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USCIS Policies Harming Labor Mobility Of H-1B Professionals

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https://www.forbes.com/sites/stuartanderson/2018/12/17/uscis-policies-harming-labor-mobility-of-h-1b-professionals/amp/

 

Restrictive administrative decisions by the Trump administration are making it more difficult for H-1B visa holders to change jobs. This is an unintended consequence of administration policies. The irony is that since critics of H-1B visas argue less labor mobility can lead to foreign nationals being exploited by bad employers and thereby undermine U.S. workers, it means Trump immigration restrictions have hurt U.S. workers, not helped them.

Edited by refugee

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11 minutes ago, refugee said:

https://www.forbes.com/sites/stuartanderson/2018/12/17/uscis-policies-harming-labor-mobility-of-h-1b-professionals/amp/

 

Restrictive administrative decisions by the Trump administration are making it more difficult for H-1B visa holders to change jobs. This is an unintended consequence of administration policies. The irony is that since critics of H-1B visas argue less labor mobility can lead to foreign nationals being exploited by bad employers and thereby undermine U.S. workers, it means Trump immigration restrictions have hurt U.S. workers, not helped them.

So how does policies harm USC workers????? They don't in fact harm US workers but actively help US workers by ensuring that the companies hire USCs over H1B workers 

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To point out the 2 actual policy changes referenced in the document, with less portability being a claimed side effect:

  1. Increase in denial of I-129 petitions is scaring people from trying.
  2. Longer processing times (which is the case among everything at USCIS right now).
    1. Although I'm unsure why longer processing timelines would discourage people...since they are permitted to change employers while the petition is pending. If anything, I would think more people would try to transfer as this could potentially be exploited to work for companies where there was no realistic chance of approval in the first place...since it gives them basically the better part of a year of working there anyway.

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, Cyberfx1024 said:

So how does policies harm USC workers????? They don't in fact harm US workers but actively help US workers by ensuring that the companies hire USCs over H1B workers 

I believe the author would articulate it this way: 

Because the possibility of H-1b abuse or underpayment will increase because they are less free to move to another job, all workers are penalized with depressed wages and conditions. The intention was that USC would be hired over h-1b, the reality is that the labor market is less competitive for the employer.

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14 hours ago, geowrian said:

Although I'm unsure why longer processing timelines would discourage people...since they are permitted to change employers while the petition is pending. If anything, I would think more people would try to transfer as this could potentially be exploited to work for companies where there was no realistic chance of approval in the first place...since it gives them basically the better part of a year of working there anyway.

For people who just want to remain in the U.S. as long as possible and extract as much money as possible, for those people it might indeed be an advantage.  For people who approach their career in a more deliberate and forward-looking way, long periods of uncertainty are discouraging, as they are for employers.  So, I guess the mercenary types might benefit while the high-grade professionals will be put off. 

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