Fortune | FORTUNE 09月23日
H-1B签证新规引发担忧和不确定性
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美国政府近期宣布对H-1B签证实施一项新的高额费用,引发了企业和移民的广泛担忧。尽管白宫试图安抚,但新政策的实施细节仍不明朗,包括费用支付流程以及是否适用于特定机构。H-1B签证旨在引进美国稀缺的技术人才,但批评者认为其可能压低美国本土工人的工资。新政策被指责可能影响美国劳动力供应、推高工资,并可能导致企业和初创公司将业务转移至海外,对美国科技创新和全球竞争力造成潜在冲击。该政策的快速出台也让许多依赖该签证的外国工作者感到不安,并可能促使人才流向其他国家。

💰 新增高额费用与实施细节不明:白宫宣布对H-1B签证实施一项新的$100,000美元费用,但其具体支付流程、是否为一次性或年度收费,以及是否适用于大学和非营利研究机构等关键细节尚不明确,给企业和员工带来了巨大的不确定性。

⚖️ H-1B签证的定位与争议:H-1B签证旨在引入美国难以找到的技术人才,但批评者认为该计划可能导致企业降低美国本土技术工人的工资,并通过引入低成本外国劳动力来削减成本。然而,支持者认为这些签证持有者是高技能人才,对企业生产力和创新至关重要。

📉 对企业和人才流动的影响:这项高额费用可能对依赖H-1B签证的中小型企业、初创公司以及医疗保健、零售等行业造成严重打击,因为它们可能难以负担。此外,这可能导致高技能人才流失到其他国家,例如法国、荷兰、德国和加拿大,从而削弱美国的科技竞争力和创新优势。

⏳ 政策的快速且颠覆性:新政策在宣布后不到24小时内生效,其快速且颠覆性的特点让许多外国工作者感到震惊和担忧,他们开始重新考虑在美国的长期发展计划,并担心工作稳定性。

🌍 国际人才竞争格局变化:这一政策调整可能使得美国在吸引全球顶尖人才方面处于劣势,其他国家可能会抓住机会,通过更具吸引力的移民政策来吸引这些人才,从而改变全球人才竞争的格局。

Since announcing the decision Friday, the White House has tried to reassure jittery companies that the fee does not apply to existing visa holders and that their H-1B employees traveling abroad will not be stranded, unable to re-enter the United States without coming up with $100,000. The new policy took effect at 12:01 a.m. Eastern Sunday.

Despite the effort at reassurance, “there’s still some folks out there recommending to their H-1B employees that they not travel right now until it’s a little clearer,” Leon Rodriguez, a partner at the Seyfarth law firm who was director of U.S. Citizenship and Immigration Services in the Obama administration.

Other questions remain, some of them basic. “What actually is the process for paying this $100,000,” Rodriguez said. “Usually, when an agency is going to charge a fee, there’s a whole process. There’s the creation of forms for collecting that fee. … At this point, we don’t actually know what that process will be like.”

“Key questions remain, such as whether the new fee will apply to universities and nonprofit research organizations, employers that Congress has exempted from the annual limit on H-1B visas,” said Bo Cooper, partner at the immigration law firm Fragomen, Del Rey, Bernsen & Loewy.

Here’s a look at what the H-1B visa program is and what the Trump administration is doing to it.

What are H-1B visas and who uses them?

Created by the 1990 Immigration Act, they are type of nonimmigrant visa, meant to allow American companies to bring in people with technical skills that are hard to find in the United States. The visas are not intended for people who want to stay permanently. Some eventually do, but only after transitioning to different immigration statuses.

An H-1B allows employers to hire foreign workers who have specialized skills and a bachelor’s degree or the equivalent. They are good for three years and can be extended another three years, suggesting that there are now “around 700,000 H-1B visa holders in the country and another half a million or so dependents,” economist Stephen Brown of Capital Economics wrote in a commentary Monday.

At least 60% of the H-1B visas approved since 2012 have been for computer-related jobs, according to the Pew Research Center. But hospitals, banks, universities and a wide range of other employers can and do apply for H-1B visas.

The number of new visas issued annually is capped at 65,000, plus an additional 20,000 for people with a master’s degree or higher. Those visas are handed out by a lottery. Some employers, such as universities and nonprofits, are exempt from the limits.

According to Pew, nearly three-quarters of those whose applications were approved in 2023 came from India.

