra Modi didn't want to nominate Trump for a Nobel peace prize for his participation in India/Pakistan conflict and even acknowledge Trumps involvement.
All while Trump keeps talking that he stopped a war and deserves the prize.
carabiner6 days ago
It's downright scary working with indians in a highly regulated industry. "Can we pretty please (with a cherry on top) [do something that bends or breaks federal regulations on national security or public safety]?" No, we fucking can't. Couple that with the occasional browbeating or hierarchical scolding.
hedayet5 days ago
I have seen an endless stream of unqualified people scamming and abusing H-1B, O-1, EB-1, and EB-2 programs — you name it. I can understand why the average American might come to resent these programs.
On the other hand, I know many highly talented immigrants in the USA whose contributions to society would be missed if they just couldn’t focus entirely on their work - let alone if they were kept out of the country altogether.
My point: They have identified the right problem (H-1B abuse), but the proposed fix is too drastic and undermines sustainable trust between immigrants and the country. I’d like to be proven wrong, though.
If you don't want to read the pre-amble, you can skip straight to the second "Accordingly" to see the details.
l___l5 days ago
"One software company was approved for over 5,000 H-1B workers in FY 2025; around the same time, it announced a series of layoffs totaling more than 15,000 employees. Another IT firm was approved for nearly 1,700 H-1B workers in FY 2025; it announced it was laying off 2,400 American workers in Oregon in July. A third company has reduced its workforce by approximately 27,000 American workers since 2022, while being approved for over 25,000 H-1B workers since FY 2022. A fourth company reportedly eliminated 1,000 jobs in February; it was approved for over 1,100 H-1B workers for FY 2025.
American IT workers have reported they were forced to train the foreign workers who were taking their jobs and to sign nondisclosure agreements about this indignity as a condition of receiving any form of severance. This suggests H-1B visas are not being used to fill occupational shortages or obtain highly skilled workers who are unavailable in the United States."
This speaks for itself.
hyperadvanced5 days ago
Yep. This abuse of H1-B is so obviously egregious.
aesbetic5 days ago
Its a proclamation, not an executive order. This is important to keep in mind because Congress granted explicit statutory authorization to the President in the Immigration and Nationality Act 212(f) and is unlikely to be cut down by the courts for this reason:
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."
Also interestingly, it seems to only explicitly impose restrictions on entry into the US. But most visa holders are already in the country, and atleast according to this proclamation, they'd be unaffected.
jghn5 days ago
People seem to be missing the part where DHS reserves the right to allow exceptions for any company they desire. Now they have another way to play favorites.
SpicyLemonZest5 days ago
I and I hope a lot of other people will be demanding that the CEOs of all companies on that exception list go to prison in 2029.
science4sail5 days ago
2029? Wouldn't that be in the Vance or third Trump administration? Why would they send those CEOs to prison?
rokkamokka5 days ago
Another way to solicit donations, let's say
pwarner5 days ago
Donations you say?
rideontime5 days ago
Bit ridiculous that this article leaves as a footnote that this rule change is illegal and likely to be struck down by the first lawsuit.
freetime25 days ago
Apologies if this comes across as pedantic, but it isn’t a footnote. It’s part of the actual article, just included near the end in the “Looking Ahead” section. If they omitted it entirely or put it in an actual footnote, then yes I agree that would be a noteworthy omission. But it feels extreme to call it ridiculous when it’s right there in the article.
The other thing I’ll say is that even if this is struck down by the courts (which is not certain give the Supreme Court’s recent support for the president), that can take a while and this could still have a real impact on people. Many people thought the president imposing tariffs was unconstitutional, but as right now those tariffs are actually in effect. Companies that employ H-1B workers (and the workers themselves) will need to start planning for this immediately regardless of whether or not it is eventually struck down.
The last thing I’m wondering is when you say it’s ridiculous, do you just mean sloppy reporting? Or are you implying that the author has some ulterior motive? And if the latter, what do you think that ulterior motive is?
LPisGood5 days ago
I think it is kind of a footnote. Many things this administration has done are illegal and struck down by the first lawsuit but later let stand by a friendly Supreme Court.
justinator5 days ago
And should be added, let stand by the Supreme Court without given a reasoning on why it stands. Just all shadow dockets.
Corruption by another name. The canary is already dead.
twothreeone5 days ago
How is a president winning the election and then packing the SC corruption? It's not like people didn't have a choice, they did vote for the guy. Twice!
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fastball5 days ago
Can you give an example?
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softwaredoug5 days ago
That's true on administrative state issues (Trump being allowed to fire people in the exec. branch). It's not clear this is a 100% guarantee for everything beyond that. (Maybe a 65% guarantee).
paxys5 days ago
The trump administration has not complied with any unfavorable court ruling about immigration why would they care about this one?
rayiner5 days ago
The one ruling they arguably didn’t comply with was overturned by the Supreme Court, who held the district court didn’t even have jurisdiction in the first place.
SpicyLemonZest5 days ago
They've complied with a number of unfavorable court rulings about immigration, but precisely because that's what they're supposed to do it goes much less viral.
paxys5 days ago
"Yeah they're breaking laws, but why aren't you talking about the ones they are following?"
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ahmeneeroe-v25 days ago
Not likely. It appears this rather awkward method is actually built to keep this well within the president's power
sixothree4 days ago
Maybe they felt it would automatically be implied.
yalogin5 days ago
Interesting. Does this also require a law to be passed?
reply00r1235 days ago
I ran into a guy making double six figures for like the last 7 years at a known public tech company. He was literally doing the most basic DevOps (Terraform). Nothing fancy. Zero ability to program. No willingness or desire to learn programming. He was an H1B. That blew me away. How is it possible that you have a guy in the US for 10 years who never bothered learning to code doing a 200K / year job. The abuse of H1B is crazy. He told me he had "tried to find a job" but "they all require programming." I am not even a tech background and I have learned to program. Completely insane imo. This was stuff you could teach a highschool student, no degree required.
zem5 days ago
as a long-time programmer, sysadmin/sre/devops is a whole different mindset and skillset. i would be neither willing nor able to do that guy's job; i don't fault him for not wanting to do mine. clearly since he keeps being paid his $200k/year he is delivering a lot more than $200k worth of stability and uptime to the company, no coding required.
peripitea5 days ago
How exactly is the system being abused by this guy being paid $200k?
throwacct5 days ago
I think the premise the OP is pointing at is that this could be a position for a US citizen.
peripitea5 days ago
That doesn't explain why it's abuse, though. How does the company benefit by paying this foreigner $200k + benefits + immigration fees/legal bills compared to hiring a US citizen? Abuse is e.g. bringing in cheap foreign labor at below US market rate. This is not that.
anigbrowl5 days ago
He's kinda smart though. Automating yourself out of a job is a mug's game, and not everyone wants to or should go into management.
SV_BubbleTime5 days ago
fwiw, which is nothing. If I saw one of my employees write lazy slacker nonsense like this, I'd fire them. I read some of your other posts in this thread, perhaps the issues with the world are closer to you than you realize?
anigbrowl5 days ago
That seems needlessly antagonistic on your part. I'm not advocating for his way of doing things, but the person described has clearly decided it's more in his economic interest to maintain a comfortable fiefdom than to engineer himself out of it. Having automated myself out of a few jobs in the past without much of a reward, I can't say his actions are irrational.
missedthecue5 days ago
Double six figures is a hilarious phrase
cuttothechase6 days ago
As a side effect, this could reduce the pipeline of foreign students coming in on F1 with plans to transition to a work visa over time.
F1 -> OPT -> H1 bridge is way more expensive now.
Universities are bound to lose a ton of money due to this. Those outside of the top 50 will likely get hammered.
crznthndr6 days ago
This is a bit like robbing Peter to pay Paul.
Yes, it brings in more income for the government at the expense of universities.
It’s a great way to remove h1b fraud and abuse but you do burn down a bit of your garage in the process of getting rid of the rat.
stackskipton5 days ago
Is it really at expense of universities? From what I understand, most are getting Master Degrees but very few are doing research. I've seen plenty of H-1B coworkers with Master Degrees but very few did research, it was just extra computer science courses.
cuttothechase5 days ago
Majority of CS/EE/MBA type grad programs across all universities are heavily enrolled by foreign students. Most of them end up paying out of state fee.
This is a significant chunk of revenue for many colleges to keep their budget in shape.
Even in conservative states, lots of colleges are reliant on this stream of income. A loss of this stream is going to put a strain on them to balance their budget, or seek more help from govt.
kelnos5 days ago
"At the expense of universities" may not be the plan for this one, but to the current administration, it's certainly a bonus.
johanyc5 days ago
Just like tariffs and the tax cuts
daft_pink5 days ago
I'm a little bit confused by the text of the proclamation. It says people outside the country have to pay a $100k fee. Isn't an F1 student on OPT inside the country and not subject to the fee? Or are they required to leave the country to apply and are subject to it.
The proclamation gives me the impression that foreign students are exempt from the fee.
johanyc5 days ago
They are not directly affected when applying for h1b but think about it what this means to both employers and students. It's a signal that immigration policy can change on a whim. For employers, hiring foreigners has always been cumbersome and now it's even worse due to the uncertainty. For students who starts working on h1b, you are in "immigration jail" in the US for years
daft_pink5 days ago
My understanding is that depends heavily on whether you’re from a quota country. If you’re from India, you’re in immigration jail for decades. If you were from Costa Rica, the H1B is much more decent path.
If this doesn’t apply to foreign US university students then this policy actually helps those students because it will free up spots in the lottery for them or eliminate the lottery, and reduce the quota line for quota country student currently studying.
cuttothechase5 days ago
Anyone on H1B who is working in US or is arriving into US for work will have to pay. F1 on OPT is F1 Visa and not on H1B. If they choose to get a H1B at the same time, if they use it to work then they have to pay.
johanyc5 days ago
I guess you didnt read the proclamation... 100k payment is only enforced at entry. F1 students when they are ready to apply for h1b are already inside the US
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malshe6 days ago
Yes, 100%. Also, many universities will find it impossible to recruit new faculty as most Ph.D. students are international students who end up working in American universities.
daft_pink5 days ago
American Universities are exempt from H1B fees. Anyone receiving an H1B to work at a US University is exempt from the fee and exempt from the lottery.
malshe5 days ago
The EO doesn’t say anything about exemptions for universities. It only says that the secretary of homeland secretary has the discretion to waive the fees.
srameshc6 days ago
This is going to kill H1B and immigration from countries like India, China and others for skilled workers. Even though $100K isn't a lot considering the overall investment that goes into hiring a full time employee, employers wouldn't risk that kind of money apart from all the document processing they have to. Maybe big tech will hire a few hundred every year but others won't even bother.
TriangleEdge6 days ago
> Maybe big tech will hire a few hundred every year ...
A few hundred? All of the tech companies I've worked for are > 50% Indians in the US. Especially in big tech. I could be wrong, but my understanding is there there is not enough software developers in the US, hence the temp workers. Is there expectation that the demand will drop?
desolate_muffin5 days ago
Well for starters, maybe my new grad SWE buddy with 2 YOE will finally find a job after being laid off for nearly a year.
sul_tasto5 days ago
There isn’t a shortage, they’re just trying to drive down wages.
gorbachev6 days ago
It is, however, a great opportunity for Canada and Western Europe to snatch all those people who now aren't able to come to the United States.
I know for a fact that multinational companies are expanding in exactly those areas (plus India) for exactly the reason that it's become very difficult to hire and move people to the US.
Those workers aren't paying taxes in the United States, and obviously the companies hiring people outside of the US aren't going to hire people for those positions in the United States.
mancerayder5 days ago
You think immigration in Western Europe is easy? It depends where, for one thing. It's getting more onerous and there are pressures to make it more so. How good is your French? More importantly, how might a 60K Euro/yr salary feel when you're paying 2-2500 a month in rent to be near work ?
Canadian salaries are also notoriously low in tech.
torton5 days ago
US is the outlier. Canadian tech salaries are much higher than European, and when working remotely for a US company the compensation overlaps the US salary bands very substantially.
However the ceiling in the US is so much higher that it still makes sense for many to tolerate the chaos and uncertainty of moving here for work.
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m_ke5 days ago
Yeah it's even worse than that. These big cos will be incentivized to move whole teams out of the US since it will be easier to hire from other countries for offices in Paris / Zurich / Warsaw / etc.
kelnos5 days ago
Isn't that already the case, though? Offshoring has been a thing for decades, but companies clearly prefer to have employees on site, in the US, if possible.
Yes, this new fee will make that more expensive to do, but I'm not convinced it will no longer be worth it for most companies.
kelnos5 days ago
Right. The current problem with H-1B is that we end up with a wide range of talent, ambition, and work ethic among the people brought in on that visa. In my experience, the total mix is not much different from the range you'd find in US-born workers. But we should be granting visas to the best and the brightest to come here.
I wouldn't mind a new policy that would raise the median "quality" of the H-1B visa holder, even if that meant the total number is lower. Sure, Canada and Western Europe can take the mediocre people we'd no longer be granting visas to, but so what.
But this $100k policy is not going to increase the median quality of candidates. I actually don't think it's going to have a huge affect on things; it's just a token effort to "do something" that Trump's base will eat up, and he'll declare it a success even if there's no improvement or it makes things worse.
insane_dreamer5 days ago
I don't see it as a negative. If they're exceptionally good, they can get an O-1 visa.
SV_BubbleTime2 days ago
>This is going to kill H1B and immigration from countries like India, China and others
Surely, that could not possibly be the point!
conception5 days ago
100k/yr.
btbuildem5 days ago
Everyone is discussing the merits and downsides of this, but I'm yet to see the obvious be pointed out: it's extortion.
It's interesting to read all the analysis in the comments, but I think people are giving far too much credit to the admin in terms of having considered the impacts, the effects, some kind of desired direction for things to move, etc.
It's really much simpler than that: the mob boss has to get a cut of the action. One clue is the "fee" being annual, not one-time. Another tell is that there are no details as to what the collected money will go towards.
apwell235 days ago
so when you pay money to govt ( taxes ect) they tell you what exactly thats going towards?
What kind of BS is this :)
guywithahat5 days ago
This might be one of the smarter things this administration has done/is doing. It will cut down on fraud, and ensure the position they're hiring for isn't just some mid-level engineer. H1B applications should be a source of tax revenue, beyond standard taxes.
I sort of wish it had been done 15 years ago but better late then never.
bamboozled5 days ago
I personally think it will be abused to bring in highly undesirable people , because it will turn into a $100k ticket for criminals.
SideburnsOfDoom5 days ago
Of course, that's pretty much how the current administration thinks, see also the "Gold card visa" (1).
Specifically, the thinking "Money coming to us is desirable, therefor people who give us lots of money are by definition not undesirable people".
Well, at least dollars are more easily quantified than ethics.
The actual proclamation [1] is very narrow: a $100k surcharge on new H-1B petitions for workers outside the US. It’s a one-time hit tied to the petition. It does not say “annual.” It does not drag in renewals or transfers for people already in status.
Boundless is technically right that a $100k fee exists, but the piece glosses over the narrow scope and leans into speculation. It frames the fee like an ongoing tax on every H-1B, which just isn’t what the proclamation says. The difference matters: a one-time petition fee is brutal enough, but calling it annual misstates the policy and inflates the impact.
> Lutnick also repeatedly said on Friday that the fee would be annual for companies, while the White House official said Saturday that it’s a “one-time fee that applies only to the petition.”
> In her Saturday afternoon post, Leavitt clarified that the payment would only be a “one-time fee” — not an annual one.
> Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
aesbetic5 days ago
I don't see your point, the section describes a restriction on "entry into the United States". Most H1b visa holders are already in the US so this doesn't apply to them.
bpye5 days ago
Except lots of people travel outside of the US for tourism, business, to see family, due to family emergencies, or - critically for H1Bs - to renew their visa.
bolasanibk5 days ago
Any idea what is considered a petition? New h1b? Transfer? Extension?
nimih5 days ago
It's the thing you do to apply for the visa. You may worry that, because there is no language in this section specifying which visas this travel restriction applies to (newly issued/renewed, etc), and because of the inclusion of the word "supplemented," that this travel restriction applies broadly to all issued H1-B visas. And, well, the immigration lawyers at Microsoft[1] seem to share that worry.
It's not just for new petitions, it's a requirement for _entry_ into the US. So, someone on an _existing_ H1, just traveling out of the country means you need to pay $100K to re-enter the US.
laughing_man5 days ago
I keep hearing how reduction of the H-1(b) cap will keep singular talent from coming to the US. If you're genuinely hiring the best in the world for a critical role in a billion dollar project, $100k is a rounding error.
Judging from the reaction, it's almost like what the program really gets used for is to replace domestic workers with desperate, barely-qualified foreigners.
decimalenough6 days ago
Instead of a flat fee, they should just auction off the visas, highest salaries win.
This has been proposed before and I don't really see any downsides. If your company really needs them, just pay them what they're actually worth.
leet_thow5 days ago
I believe there is upcoming legislation along those lines and that the adjustments announced today are those within the executive branches purview.
guywithahat5 days ago
I like the idea of an auction, but why would we not charge a significant application fee? It ensures the company is serious about the position, and it raises money citizens won't have to pay. A high fee/tax seems like a win-win
scheme2715 days ago
This insures that tech and finance get all the visas. A lot of things like rural medicine gets staffing through h1b sponsored physicians and likewise for post-docs and researchers. If this gets implemented across the board, a lot of science is going to disappear and a lot of medical care (especially outside of cities) is going to get a lot worse.
peripitea5 days ago
Don't worry all those rural hospitals are about to shut down anyway.
digianarchist4 days ago
They should cap visas issued by sector or DoL job families. It's way too skewed towards tech.
HanClinto6 days ago
Wow, I really like this.
osnium1235 days ago
Won’t this mean that companies will move jobs to India, China or even Canada?
kevin_thibedeau5 days ago
I had a former employer with an Indian subsidiary for this very purpose. The problem is that there is no loyalty to the company and it becomes a revolving door of inexperienced people who couldn't get into H-1B. Always fun when they lie you about testing a feature that you haven't implemented yet. Incidentally, they also introduced ransomware into the entire corporate network (domestic IT was also barely competent).
Philadelphia5 days ago
Most companies, even fairly small ones, already have a substantial number of contract tech employees in India, Eastern Europe, or South America.
LPisGood5 days ago
Why did they not do that before, if it was feasible?
588edbdf5 days ago
Because H-1B workers had the ability to demand higher compensation via sponsorship and relocation to the US. Employers could say "no we won't sponsor you" but these workers are in demand due to their technical skills and could counter with "then I'll join another company that will".
If you remove the option for sponsorship then these workers will still be working their jobs because they're talented and in demand, they'll just be doing it from their home country instead for lower compensation.
LPisGood5 days ago
Clearly companies place a dollar amount on how much they value having people work in country, otherwise they wouldn’t bring people over.
I think this move makes it likely companies will hire more expensive domestic workers.
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yodsanklai5 days ago
They do that already, lots of US tech companies have SWEs outside of the US. With the new policy, it will add incentive to do it even more. Companies will have to either lower the hiring bar or hiring offshore.
Aeolun5 days ago
It didn’t save them 100k/worker per year at the time. That is a lot of motivation.
LPisGood5 days ago
Hiring non-H1B visa workers would also save them 100k/worker.
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ranger_danger5 days ago
I could be wrong but OP might be implying that hiring foreign workers in their own country might have always been much cheaper.
Would you rather pay your devs a living wage for India, or for the US?
bushbaba5 days ago
Saved them more than 100k/year/worker
rayiner5 days ago
Because doing business in India isn’t that great.
closeparen5 days ago
Silicon Valley's big H1B employers also have international engineering sites. US teams tend to pull in their favorites from the international sites, and the international sites can use the possibility of relocation as an incentive.
nvrmnd5 days ago
before there was no $100k/year cost to H1Bs, see post title.
Tiktaalik5 days ago
They do already. British Columbia is a really good place to open up shop because it's on the same time zone as Silicon Valley. Many companies have done so. I'm surprised there haven't been more tbh, but maybe now with this change we'll see an acceleration.
lttlrck5 days ago
Of course it depends on the nature of the business but push that too far and you can lock yourself out of projects that require work to be performed on US soil.
I work for a very small company and we've seen by that stipulation a couple of times on anything _remotely_ close to defense/MIC/security.
And the administration can tighten those screws further if it desires.
(I am the only H1B in the history of the company, now a citizen. It would have been impossible to have taken this path with this alleged financial burden)
Nope, it means the people that would have gone to US will to to Canada instead.
1over1375 days ago
Canada has reduced immigration a lot recently though.
Tiktaalik5 days ago
Canada is going through a bit of a moment in scaling back relatively unskilled immigration as it became clear a there were heaps of scam colleges bringing in folks to get useless "hotel management" degrees etc, but IMO there will be sustained interest in Canada in continuing to have eased immigration pathways for real engineering talent.
herval5 days ago
Brazil and Canada will absorb a lot of big tech headcount. Google et al are already moving lots of headcount to both countries. This will accelerate it, even if it’s struck down
irusensei5 days ago
Maybe Canada but Brazil doesn't have political and economic stability for this.
gverrilla5 days ago
Source?
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dismalaf5 days ago
They've already had the option to do this all along...
jppope5 days ago
this news is tied with the tax code corrections... All R&D work in a foreign country is to be depreciated over 15 years, it can immediately be depreciated for an American worker.
fooey5 days ago
the PE who bought the company I work for already have a large Indian subsidiary and effectively require a 1:1 ratio
bitsage5 days ago
The cost of hiring in the US versus elsewhere is already greater than $100k for the type of tech firm that can just open an international office. I took the base salaries of Google SWEs on levels.fyi for NYC, London, Bengaluru, and Toronto, multiplied them by the standard 1.4 for overhead, and realized the US is already significantly more expensive than most developed countries, let alone the Global South. Companies clearly value employing in America despite the cost.
sudditer5 days ago
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nikkwong5 days ago
I think one important distinction that I haven’t seen mentioned here much is that there is a big difference between handing out h1bs to cognizant employees vs students who did masters programs in the US and are working as direct hires in faang companies. In the latter case, these workers have already invested tens if not hundreds of thousands into the US as well as many years before even making a dime. This cohort is much more incentivized to stay in the US and contribute over the long term. They are also not ‘abusing’ the h1b program at all, because they are getting paid the exact wages as their US counterparts, unlike those at BigTechConsulting.
Smarter policy would be to looking into targeting the actual exploitation, where it actually exists (if it’s deemed that the externalities are truly negative), like the outsourcing to cognizant. Of course, we are living under the rule of probably the most inept president in any of our lifetimes; so he doesn’t act methodically, only reflexively to once again reduce US competitiveness over the long term.
nikkwong5 days ago
And not to belabor this point, but he’s doing such one-dimensional math here by thinking of the immigration scenario as zero sum. Trump has clearly lost the plot. What he is failing to consider is that the US is in a long term ideological war with our biggest enemy China, and our best hand in this game is stealing their best and brightest to live in the west and have them to learn and love western values; which they will use to influence their friends, families, and social media circles back at home.
I’ve seen this happen with just about every friend of mine who has immigrated from China to the US and the effect that it has on their immediate network carries significant weight at shifting their perspective. Xi is not popular at home, and the west should be doing what it can to increase domestic Chinese instability in the same way they’re doing to us (very successfully). Rather, he is hell bent on unifying them to hate America.
There’s an ideological war happening and our president is not only too stupid to play ball but he’s also interested in giving up the hand of cards we already have. He is a true and utter moron and it’s hard to understate my level of disgust.
s1artibartfast5 days ago
If H1B numbers stay the same, but more are going to 300k/yr jobs instead of 60k/yr jobs, then that is a win for brain draining the rest of the world.
tolmasky6 days ago
Perfect number to make H1Bs a tool that is out of reach for startups but still meaningful for large entrenched corporations. Nailed it. Maybe they can even waive the fee if you give the US government 10% of your company.
dilyevsky5 days ago
University hiring is basically rekt. Throwing out baby with the bath water per usual with this admin...
kelnos5 days ago
How much does university hiring depend on H-1B? I would expect much of that comes through O-1 or EB-1/2/3, no?
jltsiren5 days ago
H-1B is the default visa for international faculty hires. You can get it in a few months with relatively little effort. O-1 is more expensive, takes longer to get, and requires more effort from the applicant. Then there is the subjective approval process that involves a degree of risk, and in the end, you get a slightly inferior visa.
Green cards are almost useless for hiring, as the processing times are too long. "We would like to offer you this position, but conditionally. We still need a year or two to handle the bureaucracy, and we can't say for sure if we are actually allowed to hire you. Please don't accept another position meanwhile."
fooker5 days ago
No, pretty much all professors who used to be international students or postdocs are on H1B.
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apwell235 days ago
lots of immigrant kids are in uni now. all my cousins are doing cs now. look at latest batch of yc founders.
etothepii6 days ago
An equity minimum would deal with this.
JCM95 days ago
Companies have abused the program. At the top end it’s an excellent program, and then there’s the rest where companies are making fake claims that they can’t hire Americans and need to import folks. This is what the administration is cracking down on. The idea isn’t crazy IMHO. If you want to import someone vs hiring and training an American then pay an extra $100k. If the skill is truly needed and rare companies will do that. If it’s not, then pay up.
Some saying companies will just offshore the roles but I doubt it. That was always much cheaper… if it was just about cost they would have done that already.
givemeethekeys6 days ago
It hasn't happened yet. All the big money in America says that it will either never happen or won't last longer than a few weeks.
charles_f6 days ago
I'm not saying that I don't agree with the apparent logic, but the same argument was made about tariffs, yet here they are and there they staid.
kelnos5 days ago
> the same argument was made about tariffs
By all accounts those arguments were pretty correct, no? The tariff rollout was delayed multiple times, changed multiple times. What we have now doesn't very much look like what Trump announced back in March/April.
And the tariffs may disappear soon, depending on SCOTUS. Not that I depend on SCOTUS doing the right thing anymore, but I'm willing to be pleasantly surprised on this one.
SpicyLemonZest5 days ago
Huh? What we have now looks almost exactly like what Trump announced back in April, except for the (admittedly important) USMCA exemption. What other differences do you perceive?
password543215 days ago
The cat is out of the bag. Either tension is going to keep rising on their country turning into an all you can eat buffet or something is going to change fast. This is not nothing.
lastofthemojito6 days ago
The TACO president doesn't just back away from a bad idea without announcing he got something in return. He'll declare exemptions or delays for companies or industries that kowtow to him in some way - maybe he'll demand these companies make contributions to "non-woke" engineering universities or remove "DEI hires" from their boards, who knows.
aylmao6 days ago
Unrelated, but I don't get the "taco" thing. I'm Mexican— it's a head-scratcher that people use the name of our food as an insult to Trump. He doesn't look like a taco, and the acronym is a sentence, not an adjective/phrase, so it doesn't make much sense spelled out in most contexts.
adleyjulian6 days ago
RINO republicans don't look like rhinoceros. That the word makes no sense by itself means that you'd have to ask what they meant by it. If the acronym were "DUMB" or "CLOWN" or whatever then I don't think it'd stand out as much.
Also, you're right that it's often used in a way that wouldn't make sense grammatically if it were written out, but that's true for most acronyms I think; e.g. JPEG or GIF.
"Look at this funny Graphics Interchange Format I just sent you!"
fooker5 days ago
> He doesn't look like a taco
Now that you say, I can see some similarities with Al Pastor.
- Trump Always Chickens Out Before Eventually Losing Loudly
Multicomp6 days ago
taco is an acronym that stands for the phrase trump always chickens out, it was coined or popularized earlier this year when Trump backed off of The Liberation Day tariff stuff when the bond market got nervous.
aylmao5 days ago
Surprised I'm getting downvoted by this.
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llm_nerd6 days ago
Eh, Trump's administration is so cravenly corrupt and incompetent in every facet and manner that I think it will happen, purely because it's one of those "throw 'em a bone" tactics for the commoners. It's the same reason the aggressive ICE actions have redoubled.
And FWIW, I think the H1B program, like the TFW program in Canada, is outrageously corrupt and has zero legitimacy, and the laughable foundations that people use to justify it -- namely a completely unsubstantiated labour shortage -- is such a ridiculous lie that it deserves to be obliterated. It is a way for the ultra-rich to stomp on worker rights and compensation.
kelnos5 days ago
> I think the H1B program [...] has zero legitimacy
That's demonstrably false, even just by my own experience with people, so not sure I can take what you're saying seriously.
Yes, there's corruption and abuse, but I've also worked with some fantastic, excellent, smart, ambitious, hard-working people on H-1B visas. They would not have been in the US without it.
I've also worked with some mediocre fools who were on H-1B visas. That's the problem we should be focusing on, and there's no need to throw the baby out with the bathwater.
pratyushnair015 days ago
I think there's a lot of visible frustration (and sometimes racism) in tech discussions online, due to the bad economic climate. This is visible across different platforms. In the past year, I've seen massive rise in people making outlandish claims like this. I expect the trend will grow and soon they'll find a new scapegoat.
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famerica6 days ago
Anyone who has been paying attention to anything could tell you the same thing.
checker6596 days ago
I think this is great news for countries like Canada and UK.
leakycap6 days ago
It is incredible to me that there are hundreds of US-centric comments and yours is the only one I saw who recognized the benefit for basically every other country people want to live and work in.
Izikiel435 days ago
> Canada
It's not doing really well though, COL is sky high, and wages are low.
stackskipton5 days ago
And I've talked to a few Canadians, despite the Liberal party winning, there is real push for Canada to severely restrict immigration and that is currently happening.
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oytis6 days ago
Not for tech workers from these countries though.
yodsanklai5 days ago
If more jobs are created in these countries, it doesn't mean the local tech workers will be replaced.
JasserInicide5 days ago
it doesn't mean the local tech workers will be replaced.
You're right because that totally didn't happen to varying degrees in various industries in the US...
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phatfish6 days ago
Hardly, the Indian government weaponises their diaspora in the same way China does.
declan_roberts5 days ago
They already pay 50%-70% less there than in America. Not much juice left to squeeze.
pyuser5835 days ago
UK is insanely hard to immigrate to. Canada is getting more and more difficult by the day.
This insanity seems collective.
checker6595 days ago
UK is not hard to immigrate to. You just need to pay a heft sum for the visa and NHS surcharge.
dustbunny5 days ago
> Canada is getting more difficult
How so?
Tiktaalik5 days ago
Seriously as someone with no interest in moving to the USA this is fantastic news.
Open up studios in British Columbia and hire the relatively cheaper labour. It's on the same time zone as Silicon Valley. It's a no brainer.
y-curious5 days ago
Oh no, Canada, don't take my low-paid, equally-skilled and desperate-to-stay-at-one-company competition from me! /s
the_real_cher5 days ago
haha so true
ChicagoDave6 days ago
This will only drive jobs offshore and reduce the H1B population. It doesn’t solve any problems.
This is literally the dumbest administration this country has ever seen. Between tariffs and immigration and now this, it’s like they don’t even know what the consequences of their actions are.
TMWNN5 days ago
>This will only drive jobs offshore
This was true before and after today.
Put another way, if all the H-1B jobs really can be offshored quickly and easily the way so many Indians and anti-Trump people here and elsewhere confidently predict, *that would have happened already*.
ChicagoDave5 days ago
There’s a fundamental difference in talent. H1b talent is often upper class scions from India or China. Offshore talent has always been leveraged for support or staff aug.
It’s entirely possible some H1b’s would happily pay the $100k if they had a guaranteed visa for 5-10+ years, but the vast majority will simply go home and work remotely.
But I believe the effect of this extortion will be a brain drain on U.S. fortune 1000 companies and that will push those same companies to build off shore offices, completely avoiding the administration’s goofiness.
donkeybeer5 days ago
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krmboya5 days ago
The H1B path has always been harder than hiring remotely/offshoring
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Jcampuzano26 days ago
With how inconsistent and on and off this administration has been I expect this will probably never happen, or there will be exemptions to this for every company that this was most abused for and just sucks up to the president.
Until anything actually happens there's no reason to take this president at his word.
Braxton19805 days ago
>Until anything actually happens there's no reason to take this president at his word.
Why? Trump was known for "telling it as it is" so shouldn't the assumption be that it will happen?
dragonwriter5 days ago
> Trump was known for "telling it as it is"
AFAICT, the people that promoted him that way often had mutually incompatible interpretations of what he was saying that happened to fit their own biases coming in, which they felt like Trump was agreeing with.
And as the rubber of vague, contradictory, and incoherent statements hit the road of substantive action, that impression became a lot less common.
yodsanklai5 days ago
There's been tons of silly statements from Trump that never got implemented.
jiub5 days ago
The executive order says that companies will be exempted based on discretion of executive branch. So it won't apply to any company that kisses the ring.
myrmidon5 days ago
One thing that really pisses me off about the whole populist anti-immigration stance is how thankless, hypocritical and selfish the whole thing is:
People want to avoid negative effects from immigration (cultural/language/crimerate)- fine.
But are those people acknowledging how much economical growth was driven by migrant labor over the last half century? Hell no. Would the average alt-righter be willing to sacrifice any fraction of all those compounded gains? Absolutely not- every dollar of tax is too much, even to pay a fraction of the damage that is and will be caused by them (=> energy price/co2 taxation).
As a self-identifying moderate patriot, selfish complainers of that ilk seem a worse plague on their nation than the immigrants they keep whining about.
happytoexplain5 days ago
This is an oversimplification and a pretty extreme case of over-categorizing people into groups. People who have problems with immigration aren't automatically alt-right. People who have problems with immigration understand that immigration has also historically provided economic growth - those aren't mutually exclusive things.
myrmidon5 days ago
I'm not saying that everyone critical of immigration is a selfish hypocrite, but "mainstream" alt-right (even/especially european flavors) appears that way to me.
lisbbb5 days ago
I never had a big problem with immigration until it ate literally everything in sight!
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lisbbb4 days ago
It's not xenophobia when there are real life issues caused by too much immigration. My kids' school district went from a top performer to now middle of the pack due to so much ESL demand that it basically overrode the budget, leading to cuts in all other programs, the loss of "honors" type classes in the curriculum, a major loss to art and music, and more levies, higher property taxes, more crime in the community, more traffic accidents, just more of every lousy thing. So it's not that I hate immigrants, I don't, but I see with my own two eyes the cost and it was foisted up on us. So call it whatever you like, but it's gone too far.
happytoexplain5 days ago
> if you're worried...
> you likely feel...
Thank you for the advice, but I don't worry about that, and I do not have that feeling at all. I don't experience any conflation with xenophobes in my real life. I find them repugnant, and vote against them and speak against them, except where we incidentally align. I am 90% liberal leaning (US liberal).
The fact of experiencing negative things that happen to be related to immigration (or employment/contracting) policy does not make you a xenophobe, generally speaking. Cultures can sometimes clash and economics have concrete effects on the American Dream - it's an unfortunate reality, but it is reality.
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yahoozoo5 days ago
Overall “economic growth” of a country is not nearly as important to most people as is their own _personal_ economic growth, opportunity, and stability. Culture, language, and crime rates also typically take priority over the nation’s macro economic growth. Most people don’t care because they are beginning to think a lot of this isn’t worth being the #1 economy in the world, plus nobody has ever explained _why_ it’s a bad thing if the USA isn’t the world’s premier economy.
snovymgodym4 days ago
"economic growth" and "GDP" are numbers on a spreadsheet which are only important to economists who serve the elite.
Meanwhile for the last half century the average American has seen declining wealth and wage growth when adjust for inflation, while elite wealth has grown immensely during the same time period. So who is benefitting from "economic growth"? [1]
This is due to many factors, but I'm wholly unconvinced by the neoliberal notion that high immigration doesn't undercut domestic wages.
$25K annual fee per H1B worker as opposed to $100K one-time would have made more sense. It would have made even more sense to have employers compete (within their own sector, such as tech, aerospace, etc.) such that whoever offers the highest salary will get the H1B worker.
TMWNN5 days ago
>$25K annual fee per H1B worker as opposed to $100K one-time
It's $100K per employee per year.
kelnos5 days ago
I think it's actually per visa. I know the linked article says per year, but other sources I'm glancing at seem to indicate it's an application/renewal fee. Actually, it's not even clear that you have to pay again to renew after 3 years; it might just be the initial fee.
caughtinthought5 days ago
Based on the language in the executive order:
"the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000"
It sounds like it applies every time you leave and enter, provided you are a nonimmigrant alien on H1B (which they all are).
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gowld6 days ago
Why within a sector? make everyone compete, and we'll find if any local workers want the high paying jobs. The H1B count can be increased to cover jobs that locals don't want even at high salaries.
azemetre6 days ago
Because there are some H1B workers that come over as translators or other non-tech professions. Like if you need a translator that speaks Swahili for some NGO it's way easier to hire a native Swahili speaker than possibly finding a qualified American that also speaks Swahili.
I do find it interesting that these trillion dollar companies can't find domestic workers, at their level of wealth they should simply be forced to pay for the education of Americans to create a funnel of workers rather than exporting this societal need to other nations.
kelipso6 days ago
There are a bunch of H1Bs working as teachers in my medium sized midwestern city, making around $50k. Then there are a bunch in the healthcare sectors making from $50k to $500k. I actually feel like they are legitimate reasons they are there, very difficult to get good healthcare workers in the midwest since no one good wants to go there.
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Amezarak5 days ago
There is a big problem with ethnic nepotism and ghost jobs. I have been struggling to get younger people in my network hired anywhere despite solid resumes. Continuing to issue H1Bs in the current job market was bananas.
breadwinner6 days ago
Why would locals not want high paying jobs? The question is whether qualified people can be found locally or not.
ToucanLoucan6 days ago
It's a severely under-reported aspect of this issue that a troubling amount of times, the issue isn't that Americans want too much money or just don't want to work, the issue is there are no Americans qualified to do the work you need to do who are looking for a job.
The Hyundai factory exposed this. The VISA'd employees (or non-VISA'd? I don't remember the details offhand) were only there in the first place overseeing the project because they literally could not find anyone qualified to do the fucking job in Georgia.
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kelnos5 days ago
This isn't about what makes sense. This is about finding a punchy number that sounds big and makes Trump's base happy. "$100k fee (that covers 3/6 years)" sounds more impressive than "$33k per year" or "$17k per year", so that's what they went with.
Ultimately this isn't going to do anything to reform the H-1B program; this is just trump "doing something", which he'll claim as a success (and his base will eat up), even if it does nothing or makes things worse.
newfriend5 days ago
It's 100k per person per year. And I am ecstatic.
breadwinner5 days ago
It is not, and don't be. If you were not previously qualified you won't suddenly be. The job will simply migrate overseas.
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Atlas6676 days ago
This will end what is essentially legal human trafficking by medium and large corporations.
Which is clearly a good thing, but I fear it signals deteriorating relationships with other countries.
jpadkins5 days ago
Do other countries really want the US taking their top talent? I am not sure this is bad for foreign relations.
Atlas6675 days ago
Legal human trafficking was good for capitalism (not for the trafficked or for US workers). Good for the capitalists' economy.
This just made it a little bit harder for american capitalists. No doubt there are nationalist concerns but also national security concerns behind this decision.
bottlepalm5 days ago
Good, but this still doesn't fix the flood of OPT workers (baby h1b's) that are crowding out Americans from getting jobs. I know, my company put out reqs for full stack devs, got hundreds of OPT candidates and are hiring them instead of domestic workers. You can't even discriminate against them as that'd be illegal. Good job America. They all have advanced US degrees, paying little for undergrad in India, while Americans are bankrupt from their undergrad. Unable to compete. The fact that they'll accept lower wages so they can upgrade to h1b's later is icing on the cake.
ojbyrne5 days ago
Seems to me the salient part of this is not being discussed:
“The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”
More command economy, more opportunity for graft.
angott6 days ago
I wonder how much of this was driven by public/media interest in the H-1B program rather than technical policy concerns.
For instance, there is still no action taken about the L-1B visa classification, which is a lot more open to abuse than H-1B is. It has no cap on how many visas can be issued every year. It also has no obligation to pay the employee a prevailing wage, no requirement for a bachelor's degree to qualify, and it cannot be transferred to a different employer (which means employees are stuck with their sponsor until they qualify for a green card).
slaw6 days ago
$100k fee is a good start. Trump doesn't know L-1B exists.
djohnston5 days ago
Ohhh no, how will we afford our sub-standard DBA cough I mean world class 1% talent?
none25855 days ago
To be fair, these generally are used to skirt hiring Americans at market price. I've personally written a few explanations on how "no American could ever fill this role" for a very standard product engineering role.
charles_f6 days ago
This debate is always discussed from an immigration angle, but if companies truly have an issue with "finding skilled workers", another organic solution should be to try to "skill the workers", i.e. making education more affordable. Maybe that's something these 100k fees could be put towards?
wnc31416 days ago
H1B's are a invaluable part of our communities and America's immense capital and soft power. However there is also a ~7% unemployment rate of new CS/CE grads. (Not including underemployment). This is after tech firms begging schools to reallocate vast amounts of public money into teeing up young tech employees. With the vast availability of a global workforce, there is little incentive to train junior workers.
Of course much of this could be solved by narrowing the gap between the lowest earnings and highest earnings workers so that the tech career path wasn't so high of stakes. Anybody working should have the opportunity to launch into a dignified adult life. There must be a conversation ultimately about where the vast profits of tech firms should sit within our economy.
FL33TW00D6 days ago
Throw away the H1B, introduce streamlined high skill immigration to the US. Top 1% of talent from all over the world should be able to move in under 2 weeks.
The first country that cracks this will have streets paved with gold.
giveita6 days ago
Quite a think to crack. My company takes 2 months to decide on whether to hire the top 1% of a very specific profession.
charles_f6 days ago
> Top 1% of talent
How do you determine that?
gorbachev6 days ago
You pay an H1-B hiring consultant $500K to forge resumes for everyone you're hiring.
doganugurlu5 days ago
Given the Homeland Security Secretary’s power to make exceptions, I get the sense that FAANG will pay in various currencies such as dollars, fealty and bribes/favors to the administration, get their exceptions and unlimited H1Bs, truly achieving the goal of paying less than market wages, pushing all the wages down.
softwaredoug5 days ago
IMO I think we need to fast-track H1Bs -> Green Card -> Citizens. Make skilled immigration easier, not harder.
Otherwise, if its too onerous, we're just training another countries workforce.
scheme2715 days ago
This is already the case with Indians and possibly Chinese. The waiting time for h1b to green card for Indians is several decades right now and maybe 5-10 years for Chinese. Things might get better if the climate discourages future immigration from these countries but there's already a big backlog in place.
digianarchist4 days ago
That's about to speed up when H1-Bs drop to the hundreds next year.
sniggler5 days ago
H1B isn't skilled immigration. Or at least it wasn't before this change. Thanks Trump!
$100k filing fee cannot be legally viable. But I support the direction in general. There is virtually no gate control, causing the visa category to be flooded by fraudulent applications (including unqualified hires, duplicate lottery shots). H1B visas are initially designed for economic efficiency, so using monetary means to control it is justifiable.
bamboozled5 days ago
It depends how this is implemented but I think that only “rich” people including criminals will use this as a way to bring undesirable people in. Again it spends on implementation but when you’re “paying” for someone to enter , is there extra leeway on the approval ? How strict will the entry requirements be ?
tamimio5 days ago
There’s no gatekeeping on any tech job, and it’s on purpose so big corps can abuse the system and lower the wages, while they make billions. It should be regulated to prevent abuse, that’s hurting everyone except corps.
zer00eyz6 days ago
How does a republican raise taxes without raising taxes.
This is how they do it.
What industries are going to get hit hardest? Tech and medicine, two of the largest money makers in the country.
Hire Americans and there is no "tax". Problem solved.
zer00eyz5 days ago
I'll replace all your coworkers with random DeVry grads. After all people are interchangeable like parts of an assembly line.
Workaccount26 days ago
The white collar version of ICE enforcement.
fooey5 days ago
it's effective nearly immediately too, and applies to all entries, not just applications
> the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025
anyone on a visa who happens to currently out of the country has ~24 hours to get back without a $100,000 bill
if you're in the states, you won't be removed, but you cannot leave and re-enter without paying up
whatever16 days ago
So, essentially, startups will never be able to hire fresh graduate students again (masters/phd). This means that the best and brightest individuals who have made it to the top US institutions after winning numerous rounds of global talent filtering will be deported.
selimthegrim5 days ago
I like how the assumption here is that there are no domestic graduate students anymore.
lisbbb5 days ago
In 1996 I was at a top US university getting a master's and was the only white dude in most of the classes. There was a probability class that could have been taught in Mandarin if it hadn't been for me.
yodsanklai5 days ago
I'd be curious to know the stats. My personal experience: I interviewed tons of candidates in the past few years for a big tech company, a small fraction are US citizens (at least from what I can tell from their resume).
whatever15 days ago
Not none, but very few in the stem fields (less than 40% from my estimates).
Why would you pursue a PhD with a 25k/year stipend when you can just start a near 6-figure job and start paying off your student debt?
Only the ones with financial freedom or commitment to research take the PhD pill. Or when you go through a recession and you want to delay the entry to the job searching market.
superdude125 days ago
This is exactly the problem with the system. If there are tons of foreigners willing to get grad degrees and work for a small salary increase over a bachelor’s, US students are not sufficiently incentivized to do graduate studies.
kelipso5 days ago
The percentage gets worse when you look at the top say 10% of PhD students. Go to AI/ML conferences and see who is presenting the papers; it’s almost all international students in US universities or students from outside the US.
narcotraffico15 days ago
My compsci classes were 80% foreigners. Why? I'd guess because they pay full tuition and the schools love the money.
Amezarak5 days ago
If they're the best and the brightest individuals in the world, then surely they are worth absolutely enormous sums of money.
mooreds6 days ago
Sorry, is this legal? Like is the fee something that can be changed with an EO, or is it set by congress?
Some research (okay, okay, I used Claude) indicates that "In summary, while Congress provides the statutory authority and mandates certain specific fees, the specific amounts for most H1B fees are set through the regulatory process by DHS/USCIS based on cost recovery principles and activity-based costing analysis."
Further, "The core authority comes from the Immigration and Nationality Act (INA) section 286(m), 8 U.S.C. 1356(m), which authorizes the Secretary of Homeland Security to set fees for adjudication services "at a level that will ensure recovery of the full costs of providing all such services".
That fees for providing
adjudication and naturalization services may be
set at a level that will ensure recovery of the
full costs of providing all such services, includ-
ing the costs of similar services provided with-
out charge to asylum applicants or other immi-
grants. Such fees may also be set at a level that
will recover any additional costs associated with
the administration of the fees collected.
CobrastanJorji6 days ago
Ya gotta admit, $100,000 per person will definitely ensure recovery of the full costs of providing all such services.
I imagine there's a very good argument that the fee is intentionally excessive, and I also imagine that the Supreme Court will decide after a lengthy court battle that the President is due extensive deference in this.
jpadkins5 days ago
yes it's legal. New admin is doing more background, investigations and immigration enforcement, which costs more. Taxes and fees are the price you pay for civilization!
pyuser5835 days ago
Congress has largely written itself out of immigration policy. It's paid for by fees set by the executive, which means Congress does not have the power of the purse.
declan_roberts5 days ago
Recovery costs is set by the USCIS, which is under the executive branch and subject to "rule" changes.
giveita6 days ago
They have already torn up the constitution, this would be small potatoes.
technocrat80805 days ago
A 100k fee is well within the territory of killing job prospects for skilled foreign students graduating from US universities.
What percentage of the AI labs are staffed by either foreign workers or second/third generation immigrants? Look at the composition of high achieving high school students- almost certainly of Asian or Indian descent, certainly many belonging to families of recent immigrants. The pipeline this EO disrupts is immense.
sagarm5 days ago
I think most people could agree that H1Bs allocated to Wipro, Infosys, and TATA are wasted. This reform doesn't seem like the right way to address that and retain positive aspects of the program, like the foreign student pipeline.
w10-15 days ago
This should increase political donations, cryptocurrency bribe purchases, and social compliance among tech companies dependent on H1B, whether it becomes policy or not. For that reason, you can expect no resolution before the mid-term elections, and a corresponding race to secure H1B’s before any policy change.
It’s too bad policy won’t actually track economic needs or fairness; it’s mainly to drive the expansion of the political franchise.
shrubble6 days ago
This is likely a bargaining chip that is meant to bring India back to the negotiating table for one topic or another.
dotnet005 days ago
Not really seeing how? Wouldn't this just benefit India (and the rest of the world)?
breadwinner5 days ago
If visa rules prove too onerous, companies pivot north to Vancouver, BC. [1]
Canada is rejoicing for the new boost to its economy.
I have worked for many US based startups, all remotely. Timezone difference (I am in India) is a big issue unless the company is very well structured to work asynchronously.
Companies hiring top talent may still hire with a $100K additional charge but even at $250K - 400K salaries, this is a lot of additional cost.
dpacmittal5 days ago
That's where the HIRE act comes in.
maerF0x06 days ago
There's a ton of abuse, feigned work and loopholes, and rules that undermine the law and also make foreign workers a 2nd class.
Amongst other elements that should be fixed:
* Taxation without representation (i'm suggesting adding the latter, not removing the former)
* The H1B worker must be paid at or above the higher of the median rate at the company for the role or at the employee's request by an independent valuation for the role, this ensures workers are not being paid less
* The fee should be prorated, monthly, over the 6 year span of the H1B, allowing the company to spread it over time and manage cashflow
* The H1B worker should only be contractually required to stay for the average tenure of the role in the industry (which afaik is 18mo right now)
* The H1B worker should be able to easily port their H1B over to another employer. The new employer must pay the fee, prorated, on the H1B, the prior employer will be reimbursed prorated unused fees
osculum5 days ago
> Taxation without representation (i'm suggesting adding the latter, not removing the former)
Happens to permanent residents too, not only employment visas.
maerF0x03 days ago
correct.
I'm not sure the solution, because visas/Perm cannot vote. But at least the latter can (afaik ianal) contribute to political campaigns.
osculum2 days ago
Does that make sense though? It seems appropriate to me that only citizens of a country can vote in the elections of such country (US or elsewhere). It’s definitely more complicated than “no taxation without representation”.
Some counter arguments from the top of my head:
What about tourists? They pay taxes while they are here too.
What about electoral interference? It’s way easier to pay taxes than to gain citizenship; this would create a perverse incentive.
What about allegiance? When you become a citizen you pledge allegiance to the US. Not when you pay taxes. Would incentives be aligned?
What about citizen only duties? (male) Citizens have to sign up for selective service and might have to go to war. Not so with H1Bs (though, to your point, permanent residents have to do it). Would it be fair to offer voting rights to everyone even if they don’t have the same duties?
declan_roberts5 days ago
They will never allow you to port your h1b to another employer. The companies love h1b because it nails your feet to the floor.
Izikiel435 days ago
That's the L1 though. With an H1B you can get another employer, but the problem is that it has to be done in a narrow period of time, and the other employer has to be willing to sponsor the H1B.
crooked-v6 days ago
Stopped clock, twice a day, etc. H-1Ba are supposed to be for difficult-to-find specialists, not generic tech workers.
YetAnotherNick6 days ago
> H-1Ba are supposed to be for difficult-to-find specialists
In my understanding H-1B is supposed to be for generic workers, rather than O1 which is for people with extraordinary ability in their field. That's why there is limit, lottery and high application fees.
GartzenDeHaes6 days ago
H-1B is for difficult-to-find specialists and O-1 is for people with extraordinary ability in their field.
H-2B is for ordinary workers.
oytis6 days ago
The opposite of extraordinary is, well, ordinary - why would they be difficult to find? H-2B seems to be a non-immigrant visa for temporary workers.
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gwbennett6 days ago
100%
quacked6 days ago
The way I see it is that US companies cannot simultaneously compete with foreign workers who are as good or better than US workers but are willing to work harder for less money, and also retain a high QoL for US workers. If US companies want to compete on actual merit and cost, they have to let US QoL take a hit. If they want to retain US QoL, they can't compete.
Something's gotta give, and the endless dancing with partial offshoring and H1Bs is band-aiding over two options: a bloodbath for American workers where competing for their jobs is actually opened up to the globe, or a massive, nationalist set of labor protections to stop other countries from bidding on work asked for by the US markets. Making H1Bs more costly is a little stronger than a Band-Aids, but not by much.
theahura6 days ago
I've always felt that h1b grants should use second price auctions paid for by the company in question, instead of through lottery. This has all of the benefits of high skill immigration with virtually none of the downsides of hurting the middle class or depressing wages
kappi5 days ago
CS new grads from Top10 are finding it tough to get jobs. There is lot of supply of smart CS grads within US. No need to hire H1Bs in the current economic situation which is different from late 90s when H1B program started.
YetAnotherNick6 days ago
I don't get the negative points here to be honest. To me, it seems better than lottery to be honest for all parties involved.
bawana5 days ago
Wow. Tech companies must b pissed. After donating millions (even 24k gold apple totems!) the orange man turns around and punches them in the pocket book! At least he didnt put a tax on options vesting
the_real_cher5 days ago
If you're concerned about 'brain drain' remember O-1 visas are for the truly exceptional immigrants which remain in effect.
H1B visas are for rank and file employees with just a skill.
This allows employers to indenture servitude employees, depresses American wages, increases unemployment, increases rent prices in areas with high levels of immigration, and hurts American culture.
Most jobs are not that hard and a company should invest in Americans instead of immigrants if it want's to continue to do business here and enjoy the fruits of America.
Readerium5 days ago
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hvb25 days ago
Is the white house planning to do this for all the temporary visas in hospitality too?
I know a few companies that were relying on those heavily and it sure would help if those jobs went to Americans.
Defund universities, kick out high skilled foreigners... This guy's doing everything in his power to turn the US into a bigoted impoverished backwater wasteland
breadwinner5 days ago
“I believe the shortage of U.S. talent, and the U.S.’s unwillingness to let companies bring in more global talent, has been a huge factor in why U.S. technology companies are increasing their Canadian footprint.”
100k is a bargain for such highly skilled foreign workers you desperately can't find here.
SilverElfin6 days ago
Doesn’t this just mean less talent? Companies would hire locally if equal level talent was available. I doubt it’s really about saving money when these jobs earn a lot of revenue per employee. Adding this fee means companies may just not find anyone worth hiring. It would make more sense to require H1B salary to be equal to the highest paid local employee of the same role at that company than to just throw an arbitrary $100K fee on.
x0x06 days ago
I don't think you can possibly argue, in good faith, that in the midst of the tech recession there isn't plenty of local talent available. If you're actually paying decently, and probably even if not.
slaw6 days ago
Local talent is available and looking for a work. Companies want cheap H1B workers.
jltsiren6 days ago
I think it will mostly impact cap-exempt employers. For example, universities typically use H-1B for new faculty hires, as the visa is available quickly and without too much effort. But if the visa costs $100k, the university will probably skip international applicants, because the hiring department rarely has that much money it is allowed to use freely.
Research universities could probably use O-1, as the requirements for O-1A are lower than the bar for getting a tenure-track position. So they would effectively pay $10k to a lawyer rather than $100k to the government.
ribit5 days ago
Yep. My wife just started as a professor (humanities) and she entered on H1B visa last week, as green card takes years to obtain. I have been offered a teaching job at the same institution as a partner hire and they have filed an H1B petition for me.
Unless they clarify that education is exempt from these rules, my wife will surely have to quit her new job. She is supposed to go on fieldwork later this year and she won’t be able to re-enter. Not to mention I can kiss my lecturer offer good bye. This is an incredibly retarded situation.
Saline95155 days ago
If you believe in the laws of supply and demand, it means lower wages for local workers, as they have to compete with foreign competitors. In the long term, lower incentives for local workers to get into the sectors hiring H1Bs. Those sectors will then complain about the lack of local workers and ask for more H1bs.
toomuchtodo6 days ago
> Doesn’t this just mean less talent? Companies would hire locally if equal level talent was available. I doubt it’s really about saving money when these jobs earn a lot of revenue per employee. Adding this fee means companies may just not find anyone worth hiring.
(me) ... I don't think US workers should have to compete with 1 billion+ other global workers for their jobs ...
(you) They already do though. Do you own any items made in other countries? If so, you’re competing with other workers already. It seems weird to focus on immigrants workers in America versus citizens in America while importation is allowed at all. I find all of this also very much in conflict with HN’s anti tariff attitude.
So, you seem to understand the problem. This is not about lack of domestic US talent. This is about disempowering US corporations from importing unnecessary labor to disadvantage US workers (who are currently facing an unfavorable domestic labor market).
Citations:
https://news.ycombinator.com/item?id=44880832 ("There is no requirement to demonstrate that you cannot find an American to do the job to get an H1b visa approved. If that person applies for a PERM position (needed to convert to a green card) there is. Hence the H1b is easy to game by employers to get cheap indentured servants.
With PERM (converting to a green card) they try to hide the job postings so that people will not apply so that they can get the green card approved. Some of the tricks include putting ads in the newspaper, using esoteric websites and other media such as radio instead of job boards where tech people actually look for jobs. Some Americans who have trouble finding jobs in the current market took on a side project of scraping newspaper ads and these job boards and created https://www.jobs.now/ which lists these jobs. If enough Americans that meet the minimum qualifications apply for a listed job it stops the green card process for that position, usually for 6 months before the sponsor may try again. Also, there are a lot of stories about people getting O-1 visas via fake credential mills and research papers. Both can and are being gamed to get O-1's." -- u/lgleason)
Want proof? Elon Musk, Sundar Pichai and Satya Nadella were all on H1B visa at some point.
oldpersonintx26 days ago
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aylmao6 days ago
The pendulum swung really hard back to in-person office work a couple years ago. I wonder if this will swing it back and make more positions remote-friendly.
giveita6 days ago
Remote if you live outside US. You get a COL indexed salary.
alephnerd6 days ago
This only incentivizes opening a GCC in Eastern Europe or India. I can't justify hiring a remote worker in the US and paying them $150k-200k when I can hire 2-3 people in Warsaw, Prague, Tel Aviv, or Hyderabad for $60k-90k.
lisbbb5 days ago
I initially loved remote work and was doing 2/5ths of my week remove before 2020. Once I became fully remote for years, the horror sunk in--it's career suicide.
aylmao5 days ago
IMO it’s just different. If you want to go into management or anything involving politics, I do think remote isn’t the move.
As a fully remote engineering contractor I’ve been building my area of expertise, clients and connections, and so far it’s been alright. It does take work and there’s no one to guide you, but in my experience with ambition it’s doable.
chrisweekly6 days ago
Here's hoping
LPisGood5 days ago
I think this is an upfront cost, not an annual cost.
k33n5 days ago
It is an annual cost. This will dramatically shake up the US tech industry. I expect to see engineering budgets increase, and less Americans struggling to get interviews and ultimately jobs at companies HQ'ed here.
The originally stated purpose of the H1-B program was to import top-tier elite talent but anyone who watched it evolve saw that it became terribly exploitative. I've watched as companies that I've worked for have given 1/4 market rate or worse to H1-B hires. They got addicted to cheap talent. It stopped being about talent on the hiring side and more about increasing head-count at a major discount.
Bring in top talent, but pay them what they're worth if you do. A top-talent elite hire should easily be worth double what a native-born top-talent elite hire would be worth if this program can just do what it was designed to do.
rogerrogerr5 days ago
I hope this is the outcome. Can anyone convince me that these companies won’t just hire more Indians in India (or outsource to Indian companies)?
nebula88045 days ago
Because they would have done it already. Why go through the hassle of bringing over an h1b if you could just hire them overseas now? The use case for h1b is different from outsourcing. If the requirements need to have someone in their US branch then you use h1b.
mgh954 days ago
I have a feeling if you hire more Indians in India (which is already coming out to ~40$ per hour billing rate) you are going to be stuck with the problem that you now have the typical Indian outsourcing problem which is why companies want them locally: to keep an eye on them.
When the C-suite moves to India, I'll believe it.
wonderwonder5 days ago
My hope is that this unleashes American tech workers and the US market again. There is almost no reason to apply for H1B anymore except for the original purpose of hiring workers with very unique skill sets that cannot be found in the US. This could be the most monumental thing this Admin does for tech workers as long as there is not some monkey paw aspect to this
SpicyLemonZest5 days ago
There's obviously a monkey's paw aspect! Big US tech companies are going to immediately freeze their hiring budgets until they get clarity on whether this fee is permitted and how they should pay it for existing employees. Hope you're not an American tech worker looking for a job right now!
NaN years ago
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nebula88045 days ago
>as there is not some monkey paw aspect to this
Has there been anything that hasn't had a monkey paw aspect? These guys have ZERO credibility left and its only eight months in.
nvrmnd5 days ago
From CNN:
"Commerce Secretary Howard Lutnick told reporters on a call Friday evening that the administration came to the fee of $100,000 per year, plus vetting costs, after talking with companies.
He noted that the payment structure is still under discussion with the Department of Homeland Security, in terms of “whether we’re going to charge the $300,000 up front or $100,000 a year for the three years.”
sigwinch5 days ago
It’ll be struck down in court within a year. The question is: who’ll be brave and bring the case?
SpicyLemonZest5 days ago
I will be demanding that my company do so, and I think quite a lot of the people reading this should do the same.
sigwinch5 days ago
But one alternative is for your company or industry to arrange an exception.
NaN years ago
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wonderwonder5 days ago
annual cost and they raised the minimum pay to 150k so now its a minimum of 250k to hire an h1B. Or they can hire a new american grad, pay them 80k and train them
HardCodedBias5 days ago
Note that the fee is triggered by entry.
It sounds like F1 and TN visa holders will be able to acquire H1B visas without triggering the fee (but no international travel afterwards or the fee would be triggered).
I suspect that the o1 and l1 visas will get more use if this actually gets enforced.
I also suspect that the large tech companies don't overly mind since they all have very active offshoring programs.
throwawaydbb5 days ago
Except that I (and I believe it will apply to many folks similar to myself) working for US company branches located in the EU for a decade, on the staff/EM positions, with education to qualify also for O1 - will not put my life and my family’s life to be the subject of sudden immigration changes.
What’s stopping them from doing the same for L1/O1 folks and locking them in with days’ notice?
Few of my US colleagues that I know are now abroad, and I cannot fathom how they took the news.
juancn6 days ago
This will just encourage companies to off-shore more.
declan_roberts5 days ago
It's already 70%-80% cheaper to hire offshore. How much more juice is left to squeeze?
zerosizedweasle5 days ago
That's just insane, do you honestly think they will just allow that? They are American companies, vulnerable to the power of the government.
throwawa142235 days ago
Then it's time to start seizing these companies assets. American corporations exist to benefit the US and US people.
jppope5 days ago
the tax code was recently adjusted. All foreign R&D needs to be depreciated over 15 years, you can depreciate immediately for US based R&D.
r0m4n05 days ago
I work for a big tech company that was already hiring a ton in Canada, I have to imagine this is going to add massive amounts of fuel to the flames. Are they just going to accept that offshoring is the next best alternative? And by offshoring, I mean, immigrants moving to Canada and working for American companies because their work visas are better
cmurf5 days ago
This apparently goes into effect in 24 hours. And applies to current H1-B holders. Entry isn't permitted until the $100K is paid.
It's probably not even worth asking these days, but is there a reason to believe that the President has such an authority?
kappi5 days ago
As authorized by federal law, the department will conduct investigations of employers through Project Firewall to maximize H-1B program compliance. To achieve this goal, the Secretary of Labor will personally certify the initiation of investigations for the first time in the department’s history. This historic action leverages existing authority granted to the Secretary if reasonable cause exists that an H-1B employer not in compliance.
Secretary-certified investigations, as well as other H-1B-related investigations, are important tools the department will use in Project Firewall to hold employers accountable and protect the rights of American workers. Violations may result in the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time.
yalogin5 days ago
Just learned that there are about 15k doctors on h1b and if a good chunk of them leave it’s going to be disastrous for the fly over states. Hospitals are already shutting down and much will only increase once the Medicaid cuts take effect. And on top of that the visa issue will absolutely dent healthcare
dsmark5 days ago
I would think the hospital industry would get an exemption from this as it is critical to the US.
reenorap6 days ago
At that price point, it's cheaper for companies to risk investing in foreign branches and building up work centers outside of the US. You want to keep the price high enough to stop the bodyshops from gaming the system but you want it low enough so that all of the work doesn't get set out of the US.
aramaswa5 days ago
Check out this Q&A session hosted by Manifest’s principal immigration attorney happening on Monday! Incredible resource to help prepare https://luma.com/xc2wbio7?from=embed
2OEH8eoCRo05 days ago
Can I be pro-immigration and anti-H-1B?
I want people to come here legally, put down roots, and buy into our way of life. I love to see patriotic first gen immigrants. I don't want our country used as a piggy bank just because we happen to have good paying jobs right now.
LAC-Tech6 days ago
The latest updates to Windows were just too much for him.
technocrat80805 days ago
How are startups supposed to afford this? How are talented H-1B workers supposed to start companies? And no, the answer is not always an O-1. I know plenty of foreign founders contributing meaningfully to the US economy, now slapped with a 100k fee.
newfriend5 days ago
Hire Americans.
N2yhWNXQN3k95 days ago
Ever live somewhere that isn't a city, but has access to talent from a local university? No one is sticking around to be hired for $70k a year when they can make $120k a year in a city. Yet, there are plenty of hires due to a local migrant population, which commonly has generational support. This disrupts that. It hurts more than migrants. It hurts communities.
fooey5 days ago
they're not, it's a moat
technocrat80805 days ago
Great, let's punish early stage startups instead of rewarding the successful ones.
Alex39175 days ago
Seems like a reasonable policy. Given that the most talented tech workers, the ones the H1-B visas are designed to make it easier bring to the U.S., are getting $100M+ signing bonuses right now, a $100k/yr fee seems pretty trivial in comparison.
rocha5 days ago
The number of people at that compensation level is very very small, and they will probably go for a O1 type visa instead of a H1B.
onesociety20225 days ago
That’s true in AI field. Even if you are an elite researcher in some other field like biosciences, physics you can’t demand those salaries. So people in those other fields are essentially screwed.
tamimio5 days ago
We need something similar here in Canada, tech job market is abused and exploited by corps.
IncreasePosts5 days ago
The rest of the headline is "in likely blow to tech", but I disagree. $100k when you're pimping some poor soul out for $40k/yr is too much. But when you're already paying them $500k+? Cost of doing business.
HardCodedBias6 days ago
Interesting, seems quite steep.
Does the extension also cost 100k?
I don't know the statutory authority under which this is being done, if this is true it will come out in the next few days.
I would have preferred a simple auction, seems like the most reasonable solution.
HardCodedBias5 days ago
Later reporting is saying that it will be 100k / year. If so that's quite substantial.
That will make the program non-viable for a large percentage of the people who use it today.
I suspect that the o1 visa would get far more use if this change were enacted.
It seems to high. Again: why not make it an auction?
jjallen5 days ago
Are they going to reinvest these funds into educations so our country can fill these roles or just waste it on weapons and unwinnable wars?
I would be totally fine with this if it was the former, but I would bet that it won't be...
christkv5 days ago
In 2024 These where the top 10 h1b visa companies.
Amazon Com Services LLC- 10,044 H1-B visa holders
Tata Consultancy Services LLC- 5,505
Microsoft Corporation- 5,189
Meta Platforms- 5123
Apple Inc- 4,202
Google LLC - 4,181
Cognizant Technology Solution - 2,493
JP Morgan Chase and Co - 2,440
Walmart Associates Inc - 2,390
Deloitte Consulting LLP - 2353
I'm going to speculate that this little is lost by hardening the h1b. The 100 000 a year is not going to stop someone from hiring truly "exceptional" talent.
throw_away_9746 days ago
This does not really goes with the employment at will clause. Companies would just stop hiring H1Bs. Even the signon bonus comes with some sort of payback requirements if some one leaves before certain duration.
insane_dreamer5 days ago
It's not a bad proposal, though raising the salary requirements would be better. This essentially does that though since a company has to account for it in their hiring costs. IOW it costs the company $100K/year to hire a foreigner vs a local, which offsets the low salary that you might be offering that foreigner in order to "save costs" vs hiring local.
However, the unsolved problem is that this could just lead to more offshoring by these same tech companies who are abusing the program now. Not sure if there's any way to stop that.
AbstractH245 days ago
In 2025, with remote work and globally distributed teams common, what's the incentive to bring talent to the US anymore? To even pay the current price for H1B visas.
cmurf5 days ago
Flatly illegal. Congress has not authorized imposing such a fee and the current statute would sets the fee based on cost recovery for administrative processing of the application.
Companies like Disney, too, have committed abuses with the H1B. It's not just big tech, it's widespread across the United States. I think Americans privileged with different Visa or residency status will benefit.
nirav725 days ago
I can't see this lasting. This could go two ways - either large organizations pay up in some other ways to this administration or this is used as a leverage to force India to come to the table. Also that India receives $36 billion in remittances from overseas Indian workers. The current ruling Party in India is going to feel some pressure from its citizens over that alone.
fooker5 days ago
India is so happy about this change that the only thing they have publicly complained about is the potential for family disruption.
> $36 billion
One new big tech office in India will generate more than this, and all the tech companies are in a hiring spree in India to do this right now.
p0wn5 days ago
Love it.
cs_throwaway5 days ago
Curious what this will do for faculty. Common to use H1B as a bridge for a few months before green card. New CS faculty salaries cap out at 180K at the high end.
alephnerd6 days ago
Here that sound? It's the GCCs being opened up as a result of this shift.
There's a reason Microsoft, Google, Amazon, and others have been expanding offices and raising TC in Eastern Europe and India for years.
The main industries that will be severely hit are chip design, biotech, pharma, and STEM academia.
Good for India though, who needs a "Thousand Talents" program when the targets of a brain drain are to cost prohibitive to hire in the US.
wonderwonder5 days ago
Lets Go!!!
Raised the minimum salary to $150k.
The 100k application fee is per person per year.
Meaning now companies can either hire an American new grad for 100k a year or pay 250k a year to import someone. It also still allows companies to bring over highly skilled foreign workers for which there are no American equivalents.
Really happy with the approach and I think it will be a massive boon for US tech and knowledge workers
Detrytus5 days ago
Nothing in the proclamation [1] says it is "per year". What it says is that every existing petition must be supplemented by $100k check, otherwise the employee won't be able to (re-)enter the US.
So, if you already got your visa issued for 3 years, and you didn't have any plans to travel abroad you are good until the end of your current visa term (which might be 2-3 years in future).
Also, apparently Department of State has started a pilot program that allows one to extend their H-1B visa without going abroad to have their passport stamped, so in that case you can get 3 more years in the US without the fee. The biggest limitation of course being that you're stuck in the US for the whole time, unable to leave.
Yep - I expect to see a lot more job postings for overseas. Not the time to encourage offshoring.
kilroy1235 days ago
What about just hiring remote contractors?
seanmcdirmid5 days ago
Logistics and vetting mostly. The Indian body shops have a business model that already does this, actually: you hire the body shop, they send over one or two more senior engineers who then act as liaisons that farm out work back in India where most of the body shop is still located. My guess is that you'll just see more of that going on, although the R&D tax rules are getting weird with respect to amortization and out sourced labor.
lisbbb5 days ago
My experience with those kinds of places is that they send their "dream team" for the first couple of months but then bait and switch the client with less experienced staff who subsequently f*ck everything up.
unsupp0rted5 days ago
T-minus 48 hours until some judge somewhere deems this outside presidential powers. Because nothing apparently is within presidential powers.
mancerayder5 days ago
Here's a thought. Why not pin the H1B tech acceptance rate, forget high fees, to some measures around tech unemployment rates? A recent reading I read showed a higher unemployment in tech than non-tech jobs. I wish I could find the article that mentioned it (most likely Bloomberg or WSJ in the last two weeks). Doesn't that put the stats where the mouth is?
nomilk5 days ago
US-based companies that depend on H-1Bs may:
- stomach the cost increase,
- reduce the number of H-1Bs they hire,
- move (the company) out of the US (i.e. to less imposing jurisdictions).
If companies choose the latter, the irony is the resulting reduction in US tax revenue from companies moving out could outweigh the gains in revenue from the $100k H-1B tax, thus resulting in lower US government tax revenues due to the change.
newfriend5 days ago
You missed one:
Hire Americans.
chickenzzzzu6 days ago
Here's what I propose:
1) All countries are free to come up with as strict or as loose immigration/tourist visa requirements as they like.
2) Companies can source remote labor from anywhere with zero government overhead.
3) Companies cannot source physical labor from abroad.
4) Reform local housing laws so that housing is not used for speculation/tied to employment.
Then communities can finally be communities, work can be work, and tourism can be tourism.
sciencesama5 days ago
The process is ! Apply for job, get interview, pass interview! If the guy has h1b reduce 30k in salary and recommend hire and move forward !
MagicMoonlight5 days ago
The US has 340m people. There is absolutely no way they need people from other countries to fill their entry-level roles.
johanyc5 days ago
The keyword to search for is prevailing wage. https://flag.dol.gov/programs/prevailingwages is apparently under maintenance Also it's mot just a number, it depends on the jobs location, type and level.
password543215 days ago
Good maybe we can start ending the catch 22 system where Indians are claiming they have experience back home and then taking jobs from citizens who can't get their first job because they don't have experience while competing against a >1 billion population. The graduate market is a mess.
htilford5 days ago
Interviews are a thing, no one is hiring people based on self reported claims
password543215 days ago
No one ever lies
gdsdfe5 days ago
I wonder how much china will benefit from this?
idiotsecant5 days ago
None of us are talking about the important part of this - this new fee can be waived at will by the Secretary of homeland security entirely at their discretion. This isn't about H1b at all, it's about punishing political enemies and rewarding allies. It's one more little toehold of the mafia state.
gsky5 days ago
H1B should be banned completely as Americans wanted. Which also helps other countries to build their own big tech.
felineflock5 days ago
A.K.A., the Great Offshoring Incentive Act.
zerosizedweasle5 days ago
Like tech companies aren't extremely vulnerable to whims of the US government and they'll just allow them to do that.
procaryote5 days ago
As a european I welcome this change and hope european countries are able to respond by lowering the barriers for talented people to come here.
Come to europe! The taxes are higher, and you have to pick your country wisely depending on what your goals are, but the politics are nicer and you often get healthcare
tho2i3423o423425 days ago
The issue is race, not immigration, as it was with the Jews pre-WW2. Europe would probably be even worse than the US in the long run, given that nativism would run even stronger.
The issues are philosophical ultimately, and the theorists of Liberalism simply haven't stepped up to the challenge.
procaryote5 days ago
I have a hard time parsing what you're trying to say
yalogin5 days ago
This is going to exacerbate the already kicked off reverse brain drain. University applications have fallen off the cliff this year and now with this there is no incentive for folks to come to the US. All this talent going back will cause enormous opportunity for wealth creation in India and other countries.
tlhunter5 days ago
It looks like any H-1B holders currently traveling abroad need to return within 24 hours:
Tech companies will just pay the $100k. Over the length of the visa it's still a savings in reduced wages. Never mind that you "lock in" your H1B employees while a US hire will job hop to get a promotion or wage increase since that is the only realistic way to do so these days.
superdude125 days ago
It’s per year.
instahire5 days ago
FYI Manifest (startup focused on immigration law) is hosting a free webinar by an experienced immigration attorney on Monday to answer questions related to this:
Do you honestly think the H-1B visa program is not predominantly used for hiring less expensive workers with fewer choices and negotiating leverage?
intermerda5 days ago
The US has had its mask off since 2016-17. The tech industry somewhat more recently.
b_e_n_t_o_n6 days ago
> H-1B visas are already costly to obtain, ranging from about $1,700 to $4,500
oof, that's a big price increase.
y-curious5 days ago
My one concern is that the salary discrepancy minus the $100k might still be worth it for FAANG specifically.
SV_BubbleTime5 days ago
That's the point. If you really deserve it with your skills, then 100k is nothing.
LPisGood5 days ago
Why is that a concern?
int0x295 days ago
So they'll just hire in India instead but now the taxes won't be paid here. Marvelous.
yodsanklai5 days ago
Unless Trump bullies companies to close their foreign offices. I'm pretty concerned with that as that would impact me. That being said, I don't see how FAANG could operate only with US citizens.
foota6 days ago
"Critics, including many U.S. technology workers, argue that it allows firms to suppress wages and sideline Americans who could do the jobs."
I don't know many tech workers who criticize H1B visas, outside of maybe the way that they empower the employer over employees.
declan_roberts5 days ago
How many American tech workers know anything about h1b? It's not like your employer tells you who is who.
TheAdamist5 days ago
News flash at 11, i.t. body shops to impose $100k indentured servitude debt on h1b seekers.
digianarchist4 days ago
Visa fees can't be transferred to employees.
Manfred5 days ago
You don't have to live in a country to be hired as a contractor by a company. The only difference is that the contractor will pay taxes in the country of residence, so ultimately it's a bad deal for the US.
daft_pink5 days ago
So is this requiring the $100k fee payment for all H1B visas including recent college grads or just H1B visa applicants from outside the country?
It says that the payment is for H1B visa applicants who are currently outside the country?
There is also something geopolitically playing here. Trump administration recently threatened India with tariffs and when it didn’t budge, many of its key MAGA voices (Bannon and as such) tweeted asking for the exact same thing he just did.
Recently Trump also met with Indias arch enemy Pakistan’s de facto leader (military chief) in Washington and shortly following that you had Saudi-Pakistan NATO like alliance announced (of course US is major allies for both of those countries).
It is interesting because pre-election Trump touted many Indians and even had Modi joining him in one of the largest Indian gatherings. But I guess Trump admin being the wild card it has always been policy wise had a shift. What that leads to is still to be seen.
Recent SCO summit where India and China had some shared alliance pledges can give some hints what’s to come but it’s interesting he didn’t so far do so with Chinese students and had in fact a U turn on allowing 600000 students with their visas as part of the trade negotiations.
shakes_mcjunkie5 days ago
Anyone who thinks this is pro-labor in any way or going to increase American salaries needs to spend some serious time thinking about who is implementing this policy.
dagaci5 days ago
I hear American's have to get in debt for over 100k for the same education thats almost free in so many places, so it might be a kind of balancing things..
digianarchist4 days ago
Employers aren't allowed to pass visa fees straight off to an employee.
sizzle5 days ago
The international student —> h1-b pipeline is unaffected it seems?
rvz5 days ago
Let me guess...
A 90 day pause is next if the markets crash over this next week.
Either way, this is the sub definition of "AGI". Time for the "AI Agents" to prove their worth as advertised and hyped.
Or else...
disillusioned5 days ago
I saw that a certain reading of this language:
> Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
Could be interpreted to mean that anyone who leaves the country on a _current_ H1B and attempts to return might be blocked if they don't have proof of the payment having been made, despite the fact that no process currently exists to remit said payment.
I'd love to say it's doubtful this administration would do something so callous, asinine, and cruel, but...
burroisolator5 days ago
That is my interpretation.
Regardless of whether you think imposing a $100k fee on H1Bs is a good idea or not, there is no way that a 2 day deadline makes sense from an implementation perspective. On a weekend too. This is just going to cause panic and confusion at the border.
nelox5 days ago
No, the language clearly limits the restriction to those “aliens … currently outside the United States.” “Entry” in this context means seeking admission (or re-entry) to the U.S. from abroad, under a new petition or visa that starts outside. It is tied to new petitions, and specifically those where the beneficiary is abroad.
“(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers … who are currently outside the United States …”
aks_tldr5 days ago
Looks like
ungreased06755 days ago
A great idea I didn’t see on that page is replacing the lottery. Instead, H1Bs would be given in order from highest salaries to lowest. (Actually until the quota is exhausted)
bubblethink5 days ago
This is a net positive action for the following reasons: The chuds have been clamoring for this for a long time. You can see every past thread on HN all the way back to the December blowup on twitter with Elon. At the same time, the economy is lagging and the admin's more direct measures to drum up support from the base such as chaining and deporting Koreans at the Hyundai factory are tanking future prospects for the economy and are causing diplomatic headaches. This current announcement gives the admin a way out by throwing some meat at the base before the midterms while knowing that this won't pass muster as they don't have the authority.
Izikiel435 days ago
> as they don't have the authority.
Isn't this a change USCIS makes? Or does it have to go through congress?
bubblethink5 days ago
Congress. This will cause interim disruption though while the lawsuits play out.
st3fan6 days ago
Come to Canada
drdec6 days ago
My take:
It should be an auction.
The annual salary should match the fee (unless below some minimum).
“Reuters was not immediately able to establish details of who the fee would apply to or how it would be administered.”
I’ll wait till I form an opinion on this.
qaq5 days ago
Hard to say what net effect would be in my industry most positions are shifted to offices in countries other than US as is.
heldrida5 days ago
What stops companies from hiring talent remotely?
We are in 2025!
Decentralisation is important due to the high cost of living in cities. Bring life to less populated areas.
jppope5 days ago
Off the top of my head, the R&D tax code changes...
nextworddev5 days ago
This prices startups out of hiring visa holders
vjvjvjvjghv5 days ago
It's kind of ironic that the party of tax cuts recently tries to solve problems with taxes like tariffs and now this H1B fee.
thelastgallon6 days ago
I wonder if this is applied to H1B renewals too?
mtremsal6 days ago
IIRC technically there's no such thing as a "renewal". It's just a new application that bypasses the lottery. So given the low level of thought that goes into these EOs, the answer is almost certainly "yes"...
mtremsal4 days ago
I was wrong. They’re attaching the fee to the lottery, somehow.
TMWNN5 days ago
Trump answered a reporter's question about this. The fee is $100K per employee per year.
esalman6 days ago
All it'll do is replace competent workers who don't have $100k to spare, with incompetent workers who have the money.
positr0n6 days ago
I certainly don't think the industry's hiring processes are perfect, but $100k on top of a normal wage for an incompetent worker is a lot of money to throw down the drain and not either run out of money or have someone competent notice and stop the situation before too long.
esalman5 days ago
Unfortunately, to stop the situation you either need to let competent foreign workers in, or somehow make 2 years of masters education, or 7 years of PhD education more attractive to average Americans than flipping burgers and earning $22 an hour, on top of taking hundreds of thousands of dollars loan to get bachelor's degrees.
Terretta5 days ago
> $100k ... is a lot of money
It's still less than a domestic recruiting fee for many types of roles the H1B was purportedly about, roles where it's hard enough to find someone you need a headhunter's help and the pool is still not exactly what you're looking for.
beAbU5 days ago
False dichotomy. Why would only incompetent workers have the 100k to spare?
esalman4 days ago
There's a reason why corrupt politicians and extortionists all over the world choose to retire in the US.
nsm6 days ago
The fees are paid by employers and not workers.
nojvek6 days ago
Without salary enforcement, it does come out of workers eventually.
Like Americans paying Tariff fees out of their wallets due to price hikes.
esalman6 days ago
This is still another loophole and the companies which exploit the program and workers (small consulting firms, not big tech per se) are still going to exploit this.
nakamoto_damacy5 days ago
Naive question: couldn't companies here start sponsoring under O1 (which is still very low cost) instead of H1B?
therealrealpops4 days ago
Everyone knows that most H1Bs in the US are not exceptional or more qualified than Americans. The ones that are, are the exceptions not the case. Most H1Bs actually have pretty high paying jobs in their countries compared to salaries there. They just want more and use it as a loop hole to get in the US.
thelastgallon5 days ago
I wonder if there will be a new fee on H4 visa as well? They weren't allowed to work before.
8note5 days ago
something i havent seen commented on this time around for h1bs is that they arent just for tech workers, and this change is restricting the hiring of say, rural librarians because they arent gonna be able to afford the 100k price tag.
bluedevil2k5 days ago
All the comments are missing the bigger picture with this new policy - Trump is sending a message the tech companies will need to pay up (to him) to get this policy to go away.
mcny5 days ago
My guess is this administration will also use this as a leverage in any negotiation with India?
wrt271Ja5 days ago
Possible. Trump is in trouble with MAGA over Epstein etc., so he puts out this proposal for a headline and will revert it under certain circumstances.
I was already surprised that he implements one of his campaign promises.
nly5 days ago
Looks like a great opportunity for other nations to hoover these brains up on the cheap
aurizon6 days ago
Will my teleoperated humaniform robot be arrested by ICE while I am in Spain - hard at work...
garbawarb5 days ago
I wonder if treaty-based non-immigrant-intent work visas like TN and E-3 will be next.
matrix25965 days ago
people dont realize how lucky US citizens have it just by luck of being born in US
senordevnyc5 days ago
Feels like our luck is running out
seydor5 days ago
I would assume tech companies can easily launch research centers in India, no?
As an american engineer, I love this! Thank you President Trump!
"if H1Bs are supposed to be a means of obtaining labor not available domestically it's curious they're cheaper than domestic labor
an easy way to ensure that they aren't directly substituting for domestic labor would be to add a $100k surcharge per head"
OutOfHere5 days ago
Don't love it yet. $100K surcharge per head for a 3 year visa is just $33K per year which is very absorable, and won't in itself affect visas much.
dsmark5 days ago
No, it's 100k per year.
OutOfHere5 days ago
The official announcement says:
> The Proclamation restricts entry for aliens as nonimmigrants to perform services in specialty occupations in the H-1B program unless their petition is accompanied by a $100,000 payment.
Nowhere in there does it say that it's annual. Note that the H1B visa is valid for 3 to 6 years, potentially longer, which dilutes the fee to $16K per year which is small money for an employer. Also, a fixed number does not keep up with inflation either.
lawlessone5 days ago
This feels like groundhog day, didn't he already do this?
nextworddev5 days ago
It’s not set in stone and can be reversed like tariffs no?
LPisGood5 days ago
Do you mean reversed by future executive order answer that question is most likely, however, courts have shown a propensity to limit which executive orders can be undone by future presidents. For example, we saw this during Trump won with DACA.
QuiEgo5 days ago
Friendly reminder the US government is using it's legal authority to compel people to show their social media posts. At some point, hacker news is bound to get on their "to check" list.
Post nothing here you would not mind showing to a border guard.
Like seriously, I get this is very impactful, but don't risk your livelihood to argue with internet strangers.
i_am_a_peasant5 days ago
tbf the only thing the US has got going for it is the english language. germany is a perfectly fine place to live and work. it’s not like if you join raytheon you’ll be playing with rockets all day. you’ll be working in a very narrow area of one isolated subsystem without being allowed to see the big picture.
You’ll probably have a 2 hour commute too, and in your free time mostly live in your car because only the big cities have any degree of walkability.
What good is more disposable income if i’m too afraid to walk alone at night.
zerosizedweasle5 days ago
Big tech CEOs FAFOed. Didn't have to be this way.
tomrod5 days ago
What a shame. We face a mounting demographic crisis from low birth rates already, mostly from economic pressures and lack of personal decisions in healthcare for women. So many wrong directions.
trallnag5 days ago
> low birth rates [...] from economic pressures and lack of personal decisions in Healthcare for women
This is an outlandish and ridiculous hypothesis with zero substance to it. All research points to it being the other way around. They higher the economic pressures and the less freedom people have in reproductive healthcare, the higher the birth rates. The moment Germany introduced the birth control drugs, the birth rate dropped.
If a country develops from the level of Somali to something like Germany and the birth rate tanks to somewhere slightly above 1, increasing the birth rate by maybe 0.1 by enabling more personal decisions has literally zero impact.
Of course I'm still a proponent of decreasing economic pressure on parents and enabling reproductive freedoms like pre-implementation diagnostics. The consequences on birth rate is just something we have to deal with one way or another.
WorkerBee284745 days ago
> ...mostly from economic pressures and lack of personal decisions in healthcare for women
I've got some bad news for you about, well, pretty much all of human history...
LPisGood5 days ago
I think this is extremely tangential to the article, but is there any evidence that any mounting American demographic crisis has anything to do with abortion being overturned?
kg5 days ago
Personal decisions in healthcare are about more than just abortion.
For example, if miscarriages are criminalized, and access to birth control is restricted - both real things that have been attempted or have actually happened in the US as a part of anti-choice policies - the only safe choice is to not have sex, ever. Which means you're probably never going to have kids, instead of before where there was a chance you'd get pregnant and then decide whether to have the child or not. Now it's too risky to even have a chance of getting pregnant if you have no autonomy. I certainly would never risk it in a state with anti-choice policies.
The intent of these policies might be to raise the birth rate, but I'm not sure they're going to do that. We'll see, I guess.
IMO the demographic crisis is more likely to be influenced by other factors, like the rising costs of raising children, the increasing constraints and pressures on parents, etc. But those policies don't help.
krmboya5 days ago
Statistics show that kids brought up with both parents have much better prospects in life.
The decision to have kids should be a deliberate commitment between the parents, not some kind of lottery where one falls pregnant then decides what to do next.
It's better not to fall pregnant at all otherwise
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ranger_danger5 days ago
But H-1Bs are for specialized workers... somehow I don't think that is a meaningful contributor to overall low birth rates, but I could be wrong.
letitb5 days ago
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sudditer5 days ago
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breadwinner5 days ago
You seem to be saying only Native Americans should remain in America, everyone else should leave?
liquid_thyme5 days ago
Ask the native americans how they feel about being "replaced"? Maybe the cycle just repeats itself - if you live long enough to see it. I heard they used to speak French in England.
ranger_danger5 days ago
Yes, because there's nothing that says a country should be xenophobic, especially when Japanese themselves are not a single coherent race but a mixture from all over.
zahlman5 days ago
> especially when Japanese themselves are not a single coherent race but a mixture from all over.
> The Yamato (大和民族, Yamato minzoku; lit. 'Yamato ethnicity') or Wajin (和人 / 倭人; lit. 'Wa people')[4] are an East Asian ethnic group that comprises over 98% of the population of Japan. Genetic and anthropometric studies have shown that the Yamato people predominantly descend from the Yayoi people, who migrated to Japan from the continent beginning during the 1st millennium BC, and to a lesser extent the indigenous Jōmon people who had inhabited the Japanese archipelago for millennia prior.[5]
> Generally, the Japanese are related to other East Asians like the Koreans and the Han Chinese, but can be genetically distinguished from them.[47][48] Japanese and Koreans diverged from each other about 1.4 KYA, around the Asuka period or the middle of the Three Kingdoms period.
(For comparison, the Māori arrived in New Zealand about 0.7 KYA, and are considered an indigenous people.)
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h1bnotfound5 days ago
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djohnston5 days ago
Lol white people explaining to Japanese people why they have no race. I would subscribe to your channel.
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eli_gottlieb5 days ago
So, uh, is there any kind or venue of immigration that you regard as a legitimate national interest rather than "replacement"?
sudditer5 days ago
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amai5 days ago
Tariffs on workers. What could go wrong?
pg_bot6 days ago
Just make it an auction that runs every month.
aussieguy12345 days ago
Well I guess this is great for Australia, maybe we'll have our own rival silicon valley soon.
aurareturn5 days ago
The reason silicon valley works is because it has a giant market that can support products and services before they can go global. Same reason why China has its own tech hubs.
oytis5 days ago
SV companies are mostly selling globally from day 1
pabs35 days ago
Will they be targeting outsourcing next?
rPlayer65545 days ago
The title on HN conflicts with the truth and the title of the article. It is 100k per application (which gives the visa for 3 years) not 100k per year.
chvid5 days ago
Not much empathy in this thread being given towards the thousands of H-1B workers whose lifes will be upended by this.
LastTrain5 days ago
What makes this particular ill conceived policy bomb so special that it gets to stay on the front page?
jmyeet5 days ago
I've been through this immigration system. It's capricious, arbitrary and Kafkaesque.