What did Trump do?

The White House announced the $100,000 fee. The application fee is currently $215, plus other relatively nominal processing charges. It took effect barely 24 hours later.

Commerce Secretary Howard Lutnick said the fee would be applied annually, for a total of $600,000 over the maximum number of renewals allowed. The White House clarified Saturday that it was a one-time fee and said it would not apply to current visa holders.

Trump also rolled out a $1 million “gold card” visa for wealthy individuals.

The moves are certain to draw lawsuits charging that the president was improperly sidestepping Congress with a dramatic overhaul of the legal immigration system.

Why target H-1B visas?

Critics say they undercut American workers, luring people from overseas who are often willing to work for less than American tech workers do. Staffing companies such as Tata Consultancy Services often supply Indian workers to corporate clients.

“To take advantage of artificially low labor costs incentivized by the program, companies close their IT divisions, fire their American staff, and outsource IT jobs to lower-paid foreign workers,” the White House said in its proclamation Friday.

In a 2020 report, the left-leaning Economic Policy Institute found that 60% of the H-1B positions certified by U.S. Labor Department are assigned wages below the median for the job.

Brown at Capital Economics wrote that “it is hard to disagree with the administration’s argument that the program needs reform.”

Giovanni Peri, director of the Global Migration Center at the University of California, Davis, said that abuses of the program — such as bringing in mid-level coders to replace higher-paid Americans — do occur but are relatively rare.

Most H-1B visa holders, he said, really are highly skilled workers who are hard to find. “Most of these people come in, and they have helped the productivity of firms; they have helped innovation,” Peri said. “They have complemented the work of Americans, and they have allowed growth.’’

What impact will the H-1B crackdown have?

Brown said that many tech firms can probably afford to pay $100,000 to bring in skilled workers.

“Nonetheless,″ he wrote, “the upfront fee will clearly be too high for many companies to stomach. Last year, the healthcare, retail and accommodation & food services sectors accounted for a quarter of H-1B visas between them, and firms in those sectors will probably find it harder to afford the fee.″

The higher fee — along with other Trump administration attempts to curb immigration — is likely to reduce the U.S. labor supply and push wages higher, Brown said.

Foreign workers like Alan Wu are worried – and stunned by the speed with which Trump disrupted the H-1B process. “Can you release some policy which impacts tons of people just like that?” said Wu, who is working in Indianapolis as a data scientist for a pharmaceutical company.

He is working legally on his student visa after earning a doctorate. He’s failed to win the H-1B lottery for two consecutive years. And he’s now rethinking his plan to live permanently in the United States, where he’s lived for more than a decade. “I am definitely concerned about my job now that the cost and risk of hiring a foreigner is so high,” he said.

Navneet Singh, who runs a consultancy “Go Global Immigration” in India’s Punjab state, said changes to H-1B visa policies are likely to significantly impact future migration to the U.S., particularly from India.

“Trump is trying to suffocate new immigrants who are skilled, so that they won’t take the jobs away from the average American. But by doing so, they will be making (U.S.) production expensive,” Singh said.

He said the new policy is likely to create advantages for competitors in other countries. “Countries like France, Netherlands, Germany and Canada are set to gain from this move,” he added.

Some Indian students aspiring to pursue higher studies in the U.S. are disappointed. “It feels like a door closing,” said one aspiring student who requested anonymity.

What businesses will be hurt the most?

Greg Morrisett, dean and vice provost at Cornell Tech, said startups and small businesses are likely to be the most affected by the fees since there’s “no way they can” pay them. Cornell Tech, for instance, has launched about 120 startups and the “vast majority” have students coming from overseas. The result? “They’ll pick up and move to Europe or Asia, wherever they can find,” he said.

“The big tech companies will likely move a lot of operations and things into other countries. We saw this when, for example, you know, Ireland made it really attractive from a tax perspective. All of a sudden all the headquarters move to Ireland,” Morrisett said.

And startups, he added, “the next Amazon, the next Google will give up here and go somewhere else and then we won’t have that advantage in the next generation of tech leadership.”

____

Barbara Ortutay reported from Oakland, California, and Piyush Nagpal from New Delhi, India.

AP Writer Fu Ting contributed from Washington.

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H-1B签证 美国移民政策 高科技人才 劳动力市场 国际人才竞争 Trump administration US immigration policy high-skilled workers labor market global talent competition
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