It is absolutely clear that there is H1B abuse and I'm looking directly at the bodyshops like Infosys and Tata. Here's how it goes:
1. Apply for as many visas as possible. This is done primarily for Indian nationals for reasons which will become clear;
2. As the employer you really don't care which ones are approved or how many because what you're going to do is farm out those employees, whether there's 1000 of them or 10,000 of them;
3. Because there is an annual quota and applications have expanded so much, the chance of success is about 1 in 3 currently in the annual lottery. And a Principal Engineer in AI at Google or Meta has the same chance of success as a junior developer at Tata. There may be other options for the first person such as EB1 or NIW or L1 but that's really beyond the scope;
4. As part of this process you have to "prove" you cannot fill a position with a US resident or citizen. There is a whole process for this to minimize the number of applicants and to reject any who happen to find your newspaper ad and apply. This also applies to the Green card Labor Certification too, to a higher degree. Part of this is to make sure the employee is getting paid enough for their job and area. This is called a prevailing wage determination ("PWD"). This process doens't really work, which I'll get into later;
5. So you, as an Indian national won the H1B lottery and your visa is approved. You come to the US and hope Tata finds you a job where they farm you out at $200-500 per hours while paying you $50 or thereabouts;
6. Now the employer starts doing things they're technically not allowed to do, like if they can't find you a job they stop paying you. You may fall below the PWD because of this;
7. A H1B is valid for 3 years, extendable by another 3 for a total of 6 years, after which you're technically meant to leave the country. But what happens is the employer will file for an employment-based green card for you. If they do this in the first 5 years you can remain while that case is pending;
8. There are annual quotas for how many green cards are issued for each employment category. Additionally no more than 7% each year can be issued to any single country, based entirely on your country of birth, not your actual citizenship. And if you're married and have children under age, they will also count against these quotas.
9. So because H1B applicants are disproportionately Indian natioanals, there is a MASSIVE bottleneck for employment based green cards. As such, there is a HUGE backlog. Currently, USCIS is processing green cards for EB3 applicants from India who have a priority date of August 2013. That means their PERM was approved on or before August 2013;
10. So this is how these bodyshops can abuse Indian nationals. Those nationals really can't leave their job. Not easily anywway. There are laws that if they change jobs they get to keep their priority date but the new employer has to file an entirely new green card applications, including doing the entire PERM process again. Oh and if the employer moves area or their jobs changes significantly, it may invalidate their PERM too.
So these bodyshops can keep essentially indentured servants for 15-20+ years and at any time can fire that person. The power imbalance is so massive. This suppresses wages for everyone.
And these people are in the same cateogry as highly paid engineers in tech companies who have substantially better conditions.
Also, at any point along the way the USCIS can simply decide to take a whole bunch of extra time for literally no reason. They have a policy to randomly audit ~30% of applications. Why? They will never tell you. Their arguemnt is to avoid people "gaming" the system by working out the audit criteria so there's a bunch of random "noise" in there. Literally.
Well that doesn't sound bad right? Extra scrutiny? Except now you've added 1-2 years to the processing for literally no reason. You may get a request for evidence ("RFE") out of it too, which might add another year too. This can go multiple rounds too. I know people who spent 5 years going through audits and RFEs. One in particular is an engineering director at Google now.
While tech companies like Google, Meta, etc are better than the bodyshops they absolutely use this system to suppress wages, again because of the power imbalance.
It doesn't have to be this way. Take Switzerland as an example. I'm rusty on the details but IIRC if you're on a B permit (work permit like an H1B, tied to an employer) for 5 or 10 years (EU citizen is 5, otherwise 10, generally), you automatically get a C permit, which is basically a green card.
All this to say is that I have mixed feelings on this $100k fee. It will absolutely cut demand for H1Bs. It will decimate new graduate H1Bs but there's an argument that US residents and citizens should get priority for entry-level positions anyway, right?
If all this comes with much less paperwork, like skipping the whole LC process, then maybe large employers will pay it because they absolutely do spend a fortune on immigration lawyers.
If anything, the entire immigration system needs an overhaul but there's no political will for that. There are no votes in it. Quite the opposite: any serious attempt can be dismissed as "they're stealing our jobs".
I also think layoffs at large companies should absolutely preclude you from sponsoring H1Bs entirely for 2+ years.
densh5 days ago
Some details on the Swiss side:
There are two variations of the B permit one can get. An unrestricted B permit isn't tied to a specific employer and provides a path toward permanent residence (C permit) within five years for EU citizens or ten years for non-EU citizens. Based on my experience, EU citizens almost always get an unrestricted permit and are treated relatively well by the immigration process: at their first application, they receive a five-year B permit, and at the first renewal five years later, they automatically get a C permit. As a EU citizen you just need to find a job, and your right to work is essentially unrestricted.
The non-EU path is quite different. A non-EU citizen only gets an unrestricted B permit if they prove they have special skills that are not currently available on the local job market. There is a yearly quota for such permits. One can also be unlucky and get an L permit, which is for temporary work only. Moreover, restricted B requires yearly renewal with a demonstration of ongoing employment at each renewal.
If you get a restricted B permit (or L), you don't have any direct path to a C permit, no matter how many years you've lived in Switzerland. You can complete your bachelor's, master's, and PhD degrees and continue working for a university as a contractor afterward, and still not be eligible for the path toward a C permit after over a decade of living in the country. To get a C permit, the last two years prior to the application must have been on an unrestricted B permit, working a full-time, unlimited-term job contract. The change to an unrestricted B permit requires you to have become a "special talent" during those prior years; otherwise, it won't be granted.
cadamsdotcom5 days ago
Wow. With the exploitation you describe, a $100k fee will only mildly worsen the ROI on exploiting these people.
nickpsecurity5 days ago
" Summary
Companies
Visas are used principally by tech sector
Over 70% of beneficiaries of H-1B visas enter US from India
Latest move in Trump's broader immigration crackdown
SAN FRANCISCO/WASHINGTON, Sept 19 (Reuters) - The Trump administration said on Friday it would ask companies to pay $100,000 per year for H-1B worker visas, potentially dealing a big blow to the technology sector that relies heavily on skilled workers from India and China.
Since taking office in January, Trump has kicked off a wide-ranging immigration crackdown, including moves to limit some forms of legal immigration. The step to reshape the H-1B visa program represents his administration's most high-profile effort yet to rework temporary employment visas.
Read about innovative ideas and the people working on solutions to global crises with the Reuters Beacon newsletter. Sign up here.
"If you're going to train somebody, you're going to train one of the recent graduates from one of the great universities across our land. Train Americans. Stop bringing in people to take our jobs," U.S. Commerce Secretary Howard Lutnick said."
Absolutely. I've seen so many H1-B's doing run of the mill IT work. In the past, some job adds said "H1-B preferred." That's on top of all the Indian outsourcing.
It looks like Trump is one again making it expensive to use a foreign asset to encourage use or development of local assets. If they're truly talented and rare, then the $100,000 will be worth paying. I could see the A.I. field doing that since they're already doing it. Many will consider hiring or training Americans.
mlinhares5 days ago
Illegal immigrants, legal immigrants, permanent residents, citizens, they’ll come after everyone.
throwa58856675 days ago
I wish the US would just return to "racial" quotas like pre-WW2 instead of all this huffing and heaving.
MAGA (and most Americans) don't seem to have any issue with immigration -what they have a issue with is the culture/skin-color/ethnicity of who immigrates. Indeed this is where the country quotas come from - Europe with 20 odd countries has 20x the priority than India or China.
If the US had an ounce of honestly they'd just make this explicit instead of beating around the bush. Since people have better opinion of the Chinese and other "white" East-Asians (admittedly the fairer gender only), just restrict it explicitly to "race" of Caucasians and there "Yellow" races.
It'll save Indians and other "suburbans" a lot of trouble not dealing with this farce of "liberalism" going forward. I genuinely mean this - given how things are going, Indians will find themselves in the place of Jews in Nazi Germany quite soon. And much like the useless British-colonial state that governed Israel then, the vestigial British state in India which is as internet upon Anglo-American triumph today, can't and will do jack shit for them.
this2shallPass5 days ago
How little do you know about the experience of Jews in Nazi Germany?
> And much like the useless British-colonial state that governed Israel then, the vestigial British state in India which is as internet upon Anglo-American triumph today, can't and will do jack shit for them.
Are you saying that Indian people wouldn't be allowed to immigrate to India?
Minutes of research say current Indian law allows people of Indian descent but not citizens to get Overseas Citizenship of India (OCI) — a special immigration status for foreign nationals of Indian origin.
You're eligible if you are:
1. A former Indian citizen (who gave up Indian citizenship, e.g., to get U.S. or UK citizenship), or
2. A descendant (up to great-grandparent level) of an Indian citizen, or
3. The spouse of an Indian citizen or an OCI cardholder (subject to conditions)
With OCI, you can have:
1. Unlimited stay in India
2. Right to work, own property, and open bank accounts.
India could change it's laws, keep all the non-citizens out (or even citizens, what can't we imagine in this fantasy story). India could deny OCI to most every person that applies for its green card like status. But under current laws in your unlikely story, they seem like they'll do something.
I'd expect they'd fly as many Indian people as they could out of the US like many countries do in times of war. Not that this scenario will ever come to pass.
pessimizer5 days ago
You're projecting.
kjsingh5 days ago
Thank you Trump for answering the forever question on the mind of a techie in Vancouver: Should I move to USA?
mrbonner6 days ago
Is it proposed by Trump. Why is everyone here assuming it is done and final. It probably won't be approved.
jpadkins5 days ago
approved by who? The people of the US already elected the president. He pretty much ran on reforming the visa system for the benefit of the US worker. This is a first step in the process. For those who don't understand how he works, this is the opening offer which is of course extreme. It will light a fire under Congress to actually pass some real reform. He did this with all the tariffs and trade deals. Despite what you read in the globalist media, it didn't cause havoc to the economy. He forces people to come to the table, negotiate, and get stuff done.
aurareturn5 days ago
Despite what you read in the globalist media, it didn't cause havoc to the economy.
I'm going to need to know how you define "havoc".
jpadkins3 days ago
a decline in the income or prosperity of US citizens.
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oncallthrow6 days ago
The great and good of the tech industry spent the last year sucking up to Trump and this is how he repays them
leakycap6 days ago
Will they learn? I doubt it.
RealityVoid6 days ago
They saw the writing on the wall. I don't think they _like him_ but they need to manage the inevitable. When you have an autocrat, you bend the knee or get destroyed.
leakycap5 days ago
> you bend the knee or get destroyed
More like you bend the knee and get destroyed. The better option is to not bend the knee, but weak people will do what gets them further today without thinking about the future.
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wolfcola6 days ago
just a way to extract further concessions, rinse and repeat
amir734jj5 days ago
what about postdocs and researcher at universities?
kubb6 days ago
Does the company still pay the 100k if the applicant loses the lottery?
dgs_sgd6 days ago
If you read the article you would see their plan is to apply the fee on entry to the US, after the candidate has been selected by the lottery.
stego-tech6 days ago
I vehemently disagree with whatever xenophobic nonsense he and Miller will vomit up to defend this move, provided he doesn't TACO out on it. Fuck bigotry, period.
However, H1Bs have been a thorny issue for a while, and this might be the rebalancing sorely needed. If Capital can freely import cheaper labor ad infinitum from abroad (or outsource it), then that deteriorates domestic stability while amplifying a form of Capitalist Imperialism abroad. Thus far, China's been the only country to really take full advantage of this long-term strategy error, and a lot of tech folks have been warning that failing to address known flaws in the visa process will ultimately leave us at a disadvantage in the long run, much like we did with manufacturing.
A high application fee is a start, but the better solution is dispensing with H1Bs entirely in favor of green card sponsorship with associated work contract. If these talented workers are that badly needed, companies would have no compunction sponsoring their permanent residency and, eventually, naturalization. Long-term data suggests none of the tech industry is really doing this, which means these "uniquely talented workers" are just replacing existing American workers at lower wages and higher precarity.
I love my international colleagues, and I want them to be treated with the same dignity and respect I receive. H1Bs do not, and cannot, accomplish this outcome.
slackfan5 days ago
Finally, Hooray!
hshshshshsh5 days ago
Great news as Indian living outside US. More FAANG hiring in EU and India. More pay. Thanks Trump. Even plus don't have to relocate to US and can avoid this lunies.
keeda5 days ago
A lot of the discussion is about foreign workers competing with native ones and dragging salaries and employment down. This is a simplistic view, because it overlooks the fact that an insufficient labor supply keeps companies from growing faster, which in turn keeps them from hiring even more people.
So there is a tension between competition and increased opportunities and wage growth through increased company growth.
But how does this work out in practice? Luckily, there have been a lot of studies about the impact of the H1B program, which you can find on Google Scholar or SSRN. An extremely quick scan shows mixed findings that are hard to summarize, which is understandable because the dynamics are complex. (Contemplating getting Gemini to do a Deep Research report on this.)
So to narrow things down, I looked for empirical studies that focus on the specific counter-factual, "how would native workers fare if there were no H1B?" Interestingly, while I actually found some, even the recent studies (from 2022-2025) rely on empirical data from 2006 - 2008. That was when the H1B moved to a lottery system, creating a natural experiment allowing for comparison between firms that won and lost the lottery. (One study does find that limited data from 2022 corroborates its findings.) Not perfect, but better than hypotheticals.
Here's a government page with a very brief overview of two relevant studies: https://www.congress.gov/crs-product/IF12966 (The page doesn't scroll, but the PDF can be downloaded.)
To summarize, the studies find that there was no negative impact on native-born workers in terms of employment, and in terms of wages, some saw increases and others saw decreases in the range of 3-5%, depending on age, tenure and level of education.
But interestingly, the 2025 study also found that winning a lottery also increased the chance by 2.5% that the firm survived. Causation and correlation etc. aside the implications for employment are clear: if a firm does not survive, all employees, native or foreign, lose their jobs. This is an example of the dynamic I mentioned above.
Beyond these studies, I follow a labor economist and it's fascinating to see how these dynamics have been playing out over the last few years in the broader economy. As a relevant example, there is a credible theory that increased immigration was what helped the US manage its inflation crisis:
But this doesn't match reality. The surplus of labor has allowed big tech to be exceedingly picky during the interview process. You will now fail interviews if you're unable to solve two Leetcode Hards in 45 minutes.
If there was insufficient labor pool as you suggest, interviews would become less selective and wages would rise.
keeda5 days ago
Tech interviewing has been dysfunctional for a long time, but yes it is much worse now because the tech job market is terrible. However I have previously commented (along with citations where possible) about how this job market is deliberately depressed. BigTech has achieved this through a few mechanisms, namely a) increasingly offshoring jobs while simultaneously b) freezing headcount in the US, and c) performing significant layoffs triggered by Elon's shenanigans at Twitter. And a highly under-reported aspect of all this is that these layoffs are causing much higher pressure on the remaining employees, which is leading to record levels of burnouts.
I'm letting my cynicism show here, but I think this is a power move by the capital class to show labor their place after an exceptionally strong labor market during ZIRP. This is much more recent and not related to the H1B program.
docmars5 days ago
Nice!
cyanydeez5 days ago
Gonna be a fast lane visa for companies that cancel liberals or pay fealty to trump.
Lets not act like this is a good faith adjustment of concerns.
zerosizedweasle5 days ago
For people saying it will just lead to outsourcing, do you think they won't punish these companies severely if they do that? Come on, think...
lisbbb5 days ago
the phrase "shutting the barn door after all the horses have run off" comes immediately to mind. It's way too late to save tech in the USA, imho. It's too late for my nephew, who couldn't get a job after graduating with a CS degree in 2022 and who is not currently working in the tech field at all. And it's too late for all the lost wages for all the guys and gals my age whose incomes were artificially held down using the foreign competition, both on and offshore.
Before you downvote and curse me out, please understand that I have trained dozens of H1Bs throughout my career and helped them be better developers while knowing full well what the overall game looked like. I did it wholly without prejudice.
Deep down, I always knew we would hit that inflection point and we did. I don't think it is fixable at this point. Thus, it makes sense for politicians to finally consider addressing the abuse. I currently counsel young people to not become software engineers/developers. Aside from the lack of jobs, there is the awful ageism that strikes right when family is the most expensive (college aged kids). I'm very fortunate in that I saved like a madman and we inherited some wealth, which we INVESTED and didn't just blow on cars, houses, and vacations the way most dipshit Americans do these days. So when the inevitable career abbreviation took place, I was at least prepared. But I'm no less bitter, and that's the truth.
guy_56765 days ago
Respectfully, at lot of what you say here runs contrary to my experience. US engineers are insanely well compensated, even relative to other developed countries. I'm a dual Australian/American citizen. I earned literally 3 times what I would have made in a big Australian city at my New York tech job.
I've always found it pretty easy to find a new job when I've needed one, even now there are an insane number of openings all over the US. The job market here is an order of magnitude larger then it was in Australia.
I don't doubt there is a deflationary effect on demand/wages due to h1b visas, but I don't connect at all with the catastrophic rhetoric I see in these threads. The United States still has some of the best opportunities in the world for people with tech skills
softwaredoug5 days ago
People are debating the merits here, and losing the big picture.
Congress makes laws. The executive implements them.
It could be a fantastic idea. But then make it a law. Give the president the power to do something like this.
Debating the merits without focusing on that first legitimizes this crazy psuedo law making Trump engages in and will enable him to be more arbitrary in other areas.
newfriend5 days ago
Pen and a phone. This is not a phenomenon unique to Trump.
bamboozled5 days ago
Why is it “Trump” specifically ? Is there no government anymore ?
anigbrowl5 days ago
Because he's exerting autocratic control over the entire executive branch. How many times does he have to tell you he's doing so before you can recognize it? He talks about it in interviews and on his social media, and not in vague or nuanced terms, but with clear declarative statements like "I have the right to do anything I want to do. I'm the President." (this example from about 3 weeks ago - https://www.youtube.com/watch?v=TOxw6Pc_KXw)
SV_BubbleTime5 days ago
>Because he's exerting autocratic control over the entire executive branch.
.... As the... head of the executive branch?
acdha5 days ago
Yes. He’s embraced a radical expansion of the “unitary executive” theory which focuses all of the power in the president, even in positions which by law or custom were independent. Think about last year: Biden didn’t call Garland into his office and demand that he lock Trump up or drop charges against his son immediately because the DOJ was never intended to be the President’s personnel fiefdom nor the AG his attorney. The federal reserve was structured to be independent as a deliberate statement by Congress that it was run for the nation, not one man’s political expedience. Past administrations used to honor the wall keeping political appointees out of tax or loan data, now Trump has Pulte rummaging through everything looking for mistakes he can use to prosecute people on his enemies list. Over and over we see the pattern of pretending that executive orders can overrule the law, to the point that SCOTUS is making unprecedented moves to temporarily allow things because even the Roberts Court is hesitant to rule in his favor.
It’s bad enough that he’s doing it, we should at least be honest about what’s going on.
anigbrowl5 days ago
Please don't be obtuse. I'm sure an intelligent person such as yourself is aware of things like the normal federal rulemaking process, the requirements to conform with employment law, and that the job of the executive branch is to faithfully execute the laws passed by Congress even when the President finds some of them disagreeable, not to rule by fiat.
ajross5 days ago
It was a White House announcement of a White House policy relying (apparently) on nothing but executive authority. The attribution is correct.
Obviously there are very serious civic questions here (like under what law the authority to levy that fee was granted! Congress controls taxation, not the president). But so far congress and the courts are uninvolved.
The attribution is colloquial, but correct. It's routine to refer to the executive branch by the president's name.
Bayko6 days ago
So now just outsource to those countries instead??
OBBB signed: Reinstates immediate expensing for U.S.-based R&D - https://news.ycombinator.com/item?id=44469124 - July 2025 (370 comments) [15 year amortization required for international R&D]
Lol, you really think the h1bs will go to China to work 996?
breadwinner6 days ago
No, Chinese will stay home instead of immigrating to the US.
China draws mainly on the talents of the best of its billion+ population. But America has had its pick of the best of the world's 8 billion people. If people stop immigrating to the US, then we will surely fall behind technologically, economically and militarily, and soon we will be making t-shirts for Chinese for $5 an hour.
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arcbyte6 days ago
Tariffs on offshoring are next.
saaaaaam6 days ago
Wasn’t that already effectively put in place with the changes to the exemptions on how R&D is treated for tax purposes? (I’m not in the US so this may have evolved now, I’m not sure.)
JumpCrisscross6 days ago
> Tariffs on offshoring are next
Unlikely. America has a massive services export surplus.
ebiester6 days ago
Do you think that matters to them? They'll burn it all down if they think it scores a political point.
root_axis6 days ago
They could already outsource for cheaper than the cost of an H1B
socrateswasone5 days ago
This is great. I have my doubts about Trump but I have to admit, he is keeping his promises. I thought there was no way he would do something like this with the tech oligarchs swarming around him, but it seems they are firmly under his thumb. Sometimes you just need a Caesar.
rimzy6 days ago
Great News!
Now Trump needs to go after all the "founders" scamming the US through their O-1 visa. That shit needs to end yesterday.
According to many economists, the presence of immigrant workers in the United States creates new job opportunities for native-born workers. This occurs
in five ways. First, immigrant workers and native-born workers often have different skill sets, meaning that they fill different types of jobs. As a result, they complement each other in the labor market rather than competing for the exact same jobs. Second, immigrant workers spend and invest their wages in the U.S. economy, which increases consumer demand and creates new jobs. Third, businesses respond to the presence of immigrant workers and consumers by expanding their operations in the United States rather than searching for new opportunities overseas. Fourth, immigrants themselves frequently create new businesses, thereby expanding the U.S. labor market. Fifth, the new ideas and innovations developed by immigrants fuel economic growth.
Similarly, a recent study found that, between 2005 and 2018, an increase in the share of workers within a particular occupation who were H-1B visa holders was
associated with a decrease in the unemployment rate within that occupation. Another recent study found that restrictions on H-1B visas (such as rising denial rates) motivate U.S.-based multinational corporations to decrease the number of jobs they offer in this country. Instead, the corporations increase employment at their existing foreign affiliates or open new foreign affiliates—particularly in India, China, and Canada. A study conducted in 2019 revealed that higher rates of successful H-1B applications were positively correlated
with an increased number of patents filed and patent citations. Moreover, such startups were more inclined to secure venture capital funding and achieve successful IPOs or acquisitions.
The available data also indicate that H-1B workers do not earn low wages or drag down the wages of other workers. In 2021, the median wage of an H-1B worker
was $108,000, compared to $45,760 for U.S. workers in general. Moreover, between 2003 and 2021, the median wage of H-1B workers grew by 52 percent. During
the same period, the median wage of all U.S. workers increased by 39 percent. In FY 2019, 78 percent of all employers who hired H-1B workers offered wages to H-1B visa holders that were higher than what the Department of Labor had determined to be the “prevailing wage” for a particular kind of job.
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selimthegrim5 days ago
I promise you some of us were here before 1965 and we remember things.
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diogenescynic5 days ago
If this goes through, I will be extremely over-joyed. Kudos to Trump for doing what is right for the average American and bucking his donors.
throwawa142235 days ago
A broken clock is still right sometimes.
dsmark5 days ago
Hallelujah!
moralestapia6 days ago
Yes, this is the way to go.
giveita6 days ago
Trump's plan might help with my dream of being able to be paid well in tech without going to the US. This action is another reason to divest from the one tech hub to around temperature works.
moralestapia5 days ago
Downvote me all you want.
Pack up, anyway.
x1ph0z6 days ago
Not the worst policy from this admin tbh.
yahoozoo5 days ago
What does this mean for corporate Diwali celebrations?
waynesonfire6 days ago
Fantastic news, not so much for Mr... Na .. Na... Not ganna work here anymore. Should add a yearly fee as well.
ljsprague6 days ago
This is good start but he needs to go further. After all, we're a nation; not an economic zone.
Animats6 days ago
$100K per person, or per company? Does Tata just pay $100K once?
ac296 days ago
The answer to your question is in the first sentence of the article
Animats5 days ago
"Sept 19 (Reuters) - "Reuters was not immediately able to establish details of who the fee would apply to or how it would be administered."
75% or more h1b went to one country for 20+ years even though another large country had way more students here in the past, who had less than 8% h1b. h1b is totally abused illegally for too long, they should be charged.
snake_doc6 days ago
Mafia behavior continues… (not my observation, but the Texas senator’s Ted Cruz[1]).
> “That’s right outta ‘Goodfellas,’ that’s right out of a mafioso going into a bar saying, ‘Nice bar you have here, it’d be a shame if something happened to it,’” Cruz said, using the iconic New York accent associated with the Mafia.
mschuster916 days ago
It does go to the government and not to Trump's personal wallet (like the memecoins and lavish gift), it's just a tax that's just not being called a tax, and frankly it's a good idea. The current abuse of H1B doesn't work out positively for anyone but the companies making a boatload of money on exploiting people.
snake_doc6 days ago
Oh? And taxes can’t be used to buy influence and votes? How naive… Money is fungible… one pocket into another
I think there’s plenty of interesting debates to be had about immigration policy and its effects on the labor market, but one thing worth noting here is that the primary problem that damn near every other country on earth has isn’t immigration, it’s brain drain.
A core strategic strength of the US over the last century has been that everyone with any talent wants to come here to work, and by and large we’ve let them do so. You can argue how well that’s worked out for us - having worked with a great many extremely talented H1bs in an industry largely built by immigrants, I’d consider it pretty positive - but it damn sure hasn’t worked out well for the countries those talented folks came from.
The top end of H1B has been great for America. In the last few decades, there has been growth of abuse of the program to get mid level talent at below market rates which really hurts the middle class in America. People need to understand that most reformists don't want to get rid of the truly exceptional immigration to the US. We need to limit the volume, especially the immigrants that are directly competing with a hollowed out middle class in the US. Let me know if you want further reading on this topic.
The hollowing out of the middle class in the US isn't because of immigrants, it's because of a sustained campaign by capital to reduce the power of labor over the last 50-odd years and to concentrate wealth as best they can. Immigrant labor contributes to that because we've got inadequate labor protections and because we bought into the idea that lower consumer prices was a fine reason to ignore both labor and antitrust.
"The hollowing out of the middle class in the US isn't because of immigrants, it's because of a sustained campaign by capital to reduce the power of labor over the last 50-odd years and to concentrate wealth as best they can."
Creating low cost alternatives and taking advance of lax laws is part of that. If you can import 100k skilled workers per year under a scheme that gives you more power over them. Then you also offshore 300k jobs per year to countries with weaker protections.
It's always baffled me how the same candidates that claim to be pro labor and pro environment are also pro globalization. The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
Wholeheartedly agreed. I used to work very closely with economists in asset management. What looks like efficiency on a spreadsheet can look very different on the ground.
> The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
A valid critique of how globalism was implemented in the US. However, this concern could be heavily ameliorated by policy. For example, making US companies using foreign labor adhere to the same labor standards they must adhere to domestically.
Perhaps a reason you’re baffled is because you are thinking only of domestic labor instead of global labor. Most Pro-labor people would, I imagine, consider the global labor pool in their analysis.
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it shocks me seeing how people are blind to the whole offshoring thing - I'm dev from 'third' world country (in Europe) and when joined my team had 9 people out of 13 from USA. In 4 years, we are down to ONE person, and this one is on H1B visa.
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I like your focus on middle class. That is if we're viewing h1b as an input we ought to eval based on what's good for the middle class.
I don't quite agree that much with causes: high housing, Healthcare & med bankruptcy, and high education costs (correlating with high housing) are bigger factors. However non tech/lawyer/doctors have been adversely effected by the fact they've seen no real income gains in 25 years overall.
Now, the top 5% and corps need to be made to pay more taxes... thats another subject.
A couple elderly people i know are quite concerned Trump will take their snap benefits, or decrease medicaid/care etc while the tax reductions were given on the bb bill. Thats not acceptable.
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Keeping the middle class distracted with racism is what the elite does very well.
> It's always baffled me how the same candidates that claim to be pro labor and pro environment are also pro globalization. The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
Propaganda is very effective, and Americans are the most skillful propagandists in the world. Immigration is as pro-capital and anti-labor as you can get, yet somehow the left has been convinced to support it.
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The argument is hard to buy when the same people are weakening the power of unions.
> It's always baffled me how the same candidates that claim to be pro labor and pro environment are also pro globalization. The way it plays out is that the jobs are just offshore to jurisdictions that lack the same labor and environmental protections.
Why's that? The jobs and lives of individuals in those countries are better than the alternatives present otherwise to them. Globalization may hurt certain America jobs but certainly countries like India is grateful for all of the engineering roles.
High consumerism is harmful to the environment but I don't think the link between offshoring jobs is direct to environmental harms and certainly it's helpful to giving more job opportunites.
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Labor share of US GDP is usually around 60%, which is comparable to Europe.
If you divide the GDP by the number of employed people (including self-employed and entrepreneurs), you get a bit over $180k/person. The median full-time income is a bit over $60k. In other words, as a gross simplification, the mean worker earns 80% more than the median worker.
The comparable numbers for Germany are a ~€100k, ~€45k, and 35%. If something is hollowing out the American middle class, it might be the high earners rather than the capital.
Your numbers don't sound that bad, and it's actually why people still come to America for opportunity. It's because the mean > median that makes America more desirable than Germany.
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It’s important to clarify that H-1B is a non-immigrant visa — you don’t get to stay if you lose your job. That matters because the debate isn’t about immigration itself but about how the program functions. H-1B was meant to supplement shortages in highly skilled roles. Over time, though, it’s reshaped whole categories of employment. Anecdotally, I see very few young U.S. devs compared to many late-career ones finishing out their working lives. If we dare to use the term “national interest,” the real issue is whether a temporary labor program has morphed into something that permanently alters the market.
This is false.
H1B is explicitly a dual intent visa.
It’s a non immigrant visa but also a pathway to citizenship.
And this is not just an abstract thing. There are, for example, very specific tax implications of this.
The dual intent nature of the H1B visa means the U.S. government requires H1B holders to pay Social Security and Medicare, precisely because the dual intent nature implies that they will be able to utilize those entitlements in the future.
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The largest contributor to the shrinking middle class has been more and more people are moving into the upper class.
You can look at Pew's survey here: https://www.pewresearch.org/social-trends/2015/12/09/1-the-h....
The upper-income tier grew from 14% -> 21% as the middle-income tier shrank from 61% to 50%. To be perfectly fair, the lower-income tier class did also increase from 25% to 29%. The story is complicated.
Notably, the report was published in 2015.
As you said, the story is complicated. Even in 2015, a decade ago:
> There is one other stark difference: only upper-income families realized notable gains in wealth from 1983 to 2013.
During the period of analysis then, either consumption among the lower two tiers eliminated their available savings ability, or the real purchasing power over this period declined, leading to the same effect.
The hollowing out of the American middle class is because the huge, wealthy middle class was a post-war anomaly, from a time when the US had the only intact industrial plant in the world, and lack of communication technology and logistical sophistication meant production had to be localized and centralized. So, if you happened to be living in the right places in the US, you could have a house and a car and put a couple kids through college on an (artificially-inflated) factory worker's wage. At the same time, 80% of the population of the world was on the edge of starvation.
Now, thanks to better logistics and communications, companies can move jobs to where labor is cheaper. This has pulled billions of people out of poverty, dramatically reduced the price of goods, and generally improved global well-being--but that was at the cost of the 1% of the 1950s, which is to say the American working class. Now, if you work in a factory in the US, you only make a single-digit multiple of what a factory worker in Korea, Mexico, Germany or Italy makes (though you still have a double-digit advantage on much of the world).
It wasn't sustainable to have a tremendously wealthy middle class in a world that was mostly starving. No amount of trade barriers could maintain that: you're relying on a world market with very little competition, and the other 7 billion people aren't going to be content to sit on their hands.
What you want to do instead is to develop new, cutting-edge, high-paying industries, and thereby keep a competitive advantage on the rest of the world. Maybe you could, I dunno, develop top-notch schools to lure all the best and brightest people from around the world to your country, invite them in, encourage them to stay, and get them to innovate and create here rather than elsewhere. That might just result in whole new, massive, high-paying industries that pick up the slack left by your diminished industrial dominance.
Seems like a good idea to me! But hey, instead, you could always try slamming the door shut, chase out all the dirty foreigners, and just rely on your inherent and intrinsic American superiority to carry you forward. I'm sure that'll work just as well.
One of the big changes in the post war era was that immigration was massively opened up in 1965. From 1924 to 1965 the US had very restrictive immigration laws, which led to labor shortages, which allowed unions to become strong, rising wages and the expansion of the middle class. Since 1965 we've had declining union participation.
This is simple supply and demand. If you restrict the labor supply, the value of labor increases.
The same thing was observed after the Black Death, which killed off 30 to 50% of Europe's population. There were labor shortages, which increased the bargaining power of labor, and increased wages.
It's really funny US companies suddenly start pretending they don't believe in supply and demand when it comes to labor.
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You really going to mention all that, which had some impact on the US middle class, but you're not going to mention anything about the US "wealth distribution" dynamics which has had its regulations and protections removed to the demise of the middle class?? Income tax roof being more than double before, corps being taxed more than double, the top earner vs bottom earner of any corporation much closer.. Less workarounds, no-one using the stupid "buy-borrow-die" strategy that is all too common now..
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The elephant in the room is how dismal more and more Americans quality of life is. Home ownership is out of reach. Living in the city at all is often out of reach. They have to work multiple jobs and those jobs often mistreat them.
I can see the argument that a large and super consumerist middle class might not be sustainable. However, for society to function, the alternative still needs to provide people with a decent quality of life.
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This argument never made sense to me. Why would the rest of the world being poor cause a huge middle class in America? Why would the rest of the world recovering cause the US to suddenly get poorer.
Like post post ww2 say we produced 1 car for every American. Also we produced 1 house for every American. Every car and house was produced in America because Europe was bombed to shit. Now 20 years later, Europe has recovered a bit and can start producing cars and houses again. Why wouldn't the US still be able to produce 1 car for every adult? Oh sorry, Germany is no longer a pile of rubble, you and your spouse need to share a car now. Also your adult kids need to move back in with you, no house for them either.
This is obviously absurd. US would be even richer since they no longer had to spend massive amounts of money funding the war effort and then massive amounts of money rebuilding Europe. Hollowing out the US middle class was a choice, not some law of nature.
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It'll work well for the rest of the world.
Though in this position, maybe China gets greedy.
So, if I understand correctly, your view we should continue pretend the H1-B is something called a "genius visa" and the best bet for prosperity is not for current citizens to have well-paying jobs but to increasingly import people from other nations and pay them less?
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If by hollowing you mean the reduction of the size of the middle class, it is because it has become richer, not poorer over time, so I don't think your take is right.
https://www.pewresearch.org/race-and-ethnicity/2024/05/31/th...
I've heard about the shrinking middle class in the US since around 1990. It somehow doesn't actually seem to be smaller now than it was 35 years ago. More and more ordinary from the bottom third of the population can afford things that used to be reserved for the upper third.
Are you sure it's really been/being hollowed out or are you just repeating something you've heard or read other people state so often that you think it's true?
That's not been my experience. Technology has advanced such that there are things that used to be expensive that are not any more. However, I don't see more people who are able to live middle class lifestyles. Things like owning their own homes, not having roommates, being able to leave demeaning jobs, only having to work one job, raising a family on a single income, etc.
This doesn't map exactly to "middle class" but it also seems like there's now a lot less ability for people to afford to work in "artist" type careers. It used to be that you could wait tables, get a low cost studio in the city, and work as an artist in the evenings/weekends. Now you have to work multiple jobs and probably still can't afford to live in the city and make art.
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The thing you're ignoring though is that main way you reduce the power of labor is by increasing its supply.
For instance one of the key factors in society escaping feudalism and moving onto market based economies was the Black Death. It absolutely decimated society and the labor pool. This gave labor the power to demand more compensation than a share of what they produced. But in times before if they tried that then nobility could simply have said no, as there were plenty of peasants willing to work for little more than food. But when the labor supply was suddenly cut in half? Now they had all the power in the world.
Labor unions can't really combat market forces. I don't even think ethical or moral arguments work either. If somebody, in the country legally, is willing to do your job for less money, and is capable of doing so, then by what right do you have to insist that you should be the one doing your job and getting paid more? It doesn't really make much sense. If you want to increase the power of labor then, by far, the easiest way to reduce so is to reduce the supply of labor. And vice versa for weakening it.
>The hollowing out of the middle class in the US isn't because of immigrants, it's because of a sustained campaign by capital to reduce the power of labor
Importing cheap foreign labor to undercut unions and lower wages is one of the spokes of the wheel used by capital to reduce the power of labor (and always has been).
It absolutely is, and for some goddamn reason everyone always gets mad at the immigrants instead of the bosses.
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> to reduce the power of labor over the last 50-odd years and to concentrate wealth as best they can.
What happened 50 years ago? Hart-Cellar was in 1965. The foreign-born population dipped below 5% in 1970. It’s 15% today. This had major political ramifications. Democrats were able to move to the right economically because they could substitute labor voters demanding structural reforms with recent immigrant voters who would be happy with relatively small handouts from the government, or even just visas for their extended family.
Don't you see how immigrants "reduce the power of labor" though? Cesar Chavez opposed immigration.
this is why people cant afford anything
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Thank you for illustrating a point that's hard to make, which is ... on this website everyone understands the math for supply and demand. Except when it comes to immigration. When it's about immigration, it's the evil capitalists. Again, thanks. We should all know by now that when the supply of labor increases, there is Zero affect on wages.
It is more complicated to model because the increased supply also increases demand for labor.
Immigrants need houses built, food on the table and many work very hard to pay for that.
That work, that sweat equity makes us all more wealth, a higher GDP.
Natives of the country that are well established in the country are in a better position to capture that wealth than the immigrants.
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Zuckerberg's compound didn't make the Bay Area housing crisis and Barron Trump isn't why NYU is expensive or hard to get into. Giving everyone involved $1 million from Larry Ellison's pocket wouldn't particularly change either.
That's not to say you shouldn't do it! But the problem is elsewhere.
If you gave everyone the amount of money Larry Ellison has (we could just print it) then Larry's wealth would be equal to everyone and he or Zuck couldn't afford a compound.
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But Zuckerberg hoarding 100s of billions of dollars of wealth far less productively than say a family in poverty on food stamps would slows the velocity of money and also keeps that money out of the broader economy.
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But it makes people feel good giving away other peoples money. And that feel good wins votes.
Idk what visa program was is under, but home depot used to bring in immigrants to run their stores (stockers , cashiers, etc ) under a program that meant that some contractor was putting 12 people in a 3 bedroom apartment and charging them big fees to come work for minimum wage. This was a while ago, but I was in the rental business and got to see it first hand and talk to the workers. It was extremely exploitative. 5 years ago they were still doing it my hometown, I haven’t checked since. It was mostly Eastern Europeans.
The H-1B requires that the position requires a specialization.
https://www.uscis.gov/working-in-the-united-states/h-1b-spec...
The positions that you're describing do not meet the criteria for the H-1B. If it was under the H-1B, then it should have been reported for fraud.Chances are this was done as a seasonal H-2B non-agricultural worker (likely under a seasonal need)
https://www.uscis.gov/working-in-the-united-states/temporary...
When you see fraud, report it. https://www.uscis.gov/report-fraud/uscis-tip-form“Seasonal need” to work from June to December, then another “season” from January to June lol. They would be on a 6on,6 off rotation, staggered with their replacements. I do recall though that there was a huge local hiring spree a few years back, so maybe they got audited.
The problem (for them) is that pay scales (and cost of living) in that area are above average. A friend of my son got a job there about 8 years ago and it paid about 63k plus benefits, whereas the average home depot employee makes about 32k. No idea what it’s like post COVID.
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> When you see fraud, report it. https://www.uscis.gov/report-fraud/uscis-tip-form
And tell your manager explicitly and put it on the record that you reported it. Get fired in retaliation? Lawyer up.
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It was not H1.
It’s likely an H2 visa (assuming it’s not undocumented immigrants). Which is unaffected and unchanged, likely because Trump properties are heavy users and dependent on these visas.
Or you could stop tying H-1Bs to employers, meaning that there's less incentive to do the work to bring "mid level talent" in at below market rates, because those people would immediately find a job at market rates.
There's a straightforward solution here. Right now H-1Bs are a way for companies to lock in employees by leveraging the visa status.
The problem with your solution (and similar solutions - e.g. implementing "salary auction" for H1B - i.e. it's not a lottery, but it's that the most paid get the visa) is:
It requires changing the law.
Which is very difficult, and requires a broad coalition in 2 houses of parliament.
On the other hand, executive orders are very easy.
I wish the better solutions get implemented, but until they are, we have to seek alternatives.
> Which is very difficult, and requires a broad coalition in 2 houses of parliament.
In the current moment the same party controls all three branches of government.
There's a more basic reality that the idea I'm mentioning simply wouldn't be popular. I just think that people talk about market forces in these discussions and the lock-in effect is so clearly something that's affecting the market, yet not mentioned nearly enough IMO.
This is exactly correct. The H1B visa has not lived up to its original premise in quite some time. A very significant percentage of people who are now working on these visas are not offering anything beyond what is already available within the American workforce, except for lower compensation.
I’ve never worked with an H1B software engineer from India that was anything but mediocre. I know they exist and my sample size isn’t huge but at least 3-4 of the H1Bs I’ve directly worked with in the past decade were completely unnecessary and could have been filled by a US citizen
A very large majority of all software engineers are mediocore or at least not exceptional.
I've worked with some extraordinary H1B sw engineers. I would say the ratio of great to mediocore is about the same as for non-H1B sw engineers.
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From the reuters table it seems that the biggest H1B beneficiaries are FAANG.
Do you suggest that they check the immigration status and offer to some people lower compensation because of their status?
Are you suggesting that those companies don't know they're hiring H-1B workers? It just sort of happens to them?
If they offer below-market (for American workers) salaries and get no sufficiently-qualified domestic candidates, as they're required to promise they do, it's no surprise to anyone that they're hiring a ton of H-1Bs. They want that because they want to pay less.
I don't blame them for doing what's fiscally advantageous for the shareholders up till now -- but I think I'll be glad to see this change implemented, if it is, because I know companies write on those forms "domestic talent not found" when they know the truth is "domestic talent not available at the wages we'd like to pay".
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If you already have an immigration status that allows you to work in the US then you're free to advocate for your worth by engaging with the job market. If a company has to sponsor you for an H1B though you'll be locked to one employer, and that lack of options is what means they don't need to give you market rates.
But yes, as far as I know companies would usually offer an H1B applicant lower salary. They know the candidate will need visa sponsorship because the candidate has to say up front (usually in the first conversation) if they are authorized to work in the US. If the companies know they will have to undertake costly sponsorship, and as far as I know employment law leaves them quite free to offer a lower salary: foreign nationals are not a protected class so salary discrimination on the basis of who will need visa sponsorship is just to be expected in the current system...
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It is useless statistics. In 2024 out of all H1B approved only 2% are for FAANG(~7K out of 400K). The whole debate is about remaining ~95% (adding another 3% for truly hi-tech work). Thats where H1B abuse happening.
Promoters of H1B keep talking about highly talented H1Bs while ignoring a mass hired at very low end of tech jobs.
What do you mean "suggest"? Every single job application I've ever seen has a question about citizenship/status. And of course they'd know whether they need to file legal papers to employ you as H1B or not - it's not like it somehow happens in secret. They know who's visa worker and who's not.
I can’t quite follow the logic of your question, it seems maybe you either don’t understand my comment or you don’t understand how this visa works.
No need to check immigration status. If they're non-white and have an accent it's already a tell you can lowball them. You'd probably skip over some white europeans with solid English, but lets be real, those people can fake being a US citizen easy enough with some trivially obtained paperwork.
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I have worked with software people on H1B visas who's #1 goal was to hire more [specific nationality] and thin out the rest. Their work ethic was a top-down rule by fear, and their code was VERY bad. Made my life straight up worse. One example of abusing the H1B visa system.
I have also worked with amazing H1B visa people.
Just make sure they're actually talented.
Funny you're in so much fear of repercussions that you don't even dare to say which nationality and yet most people in tech know which one you meant
I am skeptical that _that_ is what's hollowing the middle class in America, it's equally easy to point to income inequality for this. But you have your story you believe, I'm resigned that the die are already cast.
It's kind of sad to see the accelerated downfall of your country.
> it's equally easy to point to income inequality for this
Have you ever considered what causes income inequality? Maybe policy that favors globalist, ownership class over salaried workers? H1B in it's current form favors owners/managers over workers! We are saying the same thing. We have to analyze the causes of income inequality in order to solve it.
I will leave you with one last thought: the states with the lowest gini co-efficient are the ones that have been more conservative over time https://en.wikipedia.org/wiki/List_of_U.S._states_and_territ...
policy matters!
I am writing you from one of the two red Southern ones that is a glaring counterexample.
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It's not the only reason, but it's one of the likely causes. Like most complex issues, it's multi-casual. You can't import 100k+ workers per year into a country and have no effect on wages! I understand the net economic impact is potentially positive, but I am speaking to the direct economic impact of the workers being displaced.
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"it's equally easy to point to income inequality for this."
Of course - they're connected. Taking advantage of labor is a big part of income inequality, including the way H1B is used/abused.
> But you have your story you believe, I'm resigned that the die are already cast.
But that is your story you believe, consider that the parent commenter has the exact same (mirrored) mindset.
A useful segue to avoid you or them "being resigned": given that you say you're "skeptical", what would be the minimal proof you'd consider valid for you to change your mind?
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The median pay of an H1B visa holder is $118k. The 25th percentile is $90k. This is from the government's official data: https://www.uscis.gov/sites/default/files/document/reports/O...
Any suggestion that the program is dragging wages down instead of dragging wages up is not just misleading but factually wrong.
You seem to be suggesting that the H1B pulls wages up because the median pay is higher than the median overall pay in the country? That’s not a valid comparison, you’d have to compare the H1B’s salary to the median pay in their specialty.
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It definitely suppresses TECH worker pay and decreases mobility. For the H1B they become indentured servants often working 60+ hrs a week.
H1B holders are paid less for the same job, keeping wages down.
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Your second paragraph doesn't follow the first. 90-118K might feel like a lot to you, or to many, but it doesn't mean that those wages aren't dragged DOWN. If you live in SF, NYC, Seattle or other HCOL areas, 90-118K is definitely not HIGH. And software jobs pay WAY more than that. H1's definitely are paid BELOW the prevailing wage for the same job, in the same area. So compare apples to apples.
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> Any suggestion that the program is dragging wages down instead of dragging wages up is not just misleading but factually wrong.
The stats you provide here don't support your claim.
H1B visa holders can be paid more on average while still having a downward effect on wages...
Imagine that some car model costs $200,000 to buy in the US. However, an entrepreneur realises they can can import the same car from a poorer country for just $100,000 then sell it in the US for less than the manufacturer themselves. The manufacturer finds out about this and says, "hey! you're selling my car for less", but the importer says, "no, actually, you'll find the median car in the US is $50,000 so I'm technically increasing car prices".
So what you're saying could be wrong in two ways... One you could be wrong in the sense that even if it does increase median wages, that doesn't mean it necessary increases the median wage of US citizens if now a significant percentage the best employment opportunities are going to H1B visa holders instead of citizens.
But secondly, and the point I was trying to make with the car analogy, is that you could be wrong about the average wages going up too if H1B visa holders are taking jobs which would pay even more were it not for HB1 visas. So if the average wage of a SWE in the US is say $150k, but the average H1B visa holder is being paid $120k, H1Bs are clearly not "dragging wages up".
And realistically it's far more likely H1B visa holders suppress wages given how relatively high US wages are.
I'll end this comment by saying that personally I think this idea that giving the best opportunities to immigrants is probably directly wrong for many reasons. Of course, allowing in businesses and individuals who will create jobs makes a lot of sense, but what you really want is the best opportunities going to your own citizens, then to bring in cheap labour to fill the crappy jobs citizens don't really want to do, but are now increasingly doing when they leave university like working in a bar or becoming a barista. If there's a great job a company can't fill with the domestic workforce perhaps they should train someone for that role or take a risk on a recent graduate like in the old days?
You aren’t accounting for hours worked. Your H1B are probably putting in 30-50% more hours and with put up with any bullshit you dish out.
That tells us nothing without knowing the median pay of the jobs they're replacing.
What's the median pay of big tech workers? I started at 150k 8 years ago as a new grad, for comparison.
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Guest workers have no long term stake in living in the US unless they win a green card. Six years and they're out. Given this state of affairs, they will be compliant and not demand increasing compensation when they don't have to plan for a future in the US. Get too uppity and you get the boot. The suppression is hidden within this dynamic and sinks the prevailing wage for all workers.
Citations of broad H-1B visa abuse:
https://news.ycombinator.com/item?id=45305623
A better perspective is that the median H1B holder created $100k+ worth of value for some US company. Salaries are lower than the value you create, or else your employer would stop paying you.
There could be some rare edge case where you are undercut by a direct competitor, but overall America is much richer with H1Bs that without them.
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We would have to look at that by industry. For example, if median developer pay is $130k, then both of your numbers are below that and would bring the median down. $118k for highly skilled workers (purpose of H1B) seems low to me. Additionally, the upper bound for the middle class in all 50 states is above $100k.
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I've seen other analysis showing the 80% of the wages are below the prevailing wage of the equivalent role. It's definitely about wage suppression and having an indentured servant.
Can you explain how those statistics support your conclusion? I don't see the link you're drawing between them.
I also am not convinced that those statistics alone can be used to draw such a conclusion; there's more to it than that.
Are you really not familiar with management and corporations? Firstly, stating those numbers does not prove your point but it is all belied by exactly the reason all of us that are aware of the realities know, which is that for the most part part H-1Bs are sought after because of them being cheaper. The implications from those like Gates, that the average person in the U.S. on an H-1B is a Turing or Wozniak or whatever is laughable, This is not to denigrate them but the so-called "genius visa" is a farce and the notion that there are not Americans that can do the jobs is also quite ridiculous. These things are heavily gamed and people from the countries that produce the majority of such applicants know that. I think you if you analyze it further, you may find it is all a lot more cynical than you might suspect. Why do you think H-1B visa holders in tech primarily come from a small set of countries that are not centers of tech innovation? Is it really that Europeans can't figure out bubble-sort?
That's WAY lower than typical tech salaries.
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your link says that those numbers are after some time spent in US, and initial payment is 75k for 25p and 94k for 50p.
Also, those numbers are bumped up by bigtech who doesn't discriminate by visa, so pays in bodyshops are even lower and tech salaries are way higher than that in US.
Haven't you heard how cheating that works? This is what was filled in on the H1B applications. The government doesn't check that, and so companies don't pay.
Second, Indians have to pay their bosses to get a job. Their real pay is at least $20k lower. And there's far worse as well.
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Looking at it solely from a perspective of competition between labor glosses over the fact that insufficient labor is also bad for the economy because it keeps companies from growing and hiring more people.
So sure, while the fewer jobs that they can fill could have higher wages (not a given, because lack of labor can stunt or kill companies) there could be much fewer people employed overall, which is clearly bad overall.
Of course, that assumes there is enough room for companies to grow. There are strong indications (e.g. the various labor and unemployment surveys) that this is the case in the US. In fact, there is a credible theory that the reason the US managed the inflation crisis so well was due to the immigration crisis.
I elaborated more (along with a couple of relevant studies) here: https://news.ycombinator.com/item?id=45308311
> People need to understand that most reformists don't want to get rid of the truly exceptional immigration to the US.
And how are “they” planning on determining who is “truly exceptional”? And what makes you think the “truly exceptional” ones are still going to have any interest in coming here when they see what happens to the people who the current regime deems “not exceptional”?
I sure as hell wouldn’t come to the US knowing I may be deported to a third world prison if I post the wrong thing online.
I don't think you need to define 'truly exceptional.' You just need to put in a limit and the scarcity will force the slots to go to the best and rarest talent. I'm all for bringing the truly best and brightest to the US. I'm not for replacing large swaths of the domestic labor force with an imported lower price equivalent.
> And how are “they” planning on determining who is “truly exceptional”?
For example by implementing a $100 000 fee for their H-1B visas, which ensures that companies will only use those visas to contract truly exceptional talent. That's a very small price to pay for a company to be able to hire a person who is among the greatest in the world in her field.
I don't think there's an H1B category for online political edgelords anyway -- we have enough of those already on both sides of the political spectrum, so I don't think anyone cares if that type of person is afraid to come here. If anything, maybe it's better to have less of that kind of thing so we can focus on getting things done instead of political partisanship?
Given this administration? Truly exceptional are the ones who pay personal bribes.
For exceptional ability, you have the O-1 visas.
Exceptional migrants can still qualify under O-1, which hasn’t really changed at all. Most tech startup founders can qualify for O-1, unless your startup is really pointless.
Agree with mid level talent part, not the middle class part. H1B holders by large don't hold typical "middle class" jobs like accountants, office admins, marketing, sales, teachers, etc: https://www.cnbc.com/2024/06/11/jobs-with-the-largest-shares...
Can you please share your reading material that links H1B software engineers with decline in middle class jobs from this list?
> In the last few decades, there has been growth of abuse of the program to get mid level talent at below market rates which really hurts the middle class in America.
That's a weird definition for "middle class", there are only 65k H1b visas issued every year. If you really are talking about the middle 60% or whatever of all workers, immigrants on H1b's are irrelevant noise. At most, these visas might be seen to impact specific professions (tech in particular, lots of doctors too) that most people don't consider representative of the "middle class".
Are we saying software engineers making $125-150k are middle class? If so, then yes this I absolutely believe this is true. These will still be high level people for the most part that will up our game in my opinion. Thats in the opinion column, hard to prove. But this fee may have a net negative impact on jobs for Americans as it will push more companies to simply outsource to these countries rather than pay more in the US. So you need to tax that too. And then they will find some way around that and we will need to tax that new thing. I don’t like this game, it is trying to stop progress in my opinion. But I guess it is a balancing act and who knows where you set the line. Adding friction to it will definitely make it so only higher quality talent migrates here, that much seems clear.
>$125-150k are middle class?
I would think healthily so, even if on the upper bands [0]. I personally see "middle class" solidly as $50k-150k household income (2 adults 1 kid)... but I live in the South. Two decades ago I lived in the bay area for less than $100k (electrician)... and that was regionally closer to the lower end of "middle class," even out in Hayward.
[0] https://en.wikipedia.org/wiki/Social_class_in_the_United_Sta...
The hollowed out middle class is surely because of the class of jobs that have been growing the fastest, seeing the highest salaries and salary growths, and have been the best jobs in America for 2 decades.
It’s not because of the other jobs which the H1Bs aren’t even allowed to do abd have seen falling salaries and degrowth.
Agreed, however the top end usually comes to US to do masters and then tries to get job using H1B. If this is where to be instated in this form, it almost precludes any fresh college graduates from getting a shot at this.
$100k signing bonus and $150k salary was normal for fresh grads back in 2014, pretty sure big tech can afford this no problem for actual talent.
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People need to understand that most reformists don't want to get rid of the truly exceptional immigration to the US.
What do the most influential reformists want? The ones who set the extreme agenda that everyone else follows? As I understand it, right now the US is routinely enacting policies that the majority of citizens do not want; from this, could we surmise that the majority of people, and presumably thus the majority of reformists, will receive the extreme H1B policies that they don't want?
How valid is this premise in an increasingly global world?
Most of the companies that are paying salaries could (and already do!) have offices in other jurisdictions where they could hire the same talent.
Better to bring this talent onshore, where the wages are taxed, than force these companies to hire from satellite offices?
It doesn't make much financial sense for companies to stop sourcing talent globally just because they can't be brought onshore, especially given enough time.
Purely anecdotal, but for me personally this wouldn't change who or how I hire, just the location.
Same basic question -- at the price of $100k/ea, it does seem cheaper to build-out more satellite offices.
But there's a parallel push around taxing American firms using foreign labor (https://www.moreno.senate.gov/press-releases/new-moreno-bill...).
If multiple new policies are put in place at the same time, then... I dunno... it seems harder to predict...
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corporate charters should be treated as the tools they are. such businesses do not exist without being tied to a particular set of laws in a particular jurisdiction.
I imagine for the "best of the best" making $500k+ annually, this is just the cost of business and they're not going anywhere, while for the h1b workers making closer to $100k annually, this is a show stopper.
I suspect that in the case of tech companies, the end result of this won't be more jobs going to Americans, it will be either remote workers in low wage countries or outsourcing to low wage countries. Which, in the long term, might lead to fewer tech jobs in the US overall.
Still, I can't help but feel a little bit of glee at all the tech companies who did their best to suck up to Trump, and now he stabs them in the back.
I thought the top end is supposed to be served via O1 -> EB-1A -> Citizenship pipeline?
> mid level talent at below market rates which really hurts the middle class in America
What is "mid level talent" though? you're not getting that data from H1B wage filings, they're factually under-reporting compensation.
Agree with the abuse part. Question is - is this the right way to fix the problem? A half baked executive order that raises more questions than answers for the existing H1B visa holders.
Sure, show us the numbers you got from your "further readings".
Plenty of peeps are being much more factual below, compared to the gvt linguo that you are just rehashing rn
With that in mind, would you say the administration is going about this the right way? Because this is going to hurt all H1B candidates, not just the "middle".
We should just set a number of H1Bs and auction them off.
Is there any data that supports these statements? Specifically that the program is abused and that it "hurts" the middle class.
First it was "we're only against illegal immigration, we want people to do it the right way".
Now it's "we need to limit the volume" and "don't want to get rid of the truly exceptional immigration".
Forgive me if I am skeptical, especially in a world where ICE is rounding up classic "exceptional" immigrants like biology researchers, or South Korean experts setting up a factory.
Honestly: a lie. One you chose because it appealed to you, and then constructed a narrative to support it. We could easily afford to have a middle class in this country if we distributed wealth differently, and more immigrants would help us do it.
this comment is at best wrong, and at worst, purposely misleading
Please share the articles you have about the matter.
I would like further reading on this topic.
I think one unintended outcome of this would be that the jobs would be completely outsourced to outside of US. The ones remaining would be government contracts that have provisions against it. The government could add tariffs on services, but we need to see if that just moves the companies outside of US or not. Capitalism in a democracy is hard to control.
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I don't think it follows that preventing that brain drain would have lead to appreciably better outcomes for those countries. The real sucking factor for the united states is the second to none availability of capital to spend on R & D. If you keep the brains where they were raised, there is no mechanism for them to actually turn their ideas into fruition because there is little funding to support this either in private or public sector. The reason why you hear about research talent going back to China is because they are offered PI positions and generous startup grants or something analogous in most cases, with the government there committed to invest billions in research. You can't really expect that in the global south. You can't even really expect that in Europe in a lot of cases.
> If you keep the brains where they were raised, there is no mechanism for them to actually turn their ideas into fruition because there is little funding to support this either in private or public sector.
In such a world, why wouldn't you see 1. foreign R&D companies, 2. indexed into a thriving foreign equities market, 3. gathering the interest of domestic investors who want to diversify beyond domestic investments, by 4. moving their money and/or investing in domestic proxy investments?
I say this as a Canadian whose managed mutual-fund holdings are apparently largely composed of foreign (mostly American) proxy equities — and who has met many Canadian-based VCs who don't do much investment into Canadian companies. If not for talent immigration, the American investment landscape would probably look similar!
The U.S. is where the money is. In canada between public and private sector about 30 billion dollars are spent on research and development. Across the entire EU, this figure is more like 440 billion dollars. In the U.S., the figure is 885 billion dollars.
https://www.conferenceboard.ca/hcp/publicrandd-aspx/
https://ec.europa.eu/eurostat/statistics-explained/index.php...
https://ncses.nsf.gov/pubs/nsb20246
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If you're a US investor, investing in US R&D is easy, you have a good idea of how things work and how to get justice if you're defrauded.
If you want to invest in another country, that's a big change. There's certainly opportunity there, but without knowledge and contacts, it can be very hard to get things done.
One track to investing in foreign R&D is foreign nationals come and work in the US to earn skills, knowledge, and capital, and then they take those earnings and invest them in their country of origin, maybe living here or there.
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> I don't think it follows that preventing that brain drain would have lead to appreciably better outcomes for those countries.
Well sure, it depends what the counterfactual is. If those countries just physically prevented the people from leaving, and nothing more, I wouldn't expect that countries' outcomes to improve. But what the countries suffering from brain drain presumably want is for there to be attractive opportunities for those skilled workers in their own country.
Gifted architects and builders are presumably born every year in Silicon Valley, but we are far too rich, developed, and democratic to want new buildings.
Other countries are free not to want the things that Silicon Valley talents generate. More for us!
But a country with the capital would do, who knows maybe China tries to import those "brains" into their country to compete with the US
One man's rising gas prices are another man's oil industry boom.
The H1B process is unfair to engineers because it drives down their compensation in a way that doesn't affect nurses or welders. If immigration were completely irrespective of profession and based solely around whether the imported laborers get paid enough to contribute more than they receive in taxes/public services, nobody would have any standing to complain about their wages being driven down because every single person benefits in the long run from the economic growth.
As things stand, tech workers and unskilled laborers get screwed by the current status quo because they don't reap the benefit of cheaper goods and services in all the other industries, but everyone else benefits from cheaper electronics/software and landscaping/housekeeping/food service while their wages grow.
You're not wrong on paper, the current immigration practices are just screwy.
EDIT - The hard statistical proof that most of the H-1Bs are tech workers:
https://www.uscis.gov/sites/default/files/document/reports/o...
Precisely, I have been saying this for a while: engineers are smart enough to invent things but too stupid to gatekeep their profession. You have bootcampers, H1B workers, self-taught whatever, anyone can call themselves an engineer overnight. In 5 years you are now a "principal engineer!" I would even go further and distinguish between software and other disciplines of engineering. A web developer who is called a senior engineer is on paper equal to embedded engineers who spent at least 5 years in education plus god knows how long in experience to get the same title. This is wrong. I don't see a CPR trainee suddenly being able to call themselves a registered nurse!
Software developer salaries are still extremely high in the US. So I would doubt that this has had a huge effect.
I'm not sure they actually are extremely high. It's just that most other salaries have fallen below what we'd normally consider middle class.
Stated another way, the things that software engineers can do with their wealth generally seem like normal middle class things. They can own a home but they can't afford a yacht. They can take nice vacations but they aren't part of the jet set. They can start businesses but generally not in capital intensive areas like resource extraction or heavy industry.
I'd say that software engineers, at least the higher paid ones, are probably on the higher side of middle class; but they are still solidly middle class.
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The median is like 140k. Is that extremely high? I know some cops who make more.
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I'm writing this reply not to the lazy commenter, but to anyone reading this thread...
Yet again, we have classic HN speculation masquerading as authority.
Should software developer salaries be comparable to accountants or to surgeons? That's an arbitrary value judgment.
Software engineers have less purchasing power than they would without the H-1B visa program, and that's indisputable. 64% of the visas go to IT workers and 52% go specifically to programmers, which implies beyond all shadow of a doubt that their salaries decrease further than the cost of the goods and services they pay for.
https://www.uscis.gov/sites/default/files/document/reports/o...
It's all there, black and white, clear as crystal. You get nothing. You lose. Good day, sir!
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This also impacts non-software tech: see recent layoffs statistics at Intel, what percentage are H1B and why aren't companies required to re-prove H1B necessity? Can we just over-hire and claim we need H1Bs because we can't find enough talent to fill the rolls, then submit that we over-hired and lay off all the US talent? This seems to be a bit of what happens even if not intentionally.
If you look at the background of founders in tech you’ll soon realize that without immigration this entire industry would be a shadow of what it currently is; it’s not about the amount of compensation, it’s about whether there’s a job at all.
I'm writing this reply not to the lazy commenter, but to anyone reading this thread...
You're just passing off your own speculation as authoritative, and you didn't even read my comment to comprehension.
I didn't say we need less immigration in the tech sector. I said it hurts tech workers when there's a deflationary effect on their earnings but not the goods and services they pay for, and hence the same immigration practices should apply to every industry.
On paper, you would think this is the case, but in practice 64% of H1-B workers are in IT and 52% are programmers:
https://www.uscis.gov/sites/default/files/document/reports/o...
Again, it stands to reason that if the deflationary effect on tech workers' salaries is disproportionate to the deflationary effect on all the other goods and services they pay for, then tech workers are worse off from the H1-B program. I've seen claims less ironclad than this accepted as fact in peer-reviewed life sciences-related research.
Your comment is just another classic HN case of speculation masquerading as authority.
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As always, so much zero-sum thinking in all these discussions.
Often, the person may not have been as productive, happy, or well compensated in their own country.
Also, over time, some of those people make money in the US and take that, their knowledge and skills and go back home to share there. Everyone is better off.
I was discussing this elsewhere, and dug up something I wrote 11 years ago, and I think I'm still pretty happy with it:
https://journal.dedasys.com/2014/12/29/people-places-and-job...
> Also, over time, some of those people make money in the US and take that, their knowledge and skills and go back home to share there. Everyone is better off.
How are Americans better off in this scenario?
A few ways:
1. An American company benefited from their labor
2. American consumers benefited from the goods / services they contributed to providing
3. American citizens benefited from the services provided by the taxes they pay
4. Other American businesses benefited from their patronage
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They generated economic activity while they were in the US, no? That seems to be a net positive. You'd otherwise have to be able to argue that, if you replaced them with a US citizen during the time they were here, the greater economic activity would have been generated.
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American companies are overwhelmingly owned and operated by Americans who can extract value from the H1B employees well in excess of their salaries (even with the new cap and fees)
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The more smart people we have working on the world's hardest problems, the more likely it is that we'll have breakthroughs that make the world better
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Also: whatever you think of this issue, it's very much r/LeopardsAteMyFace in terms of some of the big tech companies cozying up to the administration.
Is it? When you consider that Trump can exempt the corpos that cozied up to him.
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I greatly enjoyed your article and it saddens me the rise of this "us vs them" mentality. But people that think like you still give me hope.
Why thank you! That's kind of you to write.
I'm from the US, but lived in Europe for quite a while, and my kids have dual citizenship. I think that people moving to places where they are better off is a good thing.
The weirdest thing about the zero-sum rhetoric to me is: when one person is demanding to benefit at the expense of someone else, if I'm neither of them, why am I supposed to care?
Suppose I'm not an American--like plenty of HN commenters--or alternatively that (as in reality) I am an American but I have good reasons to think that the personal benefit I derive from the presence of immigrants is greater than the cost to me as an individual, even were I to concede more generic economic arguments about wage competition. Then... why am I supposed to prioritize the interests of American tech workers over foreign immigrants?
I don't in general endorse an "I got mine, screw you" approach, nor one that says "hey GDP is going up so screw the losers", but if someone else is taking exactly that attitude just with a nationalistic inflection, it's hard to extend them a lot of empathy.
> A core strategic strength of the US over the last century has been that everyone with any talent wants to come here to work, and by and large we’ve let them do so.
That's largely a myth, though. The vast majority of smart, driven people have no path to lawfully immigrate to the US.
By a wide margin, the main immigration pathway are family visas (i.e., marriages and citizens bringing in relatives). H-1B visas are a comparatively small slice that's available via a lottery only to some professions and some backgrounds - and the process is basically gamed by low-wage consultancies, with a large proportion of the rest gobbled up by a handful of Big Tech employers. And that's before we even get to the fact that H-1B doesn't necessarily give you a path to permanent residency, depending on where you're from.
For most people who aren't techies, the options are really very limited, basically "be exceptionally wealthy", "be a celebrity", or "be one of the world's foremost experts on X".
I mean there's somewhere between 10-20k o1 visas issued a year. o1 is literally the visa for smart and talented people.
There is also EB with National Interest Waiver - including for profession like Doctors and such.
Not to mention a lot of employment based visa, if you work for a US employer - L1, EB1/2 directly etc...
There isn't a permanent resident visa for Driven people - but you can get entrepreneur visas if you run a profitable business.
I'm not sure what you're saying here. Yes, if you're truly exceptional, you can get in the US. You can also get into any other country in the world. And the Trump administration doesn't seem to be interested in changing that.
But only a tiny sliver of what you would consider successful, skilled people can qualify for O-1. To my original point: if you're "merely" hard-working and good at something, you - as a general rule - have no lawful pathway to immigrate to the US.
Here's another way to look at it: let's say that in any country, roughly 10% of people fall into the category of "talented and hard-working" - not superstars, but the kind of people who would conceptually enrich the economy. Worldwide, that's probably what, 400 million adults? Further, let's say that about 10% would be interested in living in the US. And before all the EU folks sneer at that: that's probably a big underestimate, because a good chunk of the world is living in places with a much lower standard of living. So that's 40 million who probably want to come. And the total number of employment visas is ~100k/year. We aim for the global top <0.1%.
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This is so absolutely fundamental to US strategic advantage.
A huge reason we have so many unicorns is because doing business and scaling in the US is easier than EU or other places.
A huge part of why the Manhattan Project was successful was also because of substantial brain drain from Europe. I think Scott Galloway wrote about this or may have popularized it.
If you're only talking about the exceptional sure. But when Microsoft fires x and applies for ~x H1Bs the same day... That doesn't seem like what you're talking about at all.
If an employee is exceptional and a skilled unicorn wrangler... 100K is nothing.
Not sure if it applies to H-1B but if a company does mass layoffs, it automatically makes it so that the PERM applications (required for green card, which you need to keep the employee past the visa validity period + extensions; up to 7 years iirc) will be automatically rejected for some time. So it screws over your existing H-1B holders, making your company way less attractive.
Source: I came to the US on H-1B in 2012. I may be misremembering which stage of the process the mass layoffs affect.
Part of the problem is you don't know ahead of time (certainly not with 100% certainty) who's going to be an exceptional unicorn wrangler, and who's just going to be a pretty good engineer, unless they already have an incredible track record elsewhere. This will filter out a lot of possible future unicorn wranglers.
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A significant number of them were fleeing persecution. General rule: don't be inhospitable to your smart people or they will find greener pastures.
I hardly think world famous physicists are comparable to mediocre crud app programmers on a h1b.
I've read brain drain in this thread multiple times. I might agree this happened back then, but I don't know what people mean by it right now. Where is the term coming from suddenly and why is it used to uncritical?
"Where is the term coming from suddenly"
I don't think it's new, I've been hearing it my whole life
"and why is it used to uncritical?"
I ... can't figure out what this means.
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Nearly every country besides the USA has been experiencing "brain drain" to the USA since at least the end of WW2, and discussing it for just as long.
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Taking the well-being of abstract concepts like a country over the well-being of concrete individuals is a slippery road towards a particularly unappealing version of collectivism. Me emigrating from Eastern to Western Europe was among the best decisions I have made in my entire life, and I couldn't care less if the outcome of this is my country doing "worse". My country by itself doesn't feel nor think anything, but I certainly do. One of these thoughts is me not believing that I have a civic duty to be less well-off materially and mentally just so my taxes get re-routed to a country I accidentally happened to be born in. I vote with my feet.
Sites like jobs.now show the H1B situation is incredibly corrupt. So many hard to find jobs where they ask applicants to physically mail in their resume, so that later on they can make it an H1B job.
I don't think being against exploitive mass migration - which by its definition is brain drain of other countries, which every bleeding hearter likes to ignore - is the same saying no one should ever immigrate ever.
Don't worry. The actual text declares that DHS has the discretion to give exceptions to companies. [1] I'm sure this does not at all imply that what this policy really means is that companies who bend the knee won't see this extra charge.
[1] https://bsky.app/profile/josephpolitano.bsky.social/post/3lz...
> You can argue how well that’s worked out for us
And its an easy argument:
The Manhattan Project engaged thousands of scientists, but over 16 notable principal scientists (with major published credits) were foreign-born and either retained their citizenship or became naturalized U.S. citizens only after escaping persecution or war in Europe.
As of 2025, about 10-12 CEOs of the top 50 Fortune 500 (F50) companies were born outside the United States, representing roughly 20-25% of F50 CEOs. This number has grown over the past two decades, reflecting increasing diversity among leadership at America's largest corporations.
Nearly half of all Fortune 500 companies in 2025—specifically 44%—were founded by immigrants or the children of immigrants, meaning the original founders were not born in the United States or were the first generation after immigration.
These are just three major examples.
I don't know if that's easy. If this was flipped around, 100% of the top Fortune 500 would be born inside the United States if no immigrants were allowed in.
A better test may be comparing company performance worldwide instead of only in the F500. That's a different list, the Global 500.
> A core strategic strength of the US over the last century has been that everyone with any talent wants to come here to work, and by and large we’ve let them do so.
This is a double edged sword given that it means there’s less incentive to invest in US public education and fostering our own talent. Instead of brain drain we’re dealing with brain rot.
A hugely overlooked point. If FAANG etc want talented people, and couldn't hire H1Bs, they might have more of an incentive to try to influence education and to train people with aptitude but lacking learnable skills.
As of now, both the K12 system and college education seem in freefall in terms of quality and applicability to careers. No doubt those companies will devote their money to lobbying to keep hiring H1Bs instead of training the talent they need here, since they're just profit-optimizing functions, rather than humans with morals.
"extremely talented H1bs"
We would have to filter for these more. In reality the majority of H1B visa are issued to companies like Infosys or Tata who often have below average people.
They really should just outlaw H-1Bs for body shops. There is no rational justification for it given the blatant abuse of the visa program they have long demonstrated. If a company needs work done, they should be forced to sponsor a guest worker directly.
Who else is going to pretend to rewrite my ancient CRUD apps?
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> You can argue how well that’s worked out for us
The elephant in the room is that many of these highly successful people who have brought great economic advantage to the US over the years happen to have brown skin.
As for why this policy is being adopted: sometimes an elephant is just an elephant. The huge price increase hurts brown people (mostly), and possibly curbs immigration. It will play well with a certain segment of Americans.
There are many subtleties to the H1-B visa debate, but I don’t think they are at play in this policy change.
I think it could be most likely to apply pressure on the US-India FTA under discussion.
Context: 50% tariff has been applied to India. Chabahar port sanctions are reintroduced. And more to come in next few weeks.
I’ve worked with plenty of coworkers on H1B both on boring old enterprise companies and BigTech. Absolutely none of them were better (or worse) than American citizens.
On the other hand, those working for WITCH companies…
And trust me, I’m in no way “anti minority”. Not only are some of my best friends minorities - so are my parents…
If you're not anti minority why are using anecdotal evidence to generalize large population groups?
You mean generalizing population groups by saying they are no better or worse than the general population?
WITCH companies are not hiring the best or the brightest. Their entire value play is contracting out mediocre developers at mediocre wages.
Maybe talent in third world countries. I think it's mostly mid-tier people from first world countries.
People with actually talent and intelligence realise how messed up the USA is (and has been for some time) and prefer things like healthcare and gun control.
And if they really want the lack of work life balance and/or high paid roles, they can consult from US company like I do. Now I get the money, but I live in a decent country.
I don't think there is any amount of money you could offer me to move to the USA. Well ok, maybe when it gets to $10 million / year I would have to start considering it.
Meanwhile the vast majority of people in real world don’t consume a steady diet of r/politics et al, has actually spent an appreciable amount of time in the U.S., and has come to a different (nearly opposite) conclusion. I wonder which is more correct.
No, I spent multiple months working in the US and concluded I didn't want to live there long term. Not so much guns and healthcare as how screwed up the culture is and how little community there is. You guys are lonely and you really don't seem to get why.
> but one thing worth noting here is that the primary problem that damn near every other country on earth has isn’t immigration, it’s brain drain.
It's great if you only root for the US, but taking more global perspective, let's have other countries improve their situation as well. There are almost 200 or so countries, I am ok with them improving their economy using their equivalent of H1-B programs.
This is a golden opportunity for others to step in an eat Americans' lunch so to speak, let's see if they capitalize on it.
In the UK it is mostly immigration policy. Thanks to something called Boriswave, corporations could import knowledge workers at close to minimum wage (so locals couldn't even compete for those jobs) and now it changed a little, but still it's fraction of what local worker would command for similar job. This has basically collapsed the IT market. Then you have more people competing for the same resources, meaning rents going up, you wait longer for a doctor's appointment and so on. Just don't get me wrong - I don't blame immigrants. If I was in a poor country and had talent, I'd grab any opportunity to get more experience and get foot in the door so to speak.
It's corruption of the government.
Now, by the way I understand H-1B, $100k still seams cheap for essentially getting a slave.
After adjusting for inflation, slaves from the 19th century prices would be worth somewhere from $30k-$150k in present day dollars, according to the best research.
Very chilling to think about.
It hasn't worked out for Americans either. How many months does it take to get a job? Just ask around.
There’s another benefit to immigration that isn’t often discussed. Known as the immigrant paradox, children of immigrants routinely perform better academically than their peers, even despite other socioeconomic challenges. This suggests that immigrants not only benefit the country from the work they directly perform but their children also benefit the country by raising the bar for academic performance and arguably growing up into better educated if not better skilled workers themselves.
https://pmc.ncbi.nlm.nih.gov/articles/PMC5555844/
>> hasn’t worked out well for the countries those talented folks came from
Not so straight forward. Ambitious people leave underdeveloped countries because there are little opportunities. It's not like they are going to build same great product there as in California.
O-1 visas are for people with exceptional skill.
H1B visa is just a rank and file worker with a certain skill.
Isn't this what the O-1 visa is for?
Where would we be without foreign brains like Musk, Theil, the Wright brothers, knuth, North Korean programmers and that guy that got hired by 40 different startups at once.
Did anyone see the writing on the wall? This is an obvious ban on foreign high skill labor: what employer will pay 100k upfront cost?
The cost is not even close to cover the wage difference (20-30%): https://www.epi.org/publication/h-1b-visas-and-prevailing-wa...
Admittedly my frame of reference here is now a decade ago when I was living in California. But we would routinely hire people on H1B, and it most definitely wasn't because we thought it was a cost saving. Between the >=$20K in legal fees, similar budget for relocation expenses to bring someone into the country, and having to pay them as a foreign contractor for anything up to 10 months while we wait for the applications to re-open for the year. And then pay them the same as any local talent we hand on the team.
Hiring local people was preferable in every way. But the market was hot and it was seemingly almost impossible to actually do that.
I'm in the UK and can relate to this view strongly. As a software developer myself looking for hires there simply isn't the talent, especially in the North East of England so we have to cast our net further and accept applications from abroad.
>it damn sure hasn’t worked out well for the countries those talented folks came from.
It damn sure hasn't worked out well for a lot of talented, perpetually underemployed (many deep in perpetual debt) US kids. And I'm pretty sure that what those talented folks learn here in the US has made its way back to those countries, considering (e.g.) the level of competition we see from Asia these days.
I misread this initially as the problem that damn near every other country has is also immigration. This seems to also be at least somewhat true for first world countries.
Looking at the politics in Europe and Asia today, the question of who is allowed in and why is a central point of debate that rages and threatens to tear apart much of the fabric that was built over generations.
Being an immigrant, I think it’s net positive for everyone. I brought skills that, at the moment I immigrated, my home country could not leverage, even though it paid for my free education. I built on these skills and if my home country ever needs these skills, I would be excited to contribute.
Absolutely.
I think some people underestimate the power of those willing to migrate to the US.
I’m in my early 40s and moved from Western Europe to the US 11 years ago, and I feel I was the last generation eager to come, the perception of US is changing fast. This is not an H-1B problem but still a parallel one on how to attract people.
Shutting down H1Bs is extremely stupid because >50% of our unicorn founders are first generation immigrants that started out on the H1B. They are the greatest creators of jobs in the entire economy. Shutting down the H1B is a dark horse for the end of American success.
That depends on if unicorn founders are really “American success”.
Do we need more Facebooks and AirBNBs?
Yes? Do you want hundred of thousands of jobs?
It's absolutely insane. At some point you have to wonder if this is deliberate sabotage.
It’s just populism with no long term planning. They’ve decimated the job market, people are hurting, have given folks someone to hate, it’s an easy win for them.
A lot of Trump's support comes from people wanting to and happy to blame immigrants (of all kinds) for legitimate grievances - such as unemployment, expensive healthcare, housing, and inflation. The distinction between legal and illegal immigration is blurred not only by Democrats but also the economic populists occupying Trump's base. This is aimed at them.
I believe it is. Every one of Trump's decisions has been populist, simple and guaranteed to harm the US in the long run.
For H-1B see report here - https://news.ycombinator.com/item?id=45306919
Example of Poland and guys that Sam.A. Gave shout out.
Their talents would be simply wasted in Poland. There simply is not enough capital and academic resources are not going to best people but to ones gaming the system.
I bet a lot of talented people move to US because they would have to fight uphill battles in their home countries with lack of funding, nepotism, corruption, caste systems you name it.
So I don’t think it would make much difference for the countries if they don’t have society set in ways to benefit from those talents.
Ok that may be true but I would also argue there is such a thing as elite overproduction[1] via immigration. That is, we are basically importing a new elite for a fixed number of roles in society. Let's presume also that the children of highly talented immigrants are also highly talented. In some sense this kind of social engineering could be harmful to both nations involved.
[1]: https://en.wikipedia.org/wiki/Elite_overproduction
love it or hate it, it hasn't worked out well for/in the minds of native-born us citizens either, a sentiment which I think this policy is going to tap into hard.
That was my thought too, and then I wondered if the workers are $100k more expensive to bring here then maybe the jobs are just going to go to the same people, but in their home country.
What other country do you know of that can, with a wave of a hand, import a million highest-quality, ambitious people from across the globe? These folks aren't clamoring to go to other countries; this is the US position, and it was built with lots of hard work. With these changes, let's see how much this hurts in the foot.
It’s not a strategic strength of the country as a whole to displace out of the economy the top talent, with a constant stream of new workers. This is just a local gaming by industry heads chasing end of year bonuses based on short term financials. We saw the offshoring of talent in manufacturing destroy domestic capacity. We are now seeing a similar phenomenon as there is pressure from many sides to offshore tech or migrate employment from citizens and permanent residents to temporary residents.
The employment environment in Silicon Valley has been extremely strange since 2022. I haven’t been able to find a job in my field since then, despite being at the top of my game. I’m practically bankrupt and currently making ends meet in a minimum wage job.
> but it damn sure hasn’t worked out well for the countries those talented folks came from.
The ethics of emigration is an interesting area that's under explored, especially in non-emergency scenarios. We have obligations to our own societies, for example, but how this affects emigration requires clarification.
Unfortunately, this is a good faith argument.
In reality, this will just be used to show fealty to trump and a fastlane visa will be opened to companies willing to join the fascists.
Again, good faith argument against something that isn't bewing done with a reasonably democratic outcome.
Lots of truth there. But it's certainly worked wonders for the top tier of Indian society, being able to farm out labour. Akshata Murty certainly has had a fair slice of the cake, for example.
Thats why this move is good news for the rest of the world. Our competitive advantage will increase, year after year, albeit from a low level compared to the US.
Isn't Poland about to overtake Britain in per capita GDP?
No; UK has roughly double GDP per capita of Poland.
https://en.m.wikipedia.org/wiki/List_of_countries_by_GDP_(no...
I won't claim to fully understand it but by PPP they're close.
https://en.m.wikipedia.org/wiki/List_of_countries_by_GDP_(PP...
Do you not want your own citizens employed for imaginary geopolitical gains?
This mindset was always going to backfire and now you are just witnessing it.
A lot of the H1B's in the software industry definitely match the description you stated - talented folks coming from places which (I'll add) have superior education systems. The problem isn't immigration, it's the undercutting of wages and the fact that these H1's (who we ALL work with) are trapped, working with fear and under pressure, due to the leverage the employer has.
H1B program == leverage over the H1B workers due to the employment tie-in to residence, leverage over other non-H1B workers as well, due to the wider talent pool at LOWER wages.
I don't know whether Trump is doing is good, but the H1B program helps Owners more than it helps Workers.
Not quite. This type of visa helps folks like me live in livable countries with good enough salaries to help our family and elderly don't die in our home countries
Intelligence and wisdom comes from the shores of experience. This idea that you can pull einsteins from the east is stupid.
Are you really suggesting that people who are intelligent are purely that way because of their environment and experience?
Any amount of observing children will show that equal instruction will not net equal outcome.
Didn't Einstein himself literally come from east of the Atlantic Ocean? ;)
In English west/east has two meanings; geographic, and cultural.
I'm in New Zealand, which is far east of Japan, but still a western country.
Well, it's positive for the companies and their investors. Is that the "us" it has worked out for?
> but it damn sure hasn’t worked out well for the countries those talented folks came from.
No, it has not. And not because the people were not capable. It is because most of those projects depend on having the right kind of ecosystem. Massive venture capital, stable institutions, cutting-edge infrastructure, tolerant regulation, network effects, and huge government spend especially in space, defense, and R&D.
Those elements are overwhelmingly concentrated in the U.S. and particularly in Silicon Valley.
Jan Koum didn’t build WhatsApp in Kyiv he built it in California. Ukraine in the 1990s barely had reliable phone lines, let alone the mobile networks, cloud infrastructure, and capital required to scale a global messaging service. Sergey Brin didn’t found Google in Moscow. Russia had brilliant mathematicians, but no open internet culture, no ad driven funding model, and no free flowing capital markets. No chance of a SpaceX out of South Africa or Canada. Those countries entire annual space budget wouldn’t even cover a single Falcon 9 launch.
These are not just anecdotes, but the proof that without the combination of American capital, infrastructure, and government spending, projects on this scale simply would not have been possible. The brain power was there, but the ecosystem that turns raw talent into global impact was not.
The U.S. had immigration restriction for almost half of the last century: https://history.state.gov/milestones/1921-1936/immigration-a.... During this period, the U.S. became the undisputed superpower. Silicon Valley was established during this period too.
Of course we continued to accept superstars even during immigration restriction, like German scientists fleeing the Nazis. We probably don’t need more than 10,000 or 20,000 carefully selected immigrants a year to continue doing that.
I'd wager: Not any more !
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The $100,000 fee isn't the real route to a visa. See the proclamation text: [1]
(c) The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.
"At the Secretary's discretion" means "get your bribes ready". Lobbyists are probably already working the phones on this.
[1] https://www.whitehouse.gov/presidential-actions/2025/09/rest...
This is the reality, combined with the fact that this was pretty much the status quo already. O-1 visas were also a commonly targeted with lawmaker bribes. This just codifies what was already happening and screws over the smaller companies that don't have the resources, networks, guanxi, etc to play the game.
Every change this admin implements needs this examination first. Everyone is in here having earnest discussions about policy pros and cons, but it ain't that country anymore.
The companies the admin favors are being given backdoors for every policy that's presented, and the way to become favored is to present bribes, whether they come in the form of gold plaques, lawsuit settlements, crypto investments, or stock market collusion.
Well said! This is not a policy, for a policy you need to think about it, analyse effects and stick to it.
We know how decisions are made in this admin, and how shortlived they can be.
Why would someone pay 100k knowing tomorrow this might disappear?
Quite a while back the exponent podcast did an episode that has stuck with me for a long time about what they called “principal stacks” as an analogue to protocol stacks.
The idea that I left with was to look at the hierarchy of principles not just the set of or claimed principles.
At this point it seems as if the top of the principal stack for those in power isn’t even more power anymore, it’s just grift.
That's the ultimate expression of capitalism isn't it? The richest are obviously the most competent to solve government (see Elon Musk) and whoever is in power must become richer by exercising their power. For money is the reason for everything, and the ultimate mark of prosperity. I mean, if the President is 3 billions richer since he retook office, that means everyone is more prosperous right?
Right?
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> whether they come in the form of gold plaques, lawsuit settlements, crypto investments, or stock market collusion.
You forgot monopolization, power consolidation, etc
Top 6 H-1B visa companies:
Watch for activity favoring Trump from those companies.This thread is a poignant example of why I think tech folks might be one of the most gullible crowds out there - despite being perceived as smart. It's like a perfect storm of attributes and incentives. So here we are, completely preoccupied with picking apart details and effects of visa programs for a blatantly obvious kiss-the-ring initiative that couldn't care less about that.
The old “book smart vs street smart” rings loudly.
I completely disagree with much of what the Trump Administration is pushing, but they seemed to execute on the “street smarts” while policy wonks and others who want to analyze are preoccupied discussing policy.
Frankly it’s embarrassing how gullible and easily tricked much of the intellectual class is.
Why is DHS getting involved? It should be the sec of state. They issue visas. Or have things changed?
So you are saying this is bullish for QQQ
Judging from reason events, this is just another scourge he can (and will) use against democratic cities or entities
I see, they're just redirecting the firehose.
Actually it’s much more sinister. It’s another way to force companies to kiss the ring. The government apparently can grant exceptions if they deem it’s in the good of the country.
> The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.
This is after increasing the repatriation tax that H1-B workers pay on the sum they’re sending home for Indians only in the One Big Beautiful bill so it’d be effectively taxing both ways
https://www.bbc.com/news/articles/cvg98erzl8eo
Isn't that tax deductible from income tax? So for a typical H1-B it doesn't really matter (unless they remit more than their taxable income).
I very much expect companies to make 10 million dollar "campaign donations" to avoid the visa processing fees. Impossible for small companies to afford, but if you have 1000+ H1Bs in your company, it's a bargain.
This is very reassuring for those in the right industries. For non-strategic things like b2b SaaS, it's very likely to be a full purge
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> this section shall not apply to any individual alien,
> [or] all aliens working for a company,
> or all aliens working in an industry
I think it very explicitly allows that case
IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
I think a very high application fee is actually part of a good solution, but is useless by itself.
A flawed proposal:
* Dispense with the 'need to search for a qualified American' which just complicates the process without achieving the stated goal, and includes a ton of legal and bureaucratic expense and time.
* A large application fee paid from the company to the federal government.
* The worker's relocation expenses must also be covered by the company.
* The worker gets a 10 year work authorization on the day of their arrival.
* The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
The latter bullet is the key one. That's the one that uses market forces to truly enforces this person is being paid above market wages, and is being treated well, at their sponsoring employer. (which in turn means they don't undercut existing labor in the market).
It also means that employers don't really look abroad unless there really is a shortage of existing labor. But when there is a true shortage and you're willing to spend, the door is open to act quickly.
The obvious defect is that it creates an incentive for the employee to pay the federal fee themselves (hidden) plus more for the privilege of getting sponsored, and the company basically being a front for this process. Effectively buying a work authorization for themselves. I'm not sure how to overcome that. Then again, the current system could also suffer that defect (I don't know how common it is).
No company would ever sponsor someone if the last bullet is part of the deal. You're just killing the visa program another way with that wishlist item alone.
If they are using the program as intended they would. They are supposed to be looking for skills that are impossible to find in the US. If they are offering a good deal to the employee then the employee should stay, just like someone with full work authorization would.
If they are just using the program to pay less than they otherwise would for labor that does exist in the us, well, then we have another issue.
I would modify the proposal to include a larger annual fee rather than an application fee, so that the initially sponsoring company isn’t solely bearing the cost. There should also be a floor pay rate for the visa holder, something the 75th or 80th percentile of both the company and of income in the MSA the visa holder is located in.
All you're doing is having a gold card program but where the immigrant pays the applying company rather than the government. Seems pointless.
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Stopping companies from hiring quasi-indentured servants is a good thing
As you'll see from my other comments about H1-B visas, I agree. However, it doesn't change the fact that the person's suggestion would just be another way to kill the program, not a way to fix it.
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That's pretty common in Europe. Temporary work permits can be valid either for a specific job or a specific industry. In the latter case, as long as you can find a job that meets the requirements in a reasonable time, you can quit and stay in the country.
But those work permits mostly concern the individual and the government. The employer is not as much sponsoring them as providing evidence.
> as long as you can find a job that meets the requirements in a reasonable time
how long is that reasonable time in europe? For H1b it's only 60 days
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Really? Most if not all EU work permits, especially highly-qualified ones are tied to an employer for at least the first 2+ years. If you get fired you have up to 3 months to find another employer who is willing to take over your residence permit.
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Wait, so if we give the foreign workers the same at will employment rights as Americans, then they are no longer interested?
I thought they needed these foreign workers because no American could do the job?
No, what they wouldn't be interested in is paying $100,000 to help someone enter the country, with no compensation if they ditch you on day one.
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Not for an interchange cog. However you can keep someone with a golden handcuffs deal at above market rates if there’s some reason to bring that specific person.
Locals have always been allowed to quit the new job on day 1, and it has never been a crisis for employers.
A company that is confident it is offering worthy salary and career should have no extra reason to worry a foreign worker will quit during first week, than that a local worker would do the same thing.
The only difference a fee would make under such conditions is that locals become cheaper to hire, which is the point.
Part of the proposal is that the employer pays the government a large fee to sponsor the visa. They're not doing that for local workers; it's an entirely incomparable situation.
If you just want someone and not this particular applicant, yes but if you want a particular person to work for you, you will sponsor them regardless of this bullet point.
I totally support bringing in actual specialists, or fantastically talented people from abroad… but it’s painfully obvious how infrequently that happens. I worked with an H1B doing L2 support in the mid aughts. The position required significant knowledge of networking, but nothing close to even a mid-career enterprise network administrator, and it wasn’t a rare skillset for the area. We had plenty of very local candidates when we hired people before, but suddenly, new management decided it was an incredibly specialized, difficult-to-fill, rare job that paid locals an eye-watering 70k/year to start but paid an H1Bs far less than that I assume.
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This is not true at all. Employers will still sponsor talent that they need.
If you are sponsoring an employee for a visa and "it's a great thing they can't quit, it's the main thing that's keeping them here!", then you are abusing the system and should be excluded anyways.
I thought there was no-one else on the market? If you think it will kill the visa program, that means you thought hiring underpaid developers was the goal of the visa program. No-one would change companies if if get paid decently: You leave a bad boss, but you can stay with a with a 10-15% lower-than-market salary just because of the friction of changing (Cue the downvotes: “I’m changing for a cent more” - yes you do when you have energy but most employees absolutely don’t). And employees will stay because they need time to settle in the new country and the welcoming company is generally equipped to make integration easier for newcomers.
Almost all European visa programs have the last bullet point with the stipulation that they have 90 days to find another visa sponsorship job if they leave their sponsor.
Then kill it.
Perfect. More Americans get jobs.
You never get someone to pay a large application fee without some kind of reasonable prospect of getting an exclusive right.
Else, if company A pays a $100k fee, company B has an incentive to give the worker $90,000 more to jump ship. And this devolves to no one paying the $100k fee.
Only if employees are actually interchangeable at the rate you’re paying. You might bring someone from oversees who knows your internal systems and is therefore worth far above market rates to your company relative to any other US company.
Then it's not H1B visa anymore - internal employee transfers use different mechanisms.
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What if we make the fee per-year? "It costs $10,000 to sponsor a new H1B immigrant's entry, and then it costs $5,000 per year per H-1B employee you have." H1-B holder is free to leave, and the cost of that happening to their employer is fairly low. Then let's say after 5 years of H1B employment, you automatically become eligible for citizenship, since you're clearly a valued worker.
That's what they're doing, it's going to be $100k per year to sponsor, up to 6 years.
The other thing I've heard is to sort the priority of who gets H1B by projected salary which would go a long way to eliminate anyone trying to get people to train their lower paid replacements.
Forcing citizens to train their foreign replacements is a violation of the terms of the program and illegal. Disney did that and, while not being held accountable, they were forced to reverse their criminal decision.
I was a person training Disney’s replacements. In reality a major tech company hired a small consulting company and had them (me) train Indian replacements on the software. It appeared as regular training that we did in foreign countries and nothing was amiss. Until the news broke. So maybe Disney had a plan for replacement all along, the training wasn’t necessarily done by Disney employees and the contractors surely did not know either
* The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
You almost had me there.
The alternative is tying employment to freedom of mobility.
We can do better than bonding people by immigration status. This might be controversial, but I don't think should be bonding people at all.
You're taking a all or nothing stance. There must be a middle-ground where employers don't risk getting "scammed".
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> IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
This is not true. Transferring your H1-B to another employer is entirely possible, the new employer will have to file the application as usual, but the application is not subject to the annual H1-B quotas.
At least this was the way it was several years ago. I doubt the process has changed since.
Would they now have to also pay the $1k fee for a "transfer"? AFAIK, it's considered a new application, but as you stated, its excluded from the quota/lottery.
The fees apply to every application.
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> The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
I'm not familiar with current H1B law, but what prevents this from happening today? I've hired away an H1B holder in the past; the process wasn't particularly difficult.
My understanding at the time was that the tricky thing for H1B holders is that they can only have a 60-day gap of unemployment before they need to leave the country (or find a different visa resolution, I guess).
Now, if this new fee applies to H1B transfers as well as the initial application, well, that'll actually make it harder for H1B holders to change jobs.
who in their right mind would shell out 100k + relocation and not require some level of commitment?
People who are going to pay them enough money that they stay specifically because of the money?
The whole reason most people stay at jobs? (Theoretically)
That's the whole point. It distorts market forces when companies are allowed to just trap people.
A company paying half a million annually to ensure this employee is retained. It's not meant for joe sixpack making $100k/yr as an underpaid consultant.
If the talent is that good and you are paying above market you would. Not much different than a signing bonus
Signing bonuses almost universally have a 1-year clawback (or are otherwise only doled out periodically and not all up front), so not a good analogy here.
They had no problem offering 7-figure salaries to PhDs with research experience in AI a few years ago. Those are the exceptional workers the program was supposed to be bringing in the first place, not dime-a-dozen JS vibe coders.
The last one is tricky because who is going to sponsor a worker at the price tag of 100k with no guarantee of performance. That is rife for abuse. You could get google to sponsor you and then hop to your friends startup on day one.
It is reasonable that if you get a temporary visa to perform work in another country, and you decide you don't want to do that work anymore, you leave. They aren't enslaved or anything if the work is not worth it you can attempt to transfer your status to another employer or leave.
It seems the best way is to sponsor a seat and not a particular individual. That way you can rotate persons for the same paid h1-b seat.
Thank you! I am so, so sick of not a single person in this thread (except you <3) looking out for Google’s shareholder value.
It seems like there are two conflicting forces here. We want to ensure that we accept mostly high-skilled immigrants, so we can't do a pure lottery. But anything less than a pure lottery and immigrants are forced to "perform" or be kicked from the country, they will end up "both paid lower and unable to escape abuse" as you say. I don't know that it's possible to solve this satisfactorily.
Why is a lottery necessary? There is a quota so why not fill it with those being paid the highest compensation? What's wrong with a market solution? It would bring in those who are most in demand. What better way to measure demand than prices?
I mean, yeah, I was assuming that we have immigration at all.
A lottery allows a natural influx of people, who are free to find their way into whatever jobs are needed. It's another form of market solution, but more of a push model than a pull model. But it also, logically, reduces wages across the board (to some degree).
A pull-based model, where companies compete to bid for visa slots, lowers wages in high-end roles, because visa holders are beholden to their sponsor company, and uprooting and moving back to your home country is not something to be taken lightly.
Index the H1B quantities issued to the unemployment rate per job specialty + geographic region?
> IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
> I think a very high application fee is actually part of a good solution, but is useless by itself.
This is always going to be bad if you compare to what any functioning democracy should be doing in this situation which to revert the deterioration of wages and punish/reeducate abusers. I admit it's idealistic, but if you could suspend the need for political realism here a moment there is a chance you could see this is only logical.
> * The worker gets to leave their sponsoring employer on the day of their arrival, if they choose to. The employment contract may not include any clawbacks of anything.
This would be workable if it also results in the person losing their visa. There must be some downside for the employee, otherwise it's an invitation for abuse.
If the worker gets to keep their visa then it's just a backdoor way to get a company to pay for their visa and relocation so they can immediately quit and then go do some other job they actually want (at no expense to the next employer).
The final scenario you describe already happens with immigrant visas. Once you have your Green Card you are free to quit the sponsoring employer and work for whoever you want.
The last bullet is a good idea but wouldn’t work in practice. Otherwise a company could hire someone else’s H1B worker for $10k more per year and avoid the $100k fee.
Maybe a company that hires someone else's H1B worker for $10k more per year in the first year has to pay the $100k fee and the first company gets their fee back.
>> IMO the problem is that H1B employees are stuck at the employer for the duration of their green card process, and so end up both paid lower and unable to escape abuse.
This is not true. Typically you want to stay until i140 which for me took 1 year or so back in 2020. If I want to switch there are multiple other reasons I'd end up delaying the switch anyway (wait for vest, bonus etc ...)
Instead of a $100k lump sum by the first employer, what about $10k each year by the current employer? Or even $2.5k each quarter? That way there is no particular incentive to poach a "paid-off" H1B employee, and the company doesn't have to worry about making a $100k investment up front.
But then you can't make a placement firm selling access to the US job market.
> It also means that employers don't really look abroad unless there really is a shortage of existing labor. But when there is a true shortage and you're willing to spend, the door is open to act quickly.
You underestimate the ability of INFY/TCS etc.. to game these laws.
> * Dispense with the 'need to search for a qualified American' which just complicates the process without achieving the stated goal, and includes a ton of legal and bureaucratic expense and time.
Most H1B go through perm process that does this already.
You care about that, and you say that's the problem with H1B but I think that, really, a lot of tech workers in the US, and even a lot of the HN crowd _really_ care about protectionism. They want to suppress competition for their jobs, they want to keep their salaries high. I think this is myopic, but... What the heck, your country is speed running some interesting trajectory, this measure is the not even the biggest one on the radical measures pile.
What's myopic about keeping your salary high? Most people work for themselves an their families, not how their countries will appear economically in three decades? The situation of wage suppression helps investors and the owning class more than anything.
If you see near, but you don't see far, that's myopic. Even you agree with this in your post. Therefore, I don't see where the confusion comes from.
You can argue you only care about the now and, sure, if that's all you care about, who am I to say your priorities are wrong?
I do think that you're wrong though, I think it doesn't make you better off neither now nor in the following years. But, again, who the heck am I to tell you how to run your country. I guess we'll see how this plays out.
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They should set a very high salary as a criteria for hiring someone from abroad. You want exceptional people, not regular people that you pay less than the ones you find in your own country.
Your proposal is the same as shutting down the program, no company will take this? Like what's the benefit?
Isn't getting specialized workers (who you supposedly can't hire from the national talent pool) incentive enough? My understanding of the H1B system is that it was supposed to be a "last resort, exit hatch" sort of a programme.
I mean I'll admit I'm a bit of a radical on this issue, but I think the most sensible work authorization policy is "you're welcome if you're not a criminal, terrorist, or public health risk, and on that last point here's some penicillin and a flu/covid shot, let us know when you're feeling better"
My ancestors came here ~140 years ago when the only "visa" process was a look in the mouth at Ellis Island. I don't see any fundamental reason why we need to have stricter regulations than that, and I reject dragging the Overton window further right on immigration.
In 3 months after implementing this policy there will be ports of entry full of people who paid any money to get to the US and that ready to share beds and work for $4/hour. Salaries will plummet, rent will skyrocket, crime will go up, quality of life will drop. Your neighbors will have to move out and new tenants will be 20+ people who don't speak your language and share none of your values.
Funny thing is those who opened the gate will be protected from consequences of their own policies in their gated communities.
That's what we see here in Canada after reckless immigration policies implemented by past government.
I wish I lived someplace where we could take the huddled masses yearning to breathe free instead of a place where they're literally rounding up my neighbors for the crime of wanting a better life.
For what it's worth I know multiple people who have been turned away from Canada because their immigration laws are even stricter than ours. So I don't know how much you can attribute your lack of housing to immigration.
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> My ancestors came here ~140 years ago when the only "visa" process was a look in the mouth at Ellis Island
This is revisionist history. 140 years ago the Chinese Exclusion Act had already been in place for 3 years, and the Foran Act had just been passed. The high clearance rate of immigrants at Ellis Island had far more to do with preliminary screenings being conducted by transport companies, who were liable for the cost of deportation plus a fine.
Hear, hear.
hard disagree on the 'search for qualified citizen' or something to replace it. American policy needs to put Americans first.
Your other points are a good start. The main thing I would add is a floor on salary. H1B for a >$200k job makes some sense, it shows it's essential, the employer really wants to fill it and is having a hard time finding a US citizen. H1B for average or below average salaries is where the real abuse is. It's basically a form of indentured servitude.
The search for a qualified citizen is a sham process. Why shouldn't it be eliminated?
Make the incentives align with the priority, is what OP was getting at.
I'm with OP. Make it crazy expensive and let the employee quit if they want. Employers will immediately build the 'search for qualified citizens' into the process themselves.
I agree the current process is broken. I disagree that you don't replace it with something workable. Like many govt regulations, it's several decades out of date. Heck, a simple "I submit under the penalty of perjury that at least 10 US permanent residents have had good faith interviews for this position." type submission would be sufficient for me. HR people aren't going to want to commit a felony for their company, so the scams are going to go way down.
I agree with the protectionism aspect, to a degree. I also believe the current system does not achieve that in any way.
Everyone in these threads always points out all sorts of issues with the H1B system, which are mostly true, but it's not like there's a suggestion for a replacement here. This is a de facto shutdown of the program, not a reform. I'd be happy to see a reformed skilled immigration program for the US, but this isn't it.
The US makes up about 4.5% of the global population and it seems silly to think that the FAANG companies and the new AI startups chasing behind them are going to restrict their hiring to this tiny slice of the global talent pool.
The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India, Europe and Canada, which is a net loss for the US.
I myself became a US citizen two years ago after being on a H1B. I was paid the same as all my peers and for all its shortcomings the program worked for me. It stunning to think this has been closed off, killing the main path for skilled immigration into the US.
> This is a de facto shutdown of the program
Is it?
Some AI recruitments have seen 9-figure contracts. $100K is actually a surprisingly well-considered number and would still see the intake of legitimate talents, obviously contingent on the specific details. Indeed, those people wouldn't have to compete with masses of consultant trash and the whole lottery system could be done away with.
$100K actually seems perfectly coherent with forcing the program to winnow down to actual talents. People truly good enough to get the employer to pony up $100K to pull them in -- presuming there isn't some kickback fraud happening -- will truly be the best of the best.
> The only effect this is going to have is accelerating the offshoring of jobs through more hiring in
Paradoxically the #1 reason H1B employers bring in H1Bs is to bridge offshoring work. Pull in a dozen Indians and they're your bridge to the big Indian office, which is precisely why Infosys, Tata et al are such H1B users.
> Some AI recruitments have seen 9-figure contracts.
These are crazy outliers who would go through a different visa path anyway. US tech companies still need mid-level workers making low-to-mid six figures. Weirdly O1 visa holder spouses will get an O3 which doesn't allow them to work, making it worse than the H1B/H4 visa for some set of people. (H4s allow spouses to work)
They're crazy outliers, and that's fine. The point of H1B is hiring talent outside of the United States, not hiring normal webdevs or commodity software engineers. A fee like that, where a large salary for an exceptional job would make the cost relatively small, brings the program back to its original goal.
If you just need a normal worker, there are plenty of CS grads and unemployed SWEs you can hire in the US right now. If you need a specialized foreign worker because he or she is not available in the US, then chances are you are going to pay a premium anyway; that's the point.
>US tech companies still need mid-level workers making low-to-mid six figures
Yes, and there are plenty of US citizens to fill these roles.
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> These are crazy outliers
They are. And in the truly talented spaces there are many at all of the ranges in between.
> US tech companies still need mid-level workers making low-to-mid six figures
$100k for three to six years seems entirely reasonable if it's really such a critical need.
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> People truly good enough to get the employer to pony up $100K to pull them in -- presuming there isn't some kickback fraud happening -- will truly be the best of the best.
And what stops those people, best of the best, working somewhere else, with much better living standard(EU) ?
In the past, it's because of salary, but now, the 100k/year will either make company to lower their package, or try to extract much more from the employee.
$100,000 per year.
It is very in the air on what the details are, as is often the case with this administration.
There is a separate talent visa, why should they use H1B and pay extra 100k instead of using it?
> The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India, Europe and Canada, which is a net loss for the US.
Offshoring can, and ought to be, heavily tariffed.
Do you know what tariff is? How is it applicable to hiring people in offshore offices?
The tariffs are illegal and void. Even if it's implemented, how do you rise tariffs on intangible works? For the planned tariff, US consumers are the ones to bear the brunt of the costs.
> Even if it's implemented, how do you rise tariffs on intangible works?
If you are an American company (or a subsidiary thereof), and you have an employee resident in another country who does IT work, then you pay a tax to the US Treasury on that employee's salary. This tax can be varied depending on the country of the employee's residence.
Alternatively, if you pay OutsourceCo or whomever to provide you with IT services, then, depending on OutsourceCo's incorporated location, either you pay a tax on the services you buy from OutsourceCo, or OutsourceCo pays the tax on salaries just described.
All this can be avoided by hiring American workers, of whom there are many currently looking for work (mainly because of offshoring and immigration).
In this supposed competition with China, Trump is deeply dedicated to giving China every advantage possible.
From defunding science, fining the biggest universities, defunding green energy, making hiring ambitious foreign workers economically unfeasible, replacing technocratic administrators with incompetent lackies with quite literally zero experience, imposing inordinate tariffs ... It's just win after win for the CCP.
Couldn't possibly be more generous
Sad that we're doing this. The United States couldn't compete and was a poor country with minimal scientific achievement until the H-1B visa was created in 1990.
Yes, but all these things will have bad long-term effects. The short-term effect would be payment into the federal budget and increase in local employment.
Even with tariffs, the initial effect was to increase purchases before the tariffs hit. Later the companies started eating from their margins instead of increasing prices right away. So it all resulted in increased economic activity and then increased tax payments into the federal government. However, because this is tax on consumption, it will eventually reduce business profits and personal wealth of the consumers. Meanwhile, Trump can claim that the economy is booming and he is collecting huge tax revenues without any negative effects.
> This is a de facto shutdown of the program
Is it? $100k per hire isn't much of a cost to pay for large companies. Smaller companies may -- may -- end up having some trouble with this, but consider that $100k often amounts to less than a yearly base salary (and will pretty much always be less than a year of total comp/total employee cost), not to mention the costs of legal staff that they're already paying to deal with this stuff.
What this may do is cause some of the "body shop" consultancies to drop some of their "low end" business, so they'll focus more on targeting positions with higher salaries. That's... probably a good thing.
And yeah, we may see some higher rates of offshoring, but I don't think that will be significant. And I'm not even really convinced: offshoring is already possible, and in strict dollar terms is already cheaper than going through the H-1B process to bring someone to the US. If companies preferred offshoring, they'd be doing it; clearly the already-higher-cost H-1B program is still their preference.
I agree that this isn't going to fix the H-1B visa system, and is not a reform or even a particularly positive step toward a reform, but I think you're overestimating the negative impact. I really don't think this will change things much at all.
$100K per hire per year.
That's almost as much as the media H1B salary. It's a huge cost overhead. I don't understand how you can be dismissive of a number almost as high as hiring another engineer.
I think it's pretty reasonable line that it should cost the company at-least 2x normal to import someone.
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Id much prefer the companies pay $150k so that it entices someone to move from Nevada to California.
>> Is it? $100k per hire isn't much of a cost to pay for large companies.
It is $100k per hire per year.
https://apnews.com/article/h1b-visa-trump-immigration-8d3969...
$100k for a startup is a no-go from the onset. This makes foreigners basically unhireable for startups, and probably shuts down founding startups as well?
> Smaller companies may -- may
Really? 100k on top of a salary per year? Why would anyone do that?
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Please don't comment like this on HN. The guidelines ask us all to be kind; they're the first words in the "In Comments" section:
https://news.ycombinator.com/newsguidelines.html.
1400 x $100,000 is $140 million, not $1.4 billion
Yeah but no offense if you're paid the same as your peers, you're not necessarily exceptional.
There's literally millions of talented Americans out of work in the tech industry right now while companies continue to hire H1B.
The companies post impossible requirement job ads in obscure locations..to get around the requirements to hire Americans first.
There's between 5 and 16 million tech workers in the US depending whose definition you use. The tech sector unemployment rate is 2.8% per https://www.comptia.org/en-us/about-us/news/press-releases/t...
That is, at most, less than half a million people in the field and the majority of those jobs aren't the ones looking for overseas hires anyway. If we take CompTIA's number of roughly 5M tech workers it's 140,000 people, not "literally millions."
If you have better numbers, please, let us know.
To be clear the H1B is not for exceptional workers. There’s a separate visa category for that.
> Yeah but no offense if you're paid the same as your peers, you're not necessarily exceptional.
Says you. I work in Lake Wobegon.
I'm happy you're here but the H1B program needs to slow down in America for a while.
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If you're exceptional, by definition so are your peers.
>The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India
Such offshoring was possible before and after today.
Put another way, if all the H-1B jobs really can be offshored quickly and easily the way so many Indians and anti-Trump people here and elsewhere confidently predict, *that would have happened already*.
The offshoring has started happening in the last 2 years in some of the big companies, by for example opening offices in Eastern Europe.
I suspect it didn't happen before because these companies were more focused on growth than efficiency.
That being said, thanks to AI parts of the big companies are again focused on growth at all cost.
> This is a de facto shutdown of the program
No, this is just another tariff. If it costs $200k/yr to employee an H1B Software Engineer, and you expect them to work for you for 3 years, it raises the cost of employment from $200k/yr to $233k/yr. It'll discourage people from applying on the margins, which will bring the application rate down and acceptance rate up.
It's an annual fee. It would raise the cost to $300k/yr.
https://apnews.com/article/h1b-visa-trump-immigration-8d3969...
AP is reporting that It's $100k/yr. So it wouldn't amortize like that.
It's not a tariff
Big Tech chose to get elect an anti-immigrant candidate while relying on immigrant labor. Let them burn themselves down.
> The only effect this is going to have is accelerating the offshoring of jobs through more hiring in India, Europe and Canada, which is a net loss for the US.
I’m honestly tired of hearing the argument “if we do X then business will move to another state or out of US”.
Good riddance to the companies that flee from jurisdictions enforcing workers rights, don’t allow exploitation, etc.
The most important thing is protecting people, not fearing the cries of money-making machines.
Particularly in tech, where the network effects and first mover advantages are so strong.
California could introduce a million dollar minimum wage for software engineers, ban electricity on Thursdays, raise corporate taxes to 60% and still probably have more new unicorns founded in the subsequent year than Europe.
Subsequent year, probably. In later years, no. Massachusetts is case study on this.
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Don't be so sure of that. Network effects are still subject to tipping points.
They'll still end up in the US as they can work a year abroad and come in using L1-B program for 5 years (3 + 2 years on renewal).
L1 has no PWD, no min wage requirements (beyond min wage law in US) and is completely uncapped.
The business must go where the talent pool is if the talent can't be brought to the money. This H1B change is intended to remove a sizable portion of the talent pool from the US, so companies will have to follow (and spend US investor money on wages abroad).
So who is going to pay taxes to fund the country? Particularly as the population ages, meaning more costs and fewer workers.
Putting all else aside: if you’re an H1B holder currently outside the US you must return within 24 hours or you’re on the hook for $100k:
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3l...
Unfathomably cruel.
Oh! This is unexpected, I thought it’s only for new applications, asking every h1b holder to pay 100k is just unfathomable. We will see thousands of layoffs and people moving out on an unimaginable scale.
They said at the signing that it was per year. No idea if it’s applicable to existing h1-b’s.
https://bsky.app/profile/atrupar.com/post/3lz7tewnfrr23
Where does that per year come from? I dont see it in the proclamation.
https://www.whitehouse.gov/presidential-actions/2025/09/rest...
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This is announced with so much confusion and ambiguity too. Does it apply to current visa holders? Don't know. How do companies pay the fee? Don't know. Also announced on Friday night to go into effect Sunday midnight. Probably a feature though not a bug.
This link is dead already. Not sure if this is correct, it truly is confusing.
> Deleted the below posts out of an abundance of caution. Despite the words of the Proclamation, an unnamed White House official told New York Times that they intend to apply the $100,000 only to new applicants only.
> If that is correct, the implications are not as urgent.
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3l...
> unnamed White House official told
In important cases like this one should read the bill's text and not watch some random video on the Internet which has no legal power.
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I've been hearing that H1B holders are currently trying to stay within the US in fear of not being let back in or because of shenanigans like this[0]. Wonder how many people are currently looking for a flight.
[0]: Oh, it looks like the bsky link has an article with companies advising as such - https://www.washingtonpost.com/technology/2025/03/31/immigra...
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You strongly agree with making people who were legally living their lives in the US lose access to everything they own overnight just because they happened to be outside the country on a random day?
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I respect trolling, in a weird way. But this is just incredibly lazy trolling. At least put in some effort.
If this is truly per application, the companies that try to boost their chances with the lottery by creating multiple applications for the same person are going to get hit hard. Phantom companies that only exist on paper so people can tweak the probabilities are now liabilities.
We'll see a rebalancing for sure.
> the companies that try to boost their chances with the lottery by creating multiple applications for the same person
This was already addressed by changing the odds to be per unique candidate, not application, thereby reducing the incentive to game it. More context here: https://www.uscis.gov/newsroom/news-releases/uscis-announces...
Unfortunately that doesn't work in practice since the consulting firms submit multiple applications for multiple candidates to get one candidate in. I believe charging extra for each application is a good way to discourage this practice but I'm not sure if $100k is the right number or not. To me it seems a bit too high.
The odds are now per candidate, not per application. If they submit multiple applications, it does not up chances for that candidate in any way.
And yes, it does work, because we have data from the year before this change, to the year after to compare against. The "Eligible Registrations for Beneficiaries with Multiple Eligible Registrations" dropped from 47,314 for FY 2025 to 7,828 for FY 2026. Source: https://www.uscis.gov/archive/uscis-announces-strengthened-i...
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Wasn't the application linked to the candidate's passport number?
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I find it odd that the H-1B has no per-country limits, which would have avoided all of this from the start.
Ah the conservative mindset:
When faced with an arbitrarily small, insignificant problem, in lieu of the status quo, the solution he/she advocates is to completely dismantle the status quo without any form and reason instead of actually focusing on the solution.
I.e punishment over progress.
To be fair, the true conservative mindset would “not tear down the fence, if you don’t know what it’s there for.”
In one sense they won't - it will reduce the queue enormously.
But you'll really need that person. It will also kill OPT in general.
It’s per-year.
IMO, the fee is the wrong thing that needs adjusting. It's the salary that should be adjusted. The minimum salary for an H1B should be $200k. It's something like 50k right now which is ridiculous especially with all the restrictions an applicant is under. It both suppresses wages and abuses the worker.
Can every industry pay $200k? I bet software, AI, or finance would be okay paying $200k, while e.g. hardware, aerospace, or biotech would have a harder time.
The idea of requiring a high salary is reasonable, but I'd make it rather e.g. 120% of the median salary in a particular industry.
Dare I say - If you're desperate for skilled workers, they should probably be highly compensated due to simple supply and demand.
If you can't find somebody skilled enough here to work for 200k or less, then you should probably be paying 200k or more since you're looking for a role that is niche and low supply.
There's also a bunch of organizations that are desperate and can't pay. E.g. a lot of rural and VA hospitals are staffed by H1B physicians. A rural hospital in the middle of Idaho won't attract a cardiologist through salary (i.e. the 500k/yr they can make in cities) and probably won't be able to afford a 100k application fee to get one. Also for lots of researchers and post-docs, 100k is more than their annual salary.
This fee is a great way to ensure that there's very little medical services available to rural populations and to help kill science in the US among other things.
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It might be that in that industry, paying someone the $200k might mean the position doesn't make sense compared to the value delivered, and that you should instead open up another offshore office
Since we have relatively reliable economic data on median income per industry, it would be really stupid not to use that data in a formula such as the one you suggested.
To go further, I believe there’s good data on cost of living, geographically. It would probably be wise to use that in the formula as well, so as not to disadvantage smaller areas, where cost-of-living and salaries are lower.
> To go further, I believe there’s good data on cost of living, geographically.
I like the goal of making sure visa works are paid well for where they live.
I would not want to restrict the visa worker geographically though. Or alternatively I am unsure about the overhead of tracking the location visa holders and enforcing salary changes.
Might also have unintended knock on effect of encouraging job growth in low cost of living areas.
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Who would have a harder time? The company that wants to bring in employees? Sure. But I'm also sure that the top experts would be lining up to take such a job. The companies wouldn't struggle to find someone abroad.
The percentage could be reasonable, but I think it's too easily gamed. You just know the company would try and say they are bringing in entry level people for whatever they want and use whatever lowest median they could find. There needs to be a fairly significant minimum salary to avoid such monkey business.
An H1B job should be cushy. Otherwise, the company should simply raise salaries to find local workers.
This is why I say about the median salary across a branch of industry. A company is free to bring in anyone they want, but not free to pay them entry-level salary then. They should rather pay entry-level salary to local folks, e.g. recent graduates. The point is to bring above-average workers from abroad, as you say.
I don't think it's easy to game the median number, or the third quartile number if you prefer. Unless the salary distribution is severely bimodal, it should work reasonably.
The entire market works through supply and demand. The basic idea is if you can't find someone willing to work for $x an hour you have to raise x until you find someone.
The h1bs are often used to abuse that system by just importing someone willing to work for x, with the added bonus of it being very hard for them to ever leave your company.
All things like this should be percentages/ratios. The idea of using $ amounts in legislation and regulation is fundamentally foolish.
If they can pay a $100k fee, they can pay a similarly higher wage instead
This makes sense if H1-Bs are about lack of talent instead of cheap labor.
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Is it too complex to just look at the companies taxes and be like... "Hey you are paying H1B workers 25% less than their peers. You get hit with a fine".
If you couldn't undercut H1B salaries there is little incentive to use them except for their desired purpose (you can't find any local workers).
Even paid identically, a company might prefer H1Bs for retention purposes. Having an indentured serf who's difficult for other companies to hire and is at constant risk of deportation if they lose their job is a winning prospect for the worst companies.
It also prevents wages from rising, can't find anymore local talent at 80K/year so you hire H1B at that wage. If that didn't happen, wages would rise until they found someone local. I think something like equal pay and then a 10-20% fee that is funneled into american education/up-skilling efforts.
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As my manager at Amazon once told me, “Amazon prefers H1Bs because they take more abuse.”
A great way to circumvent this is to build a large headquarters in an undesirable location. "No American software engineers are applying for my job in <random midwest town where I will be the only software employeer>! I need H1bs!"
Didn’t IBM try this with Dubuque?
What if they're bringing the average salary down for everyone else because they can, thanks to h1b?
The nurse that helped save your life at ER might be on H1B getting paid $80k a year.
the counterfactual is 'is there an equally qualified nurse who didn't get the position?' There is a lot of under-employment for highly qualified US citizens.
Because there aren't enough "equally qualified nurses".
> There is a lot of under-employment for highly qualified US citizens.
No, there isn't. Even with the current AI mess, the unemployment for highly-qualified software engineers is 2.8%: https://www.ciodive.com/news/june-jobs-report-comptia-data-I...
The AI is now decimating the jobs for the recent CS graduates.
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Maybe more talented Americans would become nurses if the pay met the demand.
We know that the US is not the only country with shortage in healthcare workers. Most countries with an ageing population face this.
We know that's not going to happen.
What now?
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That nurse may have just done their 6th 12h shift as well. Which they have to do or risk deportation.
Do we know what percentage of H1B's are NOT in the tech industry?
Nurses would be TN or in the past H-1C.
The H1B program should be scrapped and replaced with a program where anyone (who passes some background check) can pay $100k a year for a green card
Rich drug dealers from corrupt countries rejoice! your green card is in the mail
That's why you've got to pass the background check. It doesn't seem any more prone to abuse than the existing H1B program.
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Isn't that Trump golden card ?. Pay $5mil and boom, welcome to the US, rich drug dealer.
It's not in this article but in others that this will be addressed.
"The proposal would increase the wage floor for H-1B visa recipients from $60,000 to $150,000, eliminate the Optional Practical Training (OPT) program, and replace the current lottery-based selection process with a highest-bidder system."
EDIT: This is a proposal by 1 senator - not Trump. https://www.newsweek.com/h-1b-visa-change-proposal-2132484
I would appreciate some links if you have them
Done above but that's a senate proposal. Sorry for the confusion.
You may have policy opinions but what would incentivize the current admin to require more money given to foreign workers vs keeping wages low (which also helps suppress wages for non-foreign worker peers industry-wide) while collecting more fees for federal use?
They arent "trying to fix it" they are setting it up as corruptible, game-able, politically weaponizable
Why not both?
Because I don't really want to penalize a company for bringing in foreign labor. If a company can't find someone for a specific job or role then I don't care if they go abroad to find that person.
What I care about is the current system isn't being used to find hard to find labor, it's used to bring in cheap labor in an abusive situation.
We as a nation are really better off if we bring in the best in the world to work here with a cushy salary.
Multiple registrations are being filed for the same person in order to game the system. This is discussed in some details in a USCIS report [1]. The increased application fee is presumably to stem that practice.
https://www.uscis.gov/working-in-the-united-states/temporary...
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"If a company can't find someone for a specific job or role then I don't care if they go abroad to find that person."
You're believing and repeating the propaganda. The H1B was sold to Americans as for this purpose and then very deliberately turned into a loophole for importing massive amounts of foreign labor.
How silly is it to accept the idea that Big Tech companies like Google, Microsoft, and Tesla are not be able to hire Americans for any role they want. They're the richest companies on the planet!
These companies use the H1B to increase their labor supply, suppress wages, and gain indentured workers.
If they couldn't cheat by importing cheaper foreign labor they would have to compete against each other much more than they do for American workers.
This is all about big companies rigging the system. They do not care if it's good or bad for America, the foreign workers, or anyone else. It's simple greed.
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The fee should help ensure that only higher paying jobs or truly hard to find roles would be worth paying for as well (not that this is the right option, but playing it out). You would gladly pay 100k if the role already is high paying, it will be a small fraction of the cost, you won’t do that if it’s a couple year salary. It will also help curb abuse through multiple applications. I agree hard to find jobs for highly talented people (who are paid well) should be brought in.
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>If a company can't find someone for a specific job or role then I don't care if they go abroad to find that person
It was never, ever that they "can't find someone".
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This article implies the minimum will be tripled. https://www.newsweek.com/h-1b-visa-change-proposal-2132484
EDIT: This is a proposal by 1 senator - not Trump.
> It's something like 50k right now which is ridiculous
It is ridiculous. Do you have a citation for the $50K number?
Having a $200k minimum salary will just see outsourcing to Asia / Eastern Europe.
Is there a special tax on income generated by off-shore workers? That would be the software analogue of tariffs on physical imports.
The opposite, there's a US corporate tax loophole for having operations overseas.
https://thefactcoalition.org/tariffs-manufacturing-tax-break...
it is very difficult to determine this. Companies that do h1Bs are all multinational, so they can locate dev offshore and just say they did it internally. There's also the reality that even if you go out and try to evaluate the revenue that comes from IT, you basically can't get clean attribution even if you want to. many H1Bs are not working on customer facing product, but internal projects and that makes treating things like application maintenance or service desk pretty difficult to calculate for ultimate revenue outcome.
That's going to happen regardless.
Why is that a problem? Thats how the program should work, to recruit talent wherever it's found.
IMO the minimum salary should be $0 and Americans should be free to hire whoever they want, without paying a fee and asking permission from the government. Non-citizens should be subject to the same minimum wage and workplace regulations as everywhere else. Whoever wants to come to America should be able to freely come, treated the same as anyone else.
But that would be a free market that respected human rights, and Americans don't want that! Equality? Freedom? That's just marketing!
my country should prioritize its own people first, second, third, fourth, fifth... and anyone else an incredibly distant last, if at all
Nobody wants that kind of equality, just like they don't want other people to have equal access to their bank account or home.
> Whoever wants to come to America should be able to freely come, treated the same as anyone else.
So just open USA borders to anyone that passes screening (security / health / etc)?
What about gov subsidized welfare / healthcare / education / ...? Would you end all that? If not end it how would you handle the situation with current citizens vs the influx of foreigners who will expect these things be provided for them? And if those who show up start to vote for communism or some other ism that you do not like what will you do?
If the non-citizen worker can't change jobs as easily as an American can, you still don't really have freedom.
This straight 100k to the top is not a good way to implement this. It should be a percentage (say 50%, we can talk about what the number should actually be) of the total compensation that is being paid to the H1B. We should also just completely remove caps on H1B.
This allows companies that truly want extraordinary talent to pay a premium to acquire it with no red tape . It also makes it far less likely that they can significantly underpay foreign workers to work in the united states and undercut American employees (at a 50% surcharge, you would have to pay 2/3 the prevailing salary to break even (assuming all employees are the same)).
The 50% number is something I made up, I think we can have an honest discussion about what that number should realistically be (and it should probably be different for different industries). But my main point is it should simply be a percentage tax paid on top of all compensation for foreign employees. This is the correct way to balance domestic companies undercutting domestic labor, while allowing them to access genuinely extraordinary talent with no impedance.
Or we could have a functioning smart government who lets say, Nvidia or Apple hire more folks and Infosys less instead of having a lottery? Folks on H1B pay federal income taxes
There was a proposal for an auction. Highest prices get the visas.
That would just make the top companies get all the talent and new players and startups to stop hiring internationally.
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I disagree, why would they then not just hire the H1B at 50k and pay a 25K fee.
100k flat annual fee plus the new minimum 150k salary returns the H1B program to its original purpose of allowing US companies to hire truly exceptional foreign workers who have skills US workers do not. This allows companies to do just that and pay for it and at the same time protects the jobs and job prospects of US workers
> new minimum 150k salary
Where did you get this from? It is not in the EO passed today: https://www.whitehouse.gov/presidential-actions/2025/09/rest...
You're right it does not say it, I based my statement on what Lutnick said in the office. Looks like the 150k number is from a senate bill that has not passed yet
https://www.newsweek.com/h-1b-visa-change-proposal-2132484
I'll be honest that I read a different article on the same topic and did not know about the salary floor. So I wasn't thinking about that. I'm... mixed on that, but it does add a wrinkle to the equation.
I prefer a purely compensation relative approach because it let's the market decide what the actual salary for a software engineer is (with a percent of compensation premium for a foreigner and a 0 extra cost for a native). The market can dynamically adjust what a software engineer makes (not fixed price control) but it just cost more to hire foreign people.
In direct response to your first sentence, I think even foreign workers (who largely work harder and have more on the line than domestic workers) would question the wisdom of working for 50k a year as a software engineer in the US. They are actors in this system as well, and you can't just assume that you could offer 50k and get them to accept.
What's the basis for saying that the "original purpose" was to let companies hire "truly exceptional foreign workers"?
My understanding is that the H-1B was introduced by the 1990 immigration act, where the H-1B is supposed to be for "specialty occupations" other than nursing. But the same act introduced EB-1 and O-1 for people with "extraordinary ability", which sounds a lot closer to your "truly exceptional" understanding. I think maybe you're projecting a purpose onto the program that was never really there. The H-1B quota when it was introduced was 65k, so it's not like it started out being dramatically rarer than it is today.
> purpose of allowing US companies to hire truly exceptional foreign workers
You're wrong on the purpose of it. The O-1 visa is for "exceptional" workers. The H-1B is for normal people.
Half of India’s talent will be in US next day after H1B cap is removed. I will be first one to try
The entire point is to block middling unneeded H1Bs that are just taking middle-class American jobs, a high yearly salary bar does exactly that.
If you want a good job in tech, go look at Walmart’s job board in the coming weeks. They literally have thousands of Indians doing all kinds of jobs that could easily be done by Americans. I liked my time there, and there’s lots of great people, but it felt very clear that the system was being abused.
In my old org of 80ish, like half of them were from Telegana. All of management was from there. In total, at least 80% of the org was south asian. I guess it's just a coincidence ¯\_(ツ)_/¯. And I can promise you, at least half of them were completely useless. I mean, like so useless they couldn't even figure out how to use generics without 30 minutes of handholding
Also, WMT is not "in tech". Global tech is WITCH tier. The business side is run by the same type of MBA personality running Boeing
They're also forcing like half the company to move to Arkansas at the moment, so a bunch of people are trying to gtfo. I wouldn't advise anyone going there, startups are probably a better option
homedepot too
in my team of 23 there were 2 americans
I have to say, when one thinks of jobs available at Walmart, tech doesn't exactly come to mind first.
As of 2025, Wal-Mart's main corporate structure has ~2500 H-1B Visa Holders, $141k median, which allegedly no citizens can fulfill.
https://h1bdata.info/index.php?em=wal-mart+associates+inc&jo...
Maybe it’s true they can’t find citizens:
- at that price - in the Bay Area
But certainly they don’t have grounds to say they can’t find citizens to write JS or make apps.
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Walmart were early adopters of Node.js. Here's a 2012 article about it: https://web.archive.org/web/20221004193240/https://venturebe...
Was this comment posted before on other threads or is it just me? Not saying it isn't relevant to the discussion, but it does seem to be worded the same.
Nope. This is the original. Maybe someone else took my idea
This is actually smart. Many H1B visas are used to undermine fair labor wages for already local talent. We should ensure that H1B visas are for actual unique talent and not just to undercut local wages.
H1B is ripe with abuse - this article by Bloomberg says that half of all H1-B visas are used by Indian staffing firms that pay significantly lower than the US laborers they are replacing:
- https://www.bloomberg.com/graphics/2025-h1b-visa-middlemen-c...
This is very short term thinking, in that it assumes a constant amount of work and ignores the global competition for labor.
If the US loses its massive lead in the network effects of a large labor pool, the amount of work in the US will shrink, both by moving to other countries and less overall innovation.
This is not a beneficial move for most software engineers.
There is not a global competition for talent.
How many people on here can truly say that they were considering between two different countries. That doesn’t happen at scale.
There is a global competition for coming to Western Europe, Canada, and the US
A common problem in latam and other geos is brain drain. Most of their best minds simply leave the country looking for better opportunities. That is impactful for the countries economies, the country invest a lot in people,but others see the benefits.
During last century, USA has been the most benefited from that kind of immigration.
Personally I think that this is a very short sighted decision by USA administration. But overall, I think that this will benefit the rest of the world. Maybe in a few years even USA will start exporting their best minds abroad!
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> How many people on here can truly say that they were considering between two different countries. That doesn’t happen at scale.
/me
I started in Slovenia, considered London, actually got an offer in Canada, but ultimately chose San Francisco. Figured that if I’m going to the trouble of moving abroad, I might as well go to the center of the industry.
Got lots of friends who chose various EU companies based on desired lifestyle/work/partner balance. You have lots of options as a good engineer. Especially before the last 3 years of market shenanigans.
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>There is a global competition for coming to Western Europe, Canada, and the US.
As someone who lived in all three geographies and interacted with immigrants who lived in there, here is my raw take:-
Western Europe:- Love it and people are so nice but they are also (I am sorry to say) racist. Proof:- How many immigrant CEO's do you see from companies based in Western Europe? The top 4 largest tech companies in the US have two indian CEO's for more than 10 years now.
Canada:- Super nice and immigrant friendly more than the US, but the size of the country (approx 10% of the US) doesn't have the financial/economic/social infrastructure that is needed to support a large number of immigrants. Also tech salaries are miserable compared to the US
US:- For all its faults, US is truly the only country where immigrants looking for a better future can immigrate and assimilate into. For how long this lasts remains to be seen but I don't think that is going to change anytime soon.
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> How many people on here can truly say that they were considering between two different countries
Hi!
I know I'm just a datum, but I gotta represent myself.
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Not yet.
The slate of policy choices in the US is removing it from that list of countries, and will strengthen those countries' labor forces.
Right now SV salaries command a huge premium, because all of SV is predicated on increasing productivity, increasing the economic pie, and rewarding those who do so with a fraction of that gain in GDP.
Treating SV labor like plumbing or construction labor fundamentally misunderstands the dynamics and the creation of wealth.
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Because of our historical strength. If we drive people away, that just makes room for other contenders. How is that smart?
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Exactly, and especially SV and the US has seemingly been almost entirely locked down by Indians.
For FAANG engineers this will likely mean moving to Vancouver, Zurich or Singapore with their job, salary, rsus and taxes.
How many people on here can truly say that they were considering between two different countries. That doesn’t happen at scale.
Mmmh...How about four countries?US,UK,Canada &South Africa.
As a student,though
I had to choose between California and Germany. It is a thing.
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Only two?
> If the US loses its massive lead
By US you mean corporate America? What if they maintain that massive lead on the backs of the US citizens?
The exploitation of the US worker needs to end, if the company does not have 100K to bring in global talent then that company cannot "massively lead" in any domain and the "talent" is neither global nor talented.
I am an American-born worker at a giant tech corporation. My coworkers are all immigrants, my job was created by immigrants, if they left I'd be unemployed because there's no way I can build this whole thing by myself. The work would simply disappear without them.
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and so who owns the shares of "corporate america"? Newflash: Teachers' and firefighters' and cops' pensions are all invested in "corporate america". As well as pensions of union workers. As well as 401ks of all the other middle class people. Come on.
"the exploitation of American worker" ? American workers have one of the richest standards of living in the world.
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The competition isn't for labor, it is for net productivity. These are not the same thing. As anyone who has ever worked on a team can tell you, "more team members" absolutely does not equate to a more productive team. In fact we have a plethora of phrases and anecdotes which indicate the opposite is often true.
It could have been a smart move if it were staged like this :
Any oversubscription in a category - you have a choice of either going through lottery or paying for the higher category.That classification already exists.
https://en.wikipedia.org/wiki/H-1B-dependent_employer
... and is done for these employers already (though not to the level that is being proposed)
I suspect the very best engineers will be worth every penny of that $100k/yr and the amount of abuse will drop. There is the very real risk that companies will move to outsource more roles, but I will personally be boycotting them.
Good. I’m sure you and the 10 other individuals who choose to boycott all of FAANG will ensure that this all balances out in the end.
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very real risk ? it's a certainty not a risk.
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Companies are laying off people, so there is no competition for labor.
Right now. What happened in the future? When the job market recovers will it happen in the US or elsewhere?
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You're applying economics when the problem is fundamentally racial. Trump has exposed the dark underbelly of the US. The comments in this thread as well as elsewhere just show the fundamental lack of empathy - which I know is a made up word unless someone with the "right" political leanings was harmed.
Of course the visa is a privilege and there are tons of abuses associated with it. There are methodical ways of going about it and actually fixing the problem. Slapping a $100k fee with unclear language and no heads-up uproots while uprooting lives of so many people have lived in the country for years if not decades, maintained legal status, and paid taxes including Social Security and Medicare is "a smart move" according to the top comment.
But we all know what the real problem is. If majority of the H-1B visa holders had the right skin color, they would be welcome with open arms regardless of any abuse of the system. Just like how South African refugees are welcome while other those from the "wrong" kind of country are not.
"If you can convince the lowest white man he's better than the best colored man, he won't notice you're picking his pocket. Hell, give him somebody to look down on, and he'll empty his pockets for you." ― Lyndon B. Johnson
It has nothing to do with “skin color,” but economics, culture, and worldview.
“The safety of a republic depends essentially on the energy of a common National sentiment; on a uniformity of principles and habits; on the exemption of the citizens from foreign bias, and prejudice; and on that love of country which will almost invariably be found to be closely connected with birth, education and family. The opinion advanced in the Notes on Virginia is undoubtedly correct, that foreigners will generally be apt to bring with them attachments to the persons they have left behind; to the country of their nativity, and to its particular customs and manners. They will also entertain opinions on government congenial with those under which they have lived, or if they should be led hither from a preference to ours, how extremely unlikely is it that they will bring with them that temperate love of liberty, so essential to real republicanism? There may as to particular individuals, and at particular times, be occasional exceptions to these remarks, yet such is the general rule.” — Alexander Hamilton
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Don’t play the race card, you sound emotional saying that.
You admitted that there were tons of abuse. This gets back to the law’s original intent. This is the best fix that corporations “pay up” for.
It’s just politics. You have CS grads facing employment headwinds against AI, H1B, and high interest rates. They aren’t going to vote for the incumbents if they’re unemployed. Now they’re going to have a $100k discount to hire them instead of from a WITCH company. FAANG will still hire H-1Bs.
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Do you think those countries will be nice and invite us to be reverse "H1Bs" into their countries or will they keep the pie to themselves? If they think like you they'll invite the whole world talent pool into their countries.
The US has the nicest biggest pie in the world. Why would somebody move to a place with less opportunity?
The opportunity created in the US is due to the concentration of talent, high productivity, and extensive networks of people creating innovation that inflated the pie even larger.
Go ahead and move to any of those countries from the US, it's prettt easy, because everybody wants to be like the US! The only possibly better passport was a Canadian one!
Something deeply sick has infected the US when we no longer recognize the source of the wealth of our nation. Nobody could touch us. At least until we started to intentionally make ourselves poorer.
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Probably you can go most countries
A huge reason that no one can afford anything is because of wage suppresion
Yep. There is a huge amount of American talent wallowing in low-level, dead end jobs because corporations have been actively incentivized to hire cheap, captive foreign labor rather than foster American talent. I am absolutely thrilled to witness this return to sanity.
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> This is very short term thinking
The EO expires in 12 months, so, yes, it's short-term.
Maybe in a year the administration will rethink things. Maybe sooner.
That is a real slippery slope you made from $1000 H1-B visas. It is nonsense.
Strong disagree. This is a dumb move in that the US wins wins when people move to the US, especially young, skilled people.
There are big issues with the h1b, particularly how strongly tied to the employer the employee is and how few of these we give away. But this basically closes the door for hiring foreign talent to anyone but BigCo.
It is a sad shotgun shell on the right foot on a long streak of the US feet shooting it's way out of relevance.
Student visas still exist. O1 visas still exist. Other routes I can't remember off the top of my head exist. The door is not closed. Indeed, even H1B visas still exist, assuming that young talented person is worth $100k more than a US citizen.
> the US wins wins when people move to the US, especially young, skilled people.
I personally lean towards this being true, but it is a claim that needs to be demonstrated comprehensively for your argument to hold water. It is not trivially true.
you know what's really stupid? when we give someone a student visa and then don't have a easy to keep them in the country on a work visa
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There are studies regarding that: almost half of S&P 500 companies were founded by immigrants or their children https://www.brookings.edu/articles/almost-half-of-fortune-50...
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These other visas are incredibly complicated to get. And funneling everyone through student visas is just inflating demand for uni degrees.
What someone's labor is worth is up to the market to decide. Also those $100k are taxed out of the employer and employee's value.
On the benefits of people moving to the US: it's been widely studied and it's basic economics, immigrants bring both supply and demand, so the size of the economy grows and so the opportunities to current residents.
Take the extreme: when people leave a country or city the economy there collapses, see Detroit or the increasingly old and depopulating European countries.
Or take the extreme on who comes: fiscal studies show that even low skilled immigrants are net positive fiscally. Only very old and unskilled immigrants are a fiscal burden.
Finally, thinking that we can capture the world's economy in a bottle and live lavishly without competition is delusional. If we stop letting people build here, they will build elsewhere and without us. We are increasingly less relevant.
Let's turn this around - would the US win if young, skilled people were net-leaving it?
Imagine spending 25 years raising, educating, feeding, and clothing a person, investing over a million dollars of money and labour in them, and then they just pack their bags and leave.
Educated, skilled, young immigrants are a colossal gift to the host country, and a crippling debit on the welfare and prosperity of the country they have left.
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Anyone who has ever given it more than thirty seconds of thought knows that countries become wealthy when people living in them work - and make stuff. So what do you do to improve a country's prosperity?
Obviously, in backwards-logic, you start raising barriers to people who want to do useful work in it.
(Because dealing with the systemic issues that have resulted in the country becoming prosperous not being correlated with the plurality of people in it not becoming prosperous would upset wealthy people who don't actually build anything.)
Have you never met an H-1B worker?
I genuinely don’t know: how many H1Bs were granted this year while we have read about numerous layoffs? Were those H1Bs truly necessary? Were they paid at or above market rates?
My limited experience with H1B labor is not folks who are young nor particularly skilled. They are cheaper and faster to staff.
I'm by no means xenophobic. Bring in all the immigrants you want. But I can't agree that H1Bs are working as designed and pull in labor that doesn't otherwise already exist in the US.
But if you want to attract young talented and skilled people into the US, I don't think H1B is a good way to do it. I would imagine is more likely to result in people leaving after gaining skills and experience and set up shop back home where the money they earned stretches farther. Many of them are forced to do so after their employer tosses them away so why would you come here with any different plan to start with? There is no clearly laid out path to come here on an H1B and guarantee you get to stay even if you do stellar work.
The only way to do that (and preserve H1B) is to entirely disconnect the subcontinent from the application process. Their top companies exist only to scam immigration programs around the world, it is their raison d'être.
I have met very talented people from the subcontinent. I think the issue is the H1B structure is open to fraud.
Yeah exactly. And they embrace that fraud and turn it into a cornerstone of their economy. I too have worked with extremely talented people from the subcontinent and not one was on an H1B. The H1Bs I worked with were less competent than an undergraduate intern. Thankfully I only had to do that once during an on-prem install in Tyson’s Corner.
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So both people and companies from those countries?
Yep.
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Thats complete bullshit. Nobody can "steal" a job. Americans are lining up to give them jobs.
Why are you using quotes around steal as though I used that word somewhere? Read what I wrote, repeat it to yourself when you fall asleep, come back tomorrow.
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> This is actually smart.
Do you personally know any H-1B visa holders? I can only assume that by your comment that you do not. The ones who play by the system have their entire livelihood and home held over their head while under an H-1B visa.
Punish the companies and staffing firms abusing the H-1B visas instead of creating a blanket, anti-immigration policy that will only bolster those abusing the H1-B visa, because those already abusing are the ones who have the funds to pay this fee. Companies who do things legitimately will not be able to easily absorb this fee.
I will lose friends and colleagues because of this imposed fee. This will kick out all the good people we actually want working in this country. This will further reduce good people wanting to come to this country.
Exactly, it's not lime the visa holders get this 100k. The state does.
If we’d fix the green card caps so that Indian workers could get green cards we wouldn’t see as much abuse. The system is broken, so you’re suggesting break it further? The US benefits from a lot of smart immigrants, we should be making it EASIER, not harder, to attract and retain the best talent from all over the world. The United States is ceding its leadership here and we’re going to pay for that for generations.
As always with this administration using a cannon to kill a mosquito for the right reasons. And then people debating the reason rather than the cannon.
The logic from this administration and it’s supporters is opposite of Benjamin Franklin. Rather than thinking that it is better a hundred guilty persons should escape than one innocent person should suffer. They think it is better a hundred guilty persons be punished than one innocent person’s suffering. We have seen this from the South Korea detainees debacle and here too.
There is fraud in H1B system. People do take advantage of it. People do suffer from ghost jobs. But the question at the heart of the matter is what is the basis for a flat 100k fee? Because lots of numbers from this administration seem to be pulled out from thin air. There are reasons fines are set low in comparison to a company revenue but POTUS doesn’t seem to know.
this is not smart. If you want to reform an H1B program, reform it. This is not a reform, this is a bizarre attempt to do what? stop companies from hiring foreigners? they will simply hire them in their foreign offices or offshore.
What is reform and what is not reform? This is a change, not a cancellation. That sounds like reform to me.
reform is a type of action that tries to identify a concrete set of issues and fix those issues, implies a positive change.
this is a change in the direction of significantly reducing hiring of foreign workers by American companies, which is bad for everyone. It's bad for American companies, because it will reduce their growth. It's bad for American workers because when our companies don't grow, neither does our economy and that hurts Americans. So it's a change, but it's a dumb change.
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In other democratic countries, reform is mostly proposed in parliament. Experts and other government institutions are publicly consulted. Reform is seldomly passed under emergency grounds, and H1B rules are an unlikely area for emergency executive action that has a transition period of not more than 2 days.
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Reform is done legally. The statute this falls under requires the fee be based on the administrative cost to process the application.
Changing the statute requires Congress to act.
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Unless they follow this up with some major excise tax, this is the obvious outcome of this, IMO.
OTOH many H1Bs come with the intent of moving to the US and permanent residence eventually. Which makes our workforce stronger.
> OTOH many H1Bs come with the intent of moving to the US and permanent residence eventually. Which makes our workforce stronger.
Sure. But we are arguing about two separate things here. I am pro-immigration. But I am also against using immigrant primarily to depress wages.
So the replacement is the talent stays in their own country, making local wages there where their talents are leveraged via offshoring instead. They still work to their skillset, wages remain suppressed but their country of origin get their personal taxes instead. But at least the talented individual gets a lower quality of life, that will teach them to roll the dice wrong on the geography they were born into.
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Yes I would prefer just faster road to skilled immigration. It also doesn’t help string people along with this distant hope of permanent residency
Unless you are an American tech worker looking for a job
Economy isn't a zero-sum game. Foreign talents were the enabler of the growth in this field.
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I am an American-born tech worker and every job I've had that didn't involve bagging groceries was created by immigrants. Without these workers my career wouldn't have been possible.
Why does America have all the tech jobs in the first place? It is because of people like Elon Musk immigrating to the US and building the tech industry.
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there's a lot of new policy that seems to be intentionally inflicting severe brain drain
the US is no longer the clear destination for the best and brightest
This is idiotic. We’re already pushing China and India into a partnership with Russia. The sheer volume of people in those countries mean “on average” more brilliant people than we do.
The US competitive advantage is built on us being a destination for the best and brightest. Between this and the crackdown foreign students at US Universities why would the anyone want to come here?
The misuse of H1Bs is a small problem compared to the value it provides.
The best and brightest are worth the extra $100k tax, no?
Doubtful. Not sure I'd be hired. I was hired at like $160k/yr. Would my employer have paid over half my wages to import me? I'm not so sure. Am I not bright enough? Do ya'all not want me here? It's possible. I'm no genius but I think I'm pretty good at my job and I dare say above average, and I don't think my employer could fill all the positions they have with equal or greater talent with only American citizens.
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$15K extra per year? Absolutely. $100k pre-payment? No. That's impractical since the visa holder may get hit by a truck or return home due to an emergency, etc.
Sure - to those that can afford it. But this basically wipes out the ability for smaller companies to use H1Bs as an incentive to draw talent when they’re already behind the gun compared to the FAANG’s of the world from a hiring perspective.
The rich get richer.
why not just hire them in Canada or literally in any offshore office and not pay the 100k tax?
$100,000 per year.
maybe they're occidentalists at heart?
Are H1B visas undercutting wages significantly? I haven't really looked since the zero interest rates era, but back then H1Bs were getting paid the same as everyone else. I got the impression that companies would like to hire citizens (for their own convenience), but there were more jobs than people.
The economy kind of sucks right now but it ain't H1B visa holders that are the problem.
Please read the Bloomberg article I linked in my original post. It says that half of the H1-B visas are taken by staffing companies and they pay their staff significantly lower than the US laborers they are replacing.
Any addition of labor will push down wages just be increasing competition for jobs, even if they are all paid the same.
you're not applying for .net analyst at midwest regional bank corp.
Crossposting from elsewhere:
Looking at it solely from a perspective of competition between labor glosses over the fact that insufficient labor is also bad because it keeps companies from growing and hiring more people.
So sure, while the fewer jobs that they can fill could have higher wages (not a given, because lack of labor can stunt or kill companies) there could be much fewer people employed overall, which is clearly bad overall.
Of course, that assumes there is enough room for companies to grow. There are strong indications (e.g. the various labor and unemployment surveys) that this is the case in the US. In fact, there is a credible theory that the reason the US managed the inflation crisis so well was due to the immigration crisis.
I elaborated more here (along with a couple of relevant empirical studies about how H1B actually impacted employment and wages of native workers): https://news.ycombinator.com/item?id=45308311
Did you look at the Bloomberg article I linked in my original post? It says that half of the H1-B visas are taken by staffing companies and they pay their staff significantly lower than the US laborers they are replacing.
I could not read the full article so I don't have all the details about the report, but the scope pretty limited. There are equally numerous reports about e.g. BigTech H1B salaries being much higher than typical. So that raises the question, which is the greater effect?
Better instead to look at larger scale studies out there, including the ones I mentioned in the comment I linked. The results are much more nuanced, but generally they find negligible or mildly positive impact on native workers, suggesting they are largely orthogonal to foreign workers.
The point is that the dynamics are more nuanced than simple supply vs demand.
How is that possible ? Doesn't h1b have to pay within a set range of wages?
Every h1b role I see posted at my bank pays more than I make so I don't get the lower paid comments
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I believe that the United States has long benefited from being able to attract talented people from other countries. They pay taxes, they participate in the economy, and they make the US more innovative and competitive in the world.
If there are abuses, then let’s fix them. But this is too heavy handed, and may have an impact on US competitiveness for generations to come.
<< But this is too heavy handed
Is it really? Given the current salaries for AI talent ( or whatever future most desired skill sets are ), 100k seems like a decent enough spot to do the following:
- keep the program limited to what it was intended to do ( bring in the best people in, keep US competitive -- on tech, not on low wages ) - keep populace in a state, where they don't see a reason for a leadership change
Unless, of course, that is not what the program is used for ( and anecdotally, that take does not seem that far fetched ).
So my overall response is: good. Frankly, this made Trump's election worth it.
Having learned more about the details, it's honestly not as heavy-handed as I originally thought. The Reuters article linked said it was "$100,000 fee per year" - but it has now been clarified to be a one-time fee per new H1-B petition. I also thought initially that it would apply to existing H1-B holders, but it does not. And I've learned is that it's structured as a temporary change lasting for 12 months (of course it could be extended in the future).
So - it's less heavy-handed than I thought. Given recent layoffs and the current state of the job market, I could maybe even be convinced that it's a good thing in the short term.
I do still have concerns about US comptetiveness in the longer term though if we incentive companies to hire in other countries vs bringing talent to the US.
It can be a cheaper source of human resources without direct outsourcing. This will just offshore jobs, not foster recruiting of citizens.
The intent is obvious, but the foresight into potential outcomes is shortsighted.
Labor is expensive, more competition will rise overseas, as it will become more expensive to operate.
It also crushes the opportunities of a gigantic number of individuals who are here today who had a plan in place to exist in this ecosystem. Additionally the institutions that supported them will also be hurt. Although, they might have been aware of the writing on the wall over the past year.
The trivial way to fix that issue would've been to ORDER BY offered_salary DESC LIMIT $h1b_cap, not this.
That moves all H1Bs to software though, which I’m not sure is right.
GROUP BY profession
not a bad idea.
> This is actually smart.
The policy topic is irrelevant. This is not normal reform. Looking from the outside, the United States is clearly democratically backsliding and is imposing decree upon decree of emergency measures, without a functioning parliament, with a sand-in-wheels judiciary, along with an enormous cult of personality, without any empathy towards the victims of sudden policy changes and black-bag jobs.
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Trump is following mostly the Project 2025 plan that was put together but others: it called for greatly reducing H1-B visas.
And supposedly a lot of his power grab moves are being run by Stephen Miller: https://www.rollingstone.com/politics/politics-features/step...
Interesting decision. I'm on the F1 -> H1B pipeline myself as a software engineer. And my wife is a researcher working on Genetic Engineering.
Of the both of us, I've been the strong proponent for moving the US. and with each passing day, its getting harder to make a strong case for the pain, and uncertainty of moving here.
Lately everything has been counter to what one would expect from a pro-growth, accelerationist country. But I understand where the reasoning is coming from, though.
with each passing day, its getting harder to make a strong case for the pain, and uncertainty of moving here.
That is exactly the goal here by this administration.
Shutting down the H1B is the end of the American success story. First generation immigrants have started the majority of our unicorns.
So there were no American immigrant success stories pre-1990, when the H-1 program started?
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You don't think this administration would cut off their nose to spite their face?
We are seeing it in real time.
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Accelerationist doesn’t mean what you think it means here.
if you are exceptional, there is always the O-1 visa
The H1B really should have just been an O-1 from the beginning. Being a software or genetics engineer isn't really that interesting, we literally have millions of software engineers, and more genetics engineers than we have good jobs. If someone is truly exceptional than they deserve an O-1, and if you truly can't find any engineers in the US at your salary then maybe you should move overseas.
Might be, but that's how you end up in a situation where all the technical skill is outside the US and the products inside are a marketing layer over technical efforts.
Similar to what ended up happening with china and manufacturing.
O-1 is a subjective visa which means the process is heavily gamed. Pay conferences to host your papers, pay newspapers to write meaningless articles about you, get a famous personality to sign off on your recommendation letter (I know startups used their board of advisors only for this) and on and on. It’s mostly a joke at this point. O-1 can be scrapped and you wouldn’t lose anything
I might.
It's not just this specific issue, honestly. Throwing wrench on all economies, that my wife and I bet on is what's horrible. Research fund cuts on premium institutes, the wonky arrests etc.
Even yesterday, I had to make a case for why all of this certainty might be worth it. And it was not easy. At this point though, I certainly agree that the US is not in a trajectory for appreciating external contributions.
And the requirements for O-1 aren't even that difficult. I know people who are frankly not exceptional (not mediocre either, though, of course), but have worked with lawyers to systematically fulfill the requirements of the O-1 visa. It does take time to do, and I assume the legal assistance isn't cheap, but I think a lot of people on H-1Bs who don't even consider it, could do it.
O-1 requires yearly assessment of the exceptional status though. You can hardly plan your life around a visa that is quite subjective in itself and may depend on the mood of the USCIS officer reviewing your case on that particular day.
No, you become exceptional after coming here. The majority of our unicorns are first generation immigrant founded.
They are, unless you have the ear of our current President God-King and can get an exception.
"The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States. "
https://www.reddit.com/r/news/comments/1nlgzzu/trump_signs_p...
May I interest you in some Trump Coin?
While the stated intention is to prevent abuse by consultancies, I think this effectively kills the H1B program. Who will be able to afford this?
Not startups. 100k is like 75% of base comp in most bay area startups
Among BigTech, maybe like ~20 companies will be willing to pay this per employee.
So startups often bring in H1B employees? What prevents them from hiring the same great people remotely?
Time zones are probably the biggest limiting factor, followed by remoteness. In my experience, it's really hard and pretty slow to onboard a remote worker if you haven't already worked with that person in the past. And at a startup, you don't usually have the luxury of time on your side.
Basically all of South America is in US-friendly timezones. I worked with a few quite bright folks from Argentina, for instance.
I suspect that flying someone from Buenos Aires to SF or NYC for onboarding and then and back would cost significantly less than $100k.
Remote work from Europe is harder in this regard, and from India... would be night shifts only.
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If you hire someone in say Australia you would be subject to its fair work act, and its courts. You'd need to sus out the tax situation too.
What if they are a contractor? Well usually the law treats these things like ducks and asks if they quack. If it quacks like employment it is subject to that law.
I find that Employers of Record (EoR) make this a non-issue.
I work for an American startup, remotely from S. America. I'm hired according to the (extensive, and expensive) local labor laws, while my startup likely knows absolutely nothing about the intricacies of how my countries' labor laws work, the EoR just handles everything and sends the employer a bill every month.
It's not a bad thing if FAANG gets every single H1B visa. There has long been a complaint that FAANG is willing to pay 300k+/head in salaries but instead Cognizant gets the visa and pays 60k/head. If we have a limited visa pool it makes no sense to give visas to low paying employers until FAANG is completely saturated.
Do startups often hire H-1Bs? I've only worked for a few, but they didn't start hiring H-1Bs until they we're fairly sizeable and had taken on a couple rounds of funding.
Certainly the $100k fee is going to make the application much more expensive (though you can amortize it across 3 or 6 years, right?), but it was already not exactly cheap to deal with the legal costs around H-1B employees.
> Among BigTech, maybe like ~20 companies will be willing to pay this per employee.
I think that's a vast, vast underestimation. Most companies, even not-so-big ones, will continue to pay it. Maybe they'll think twice a bit more for future hires, and try harder to find someone local, which I don't think is a bad thing. Or, of course, this could just represent another factor in downward wage pressure across the board, which is bad.
It’s 100k per year not per application. So you won’t be able to amortize across 3-6 years
But the EO is only good for one year, and anyways it's always subject to change, next week, next year, next President.
> Not startups. 100k is like 75%
I dont know of a single person here on a visa making less than 150k salary. They get the same stock, bonus and benefits that every one else gets.... it's well over 300k to have that staff member when all is said and done.
You're not adding on 100k a year, you're adding on 100k for a 3-6 year employee.
Even if that works out to 20k a year, it's pocket change in the grand scheme of things.
> I dont know of a single person here on a visa making less than 150k salary
Don't have data on this but anecdotally the base salary range for most YC startup jobs advertised here is around 150k-200k based on what I see.
You are right that it does amortize if the employee stays long enough.
> it does amortize if the employee stays long enough.
And I expect workers on H-1B change jobs much less frequently than citizens & green card holders (and holders of "safer" visas), since changing jobs on an H-1B involves more risk that can end up with you being required to leave the US.
I don't think there is any reasonable evidence to suggest that most workers here on H1-B visas make more than 150k median salary, much less that they are awarded similar options as other employees.
I'm glad to hear this has been the environment you've worked in, but I don't believe it reflects the majority of skilled workers in the US on H1-B.
The H1b salaries are public. And the L4 prevailing wage for software engineers in the Seattle area is $200k.
H1b also only takes into account the actual salary, it completely ignores stock bonuses.
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H1-B visas go to more jobs than just software engineers. I totally believe H1Bs in the tech industry (startups, faang) make 150k median.
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If it’s pocket change then why not also pay the domestic employees $20k more a year?
Because the person they are importing is probably brighter than you. If you're talented and smart you come to the US and likely the Bay Area (or west coast) to work in tech. Why? For the same reason that baseball players all end up in the US and Soccer players end up in Europe: they all want to play against, and with the best in the big show.
All the H1B's I have worked with are whip smart, hard working, and in general amazing people. I cant say the same for all my localy sourced colleges. The tragedy of the economics in most of these cases was that they were making the same amount of money as their peers and not more...
In a lot of cases companies are getting a Steff Curry or a Lionel Messi and paying them the average of the rest of the team...
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Yeah that would have been the way to go, if not for two generations of dumbing down the American education system.
Why would they, if they don't have to? What a strange question...
If you listen to the interview Trump & team gave, it's $100k per employee per year.
>I think this effectively kills the H1B program.
That exactly is Trump’s intention, no?
No, his campaign pledges stated: 6. Ensure Our Legal Immigration System Puts American Workers First Republicans will prioritize Merit-based immigration, ensuring those admitted to our Country contribute positively to our Society and Economy, and never become a drain on Public Resources. We will end Chain Migration, and put American Workers first! https://rncplatform.donaldjtrump.com/?_gl=1*18i1due*_gcl_au*...
He has been pretty good at sticking to his campaign promises.
I don't see how nearly killing the H1B program goes against that pledge. If anything it sounds like something that they could spin as following this pledge.
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> He has been pretty good at sticking to his campaign promises.
I wouldn't be too surprised if you genuinely believe that Ukraine war has been over since Jan 20 and that grocery prices are at all time low.
My mega corp employer has started an office in Mexico staffed with mostly contractors from India. Makes sense to have in the same timezone and much cheaper than our other low cost office in Texas that has mostly h1bs.
Offshoring will probably get tariffed next.
This is really smart. Plus you can truck freight across the border, you don't have to fly stuff. There are whole manufacturing cities setup on the border for these kind of setups.
These are IT workers doing programming and support for the US company.
Boy, that's going to be a popular rule. I'll bet K Street is getting their engines gassed and greased for this.
I'm deeply unhappy about H1B abuse. I've watched it happen, in front of me. It's definitely a real thing. But I also worry about the legit folks, that want to take advantage of it.
Yeah, this is one of those things where the abuses have real negative consequences for our country.
However, when used by people that we (theoretical, rational economic actors) actually want here… those truly exceptional people who may not look exceptional on paper… Well, getting those people here has been one of the magical things about the United States of America, so far.
Messing with that is dangerous. It needs to be done, but it needs to be done very surgically.
It's obvious to me that the problem with H-1B visas is the same as that of undocumented workers, in that we've created a second class of people who are trapped in a system seemingly created specifically to exploit them, while simultaneously making things worse for the rest of us.
It's my opinion that anyone already here should have a path towards citizenship, or legal permanent residence. The exploitation of people needs to end, and the dignity of everyone in this country should be respected.
Of course we need to have rules, and borders that are secure. It's unreasonable to want to abolish them or close them completely.
> India was the largest beneficiary of H-1B visas last year, accounting for 71% of approved beneficiaries
Having worked with the recent generation of Indians, I can safely say this can be a good thing. Baseline morality and work ethics for many (not all, but many) in the recent generation of Indians are so low. It’s a generational shift that I can tell. Get rich quick, wannabe try too hard to fit in and have fun with wild Wild West mindset that just has a completely different tone from earlier generations of hard working Indians who helped build some of the major products we use today.
That’s applies to the USA and rest of world not just India or China.
Yeah, "those others are less ethical than us Americans" doesn't pass muster in 2025. Reminds me of the anti-immigration arguments from the days bygone, that the immigrants coming from the corrupt authoritarian countries will vote against democracy in the US. While it might be even true(!) voting against democracy certainly came from the natives first, fast and furious.
That is an intellectually dishonest argument. You are invoking whataboutism knowing full well it doesn’t serve anyone well.
These kids that come from often wealthy or upper middle class families with faith and cultural grounding would be far better off in their life trajectory (and country as a whole with brain drain) if they stayed back, led innovation in their own country, and pushed their corrupt bureaucratic government ecosystem to change. Instead of opting for a mediocre hedonistic lifestyle in the west where they know they have no lasting stability (mind you it is 100+ years wait time for many in the current immigration process to get green card), often get stuck working in the same company and not able to move, can’t start things on their own again because of visa rules.
No one wins in this in the long run. Except maybe some corporations.
Relations between the US and India have been strained recently because India refuses to implement sanctions on Russia for the war in Ukraine. I wonder if there is a geopolitical motive behind the timing of this decision.
I suspect the administration is indeed playing chess like you suggest.
This H1B policy will put internal domestic pressure on India to put sanctions pressure on Russia. If so, waive the fees for the Indian consultancy firms. Anytime India lets up on sanctions, the fees will come back.
Either the US will get the sanctions it seeks or it will get a revenue stream from a policy that plays well to many US voters.
> because India refuses to implement sanctions on Russia
That was a stated reason. The real reason was that Narendra Modi didn't want to nominate Trump for a Nobel peace prize for his participation in India/Pakistan conflict and even acknowledge Trumps involvement.
All while Trump keeps talking that he stopped a war and deserves the prize.
It's downright scary working with indians in a highly regulated industry. "Can we pretty please (with a cherry on top) [do something that bends or breaks federal regulations on national security or public safety]?" No, we fucking can't. Couple that with the occasional browbeating or hierarchical scolding.
I have seen an endless stream of unqualified people scamming and abusing H-1B, O-1, EB-1, and EB-2 programs — you name it. I can understand why the average American might come to resent these programs.
On the other hand, I know many highly talented immigrants in the USA whose contributions to society would be missed if they just couldn’t focus entirely on their work - let alone if they were kept out of the country altogether.
My point: They have identified the right problem (H-1B abuse), but the proposed fix is too drastic and undermines sustainable trust between immigrants and the country. I’d like to be proven wrong, though.
The Executive Order has now been published:
https://www.whitehouse.gov/presidential-actions/2025/09/rest...
If you don't want to read the pre-amble, you can skip straight to the second "Accordingly" to see the details.
"One software company was approved for over 5,000 H-1B workers in FY 2025; around the same time, it announced a series of layoffs totaling more than 15,000 employees. Another IT firm was approved for nearly 1,700 H-1B workers in FY 2025; it announced it was laying off 2,400 American workers in Oregon in July. A third company has reduced its workforce by approximately 27,000 American workers since 2022, while being approved for over 25,000 H-1B workers since FY 2022. A fourth company reportedly eliminated 1,000 jobs in February; it was approved for over 1,100 H-1B workers for FY 2025.
American IT workers have reported they were forced to train the foreign workers who were taking their jobs and to sign nondisclosure agreements about this indignity as a condition of receiving any form of severance. This suggests H-1B visas are not being used to fill occupational shortages or obtain highly skilled workers who are unavailable in the United States."
This speaks for itself.
Yep. This abuse of H1-B is so obviously egregious.
Its a proclamation, not an executive order. This is important to keep in mind because Congress granted explicit statutory authorization to the President in the Immigration and Nationality Act 212(f) and is unlikely to be cut down by the courts for this reason:
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."
Also interestingly, it seems to only explicitly impose restrictions on entry into the US. But most visa holders are already in the country, and atleast according to this proclamation, they'd be unaffected.
People seem to be missing the part where DHS reserves the right to allow exceptions for any company they desire. Now they have another way to play favorites.
I and I hope a lot of other people will be demanding that the CEOs of all companies on that exception list go to prison in 2029.
2029? Wouldn't that be in the Vance or third Trump administration? Why would they send those CEOs to prison?
Another way to solicit donations, let's say
Donations you say?
Bit ridiculous that this article leaves as a footnote that this rule change is illegal and likely to be struck down by the first lawsuit.
Apologies if this comes across as pedantic, but it isn’t a footnote. It’s part of the actual article, just included near the end in the “Looking Ahead” section. If they omitted it entirely or put it in an actual footnote, then yes I agree that would be a noteworthy omission. But it feels extreme to call it ridiculous when it’s right there in the article.
The other thing I’ll say is that even if this is struck down by the courts (which is not certain give the Supreme Court’s recent support for the president), that can take a while and this could still have a real impact on people. Many people thought the president imposing tariffs was unconstitutional, but as right now those tariffs are actually in effect. Companies that employ H-1B workers (and the workers themselves) will need to start planning for this immediately regardless of whether or not it is eventually struck down.
The last thing I’m wondering is when you say it’s ridiculous, do you just mean sloppy reporting? Or are you implying that the author has some ulterior motive? And if the latter, what do you think that ulterior motive is?
I think it is kind of a footnote. Many things this administration has done are illegal and struck down by the first lawsuit but later let stand by a friendly Supreme Court.
And should be added, let stand by the Supreme Court without given a reasoning on why it stands. Just all shadow dockets.
Corruption by another name. The canary is already dead.
How is a president winning the election and then packing the SC corruption? It's not like people didn't have a choice, they did vote for the guy. Twice!
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Can you give an example?
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That's true on administrative state issues (Trump being allowed to fire people in the exec. branch). It's not clear this is a 100% guarantee for everything beyond that. (Maybe a 65% guarantee).
The trump administration has not complied with any unfavorable court ruling about immigration why would they care about this one?
The one ruling they arguably didn’t comply with was overturned by the Supreme Court, who held the district court didn’t even have jurisdiction in the first place.
They've complied with a number of unfavorable court rulings about immigration, but precisely because that's what they're supposed to do it goes much less viral.
"Yeah they're breaking laws, but why aren't you talking about the ones they are following?"
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Not likely. It appears this rather awkward method is actually built to keep this well within the president's power
Maybe they felt it would automatically be implied.
Interesting. Does this also require a law to be passed?
I ran into a guy making double six figures for like the last 7 years at a known public tech company. He was literally doing the most basic DevOps (Terraform). Nothing fancy. Zero ability to program. No willingness or desire to learn programming. He was an H1B. That blew me away. How is it possible that you have a guy in the US for 10 years who never bothered learning to code doing a 200K / year job. The abuse of H1B is crazy. He told me he had "tried to find a job" but "they all require programming." I am not even a tech background and I have learned to program. Completely insane imo. This was stuff you could teach a highschool student, no degree required.
as a long-time programmer, sysadmin/sre/devops is a whole different mindset and skillset. i would be neither willing nor able to do that guy's job; i don't fault him for not wanting to do mine. clearly since he keeps being paid his $200k/year he is delivering a lot more than $200k worth of stability and uptime to the company, no coding required.
How exactly is the system being abused by this guy being paid $200k?
I think the premise the OP is pointing at is that this could be a position for a US citizen.
That doesn't explain why it's abuse, though. How does the company benefit by paying this foreigner $200k + benefits + immigration fees/legal bills compared to hiring a US citizen? Abuse is e.g. bringing in cheap foreign labor at below US market rate. This is not that.
He's kinda smart though. Automating yourself out of a job is a mug's game, and not everyone wants to or should go into management.
fwiw, which is nothing. If I saw one of my employees write lazy slacker nonsense like this, I'd fire them. I read some of your other posts in this thread, perhaps the issues with the world are closer to you than you realize?
That seems needlessly antagonistic on your part. I'm not advocating for his way of doing things, but the person described has clearly decided it's more in his economic interest to maintain a comfortable fiefdom than to engineer himself out of it. Having automated myself out of a few jobs in the past without much of a reward, I can't say his actions are irrational.
Double six figures is a hilarious phrase
As a side effect, this could reduce the pipeline of foreign students coming in on F1 with plans to transition to a work visa over time.
F1 -> OPT -> H1 bridge is way more expensive now.
Universities are bound to lose a ton of money due to this. Those outside of the top 50 will likely get hammered.
This is a bit like robbing Peter to pay Paul.
Yes, it brings in more income for the government at the expense of universities.
It’s a great way to remove h1b fraud and abuse but you do burn down a bit of your garage in the process of getting rid of the rat.
Is it really at expense of universities? From what I understand, most are getting Master Degrees but very few are doing research. I've seen plenty of H-1B coworkers with Master Degrees but very few did research, it was just extra computer science courses.
Majority of CS/EE/MBA type grad programs across all universities are heavily enrolled by foreign students. Most of them end up paying out of state fee.
This is a significant chunk of revenue for many colleges to keep their budget in shape.
Even in conservative states, lots of colleges are reliant on this stream of income. A loss of this stream is going to put a strain on them to balance their budget, or seek more help from govt.
"At the expense of universities" may not be the plan for this one, but to the current administration, it's certainly a bonus.
Just like tariffs and the tax cuts
I'm a little bit confused by the text of the proclamation. It says people outside the country have to pay a $100k fee. Isn't an F1 student on OPT inside the country and not subject to the fee? Or are they required to leave the country to apply and are subject to it.
The proclamation gives me the impression that foreign students are exempt from the fee.
They are not directly affected when applying for h1b but think about it what this means to both employers and students. It's a signal that immigration policy can change on a whim. For employers, hiring foreigners has always been cumbersome and now it's even worse due to the uncertainty. For students who starts working on h1b, you are in "immigration jail" in the US for years
My understanding is that depends heavily on whether you’re from a quota country. If you’re from India, you’re in immigration jail for decades. If you were from Costa Rica, the H1B is much more decent path.
If this doesn’t apply to foreign US university students then this policy actually helps those students because it will free up spots in the lottery for them or eliminate the lottery, and reduce the quota line for quota country student currently studying.
Anyone on H1B who is working in US or is arriving into US for work will have to pay. F1 on OPT is F1 Visa and not on H1B. If they choose to get a H1B at the same time, if they use it to work then they have to pay.
I guess you didnt read the proclamation... 100k payment is only enforced at entry. F1 students when they are ready to apply for h1b are already inside the US
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Yes, 100%. Also, many universities will find it impossible to recruit new faculty as most Ph.D. students are international students who end up working in American universities.
American Universities are exempt from H1B fees. Anyone receiving an H1B to work at a US University is exempt from the fee and exempt from the lottery.
The EO doesn’t say anything about exemptions for universities. It only says that the secretary of homeland secretary has the discretion to waive the fees.
This is going to kill H1B and immigration from countries like India, China and others for skilled workers. Even though $100K isn't a lot considering the overall investment that goes into hiring a full time employee, employers wouldn't risk that kind of money apart from all the document processing they have to. Maybe big tech will hire a few hundred every year but others won't even bother.
> Maybe big tech will hire a few hundred every year ...
A few hundred? All of the tech companies I've worked for are > 50% Indians in the US. Especially in big tech. I could be wrong, but my understanding is there there is not enough software developers in the US, hence the temp workers. Is there expectation that the demand will drop?
Well for starters, maybe my new grad SWE buddy with 2 YOE will finally find a job after being laid off for nearly a year.
There isn’t a shortage, they’re just trying to drive down wages.
It is, however, a great opportunity for Canada and Western Europe to snatch all those people who now aren't able to come to the United States.
I know for a fact that multinational companies are expanding in exactly those areas (plus India) for exactly the reason that it's become very difficult to hire and move people to the US.
Those workers aren't paying taxes in the United States, and obviously the companies hiring people outside of the US aren't going to hire people for those positions in the United States.
You think immigration in Western Europe is easy? It depends where, for one thing. It's getting more onerous and there are pressures to make it more so. How good is your French? More importantly, how might a 60K Euro/yr salary feel when you're paying 2-2500 a month in rent to be near work ?
Canadian salaries are also notoriously low in tech.
US is the outlier. Canadian tech salaries are much higher than European, and when working remotely for a US company the compensation overlaps the US salary bands very substantially.
However the ceiling in the US is so much higher that it still makes sense for many to tolerate the chaos and uncertainty of moving here for work.
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Yeah it's even worse than that. These big cos will be incentivized to move whole teams out of the US since it will be easier to hire from other countries for offices in Paris / Zurich / Warsaw / etc.
Isn't that already the case, though? Offshoring has been a thing for decades, but companies clearly prefer to have employees on site, in the US, if possible.
Yes, this new fee will make that more expensive to do, but I'm not convinced it will no longer be worth it for most companies.
Right. The current problem with H-1B is that we end up with a wide range of talent, ambition, and work ethic among the people brought in on that visa. In my experience, the total mix is not much different from the range you'd find in US-born workers. But we should be granting visas to the best and the brightest to come here.
I wouldn't mind a new policy that would raise the median "quality" of the H-1B visa holder, even if that meant the total number is lower. Sure, Canada and Western Europe can take the mediocre people we'd no longer be granting visas to, but so what.
But this $100k policy is not going to increase the median quality of candidates. I actually don't think it's going to have a huge affect on things; it's just a token effort to "do something" that Trump's base will eat up, and he'll declare it a success even if there's no improvement or it makes things worse.
I don't see it as a negative. If they're exceptionally good, they can get an O-1 visa.
>This is going to kill H1B and immigration from countries like India, China and others
Surely, that could not possibly be the point!
100k/yr.
Everyone is discussing the merits and downsides of this, but I'm yet to see the obvious be pointed out: it's extortion.
It's interesting to read all the analysis in the comments, but I think people are giving far too much credit to the admin in terms of having considered the impacts, the effects, some kind of desired direction for things to move, etc.
It's really much simpler than that: the mob boss has to get a cut of the action. One clue is the "fee" being annual, not one-time. Another tell is that there are no details as to what the collected money will go towards.
so when you pay money to govt ( taxes ect) they tell you what exactly thats going towards?
What kind of BS is this :)
This might be one of the smarter things this administration has done/is doing. It will cut down on fraud, and ensure the position they're hiring for isn't just some mid-level engineer. H1B applications should be a source of tax revenue, beyond standard taxes.
I sort of wish it had been done 15 years ago but better late then never.
I personally think it will be abused to bring in highly undesirable people , because it will turn into a $100k ticket for criminals.
Of course, that's pretty much how the current administration thinks, see also the "Gold card visa" (1).
Specifically, the thinking "Money coming to us is desirable, therefor people who give us lots of money are by definition not undesirable people".
Well, at least dollars are more easily quantified than ethics.
1)
https://www.politico.com/news/2025/09/19/trump-gold-card-vis...
https://www.whitehouse.gov/presidential-actions/2025/09/the-...
The actual proclamation [1] is very narrow: a $100k surcharge on new H-1B petitions for workers outside the US. It’s a one-time hit tied to the petition. It does not say “annual.” It does not drag in renewals or transfers for people already in status.
Boundless is technically right that a $100k fee exists, but the piece glosses over the narrow scope and leans into speculation. It frames the fee like an ongoing tax on every H-1B, which just isn’t what the proclamation says. The difference matters: a one-time petition fee is brutal enough, but calling it annual misstates the policy and inflates the impact.
[1] https://www.whitehouse.gov/presidential-actions/2025/09/rest...
AP is reporting the amount as an annual fee
https://apnews.com/article/h1b-visa-trump-immigration-8d3969...
Reuters
https://www.reuters.com/business/media-telecom/trump-mulls-a...
This was clarified today as not being correct.
> Lutnick also repeatedly said on Friday that the fee would be annual for companies, while the White House official said Saturday that it’s a “one-time fee that applies only to the petition.”
> In her Saturday afternoon post, Leavitt clarified that the payment would only be a “one-time fee” — not an annual one.
https://www.politico.com/news/2025/09/20/donald-trump-h1b-vi...
You may want to read the section on enforcement:
> Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
I don't see your point, the section describes a restriction on "entry into the United States". Most H1b visa holders are already in the US so this doesn't apply to them.
Except lots of people travel outside of the US for tourism, business, to see family, due to family emergencies, or - critically for H1Bs - to renew their visa.
Any idea what is considered a petition? New h1b? Transfer? Extension?
It's the thing you do to apply for the visa. You may worry that, because there is no language in this section specifying which visas this travel restriction applies to (newly issued/renewed, etc), and because of the inclusion of the word "supplemented," that this travel restriction applies broadly to all issued H1-B visas. And, well, the immigration lawyers at Microsoft[1] seem to share that worry.
[1] https://economictimes.indiatimes.com/nri/work/microsoft-urge...
It's not just for new petitions, it's a requirement for _entry_ into the US. So, someone on an _existing_ H1, just traveling out of the country means you need to pay $100K to re-enter the US.
I keep hearing how reduction of the H-1(b) cap will keep singular talent from coming to the US. If you're genuinely hiring the best in the world for a critical role in a billion dollar project, $100k is a rounding error.
Judging from the reaction, it's almost like what the program really gets used for is to replace domestic workers with desperate, barely-qualified foreigners.
Instead of a flat fee, they should just auction off the visas, highest salaries win.
This has been proposed before and I don't really see any downsides. If your company really needs them, just pay them what they're actually worth.
I believe there is upcoming legislation along those lines and that the adjustments announced today are those within the executive branches purview.
I like the idea of an auction, but why would we not charge a significant application fee? It ensures the company is serious about the position, and it raises money citizens won't have to pay. A high fee/tax seems like a win-win
This insures that tech and finance get all the visas. A lot of things like rural medicine gets staffing through h1b sponsored physicians and likewise for post-docs and researchers. If this gets implemented across the board, a lot of science is going to disappear and a lot of medical care (especially outside of cities) is going to get a lot worse.
Don't worry all those rural hospitals are about to shut down anyway.
They should cap visas issued by sector or DoL job families. It's way too skewed towards tech.
Wow, I really like this.
Won’t this mean that companies will move jobs to India, China or even Canada?
I had a former employer with an Indian subsidiary for this very purpose. The problem is that there is no loyalty to the company and it becomes a revolving door of inexperienced people who couldn't get into H-1B. Always fun when they lie you about testing a feature that you haven't implemented yet. Incidentally, they also introduced ransomware into the entire corporate network (domestic IT was also barely competent).
Most companies, even fairly small ones, already have a substantial number of contract tech employees in India, Eastern Europe, or South America.
Why did they not do that before, if it was feasible?
Because H-1B workers had the ability to demand higher compensation via sponsorship and relocation to the US. Employers could say "no we won't sponsor you" but these workers are in demand due to their technical skills and could counter with "then I'll join another company that will".
If you remove the option for sponsorship then these workers will still be working their jobs because they're talented and in demand, they'll just be doing it from their home country instead for lower compensation.
Clearly companies place a dollar amount on how much they value having people work in country, otherwise they wouldn’t bring people over.
I think this move makes it likely companies will hire more expensive domestic workers.
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They do that already, lots of US tech companies have SWEs outside of the US. With the new policy, it will add incentive to do it even more. Companies will have to either lower the hiring bar or hiring offshore.
It didn’t save them 100k/worker per year at the time. That is a lot of motivation.
Hiring non-H1B visa workers would also save them 100k/worker.
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I could be wrong but OP might be implying that hiring foreign workers in their own country might have always been much cheaper.
Would you rather pay your devs a living wage for India, or for the US?
Saved them more than 100k/year/worker
Because doing business in India isn’t that great.
Silicon Valley's big H1B employers also have international engineering sites. US teams tend to pull in their favorites from the international sites, and the international sites can use the possibility of relocation as an incentive.
before there was no $100k/year cost to H1Bs, see post title.
They do already. British Columbia is a really good place to open up shop because it's on the same time zone as Silicon Valley. Many companies have done so. I'm surprised there haven't been more tbh, but maybe now with this change we'll see an acceleration.
Of course it depends on the nature of the business but push that too far and you can lock yourself out of projects that require work to be performed on US soil.
I work for a very small company and we've seen by that stipulation a couple of times on anything _remotely_ close to defense/MIC/security.
And the administration can tighten those screws further if it desires.
(I am the only H1B in the history of the company, now a citizen. It would have been impossible to have taken this path with this alleged financial burden)
Yes, see: https://www.forbes.com/sites/johntamny/2024/09/16/the-micros...
Nope, it means the people that would have gone to US will to to Canada instead.
Canada has reduced immigration a lot recently though.
Canada is going through a bit of a moment in scaling back relatively unskilled immigration as it became clear a there were heaps of scam colleges bringing in folks to get useless "hotel management" degrees etc, but IMO there will be sustained interest in Canada in continuing to have eased immigration pathways for real engineering talent.
Brazil and Canada will absorb a lot of big tech headcount. Google et al are already moving lots of headcount to both countries. This will accelerate it, even if it’s struck down
Maybe Canada but Brazil doesn't have political and economic stability for this.
Source?
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They've already had the option to do this all along...
this news is tied with the tax code corrections... All R&D work in a foreign country is to be depreciated over 15 years, it can immediately be depreciated for an American worker.
the PE who bought the company I work for already have a large Indian subsidiary and effectively require a 1:1 ratio
The cost of hiring in the US versus elsewhere is already greater than $100k for the type of tech firm that can just open an international office. I took the base salaries of Google SWEs on levels.fyi for NYC, London, Bengaluru, and Toronto, multiplied them by the standard 1.4 for overhead, and realized the US is already significantly more expensive than most developed countries, let alone the Global South. Companies clearly value employing in America despite the cost.
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I think one important distinction that I haven’t seen mentioned here much is that there is a big difference between handing out h1bs to cognizant employees vs students who did masters programs in the US and are working as direct hires in faang companies. In the latter case, these workers have already invested tens if not hundreds of thousands into the US as well as many years before even making a dime. This cohort is much more incentivized to stay in the US and contribute over the long term. They are also not ‘abusing’ the h1b program at all, because they are getting paid the exact wages as their US counterparts, unlike those at BigTechConsulting.
Smarter policy would be to looking into targeting the actual exploitation, where it actually exists (if it’s deemed that the externalities are truly negative), like the outsourcing to cognizant. Of course, we are living under the rule of probably the most inept president in any of our lifetimes; so he doesn’t act methodically, only reflexively to once again reduce US competitiveness over the long term.
And not to belabor this point, but he’s doing such one-dimensional math here by thinking of the immigration scenario as zero sum. Trump has clearly lost the plot. What he is failing to consider is that the US is in a long term ideological war with our biggest enemy China, and our best hand in this game is stealing their best and brightest to live in the west and have them to learn and love western values; which they will use to influence their friends, families, and social media circles back at home.
I’ve seen this happen with just about every friend of mine who has immigrated from China to the US and the effect that it has on their immediate network carries significant weight at shifting their perspective. Xi is not popular at home, and the west should be doing what it can to increase domestic Chinese instability in the same way they’re doing to us (very successfully). Rather, he is hell bent on unifying them to hate America.
There’s an ideological war happening and our president is not only too stupid to play ball but he’s also interested in giving up the hand of cards we already have. He is a true and utter moron and it’s hard to understate my level of disgust.
If H1B numbers stay the same, but more are going to 300k/yr jobs instead of 60k/yr jobs, then that is a win for brain draining the rest of the world.
Perfect number to make H1Bs a tool that is out of reach for startups but still meaningful for large entrenched corporations. Nailed it. Maybe they can even waive the fee if you give the US government 10% of your company.
University hiring is basically rekt. Throwing out baby with the bath water per usual with this admin...
How much does university hiring depend on H-1B? I would expect much of that comes through O-1 or EB-1/2/3, no?
H-1B is the default visa for international faculty hires. You can get it in a few months with relatively little effort. O-1 is more expensive, takes longer to get, and requires more effort from the applicant. Then there is the subjective approval process that involves a degree of risk, and in the end, you get a slightly inferior visa.
Green cards are almost useless for hiring, as the processing times are too long. "We would like to offer you this position, but conditionally. We still need a year or two to handle the bureaucracy, and we can't say for sure if we are actually allowed to hire you. Please don't accept another position meanwhile."
No, pretty much all professors who used to be international students or postdocs are on H1B.
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lots of immigrant kids are in uni now. all my cousins are doing cs now. look at latest batch of yc founders.
An equity minimum would deal with this.
Companies have abused the program. At the top end it’s an excellent program, and then there’s the rest where companies are making fake claims that they can’t hire Americans and need to import folks. This is what the administration is cracking down on. The idea isn’t crazy IMHO. If you want to import someone vs hiring and training an American then pay an extra $100k. If the skill is truly needed and rare companies will do that. If it’s not, then pay up.
Some saying companies will just offshore the roles but I doubt it. That was always much cheaper… if it was just about cost they would have done that already.
It hasn't happened yet. All the big money in America says that it will either never happen or won't last longer than a few weeks.
I'm not saying that I don't agree with the apparent logic, but the same argument was made about tariffs, yet here they are and there they staid.
> the same argument was made about tariffs
By all accounts those arguments were pretty correct, no? The tariff rollout was delayed multiple times, changed multiple times. What we have now doesn't very much look like what Trump announced back in March/April.
And the tariffs may disappear soon, depending on SCOTUS. Not that I depend on SCOTUS doing the right thing anymore, but I'm willing to be pleasantly surprised on this one.
Huh? What we have now looks almost exactly like what Trump announced back in April, except for the (admittedly important) USMCA exemption. What other differences do you perceive?
The cat is out of the bag. Either tension is going to keep rising on their country turning into an all you can eat buffet or something is going to change fast. This is not nothing.
The TACO president doesn't just back away from a bad idea without announcing he got something in return. He'll declare exemptions or delays for companies or industries that kowtow to him in some way - maybe he'll demand these companies make contributions to "non-woke" engineering universities or remove "DEI hires" from their boards, who knows.
Unrelated, but I don't get the "taco" thing. I'm Mexican— it's a head-scratcher that people use the name of our food as an insult to Trump. He doesn't look like a taco, and the acronym is a sentence, not an adjective/phrase, so it doesn't make much sense spelled out in most contexts.
RINO republicans don't look like rhinoceros. That the word makes no sense by itself means that you'd have to ask what they meant by it. If the acronym were "DUMB" or "CLOWN" or whatever then I don't think it'd stand out as much.
Also, you're right that it's often used in a way that wouldn't make sense grammatically if it were written out, but that's true for most acronyms I think; e.g. JPEG or GIF.
"Look at this funny Graphics Interchange Format I just sent you!"
> He doesn't look like a taco
Now that you say, I can see some similarities with Al Pastor.
It has a lot of memetic value as a callback to a widely discussed Cinco de Mayo tweet he made in 2016 (https://twitter.com/realDonaldTrump/status/72829758741824716...).
You should hear the long form of the acronym!
TACOBELL
- Trump Always Chickens Out Before Eventually Losing Loudly
taco is an acronym that stands for the phrase trump always chickens out, it was coined or popularized earlier this year when Trump backed off of The Liberation Day tariff stuff when the bond market got nervous.
Surprised I'm getting downvoted by this.
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Eh, Trump's administration is so cravenly corrupt and incompetent in every facet and manner that I think it will happen, purely because it's one of those "throw 'em a bone" tactics for the commoners. It's the same reason the aggressive ICE actions have redoubled.
And FWIW, I think the H1B program, like the TFW program in Canada, is outrageously corrupt and has zero legitimacy, and the laughable foundations that people use to justify it -- namely a completely unsubstantiated labour shortage -- is such a ridiculous lie that it deserves to be obliterated. It is a way for the ultra-rich to stomp on worker rights and compensation.
> I think the H1B program [...] has zero legitimacy
That's demonstrably false, even just by my own experience with people, so not sure I can take what you're saying seriously.
Yes, there's corruption and abuse, but I've also worked with some fantastic, excellent, smart, ambitious, hard-working people on H-1B visas. They would not have been in the US without it.
I've also worked with some mediocre fools who were on H-1B visas. That's the problem we should be focusing on, and there's no need to throw the baby out with the bathwater.
I think there's a lot of visible frustration (and sometimes racism) in tech discussions online, due to the bad economic climate. This is visible across different platforms. In the past year, I've seen massive rise in people making outlandish claims like this. I expect the trend will grow and soon they'll find a new scapegoat.
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Anyone who has been paying attention to anything could tell you the same thing.
I think this is great news for countries like Canada and UK.
It is incredible to me that there are hundreds of US-centric comments and yours is the only one I saw who recognized the benefit for basically every other country people want to live and work in.
> Canada
It's not doing really well though, COL is sky high, and wages are low.
And I've talked to a few Canadians, despite the Liberal party winning, there is real push for Canada to severely restrict immigration and that is currently happening.
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Not for tech workers from these countries though.
If more jobs are created in these countries, it doesn't mean the local tech workers will be replaced.
it doesn't mean the local tech workers will be replaced.
You're right because that totally didn't happen to varying degrees in various industries in the US...
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Hardly, the Indian government weaponises their diaspora in the same way China does.
They already pay 50%-70% less there than in America. Not much juice left to squeeze.
UK is insanely hard to immigrate to. Canada is getting more and more difficult by the day.
This insanity seems collective.
UK is not hard to immigrate to. You just need to pay a heft sum for the visa and NHS surcharge.
> Canada is getting more difficult
How so?
Seriously as someone with no interest in moving to the USA this is fantastic news.
Open up studios in British Columbia and hire the relatively cheaper labour. It's on the same time zone as Silicon Valley. It's a no brainer.
Oh no, Canada, don't take my low-paid, equally-skilled and desperate-to-stay-at-one-company competition from me! /s
haha so true
This will only drive jobs offshore and reduce the H1B population. It doesn’t solve any problems.
This is literally the dumbest administration this country has ever seen. Between tariffs and immigration and now this, it’s like they don’t even know what the consequences of their actions are.
>This will only drive jobs offshore
This was true before and after today.
Put another way, if all the H-1B jobs really can be offshored quickly and easily the way so many Indians and anti-Trump people here and elsewhere confidently predict, *that would have happened already*.
There’s a fundamental difference in talent. H1b talent is often upper class scions from India or China. Offshore talent has always been leveraged for support or staff aug.
It’s entirely possible some H1b’s would happily pay the $100k if they had a guaranteed visa for 5-10+ years, but the vast majority will simply go home and work remotely.
But I believe the effect of this extortion will be a brain drain on U.S. fortune 1000 companies and that will push those same companies to build off shore offices, completely avoiding the administration’s goofiness.
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The H1B path has always been harder than hiring remotely/offshoring
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With how inconsistent and on and off this administration has been I expect this will probably never happen, or there will be exemptions to this for every company that this was most abused for and just sucks up to the president.
Until anything actually happens there's no reason to take this president at his word.
>Until anything actually happens there's no reason to take this president at his word.
Why? Trump was known for "telling it as it is" so shouldn't the assumption be that it will happen?
> Trump was known for "telling it as it is"
AFAICT, the people that promoted him that way often had mutually incompatible interpretations of what he was saying that happened to fit their own biases coming in, which they felt like Trump was agreeing with.
And as the rubber of vague, contradictory, and incoherent statements hit the road of substantive action, that impression became a lot less common.
There's been tons of silly statements from Trump that never got implemented.
The executive order says that companies will be exempted based on discretion of executive branch. So it won't apply to any company that kisses the ring.
One thing that really pisses me off about the whole populist anti-immigration stance is how thankless, hypocritical and selfish the whole thing is:
People want to avoid negative effects from immigration (cultural/language/crimerate)- fine.
But are those people acknowledging how much economical growth was driven by migrant labor over the last half century? Hell no. Would the average alt-righter be willing to sacrifice any fraction of all those compounded gains? Absolutely not- every dollar of tax is too much, even to pay a fraction of the damage that is and will be caused by them (=> energy price/co2 taxation).
As a self-identifying moderate patriot, selfish complainers of that ilk seem a worse plague on their nation than the immigrants they keep whining about.
This is an oversimplification and a pretty extreme case of over-categorizing people into groups. People who have problems with immigration aren't automatically alt-right. People who have problems with immigration understand that immigration has also historically provided economic growth - those aren't mutually exclusive things.
I'm not saying that everyone critical of immigration is a selfish hypocrite, but "mainstream" alt-right (even/especially european flavors) appears that way to me.
I never had a big problem with immigration until it ate literally everything in sight!
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It's not xenophobia when there are real life issues caused by too much immigration. My kids' school district went from a top performer to now middle of the pack due to so much ESL demand that it basically overrode the budget, leading to cuts in all other programs, the loss of "honors" type classes in the curriculum, a major loss to art and music, and more levies, higher property taxes, more crime in the community, more traffic accidents, just more of every lousy thing. So it's not that I hate immigrants, I don't, but I see with my own two eyes the cost and it was foisted up on us. So call it whatever you like, but it's gone too far.
> if you're worried...
> you likely feel...
Thank you for the advice, but I don't worry about that, and I do not have that feeling at all. I don't experience any conflation with xenophobes in my real life. I find them repugnant, and vote against them and speak against them, except where we incidentally align. I am 90% liberal leaning (US liberal).
The fact of experiencing negative things that happen to be related to immigration (or employment/contracting) policy does not make you a xenophobe, generally speaking. Cultures can sometimes clash and economics have concrete effects on the American Dream - it's an unfortunate reality, but it is reality.
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Overall “economic growth” of a country is not nearly as important to most people as is their own _personal_ economic growth, opportunity, and stability. Culture, language, and crime rates also typically take priority over the nation’s macro economic growth. Most people don’t care because they are beginning to think a lot of this isn’t worth being the #1 economy in the world, plus nobody has ever explained _why_ it’s a bad thing if the USA isn’t the world’s premier economy.
"economic growth" and "GDP" are numbers on a spreadsheet which are only important to economists who serve the elite.
Meanwhile for the last half century the average American has seen declining wealth and wage growth when adjust for inflation, while elite wealth has grown immensely during the same time period. So who is benefitting from "economic growth"? [1]
This is due to many factors, but I'm wholly unconvinced by the neoliberal notion that high immigration doesn't undercut domestic wages.
[1] https://www.epi.org/publication/charting-wage-stagnation/
$25K annual fee per H1B worker as opposed to $100K one-time would have made more sense. It would have made even more sense to have employers compete (within their own sector, such as tech, aerospace, etc.) such that whoever offers the highest salary will get the H1B worker.
>$25K annual fee per H1B worker as opposed to $100K one-time
It's $100K per employee per year.
I think it's actually per visa. I know the linked article says per year, but other sources I'm glancing at seem to indicate it's an application/renewal fee. Actually, it's not even clear that you have to pay again to renew after 3 years; it might just be the initial fee.
Based on the language in the executive order:
"the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000"
It sounds like it applies every time you leave and enter, provided you are a nonimmigrant alien on H1B (which they all are).
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Why within a sector? make everyone compete, and we'll find if any local workers want the high paying jobs. The H1B count can be increased to cover jobs that locals don't want even at high salaries.
Because there are some H1B workers that come over as translators or other non-tech professions. Like if you need a translator that speaks Swahili for some NGO it's way easier to hire a native Swahili speaker than possibly finding a qualified American that also speaks Swahili.
I do find it interesting that these trillion dollar companies can't find domestic workers, at their level of wealth they should simply be forced to pay for the education of Americans to create a funnel of workers rather than exporting this societal need to other nations.
There are a bunch of H1Bs working as teachers in my medium sized midwestern city, making around $50k. Then there are a bunch in the healthcare sectors making from $50k to $500k. I actually feel like they are legitimate reasons they are there, very difficult to get good healthcare workers in the midwest since no one good wants to go there.
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There is a big problem with ethnic nepotism and ghost jobs. I have been struggling to get younger people in my network hired anywhere despite solid resumes. Continuing to issue H1Bs in the current job market was bananas.
Why would locals not want high paying jobs? The question is whether qualified people can be found locally or not.
It's a severely under-reported aspect of this issue that a troubling amount of times, the issue isn't that Americans want too much money or just don't want to work, the issue is there are no Americans qualified to do the work you need to do who are looking for a job.
The Hyundai factory exposed this. The VISA'd employees (or non-VISA'd? I don't remember the details offhand) were only there in the first place overseeing the project because they literally could not find anyone qualified to do the fucking job in Georgia.
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This isn't about what makes sense. This is about finding a punchy number that sounds big and makes Trump's base happy. "$100k fee (that covers 3/6 years)" sounds more impressive than "$33k per year" or "$17k per year", so that's what they went with.
Ultimately this isn't going to do anything to reform the H-1B program; this is just trump "doing something", which he'll claim as a success (and his base will eat up), even if it does nothing or makes things worse.
It's 100k per person per year. And I am ecstatic.
It is not, and don't be. If you were not previously qualified you won't suddenly be. The job will simply migrate overseas.
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This will end what is essentially legal human trafficking by medium and large corporations.
Which is clearly a good thing, but I fear it signals deteriorating relationships with other countries.
Do other countries really want the US taking their top talent? I am not sure this is bad for foreign relations.
Legal human trafficking was good for capitalism (not for the trafficked or for US workers). Good for the capitalists' economy.
This just made it a little bit harder for american capitalists. No doubt there are nationalist concerns but also national security concerns behind this decision.
Good, but this still doesn't fix the flood of OPT workers (baby h1b's) that are crowding out Americans from getting jobs. I know, my company put out reqs for full stack devs, got hundreds of OPT candidates and are hiring them instead of domestic workers. You can't even discriminate against them as that'd be illegal. Good job America. They all have advanced US degrees, paying little for undergrad in India, while Americans are bankrupt from their undergrad. Unable to compete. The fact that they'll accept lower wages so they can upgrade to h1b's later is icing on the cake.
Seems to me the salient part of this is not being discussed:
“The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”
More command economy, more opportunity for graft.
I wonder how much of this was driven by public/media interest in the H-1B program rather than technical policy concerns.
For instance, there is still no action taken about the L-1B visa classification, which is a lot more open to abuse than H-1B is. It has no cap on how many visas can be issued every year. It also has no obligation to pay the employee a prevailing wage, no requirement for a bachelor's degree to qualify, and it cannot be transferred to a different employer (which means employees are stuck with their sponsor until they qualify for a green card).
$100k fee is a good start. Trump doesn't know L-1B exists.
Ohhh no, how will we afford our sub-standard DBA cough I mean world class 1% talent?
To be fair, these generally are used to skirt hiring Americans at market price. I've personally written a few explanations on how "no American could ever fill this role" for a very standard product engineering role.
This debate is always discussed from an immigration angle, but if companies truly have an issue with "finding skilled workers", another organic solution should be to try to "skill the workers", i.e. making education more affordable. Maybe that's something these 100k fees could be put towards?
H1B's are a invaluable part of our communities and America's immense capital and soft power. However there is also a ~7% unemployment rate of new CS/CE grads. (Not including underemployment). This is after tech firms begging schools to reallocate vast amounts of public money into teeing up young tech employees. With the vast availability of a global workforce, there is little incentive to train junior workers.
Of course much of this could be solved by narrowing the gap between the lowest earnings and highest earnings workers so that the tech career path wasn't so high of stakes. Anybody working should have the opportunity to launch into a dignified adult life. There must be a conversation ultimately about where the vast profits of tech firms should sit within our economy.
Throw away the H1B, introduce streamlined high skill immigration to the US. Top 1% of talent from all over the world should be able to move in under 2 weeks.
The first country that cracks this will have streets paved with gold.
Quite a think to crack. My company takes 2 months to decide on whether to hire the top 1% of a very specific profession.
> Top 1% of talent
How do you determine that?
You pay an H1-B hiring consultant $500K to forge resumes for everyone you're hiring.
Given the Homeland Security Secretary’s power to make exceptions, I get the sense that FAANG will pay in various currencies such as dollars, fealty and bribes/favors to the administration, get their exceptions and unlimited H1Bs, truly achieving the goal of paying less than market wages, pushing all the wages down.
IMO I think we need to fast-track H1Bs -> Green Card -> Citizens. Make skilled immigration easier, not harder.
Otherwise, if its too onerous, we're just training another countries workforce.
This is already the case with Indians and possibly Chinese. The waiting time for h1b to green card for Indians is several decades right now and maybe 5-10 years for Chinese. Things might get better if the climate discourages future immigration from these countries but there's already a big backlog in place.
That's about to speed up when H1-Bs drop to the hundreds next year.
H1B isn't skilled immigration. Or at least it wasn't before this change. Thanks Trump!
India: 71% of H-1B approvals
China: 11.7% of H-1B approvals
All other nationalities: 17.3% combined
Src: https://www.aljazeera.com/news/2025/9/22/h-1b-fee-hike-whos-...
$100k filing fee cannot be legally viable. But I support the direction in general. There is virtually no gate control, causing the visa category to be flooded by fraudulent applications (including unqualified hires, duplicate lottery shots). H1B visas are initially designed for economic efficiency, so using monetary means to control it is justifiable.
It depends how this is implemented but I think that only “rich” people including criminals will use this as a way to bring undesirable people in. Again it spends on implementation but when you’re “paying” for someone to enter , is there extra leeway on the approval ? How strict will the entry requirements be ?
There’s no gatekeeping on any tech job, and it’s on purpose so big corps can abuse the system and lower the wages, while they make billions. It should be regulated to prevent abuse, that’s hurting everyone except corps.
How does a republican raise taxes without raising taxes.
This is how they do it.
What industries are going to get hit hardest? Tech and medicine, two of the largest money makers in the country.
https://pmc.ncbi.nlm.nih.gov/articles/PMC5815043/
Hire Americans and there is no "tax". Problem solved.
I'll replace all your coworkers with random DeVry grads. After all people are interchangeable like parts of an assembly line.
The white collar version of ICE enforcement.
it's effective nearly immediately too, and applies to all entries, not just applications
> the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025
anyone on a visa who happens to currently out of the country has ~24 hours to get back without a $100,000 bill
if you're in the states, you won't be removed, but you cannot leave and re-enter without paying up
So, essentially, startups will never be able to hire fresh graduate students again (masters/phd). This means that the best and brightest individuals who have made it to the top US institutions after winning numerous rounds of global talent filtering will be deported.
I like how the assumption here is that there are no domestic graduate students anymore.
In 1996 I was at a top US university getting a master's and was the only white dude in most of the classes. There was a probability class that could have been taught in Mandarin if it hadn't been for me.
I'd be curious to know the stats. My personal experience: I interviewed tons of candidates in the past few years for a big tech company, a small fraction are US citizens (at least from what I can tell from their resume).
Not none, but very few in the stem fields (less than 40% from my estimates).
Why would you pursue a PhD with a 25k/year stipend when you can just start a near 6-figure job and start paying off your student debt?
Only the ones with financial freedom or commitment to research take the PhD pill. Or when you go through a recession and you want to delay the entry to the job searching market.
This is exactly the problem with the system. If there are tons of foreigners willing to get grad degrees and work for a small salary increase over a bachelor’s, US students are not sufficiently incentivized to do graduate studies.
The percentage gets worse when you look at the top say 10% of PhD students. Go to AI/ML conferences and see who is presenting the papers; it’s almost all international students in US universities or students from outside the US.
My compsci classes were 80% foreigners. Why? I'd guess because they pay full tuition and the schools love the money.
If they're the best and the brightest individuals in the world, then surely they are worth absolutely enormous sums of money.
Sorry, is this legal? Like is the fee something that can be changed with an EO, or is it set by congress?
The original Bloomberg article doesn't state: https://archive.is/tpuut
Some research (okay, okay, I used Claude) indicates that "In summary, while Congress provides the statutory authority and mandates certain specific fees, the specific amounts for most H1B fees are set through the regulatory process by DHS/USCIS based on cost recovery principles and activity-based costing analysis."
Further, "The core authority comes from the Immigration and Nationality Act (INA) section 286(m), 8 U.S.C. 1356(m), which authorizes the Secretary of Homeland Security to set fees for adjudication services "at a level that will ensure recovery of the full costs of providing all such services".
From the legislation ( https://www.govinfo.gov/content/pkg/USCODE-2024-title8/pdf/U... ):
That fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of providing all such services, includ- ing the costs of similar services provided with- out charge to asylum applicants or other immi- grants. Such fees may also be set at a level that will recover any additional costs associated with the administration of the fees collected.
Ya gotta admit, $100,000 per person will definitely ensure recovery of the full costs of providing all such services.
I imagine there's a very good argument that the fee is intentionally excessive, and I also imagine that the Supreme Court will decide after a lengthy court battle that the President is due extensive deference in this.
yes it's legal. New admin is doing more background, investigations and immigration enforcement, which costs more. Taxes and fees are the price you pay for civilization!
Congress has largely written itself out of immigration policy. It's paid for by fees set by the executive, which means Congress does not have the power of the purse.
Recovery costs is set by the USCIS, which is under the executive branch and subject to "rule" changes.
They have already torn up the constitution, this would be small potatoes.
A 100k fee is well within the territory of killing job prospects for skilled foreign students graduating from US universities.
What percentage of the AI labs are staffed by either foreign workers or second/third generation immigrants? Look at the composition of high achieving high school students- almost certainly of Asian or Indian descent, certainly many belonging to families of recent immigrants. The pipeline this EO disrupts is immense.
I think most people could agree that H1Bs allocated to Wipro, Infosys, and TATA are wasted. This reform doesn't seem like the right way to address that and retain positive aspects of the program, like the foreign student pipeline.
This should increase political donations, cryptocurrency bribe purchases, and social compliance among tech companies dependent on H1B, whether it becomes policy or not. For that reason, you can expect no resolution before the mid-term elections, and a corresponding race to secure H1B’s before any policy change.
It’s too bad policy won’t actually track economic needs or fairness; it’s mainly to drive the expansion of the political franchise.
This is likely a bargaining chip that is meant to bring India back to the negotiating table for one topic or another.
Not really seeing how? Wouldn't this just benefit India (and the rest of the world)?
If visa rules prove too onerous, companies pivot north to Vancouver, BC. [1]
Canada is rejoicing for the new boost to its economy.
[1] https://www.forbes.com/sites/johntamny/2024/09/16/the-micros...
This may boost remote jobs.
I have worked for many US based startups, all remotely. Timezone difference (I am in India) is a big issue unless the company is very well structured to work asynchronously.
Companies hiring top talent may still hire with a $100K additional charge but even at $250K - 400K salaries, this is a lot of additional cost.
That's where the HIRE act comes in.
There's a ton of abuse, feigned work and loopholes, and rules that undermine the law and also make foreign workers a 2nd class.
Amongst other elements that should be fixed:
* Taxation without representation (i'm suggesting adding the latter, not removing the former)
* The H1B worker must be paid at or above the higher of the median rate at the company for the role or at the employee's request by an independent valuation for the role, this ensures workers are not being paid less
* The fee should be prorated, monthly, over the 6 year span of the H1B, allowing the company to spread it over time and manage cashflow
* The H1B worker should only be contractually required to stay for the average tenure of the role in the industry (which afaik is 18mo right now)
* The H1B worker should be able to easily port their H1B over to another employer. The new employer must pay the fee, prorated, on the H1B, the prior employer will be reimbursed prorated unused fees
> Taxation without representation (i'm suggesting adding the latter, not removing the former)
Happens to permanent residents too, not only employment visas.
correct.
I'm not sure the solution, because visas/Perm cannot vote. But at least the latter can (afaik ianal) contribute to political campaigns.
Does that make sense though? It seems appropriate to me that only citizens of a country can vote in the elections of such country (US or elsewhere). It’s definitely more complicated than “no taxation without representation”.
Some counter arguments from the top of my head:
What about tourists? They pay taxes while they are here too.
What about electoral interference? It’s way easier to pay taxes than to gain citizenship; this would create a perverse incentive.
What about allegiance? When you become a citizen you pledge allegiance to the US. Not when you pay taxes. Would incentives be aligned?
What about citizen only duties? (male) Citizens have to sign up for selective service and might have to go to war. Not so with H1Bs (though, to your point, permanent residents have to do it). Would it be fair to offer voting rights to everyone even if they don’t have the same duties?
They will never allow you to port your h1b to another employer. The companies love h1b because it nails your feet to the floor.
That's the L1 though. With an H1B you can get another employer, but the problem is that it has to be done in a narrow period of time, and the other employer has to be willing to sponsor the H1B.
Stopped clock, twice a day, etc. H-1Ba are supposed to be for difficult-to-find specialists, not generic tech workers.
> H-1Ba are supposed to be for difficult-to-find specialists
In my understanding H-1B is supposed to be for generic workers, rather than O1 which is for people with extraordinary ability in their field. That's why there is limit, lottery and high application fees.
H-1B is for difficult-to-find specialists and O-1 is for people with extraordinary ability in their field.
H-2B is for ordinary workers.
The opposite of extraordinary is, well, ordinary - why would they be difficult to find? H-2B seems to be a non-immigrant visa for temporary workers.
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The way I see it is that US companies cannot simultaneously compete with foreign workers who are as good or better than US workers but are willing to work harder for less money, and also retain a high QoL for US workers. If US companies want to compete on actual merit and cost, they have to let US QoL take a hit. If they want to retain US QoL, they can't compete.
Something's gotta give, and the endless dancing with partial offshoring and H1Bs is band-aiding over two options: a bloodbath for American workers where competing for their jobs is actually opened up to the globe, or a massive, nationalist set of labor protections to stop other countries from bidding on work asked for by the US markets. Making H1Bs more costly is a little stronger than a Band-Aids, but not by much.
I've always felt that h1b grants should use second price auctions paid for by the company in question, instead of through lottery. This has all of the benefits of high skill immigration with virtually none of the downsides of hurting the middle class or depressing wages
CS new grads from Top10 are finding it tough to get jobs. There is lot of supply of smart CS grads within US. No need to hire H1Bs in the current economic situation which is different from late 90s when H1B program started.
I don't get the negative points here to be honest. To me, it seems better than lottery to be honest for all parties involved.
Wow. Tech companies must b pissed. After donating millions (even 24k gold apple totems!) the orange man turns around and punches them in the pocket book! At least he didnt put a tax on options vesting
If you're concerned about 'brain drain' remember O-1 visas are for the truly exceptional immigrants which remain in effect.
H1B visas are for rank and file employees with just a skill.
This allows employers to indenture servitude employees, depresses American wages, increases unemployment, increases rent prices in areas with high levels of immigration, and hurts American culture.
Most jobs are not that hard and a company should invest in Americans instead of immigrants if it want's to continue to do business here and enjoy the fruits of America.
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Is the white house planning to do this for all the temporary visas in hospitality too?
I know a few companies that were relying on those heavily and it sure would help if those jobs went to Americans.
https://www.npr.org/2017/07/20/538387033/trumps-private-club...
Defund universities, kick out high skilled foreigners... This guy's doing everything in his power to turn the US into a bigoted impoverished backwater wasteland
“I believe the shortage of U.S. talent, and the U.S.’s unwillingness to let companies bring in more global talent, has been a huge factor in why U.S. technology companies are increasing their Canadian footprint.”
https://vancouversun.com/opinion/columnists/douglas-todd-ama...
100k is a bargain for such highly skilled foreign workers you desperately can't find here.
Doesn’t this just mean less talent? Companies would hire locally if equal level talent was available. I doubt it’s really about saving money when these jobs earn a lot of revenue per employee. Adding this fee means companies may just not find anyone worth hiring. It would make more sense to require H1B salary to be equal to the highest paid local employee of the same role at that company than to just throw an arbitrary $100K fee on.
I don't think you can possibly argue, in good faith, that in the midst of the tech recession there isn't plenty of local talent available. If you're actually paying decently, and probably even if not.
Local talent is available and looking for a work. Companies want cheap H1B workers.
I think it will mostly impact cap-exempt employers. For example, universities typically use H-1B for new faculty hires, as the visa is available quickly and without too much effort. But if the visa costs $100k, the university will probably skip international applicants, because the hiring department rarely has that much money it is allowed to use freely.
Research universities could probably use O-1, as the requirements for O-1A are lower than the bar for getting a tenure-track position. So they would effectively pay $10k to a lawyer rather than $100k to the government.
Yep. My wife just started as a professor (humanities) and she entered on H1B visa last week, as green card takes years to obtain. I have been offered a teaching job at the same institution as a partner hire and they have filed an H1B petition for me.
Unless they clarify that education is exempt from these rules, my wife will surely have to quit her new job. She is supposed to go on fieldwork later this year and she won’t be able to re-enter. Not to mention I can kiss my lecturer offer good bye. This is an incredibly retarded situation.
If you believe in the laws of supply and demand, it means lower wages for local workers, as they have to compete with foreign competitors. In the long term, lower incentives for local workers to get into the sectors hiring H1Bs. Those sectors will then complain about the lack of local workers and ask for more H1bs.
> Doesn’t this just mean less talent? Companies would hire locally if equal level talent was available. I doubt it’s really about saving money when these jobs earn a lot of revenue per employee. Adding this fee means companies may just not find anyone worth hiring.
https://news.ycombinator.com/item?id=45224057
Your reply to my comment there:
(me) ... I don't think US workers should have to compete with 1 billion+ other global workers for their jobs ...
(you) They already do though. Do you own any items made in other countries? If so, you’re competing with other workers already. It seems weird to focus on immigrants workers in America versus citizens in America while importation is allowed at all. I find all of this also very much in conflict with HN’s anti tariff attitude.
So, you seem to understand the problem. This is not about lack of domestic US talent. This is about disempowering US corporations from importing unnecessary labor to disadvantage US workers (who are currently facing an unfavorable domestic labor market).
Citations:
https://news.ycombinator.com/item?id=44880832 ("There is no requirement to demonstrate that you cannot find an American to do the job to get an H1b visa approved. If that person applies for a PERM position (needed to convert to a green card) there is. Hence the H1b is easy to game by employers to get cheap indentured servants. With PERM (converting to a green card) they try to hide the job postings so that people will not apply so that they can get the green card approved. Some of the tricks include putting ads in the newspaper, using esoteric websites and other media such as radio instead of job boards where tech people actually look for jobs. Some Americans who have trouble finding jobs in the current market took on a side project of scraping newspaper ads and these job boards and created https://www.jobs.now/ which lists these jobs. If enough Americans that meet the minimum qualifications apply for a listed job it stops the green card process for that position, usually for 6 months before the sponsor may try again. Also, there are a lot of stories about people getting O-1 visas via fake credential mills and research papers. Both can and are being gamed to get O-1's." -- u/lgleason)
Corporations are trying to hide job openings from US citizens - https://news.ycombinator.com/item?id=45223719 - September 2025 (526 comments)
Job Listing Site Highlighting H-1B Positions So Americans Can Apply - https://news.ycombinator.com/item?id=44892321 - August 2025 (108 comments)
H-1B Middlemen Bring Cheap Labor to Citi, Capital One - https://news.ycombinator.com/item?id=44398978 - June 2025 (4 comments)
Jury finds Cognizant discriminated against US workers - https://news.ycombinator.com/item?id=42385000 - December 2024 (65 comments)
How middlemen are gaming the H-1B program - https://news.ycombinator.com/item?id=41123945 - July 2024 (57 comments)
https://news.ycombinator.com/item?id=42454509 (additional citations)
Yes it means less talent.
Want proof? Elon Musk, Sundar Pichai and Satya Nadella were all on H1B visa at some point.
[dead]
The pendulum swung really hard back to in-person office work a couple years ago. I wonder if this will swing it back and make more positions remote-friendly.
Remote if you live outside US. You get a COL indexed salary.
This only incentivizes opening a GCC in Eastern Europe or India. I can't justify hiring a remote worker in the US and paying them $150k-200k when I can hire 2-3 people in Warsaw, Prague, Tel Aviv, or Hyderabad for $60k-90k.
I initially loved remote work and was doing 2/5ths of my week remove before 2020. Once I became fully remote for years, the horror sunk in--it's career suicide.
IMO it’s just different. If you want to go into management or anything involving politics, I do think remote isn’t the move.
As a fully remote engineering contractor I’ve been building my area of expertise, clients and connections, and so far it’s been alright. It does take work and there’s no one to guide you, but in my experience with ambition it’s doable.
Here's hoping
I think this is an upfront cost, not an annual cost.
It is an annual cost. This will dramatically shake up the US tech industry. I expect to see engineering budgets increase, and less Americans struggling to get interviews and ultimately jobs at companies HQ'ed here.
The originally stated purpose of the H1-B program was to import top-tier elite talent but anyone who watched it evolve saw that it became terribly exploitative. I've watched as companies that I've worked for have given 1/4 market rate or worse to H1-B hires. They got addicted to cheap talent. It stopped being about talent on the hiring side and more about increasing head-count at a major discount.
Bring in top talent, but pay them what they're worth if you do. A top-talent elite hire should easily be worth double what a native-born top-talent elite hire would be worth if this program can just do what it was designed to do.
I hope this is the outcome. Can anyone convince me that these companies won’t just hire more Indians in India (or outsource to Indian companies)?
Because they would have done it already. Why go through the hassle of bringing over an h1b if you could just hire them overseas now? The use case for h1b is different from outsourcing. If the requirements need to have someone in their US branch then you use h1b.
I have a feeling if you hire more Indians in India (which is already coming out to ~40$ per hour billing rate) you are going to be stuck with the problem that you now have the typical Indian outsourcing problem which is why companies want them locally: to keep an eye on them.
When the C-suite moves to India, I'll believe it.
My hope is that this unleashes American tech workers and the US market again. There is almost no reason to apply for H1B anymore except for the original purpose of hiring workers with very unique skill sets that cannot be found in the US. This could be the most monumental thing this Admin does for tech workers as long as there is not some monkey paw aspect to this
There's obviously a monkey's paw aspect! Big US tech companies are going to immediately freeze their hiring budgets until they get clarity on whether this fee is permitted and how they should pay it for existing employees. Hope you're not an American tech worker looking for a job right now!
undefined
>as there is not some monkey paw aspect to this
Has there been anything that hasn't had a monkey paw aspect? These guys have ZERO credibility left and its only eight months in.
From CNN:
"Commerce Secretary Howard Lutnick told reporters on a call Friday evening that the administration came to the fee of $100,000 per year, plus vetting costs, after talking with companies.
He noted that the payment structure is still under discussion with the Department of Homeland Security, in terms of “whether we’re going to charge the $300,000 up front or $100,000 a year for the three years.”
It’ll be struck down in court within a year. The question is: who’ll be brave and bring the case?
I will be demanding that my company do so, and I think quite a lot of the people reading this should do the same.
But one alternative is for your company or industry to arrange an exception.
undefined
annual cost and they raised the minimum pay to 150k so now its a minimum of 250k to hire an h1B. Or they can hire a new american grad, pay them 80k and train them
Note that the fee is triggered by entry.
It sounds like F1 and TN visa holders will be able to acquire H1B visas without triggering the fee (but no international travel afterwards or the fee would be triggered).
I suspect that the o1 and l1 visas will get more use if this actually gets enforced.
I also suspect that the large tech companies don't overly mind since they all have very active offshoring programs.
Except that I (and I believe it will apply to many folks similar to myself) working for US company branches located in the EU for a decade, on the staff/EM positions, with education to qualify also for O1 - will not put my life and my family’s life to be the subject of sudden immigration changes.
What’s stopping them from doing the same for L1/O1 folks and locking them in with days’ notice?
Few of my US colleagues that I know are now abroad, and I cannot fathom how they took the news.
This will just encourage companies to off-shore more.
It's already 70%-80% cheaper to hire offshore. How much more juice is left to squeeze?
That's just insane, do you honestly think they will just allow that? They are American companies, vulnerable to the power of the government.
Then it's time to start seizing these companies assets. American corporations exist to benefit the US and US people.
the tax code was recently adjusted. All foreign R&D needs to be depreciated over 15 years, you can depreciate immediately for US based R&D.
I work for a big tech company that was already hiring a ton in Canada, I have to imagine this is going to add massive amounts of fuel to the flames. Are they just going to accept that offshoring is the next best alternative? And by offshoring, I mean, immigrants moving to Canada and working for American companies because their work visas are better
This apparently goes into effect in 24 hours. And applies to current H1-B holders. Entry isn't permitted until the $100K is paid.
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3l...
It's probably not even worth asking these days, but is there a reason to believe that the President has such an authority?
As authorized by federal law, the department will conduct investigations of employers through Project Firewall to maximize H-1B program compliance. To achieve this goal, the Secretary of Labor will personally certify the initiation of investigations for the first time in the department’s history. This historic action leverages existing authority granted to the Secretary if reasonable cause exists that an H-1B employer not in compliance.
Secretary-certified investigations, as well as other H-1B-related investigations, are important tools the department will use in Project Firewall to hold employers accountable and protect the rights of American workers. Violations may result in the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time.
Just learned that there are about 15k doctors on h1b and if a good chunk of them leave it’s going to be disastrous for the fly over states. Hospitals are already shutting down and much will only increase once the Medicaid cuts take effect. And on top of that the visa issue will absolutely dent healthcare
I would think the hospital industry would get an exemption from this as it is critical to the US.
At that price point, it's cheaper for companies to risk investing in foreign branches and building up work centers outside of the US. You want to keep the price high enough to stop the bodyshops from gaming the system but you want it low enough so that all of the work doesn't get set out of the US.
Check out this Q&A session hosted by Manifest’s principal immigration attorney happening on Monday! Incredible resource to help prepare https://luma.com/xc2wbio7?from=embed
Can I be pro-immigration and anti-H-1B?
I want people to come here legally, put down roots, and buy into our way of life. I love to see patriotic first gen immigrants. I don't want our country used as a piggy bank just because we happen to have good paying jobs right now.
The latest updates to Windows were just too much for him.
How are startups supposed to afford this? How are talented H-1B workers supposed to start companies? And no, the answer is not always an O-1. I know plenty of foreign founders contributing meaningfully to the US economy, now slapped with a 100k fee.
Hire Americans.
Ever live somewhere that isn't a city, but has access to talent from a local university? No one is sticking around to be hired for $70k a year when they can make $120k a year in a city. Yet, there are plenty of hires due to a local migrant population, which commonly has generational support. This disrupts that. It hurts more than migrants. It hurts communities.
they're not, it's a moat
Great, let's punish early stage startups instead of rewarding the successful ones.
Seems like a reasonable policy. Given that the most talented tech workers, the ones the H1-B visas are designed to make it easier bring to the U.S., are getting $100M+ signing bonuses right now, a $100k/yr fee seems pretty trivial in comparison.
The number of people at that compensation level is very very small, and they will probably go for a O1 type visa instead of a H1B.
That’s true in AI field. Even if you are an elite researcher in some other field like biosciences, physics you can’t demand those salaries. So people in those other fields are essentially screwed.
We need something similar here in Canada, tech job market is abused and exploited by corps.
The rest of the headline is "in likely blow to tech", but I disagree. $100k when you're pimping some poor soul out for $40k/yr is too much. But when you're already paying them $500k+? Cost of doing business.
Interesting, seems quite steep.
Does the extension also cost 100k?
I don't know the statutory authority under which this is being done, if this is true it will come out in the next few days.
I would have preferred a simple auction, seems like the most reasonable solution.
Later reporting is saying that it will be 100k / year. If so that's quite substantial.
That will make the program non-viable for a large percentage of the people who use it today.
I suspect that the o1 visa would get far more use if this change were enacted.
It seems to high. Again: why not make it an auction?
Are they going to reinvest these funds into educations so our country can fill these roles or just waste it on weapons and unwinnable wars?
I would be totally fine with this if it was the former, but I would bet that it won't be...
In 2024 These where the top 10 h1b visa companies.
Amazon Com Services LLC- 10,044 H1-B visa holders Tata Consultancy Services LLC- 5,505 Microsoft Corporation- 5,189 Meta Platforms- 5123 Apple Inc- 4,202 Google LLC - 4,181 Cognizant Technology Solution - 2,493 JP Morgan Chase and Co - 2,440 Walmart Associates Inc - 2,390 Deloitte Consulting LLP - 2353
I'm going to speculate that this little is lost by hardening the h1b. The 100 000 a year is not going to stop someone from hiring truly "exceptional" talent.
This does not really goes with the employment at will clause. Companies would just stop hiring H1Bs. Even the signon bonus comes with some sort of payback requirements if some one leaves before certain duration.
It's not a bad proposal, though raising the salary requirements would be better. This essentially does that though since a company has to account for it in their hiring costs. IOW it costs the company $100K/year to hire a foreigner vs a local, which offsets the low salary that you might be offering that foreigner in order to "save costs" vs hiring local.
However, the unsolved problem is that this could just lead to more offshoring by these same tech companies who are abusing the program now. Not sure if there's any way to stop that.
In 2025, with remote work and globally distributed teams common, what's the incentive to bring talent to the US anymore? To even pay the current price for H1B visas.
Flatly illegal. Congress has not authorized imposing such a fee and the current statute would sets the fee based on cost recovery for administrative processing of the application.
https://www.epi.org/blog/disney-h1b-scandal-in-spotlight-mee...
Companies like Disney, too, have committed abuses with the H1B. It's not just big tech, it's widespread across the United States. I think Americans privileged with different Visa or residency status will benefit.
I can't see this lasting. This could go two ways - either large organizations pay up in some other ways to this administration or this is used as a leverage to force India to come to the table. Also that India receives $36 billion in remittances from overseas Indian workers. The current ruling Party in India is going to feel some pressure from its citizens over that alone.
India is so happy about this change that the only thing they have publicly complained about is the potential for family disruption.
> $36 billion
One new big tech office in India will generate more than this, and all the tech companies are in a hiring spree in India to do this right now.
Love it.
Curious what this will do for faculty. Common to use H1B as a bridge for a few months before green card. New CS faculty salaries cap out at 180K at the high end.
Here that sound? It's the GCCs being opened up as a result of this shift.
There's a reason Microsoft, Google, Amazon, and others have been expanding offices and raising TC in Eastern Europe and India for years.
The main industries that will be severely hit are chip design, biotech, pharma, and STEM academia.
Good for India though, who needs a "Thousand Talents" program when the targets of a brain drain are to cost prohibitive to hire in the US.
Lets Go!!! Raised the minimum salary to $150k. The 100k application fee is per person per year.
Meaning now companies can either hire an American new grad for 100k a year or pay 250k a year to import someone. It also still allows companies to bring over highly skilled foreign workers for which there are no American equivalents.
Really happy with the approach and I think it will be a massive boon for US tech and knowledge workers
Nothing in the proclamation [1] says it is "per year". What it says is that every existing petition must be supplemented by $100k check, otherwise the employee won't be able to (re-)enter the US.
So, if you already got your visa issued for 3 years, and you didn't have any plans to travel abroad you are good until the end of your current visa term (which might be 2-3 years in future).
Also, apparently Department of State has started a pilot program that allows one to extend their H-1B visa without going abroad to have their passport stamped, so in that case you can get 3 more years in the US without the fee. The biggest limitation of course being that you're stuck in the US for the whole time, unable to leave.
[1] https://www.whitehouse.gov/presidential-actions/2025/09/rest...
If H-1B workers are too expensive to hire, tech employers have two options:
1. Hire more American workers (pay more, maybe they don't exist so don't hire)
2. Move their offices overseas (already happening, we should see an acceleration)
Ok, I guess AI could also start replacing more roles, but we won't see that productivity for a year or two.
If companies choose 2 over 1, it will mean fewer jobs overall in the USA (including support and service jobs).
This is happening in tandem with work to tax offshoring ("No Tax Breaks for Outsourcing Act")
Companies could already hire offshore for 50% of what they pay in America, so I don't expect a dramatic change there.
https://thefactcoalition.org/wp-content/uploads/2023/02/No-T...
Yep - I expect to see a lot more job postings for overseas. Not the time to encourage offshoring.
What about just hiring remote contractors?
Logistics and vetting mostly. The Indian body shops have a business model that already does this, actually: you hire the body shop, they send over one or two more senior engineers who then act as liaisons that farm out work back in India where most of the body shop is still located. My guess is that you'll just see more of that going on, although the R&D tax rules are getting weird with respect to amortization and out sourced labor.
My experience with those kinds of places is that they send their "dream team" for the first couple of months but then bait and switch the client with less experienced staff who subsequently f*ck everything up.
T-minus 48 hours until some judge somewhere deems this outside presidential powers. Because nothing apparently is within presidential powers.
Here's a thought. Why not pin the H1B tech acceptance rate, forget high fees, to some measures around tech unemployment rates? A recent reading I read showed a higher unemployment in tech than non-tech jobs. I wish I could find the article that mentioned it (most likely Bloomberg or WSJ in the last two weeks). Doesn't that put the stats where the mouth is?
US-based companies that depend on H-1Bs may:
- stomach the cost increase,
- reduce the number of H-1Bs they hire,
- move (the company) out of the US (i.e. to less imposing jurisdictions).
If companies choose the latter, the irony is the resulting reduction in US tax revenue from companies moving out could outweigh the gains in revenue from the $100k H-1B tax, thus resulting in lower US government tax revenues due to the change.
You missed one:
Hire Americans.
Here's what I propose:
1) All countries are free to come up with as strict or as loose immigration/tourist visa requirements as they like.
2) Companies can source remote labor from anywhere with zero government overhead.
3) Companies cannot source physical labor from abroad.
4) Reform local housing laws so that housing is not used for speculation/tied to employment.
Then communities can finally be communities, work can be work, and tourism can be tourism.
The process is ! Apply for job, get interview, pass interview! If the guy has h1b reduce 30k in salary and recommend hire and move forward !
The US has 340m people. There is absolutely no way they need people from other countries to fill their entry-level roles.
The keyword to search for is prevailing wage. https://flag.dol.gov/programs/prevailingwages is apparently under maintenance Also it's mot just a number, it depends on the jobs location, type and level.
Good maybe we can start ending the catch 22 system where Indians are claiming they have experience back home and then taking jobs from citizens who can't get their first job because they don't have experience while competing against a >1 billion population. The graduate market is a mess.
Interviews are a thing, no one is hiring people based on self reported claims
No one ever lies
I wonder how much china will benefit from this?
None of us are talking about the important part of this - this new fee can be waived at will by the Secretary of homeland security entirely at their discretion. This isn't about H1b at all, it's about punishing political enemies and rewarding allies. It's one more little toehold of the mafia state.
H1B should be banned completely as Americans wanted. Which also helps other countries to build their own big tech.
A.K.A., the Great Offshoring Incentive Act.
Like tech companies aren't extremely vulnerable to whims of the US government and they'll just allow them to do that.
As a european I welcome this change and hope european countries are able to respond by lowering the barriers for talented people to come here.
Come to europe! The taxes are higher, and you have to pick your country wisely depending on what your goals are, but the politics are nicer and you often get healthcare
The issue is race, not immigration, as it was with the Jews pre-WW2. Europe would probably be even worse than the US in the long run, given that nativism would run even stronger.
The issues are philosophical ultimately, and the theorists of Liberalism simply haven't stepped up to the challenge.
I have a hard time parsing what you're trying to say
This is going to exacerbate the already kicked off reverse brain drain. University applications have fallen off the cliff this year and now with this there is no incentive for folks to come to the US. All this talent going back will cause enormous opportunity for wealth creation in India and other countries.
It looks like any H-1B holders currently traveling abroad need to return within 24 hours:
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3l...
Discussion on The H-1B Visa Program and Its Impact on the U.S. Economy here - https://news.ycombinator.com/item?id=45309740
Tech companies will just pay the $100k. Over the length of the visa it's still a savings in reduced wages. Never mind that you "lock in" your H1B employees while a US hire will job hop to get a promotion or wage increase since that is the only realistic way to do so these days.
It’s per year.
FYI Manifest (startup focused on immigration law) is hosting a free webinar by an experienced immigration attorney on Monday to answer questions related to this:
https://luma.com/xc2wbio7?from=embed
yes! these guys are focused on o1/eb1 as H1B alternatives
https://archive.is/3ZWh2
ITT: HN goes mask off
Do you honestly think the H-1B visa program is not predominantly used for hiring less expensive workers with fewer choices and negotiating leverage?
The US has had its mask off since 2016-17. The tech industry somewhat more recently.
> H-1B visas are already costly to obtain, ranging from about $1,700 to $4,500
oof, that's a big price increase.
My one concern is that the salary discrepancy minus the $100k might still be worth it for FAANG specifically.
That's the point. If you really deserve it with your skills, then 100k is nothing.
Why is that a concern?
So they'll just hire in India instead but now the taxes won't be paid here. Marvelous.
Unless Trump bullies companies to close their foreign offices. I'm pretty concerned with that as that would impact me. That being said, I don't see how FAANG could operate only with US citizens.
"Critics, including many U.S. technology workers, argue that it allows firms to suppress wages and sideline Americans who could do the jobs."
I don't know many tech workers who criticize H1B visas, outside of maybe the way that they empower the employer over employees.
How many American tech workers know anything about h1b? It's not like your employer tells you who is who.
News flash at 11, i.t. body shops to impose $100k indentured servitude debt on h1b seekers.
Visa fees can't be transferred to employees.
You don't have to live in a country to be hired as a contractor by a company. The only difference is that the contractor will pay taxes in the country of residence, so ultimately it's a bad deal for the US.
So is this requiring the $100k fee payment for all H1B visas including recent college grads or just H1B visa applicants from outside the country?
It says that the payment is for H1B visa applicants who are currently outside the country?
https://www.youtube.com/live/KcZEcDe1Hys?feature=shared
This was a live a few hours ago on H1B news.
There is also something geopolitically playing here. Trump administration recently threatened India with tariffs and when it didn’t budge, many of its key MAGA voices (Bannon and as such) tweeted asking for the exact same thing he just did.
Recently Trump also met with Indias arch enemy Pakistan’s de facto leader (military chief) in Washington and shortly following that you had Saudi-Pakistan NATO like alliance announced (of course US is major allies for both of those countries). It is interesting because pre-election Trump touted many Indians and even had Modi joining him in one of the largest Indian gatherings. But I guess Trump admin being the wild card it has always been policy wise had a shift. What that leads to is still to be seen.
Recent SCO summit where India and China had some shared alliance pledges can give some hints what’s to come but it’s interesting he didn’t so far do so with Chinese students and had in fact a U turn on allowing 600000 students with their visas as part of the trade negotiations.
Anyone who thinks this is pro-labor in any way or going to increase American salaries needs to spend some serious time thinking about who is implementing this policy.
I hear American's have to get in debt for over 100k for the same education thats almost free in so many places, so it might be a kind of balancing things..
Employers aren't allowed to pass visa fees straight off to an employee.
The international student —> h1-b pipeline is unaffected it seems?
Let me guess...
A 90 day pause is next if the markets crash over this next week.
Either way, this is the sub definition of "AGI". Time for the "AI Agents" to prove their worth as advertised and hyped.
Or else...
I saw that a certain reading of this language:
> Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
Could be interpreted to mean that anyone who leaves the country on a _current_ H1B and attempts to return might be blocked if they don't have proof of the payment having been made, despite the fact that no process currently exists to remit said payment.
I'd love to say it's doubtful this administration would do something so callous, asinine, and cruel, but...
That is my interpretation.
Regardless of whether you think imposing a $100k fee on H1Bs is a good idea or not, there is no way that a 2 day deadline makes sense from an implementation perspective. On a weekend too. This is just going to cause panic and confusion at the border.
No, the language clearly limits the restriction to those “aliens … currently outside the United States.” “Entry” in this context means seeking admission (or re-entry) to the U.S. from abroad, under a new petition or visa that starts outside. It is tied to new petitions, and specifically those where the beneficiary is abroad.
“(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers … who are currently outside the United States …”
Looks like
A great idea I didn’t see on that page is replacing the lottery. Instead, H1Bs would be given in order from highest salaries to lowest. (Actually until the quota is exhausted)
This is a net positive action for the following reasons: The chuds have been clamoring for this for a long time. You can see every past thread on HN all the way back to the December blowup on twitter with Elon. At the same time, the economy is lagging and the admin's more direct measures to drum up support from the base such as chaining and deporting Koreans at the Hyundai factory are tanking future prospects for the economy and are causing diplomatic headaches. This current announcement gives the admin a way out by throwing some meat at the base before the midterms while knowing that this won't pass muster as they don't have the authority.
> as they don't have the authority.
Isn't this a change USCIS makes? Or does it have to go through congress?
Congress. This will cause interim disruption though while the lawsuits play out.
Come to Canada
My take:
It should be an auction.
The annual salary should match the fee (unless below some minimum).
Also announced today is the Trumpcard, a visa for super wealthy individuals. HN: https://news.ycombinator.com/item?id=45308778 but is wrongly flagged. Politico is carrying the Trumpcard: https://www.politico.com/news/2025/09/19/trump-gold-card-vis... and says that it's $1 million for individuals and $2 million for corporations. The Trumpcard website is https://trumpcard.gov/ and is a terrible parody of itself.
It's real. Here's the executive order: https://www.whitehouse.gov/presidential-actions/2025/09/the-...
“Reuters was not immediately able to establish details of who the fee would apply to or how it would be administered.”
I’ll wait till I form an opinion on this.
Hard to say what net effect would be in my industry most positions are shifted to offices in countries other than US as is.
What stops companies from hiring talent remotely?
We are in 2025!
Decentralisation is important due to the high cost of living in cities. Bring life to less populated areas.
Off the top of my head, the R&D tax code changes...
This prices startups out of hiring visa holders
It's kind of ironic that the party of tax cuts recently tries to solve problems with taxes like tariffs and now this H1B fee.
I wonder if this is applied to H1B renewals too?
IIRC technically there's no such thing as a "renewal". It's just a new application that bypasses the lottery. So given the low level of thought that goes into these EOs, the answer is almost certainly "yes"...
I was wrong. They’re attaching the fee to the lottery, somehow.
Trump answered a reporter's question about this. The fee is $100K per employee per year.
All it'll do is replace competent workers who don't have $100k to spare, with incompetent workers who have the money.
I certainly don't think the industry's hiring processes are perfect, but $100k on top of a normal wage for an incompetent worker is a lot of money to throw down the drain and not either run out of money or have someone competent notice and stop the situation before too long.
Unfortunately, to stop the situation you either need to let competent foreign workers in, or somehow make 2 years of masters education, or 7 years of PhD education more attractive to average Americans than flipping burgers and earning $22 an hour, on top of taking hundreds of thousands of dollars loan to get bachelor's degrees.
> $100k ... is a lot of money
It's still less than a domestic recruiting fee for many types of roles the H1B was purportedly about, roles where it's hard enough to find someone you need a headhunter's help and the pool is still not exactly what you're looking for.
False dichotomy. Why would only incompetent workers have the 100k to spare?
There's a reason why corrupt politicians and extortionists all over the world choose to retire in the US.
The fees are paid by employers and not workers.
Without salary enforcement, it does come out of workers eventually.
Like Americans paying Tariff fees out of their wallets due to price hikes.
This is still another loophole and the companies which exploit the program and workers (small consulting firms, not big tech per se) are still going to exploit this.
Naive question: couldn't companies here start sponsoring under O1 (which is still very low cost) instead of H1B?
Everyone knows that most H1Bs in the US are not exceptional or more qualified than Americans. The ones that are, are the exceptions not the case. Most H1Bs actually have pretty high paying jobs in their countries compared to salaries there. They just want more and use it as a loop hole to get in the US.
I wonder if there will be a new fee on H4 visa as well? They weren't allowed to work before.
something i havent seen commented on this time around for h1bs is that they arent just for tech workers, and this change is restricting the hiring of say, rural librarians because they arent gonna be able to afford the 100k price tag.
All the comments are missing the bigger picture with this new policy - Trump is sending a message the tech companies will need to pay up (to him) to get this policy to go away.
My guess is this administration will also use this as a leverage in any negotiation with India?
Possible. Trump is in trouble with MAGA over Epstein etc., so he puts out this proposal for a headline and will revert it under certain circumstances.
I was already surprised that he implements one of his campaign promises.
Looks like a great opportunity for other nations to hoover these brains up on the cheap
Will my teleoperated humaniform robot be arrested by ICE while I am in Spain - hard at work...
I wonder if treaty-based non-immigrant-intent work visas like TN and E-3 will be next.
people dont realize how lucky US citizens have it just by luck of being born in US
Feels like our luck is running out
I would assume tech companies can easily launch research centers in India, no?
May be good for remote roles?
Just gonna leave this here:
https://www.youtube.com/watch?v=koSby3mzX-E
As an american engineer, I love this! Thank you President Trump!
"if H1Bs are supposed to be a means of obtaining labor not available domestically it's curious they're cheaper than domestic labor
an easy way to ensure that they aren't directly substituting for domestic labor would be to add a $100k surcharge per head"
Don't love it yet. $100K surcharge per head for a 3 year visa is just $33K per year which is very absorable, and won't in itself affect visas much.
No, it's 100k per year.
The official announcement says:
> The Proclamation restricts entry for aliens as nonimmigrants to perform services in specialty occupations in the H-1B program unless their petition is accompanied by a $100,000 payment.
Nowhere in there does it say that it's annual. Note that the H1B visa is valid for 3 to 6 years, potentially longer, which dilutes the fee to $16K per year which is small money for an employer. Also, a fixed number does not keep up with inflation either.
This feels like groundhog day, didn't he already do this?
It’s not set in stone and can be reversed like tariffs no?
Do you mean reversed by future executive order answer that question is most likely, however, courts have shown a propensity to limit which executive orders can be undone by future presidents. For example, we saw this during Trump won with DACA.
Friendly reminder the US government is using it's legal authority to compel people to show their social media posts. At some point, hacker news is bound to get on their "to check" list.
Post nothing here you would not mind showing to a border guard.
Like seriously, I get this is very impactful, but don't risk your livelihood to argue with internet strangers.
tbf the only thing the US has got going for it is the english language. germany is a perfectly fine place to live and work. it’s not like if you join raytheon you’ll be playing with rockets all day. you’ll be working in a very narrow area of one isolated subsystem without being allowed to see the big picture.
You’ll probably have a 2 hour commute too, and in your free time mostly live in your car because only the big cities have any degree of walkability.
What good is more disposable income if i’m too afraid to walk alone at night.
Big tech CEOs FAFOed. Didn't have to be this way.
What a shame. We face a mounting demographic crisis from low birth rates already, mostly from economic pressures and lack of personal decisions in healthcare for women. So many wrong directions.
> low birth rates [...] from economic pressures and lack of personal decisions in Healthcare for women
This is an outlandish and ridiculous hypothesis with zero substance to it. All research points to it being the other way around. They higher the economic pressures and the less freedom people have in reproductive healthcare, the higher the birth rates. The moment Germany introduced the birth control drugs, the birth rate dropped.
If a country develops from the level of Somali to something like Germany and the birth rate tanks to somewhere slightly above 1, increasing the birth rate by maybe 0.1 by enabling more personal decisions has literally zero impact.
Of course I'm still a proponent of decreasing economic pressure on parents and enabling reproductive freedoms like pre-implementation diagnostics. The consequences on birth rate is just something we have to deal with one way or another.
> ...mostly from economic pressures and lack of personal decisions in healthcare for women
I've got some bad news for you about, well, pretty much all of human history...
I think this is extremely tangential to the article, but is there any evidence that any mounting American demographic crisis has anything to do with abortion being overturned?
Personal decisions in healthcare are about more than just abortion.
For example, if miscarriages are criminalized, and access to birth control is restricted - both real things that have been attempted or have actually happened in the US as a part of anti-choice policies - the only safe choice is to not have sex, ever. Which means you're probably never going to have kids, instead of before where there was a chance you'd get pregnant and then decide whether to have the child or not. Now it's too risky to even have a chance of getting pregnant if you have no autonomy. I certainly would never risk it in a state with anti-choice policies.
The intent of these policies might be to raise the birth rate, but I'm not sure they're going to do that. We'll see, I guess.
IMO the demographic crisis is more likely to be influenced by other factors, like the rising costs of raising children, the increasing constraints and pressures on parents, etc. But those policies don't help.
Statistics show that kids brought up with both parents have much better prospects in life.
The decision to have kids should be a deliberate commitment between the parents, not some kind of lottery where one falls pregnant then decides what to do next.
It's better not to fall pregnant at all otherwise
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But H-1Bs are for specialized workers... somehow I don't think that is a meaningful contributor to overall low birth rates, but I could be wrong.
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You seem to be saying only Native Americans should remain in America, everyone else should leave?
Ask the native americans how they feel about being "replaced"? Maybe the cycle just repeats itself - if you live long enough to see it. I heard they used to speak French in England.
Yes, because there's nothing that says a country should be xenophobic, especially when Japanese themselves are not a single coherent race but a mixture from all over.
> especially when Japanese themselves are not a single coherent race but a mixture from all over.
> The Yamato (大和民族, Yamato minzoku; lit. 'Yamato ethnicity') or Wajin (和人 / 倭人; lit. 'Wa people')[4] are an East Asian ethnic group that comprises over 98% of the population of Japan. Genetic and anthropometric studies have shown that the Yamato people predominantly descend from the Yayoi people, who migrated to Japan from the continent beginning during the 1st millennium BC, and to a lesser extent the indigenous Jōmon people who had inhabited the Japanese archipelago for millennia prior.[5]
> Generally, the Japanese are related to other East Asians like the Koreans and the Han Chinese, but can be genetically distinguished from them.[47][48] Japanese and Koreans diverged from each other about 1.4 KYA, around the Asuka period or the middle of the Three Kingdoms period.
https://en.wikipedia.org/wiki/Yamato_people
(For comparison, the Māori arrived in New Zealand about 0.7 KYA, and are considered an indigenous people.)
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Lol white people explaining to Japanese people why they have no race. I would subscribe to your channel.
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So, uh, is there any kind or venue of immigration that you regard as a legitimate national interest rather than "replacement"?
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Tariffs on workers. What could go wrong?
Just make it an auction that runs every month.
Well I guess this is great for Australia, maybe we'll have our own rival silicon valley soon.
The reason silicon valley works is because it has a giant market that can support products and services before they can go global. Same reason why China has its own tech hubs.
SV companies are mostly selling globally from day 1
Will they be targeting outsourcing next?
The title on HN conflicts with the truth and the title of the article. It is 100k per application (which gives the visa for 3 years) not 100k per year.
Not much empathy in this thread being given towards the thousands of H-1B workers whose lifes will be upended by this.
What makes this particular ill conceived policy bomb so special that it gets to stay on the front page?
I've been through this immigration system. It's capricious, arbitrary and Kafkaesque.
It is absolutely clear that there is H1B abuse and I'm looking directly at the bodyshops like Infosys and Tata. Here's how it goes:
1. Apply for as many visas as possible. This is done primarily for Indian nationals for reasons which will become clear;
2. As the employer you really don't care which ones are approved or how many because what you're going to do is farm out those employees, whether there's 1000 of them or 10,000 of them;
3. Because there is an annual quota and applications have expanded so much, the chance of success is about 1 in 3 currently in the annual lottery. And a Principal Engineer in AI at Google or Meta has the same chance of success as a junior developer at Tata. There may be other options for the first person such as EB1 or NIW or L1 but that's really beyond the scope;
4. As part of this process you have to "prove" you cannot fill a position with a US resident or citizen. There is a whole process for this to minimize the number of applicants and to reject any who happen to find your newspaper ad and apply. This also applies to the Green card Labor Certification too, to a higher degree. Part of this is to make sure the employee is getting paid enough for their job and area. This is called a prevailing wage determination ("PWD"). This process doens't really work, which I'll get into later;
5. So you, as an Indian national won the H1B lottery and your visa is approved. You come to the US and hope Tata finds you a job where they farm you out at $200-500 per hours while paying you $50 or thereabouts;
6. Now the employer starts doing things they're technically not allowed to do, like if they can't find you a job they stop paying you. You may fall below the PWD because of this;
7. A H1B is valid for 3 years, extendable by another 3 for a total of 6 years, after which you're technically meant to leave the country. But what happens is the employer will file for an employment-based green card for you. If they do this in the first 5 years you can remain while that case is pending;
8. There are annual quotas for how many green cards are issued for each employment category. Additionally no more than 7% each year can be issued to any single country, based entirely on your country of birth, not your actual citizenship. And if you're married and have children under age, they will also count against these quotas.
9. So because H1B applicants are disproportionately Indian natioanals, there is a MASSIVE bottleneck for employment based green cards. As such, there is a HUGE backlog. Currently, USCIS is processing green cards for EB3 applicants from India who have a priority date of August 2013. That means their PERM was approved on or before August 2013;
10. So this is how these bodyshops can abuse Indian nationals. Those nationals really can't leave their job. Not easily anywway. There are laws that if they change jobs they get to keep their priority date but the new employer has to file an entirely new green card applications, including doing the entire PERM process again. Oh and if the employer moves area or their jobs changes significantly, it may invalidate their PERM too.
So these bodyshops can keep essentially indentured servants for 15-20+ years and at any time can fire that person. The power imbalance is so massive. This suppresses wages for everyone.
And these people are in the same cateogry as highly paid engineers in tech companies who have substantially better conditions.
Also, at any point along the way the USCIS can simply decide to take a whole bunch of extra time for literally no reason. They have a policy to randomly audit ~30% of applications. Why? They will never tell you. Their arguemnt is to avoid people "gaming" the system by working out the audit criteria so there's a bunch of random "noise" in there. Literally.
Well that doesn't sound bad right? Extra scrutiny? Except now you've added 1-2 years to the processing for literally no reason. You may get a request for evidence ("RFE") out of it too, which might add another year too. This can go multiple rounds too. I know people who spent 5 years going through audits and RFEs. One in particular is an engineering director at Google now.
While tech companies like Google, Meta, etc are better than the bodyshops they absolutely use this system to suppress wages, again because of the power imbalance.
It doesn't have to be this way. Take Switzerland as an example. I'm rusty on the details but IIRC if you're on a B permit (work permit like an H1B, tied to an employer) for 5 or 10 years (EU citizen is 5, otherwise 10, generally), you automatically get a C permit, which is basically a green card.
All this to say is that I have mixed feelings on this $100k fee. It will absolutely cut demand for H1Bs. It will decimate new graduate H1Bs but there's an argument that US residents and citizens should get priority for entry-level positions anyway, right?
If all this comes with much less paperwork, like skipping the whole LC process, then maybe large employers will pay it because they absolutely do spend a fortune on immigration lawyers.
If anything, the entire immigration system needs an overhaul but there's no political will for that. There are no votes in it. Quite the opposite: any serious attempt can be dismissed as "they're stealing our jobs".
I also think layoffs at large companies should absolutely preclude you from sponsoring H1Bs entirely for 2+ years.
Some details on the Swiss side:
There are two variations of the B permit one can get. An unrestricted B permit isn't tied to a specific employer and provides a path toward permanent residence (C permit) within five years for EU citizens or ten years for non-EU citizens. Based on my experience, EU citizens almost always get an unrestricted permit and are treated relatively well by the immigration process: at their first application, they receive a five-year B permit, and at the first renewal five years later, they automatically get a C permit. As a EU citizen you just need to find a job, and your right to work is essentially unrestricted.
The non-EU path is quite different. A non-EU citizen only gets an unrestricted B permit if they prove they have special skills that are not currently available on the local job market. There is a yearly quota for such permits. One can also be unlucky and get an L permit, which is for temporary work only. Moreover, restricted B requires yearly renewal with a demonstration of ongoing employment at each renewal.
If you get a restricted B permit (or L), you don't have any direct path to a C permit, no matter how many years you've lived in Switzerland. You can complete your bachelor's, master's, and PhD degrees and continue working for a university as a contractor afterward, and still not be eligible for the path toward a C permit after over a decade of living in the country. To get a C permit, the last two years prior to the application must have been on an unrestricted B permit, working a full-time, unlimited-term job contract. The change to an unrestricted B permit requires you to have become a "special talent" during those prior years; otherwise, it won't be granted.
Wow. With the exploitation you describe, a $100k fee will only mildly worsen the ROI on exploiting these people.
" Summary Companies
SAN FRANCISCO/WASHINGTON, Sept 19 (Reuters) - The Trump administration said on Friday it would ask companies to pay $100,000 per year for H-1B worker visas, potentially dealing a big blow to the technology sector that relies heavily on skilled workers from India and China. Since taking office in January, Trump has kicked off a wide-ranging immigration crackdown, including moves to limit some forms of legal immigration. The step to reshape the H-1B visa program represents his administration's most high-profile effort yet to rework temporary employment visas.Read about innovative ideas and the people working on solutions to global crises with the Reuters Beacon newsletter. Sign up here. "If you're going to train somebody, you're going to train one of the recent graduates from one of the great universities across our land. Train Americans. Stop bringing in people to take our jobs," U.S. Commerce Secretary Howard Lutnick said."
Absolutely. I've seen so many H1-B's doing run of the mill IT work. In the past, some job adds said "H1-B preferred." That's on top of all the Indian outsourcing.
It looks like Trump is one again making it expensive to use a foreign asset to encourage use or development of local assets. If they're truly talented and rare, then the $100,000 will be worth paying. I could see the A.I. field doing that since they're already doing it. Many will consider hiring or training Americans.
Illegal immigrants, legal immigrants, permanent residents, citizens, they’ll come after everyone.
I wish the US would just return to "racial" quotas like pre-WW2 instead of all this huffing and heaving.
MAGA (and most Americans) don't seem to have any issue with immigration -what they have a issue with is the culture/skin-color/ethnicity of who immigrates. Indeed this is where the country quotas come from - Europe with 20 odd countries has 20x the priority than India or China.
If the US had an ounce of honestly they'd just make this explicit instead of beating around the bush. Since people have better opinion of the Chinese and other "white" East-Asians (admittedly the fairer gender only), just restrict it explicitly to "race" of Caucasians and there "Yellow" races.
It'll save Indians and other "suburbans" a lot of trouble not dealing with this farce of "liberalism" going forward. I genuinely mean this - given how things are going, Indians will find themselves in the place of Jews in Nazi Germany quite soon. And much like the useless British-colonial state that governed Israel then, the vestigial British state in India which is as internet upon Anglo-American triumph today, can't and will do jack shit for them.
How little do you know about the experience of Jews in Nazi Germany?
> And much like the useless British-colonial state that governed Israel then, the vestigial British state in India which is as internet upon Anglo-American triumph today, can't and will do jack shit for them.
Are you saying that Indian people wouldn't be allowed to immigrate to India?
Minutes of research say current Indian law allows people of Indian descent but not citizens to get Overseas Citizenship of India (OCI) — a special immigration status for foreign nationals of Indian origin.
You're eligible if you are:
1. A former Indian citizen (who gave up Indian citizenship, e.g., to get U.S. or UK citizenship), or
2. A descendant (up to great-grandparent level) of an Indian citizen, or
3. The spouse of an Indian citizen or an OCI cardholder (subject to conditions)
With OCI, you can have:
1. Unlimited stay in India
2. Right to work, own property, and open bank accounts.
India could change it's laws, keep all the non-citizens out (or even citizens, what can't we imagine in this fantasy story). India could deny OCI to most every person that applies for its green card like status. But under current laws in your unlikely story, they seem like they'll do something.
I'd expect they'd fly as many Indian people as they could out of the US like many countries do in times of war. Not that this scenario will ever come to pass.
You're projecting.
Thank you Trump for answering the forever question on the mind of a techie in Vancouver: Should I move to USA?
Is it proposed by Trump. Why is everyone here assuming it is done and final. It probably won't be approved.
approved by who? The people of the US already elected the president. He pretty much ran on reforming the visa system for the benefit of the US worker. This is a first step in the process. For those who don't understand how he works, this is the opening offer which is of course extreme. It will light a fire under Congress to actually pass some real reform. He did this with all the tariffs and trade deals. Despite what you read in the globalist media, it didn't cause havoc to the economy. He forces people to come to the table, negotiate, and get stuff done.
a decline in the income or prosperity of US citizens.
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The great and good of the tech industry spent the last year sucking up to Trump and this is how he repays them
Will they learn? I doubt it.
They saw the writing on the wall. I don't think they _like him_ but they need to manage the inevitable. When you have an autocrat, you bend the knee or get destroyed.
> you bend the knee or get destroyed
More like you bend the knee and get destroyed. The better option is to not bend the knee, but weak people will do what gets them further today without thinking about the future.
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just a way to extract further concessions, rinse and repeat
what about postdocs and researcher at universities?
Does the company still pay the 100k if the applicant loses the lottery?
If you read the article you would see their plan is to apply the fee on entry to the US, after the candidate has been selected by the lottery.
I vehemently disagree with whatever xenophobic nonsense he and Miller will vomit up to defend this move, provided he doesn't TACO out on it. Fuck bigotry, period.
However, H1Bs have been a thorny issue for a while, and this might be the rebalancing sorely needed. If Capital can freely import cheaper labor ad infinitum from abroad (or outsource it), then that deteriorates domestic stability while amplifying a form of Capitalist Imperialism abroad. Thus far, China's been the only country to really take full advantage of this long-term strategy error, and a lot of tech folks have been warning that failing to address known flaws in the visa process will ultimately leave us at a disadvantage in the long run, much like we did with manufacturing.
A high application fee is a start, but the better solution is dispensing with H1Bs entirely in favor of green card sponsorship with associated work contract. If these talented workers are that badly needed, companies would have no compunction sponsoring their permanent residency and, eventually, naturalization. Long-term data suggests none of the tech industry is really doing this, which means these "uniquely talented workers" are just replacing existing American workers at lower wages and higher precarity.
I love my international colleagues, and I want them to be treated with the same dignity and respect I receive. H1Bs do not, and cannot, accomplish this outcome.
Finally, Hooray!
Great news as Indian living outside US. More FAANG hiring in EU and India. More pay. Thanks Trump. Even plus don't have to relocate to US and can avoid this lunies.
A lot of the discussion is about foreign workers competing with native ones and dragging salaries and employment down. This is a simplistic view, because it overlooks the fact that an insufficient labor supply keeps companies from growing faster, which in turn keeps them from hiring even more people.
So there is a tension between competition and increased opportunities and wage growth through increased company growth.
But how does this work out in practice? Luckily, there have been a lot of studies about the impact of the H1B program, which you can find on Google Scholar or SSRN. An extremely quick scan shows mixed findings that are hard to summarize, which is understandable because the dynamics are complex. (Contemplating getting Gemini to do a Deep Research report on this.)
So to narrow things down, I looked for empirical studies that focus on the specific counter-factual, "how would native workers fare if there were no H1B?" Interestingly, while I actually found some, even the recent studies (from 2022-2025) rely on empirical data from 2006 - 2008. That was when the H1B moved to a lottery system, creating a natural experiment allowing for comparison between firms that won and lost the lottery. (One study does find that limited data from 2022 corroborates its findings.) Not perfect, but better than hypotheticals.
Here's a government page with a very brief overview of two relevant studies: https://www.congress.gov/crs-product/IF12966 (The page doesn't scroll, but the PDF can be downloaded.)
To summarize, the studies find that there was no negative impact on native-born workers in terms of employment, and in terms of wages, some saw increases and others saw decreases in the range of 3-5%, depending on age, tenure and level of education.
But interestingly, the 2025 study also found that winning a lottery also increased the chance by 2.5% that the firm survived. Causation and correlation etc. aside the implications for employment are clear: if a firm does not survive, all employees, native or foreign, lose their jobs. This is an example of the dynamic I mentioned above.
Beyond these studies, I follow a labor economist and it's fascinating to see how these dynamics have been playing out over the last few years in the broader economy. As a relevant example, there is a credible theory that increased immigration was what helped the US manage its inflation crisis:
https://fortune.com/2024/04/12/immigration-inflation-economy...
But this doesn't match reality. The surplus of labor has allowed big tech to be exceedingly picky during the interview process. You will now fail interviews if you're unable to solve two Leetcode Hards in 45 minutes.
If there was insufficient labor pool as you suggest, interviews would become less selective and wages would rise.
Tech interviewing has been dysfunctional for a long time, but yes it is much worse now because the tech job market is terrible. However I have previously commented (along with citations where possible) about how this job market is deliberately depressed. BigTech has achieved this through a few mechanisms, namely a) increasingly offshoring jobs while simultaneously b) freezing headcount in the US, and c) performing significant layoffs triggered by Elon's shenanigans at Twitter. And a highly under-reported aspect of all this is that these layoffs are causing much higher pressure on the remaining employees, which is leading to record levels of burnouts.
I'm letting my cynicism show here, but I think this is a power move by the capital class to show labor their place after an exceptionally strong labor market during ZIRP. This is much more recent and not related to the H1B program.
Nice!
Gonna be a fast lane visa for companies that cancel liberals or pay fealty to trump.
Lets not act like this is a good faith adjustment of concerns.
For people saying it will just lead to outsourcing, do you think they won't punish these companies severely if they do that? Come on, think...
the phrase "shutting the barn door after all the horses have run off" comes immediately to mind. It's way too late to save tech in the USA, imho. It's too late for my nephew, who couldn't get a job after graduating with a CS degree in 2022 and who is not currently working in the tech field at all. And it's too late for all the lost wages for all the guys and gals my age whose incomes were artificially held down using the foreign competition, both on and offshore.
Before you downvote and curse me out, please understand that I have trained dozens of H1Bs throughout my career and helped them be better developers while knowing full well what the overall game looked like. I did it wholly without prejudice.
Deep down, I always knew we would hit that inflection point and we did. I don't think it is fixable at this point. Thus, it makes sense for politicians to finally consider addressing the abuse. I currently counsel young people to not become software engineers/developers. Aside from the lack of jobs, there is the awful ageism that strikes right when family is the most expensive (college aged kids). I'm very fortunate in that I saved like a madman and we inherited some wealth, which we INVESTED and didn't just blow on cars, houses, and vacations the way most dipshit Americans do these days. So when the inevitable career abbreviation took place, I was at least prepared. But I'm no less bitter, and that's the truth.
Respectfully, at lot of what you say here runs contrary to my experience. US engineers are insanely well compensated, even relative to other developed countries. I'm a dual Australian/American citizen. I earned literally 3 times what I would have made in a big Australian city at my New York tech job.
I've always found it pretty easy to find a new job when I've needed one, even now there are an insane number of openings all over the US. The job market here is an order of magnitude larger then it was in Australia.
I don't doubt there is a deflationary effect on demand/wages due to h1b visas, but I don't connect at all with the catastrophic rhetoric I see in these threads. The United States still has some of the best opportunities in the world for people with tech skills
People are debating the merits here, and losing the big picture.
Congress makes laws. The executive implements them.
It could be a fantastic idea. But then make it a law. Give the president the power to do something like this.
Debating the merits without focusing on that first legitimizes this crazy psuedo law making Trump engages in and will enable him to be more arbitrary in other areas.
Pen and a phone. This is not a phenomenon unique to Trump.
Why is it “Trump” specifically ? Is there no government anymore ?
Because he's exerting autocratic control over the entire executive branch. How many times does he have to tell you he's doing so before you can recognize it? He talks about it in interviews and on his social media, and not in vague or nuanced terms, but with clear declarative statements like "I have the right to do anything I want to do. I'm the President." (this example from about 3 weeks ago - https://www.youtube.com/watch?v=TOxw6Pc_KXw)
>Because he's exerting autocratic control over the entire executive branch.
.... As the... head of the executive branch?
Yes. He’s embraced a radical expansion of the “unitary executive” theory which focuses all of the power in the president, even in positions which by law or custom were independent. Think about last year: Biden didn’t call Garland into his office and demand that he lock Trump up or drop charges against his son immediately because the DOJ was never intended to be the President’s personnel fiefdom nor the AG his attorney. The federal reserve was structured to be independent as a deliberate statement by Congress that it was run for the nation, not one man’s political expedience. Past administrations used to honor the wall keeping political appointees out of tax or loan data, now Trump has Pulte rummaging through everything looking for mistakes he can use to prosecute people on his enemies list. Over and over we see the pattern of pretending that executive orders can overrule the law, to the point that SCOTUS is making unprecedented moves to temporarily allow things because even the Roberts Court is hesitant to rule in his favor.
It’s bad enough that he’s doing it, we should at least be honest about what’s going on.
Please don't be obtuse. I'm sure an intelligent person such as yourself is aware of things like the normal federal rulemaking process, the requirements to conform with employment law, and that the job of the executive branch is to faithfully execute the laws passed by Congress even when the President finds some of them disagreeable, not to rule by fiat.
It was a White House announcement of a White House policy relying (apparently) on nothing but executive authority. The attribution is correct.
Obviously there are very serious civic questions here (like under what law the authority to levy that fee was granted! Congress controls taxation, not the president). But so far congress and the courts are uninvolved.
The attribution is colloquial, but correct. It's routine to refer to the executive branch by the president's name.
So now just outsource to those countries instead??
Ohio senator introduces 25% tax on companies that outsource jobs overseas - https://news.ycombinator.com/item?id=45146528 - September 2025 (68 comments)
OBBB signed: Reinstates immediate expensing for U.S.-based R&D - https://news.ycombinator.com/item?id=44469124 - July 2025 (370 comments) [15 year amortization required for international R&D]
This is good news for China: https://www.scmp.com/news/china/science/article/3318178/tale...
SCMP is owned by Alibaba, which is subject to the purview of the Chinese Central Government [1].
[1]: https://www.cecc.gov/agencies-responsible-for-censorship-in-...
Lol, you really think the h1bs will go to China to work 996?
No, Chinese will stay home instead of immigrating to the US.
China draws mainly on the talents of the best of its billion+ population. But America has had its pick of the best of the world's 8 billion people. If people stop immigrating to the US, then we will surely fall behind technologically, economically and militarily, and soon we will be making t-shirts for Chinese for $5 an hour.
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Tariffs on offshoring are next.
Wasn’t that already effectively put in place with the changes to the exemptions on how R&D is treated for tax purposes? (I’m not in the US so this may have evolved now, I’m not sure.)
> Tariffs on offshoring are next
Unlikely. America has a massive services export surplus.
Do you think that matters to them? They'll burn it all down if they think it scores a political point.
They could already outsource for cheaper than the cost of an H1B
This is great. I have my doubts about Trump but I have to admit, he is keeping his promises. I thought there was no way he would do something like this with the tech oligarchs swarming around him, but it seems they are firmly under his thumb. Sometimes you just need a Caesar.
Great News!
Now Trump needs to go after all the "founders" scamming the US through their O-1 visa. That shit needs to end yesterday.
What's the scam?
It was advertised on HN last year: https://news.ycombinator.com/item?id=40082864
https://extraordinaryaliens.substack.com/p/o1-visa-hacks-for...
This is the next grift target into the US.
They are inventing new scamming ways !
Love this for the VCs (Hi A16Z!) who went all in on Trump
The H-1B Visa Program and Its Impact on the U.S. Economy (Oct 2024 Fact Sheet) - https://www.americanimmigrationcouncil.org/fact-sheet/h1b-vi...
According to many economists, the presence of immigrant workers in the United States creates new job opportunities for native-born workers. This occurs in five ways. First, immigrant workers and native-born workers often have different skill sets, meaning that they fill different types of jobs. As a result, they complement each other in the labor market rather than competing for the exact same jobs. Second, immigrant workers spend and invest their wages in the U.S. economy, which increases consumer demand and creates new jobs. Third, businesses respond to the presence of immigrant workers and consumers by expanding their operations in the United States rather than searching for new opportunities overseas. Fourth, immigrants themselves frequently create new businesses, thereby expanding the U.S. labor market. Fifth, the new ideas and innovations developed by immigrants fuel economic growth.
Similarly, a recent study found that, between 2005 and 2018, an increase in the share of workers within a particular occupation who were H-1B visa holders was associated with a decrease in the unemployment rate within that occupation. Another recent study found that restrictions on H-1B visas (such as rising denial rates) motivate U.S.-based multinational corporations to decrease the number of jobs they offer in this country. Instead, the corporations increase employment at their existing foreign affiliates or open new foreign affiliates—particularly in India, China, and Canada. A study conducted in 2019 revealed that higher rates of successful H-1B applications were positively correlated with an increased number of patents filed and patent citations. Moreover, such startups were more inclined to secure venture capital funding and achieve successful IPOs or acquisitions.
The available data also indicate that H-1B workers do not earn low wages or drag down the wages of other workers. In 2021, the median wage of an H-1B worker was $108,000, compared to $45,760 for U.S. workers in general. Moreover, between 2003 and 2021, the median wage of H-1B workers grew by 52 percent. During the same period, the median wage of all U.S. workers increased by 39 percent. In FY 2019, 78 percent of all employers who hired H-1B workers offered wages to H-1B visa holders that were higher than what the Department of Labor had determined to be the “prevailing wage” for a particular kind of job.
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I promise you some of us were here before 1965 and we remember things.
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If this goes through, I will be extremely over-joyed. Kudos to Trump for doing what is right for the average American and bucking his donors.
A broken clock is still right sometimes.
Hallelujah!
Yes, this is the way to go.
Trump's plan might help with my dream of being able to be paid well in tech without going to the US. This action is another reason to divest from the one tech hub to around temperature works.
Downvote me all you want.
Pack up, anyway.
Not the worst policy from this admin tbh.
What does this mean for corporate Diwali celebrations?
Fantastic news, not so much for Mr... Na .. Na... Not ganna work here anymore. Should add a yearly fee as well.
This is good start but he needs to go further. After all, we're a nation; not an economic zone.
$100K per person, or per company? Does Tata just pay $100K once?
The answer to your question is in the first sentence of the article
"Sept 19 (Reuters) - "Reuters was not immediately able to establish details of who the fee would apply to or how it would be administered."
So, details to follow.
[1] https://www.usnews.com/news/world/articles/2025-09-19/trump-...
per application, so per person
75% or more h1b went to one country for 20+ years even though another large country had way more students here in the past, who had less than 8% h1b. h1b is totally abused illegally for too long, they should be charged.
Mafia behavior continues… (not my observation, but the Texas senator’s Ted Cruz[1]).
$100k is a big pizzo (protection fee)!
[1]: https://www.bloomberg.com/news/articles/2025-09-19/ted-cruz-...
> “That’s right outta ‘Goodfellas,’ that’s right out of a mafioso going into a bar saying, ‘Nice bar you have here, it’d be a shame if something happened to it,’” Cruz said, using the iconic New York accent associated with the Mafia.
It does go to the government and not to Trump's personal wallet (like the memecoins and lavish gift), it's just a tax that's just not being called a tax, and frankly it's a good idea. The current abuse of H1B doesn't work out positively for anyone but the companies making a boatload of money on exploiting people.
Oh? And taxes can’t be used to buy influence and votes? How naive… Money is fungible… one pocket into another
Exhibit 1: Tariff revenues to bail out American farmers: https://www.ft.com/content/0267b431-2ec9-4ca4-9d5c-5abf61f2b...
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