The Inherent Controversy with the H1B Visa Program

The Inherent Controversy with the H1B Visa Program

Employers of workers with H1B Visas are required to pay the visa holder the "prevailing wage" for the position held, no matter the incumbent.  However, critics of the program advocate that companies widely misuse the program, compensating foreign workers less than American counterparts in similar roles, thereby lowering overall wages for American workers. 

I would like to here opinions or about experiences that any one you have read about / heard about or experienced directly about the H1B. 

Bona Fide Occupational Qualification (BFOQ)

Bona Fide Occupational Qualification (BFOQ)

By federal law (42 U.S. Code § 2000e-2) allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise." For example, a bona fide occupational qualification could be made that a priest must be Catholic. Race and color, however, are never bona fide occupational qualifications. 

What the statute above does not elaborate on is that unless you are a model, actor / actress, etc., no matter good looking you may be, it is not a BFOQ for employment. In fact, many employers will automatically disqualify a candidate if a picture is on the resume.

In short, keep your picture off the resume.

+++++++++++++++++++

Salary Transparency

  Salary Transparency

State of California Employment Law (SB 1162) requires the disclosure of pay scales in job openings for all positions, internal and external, with “pay scale” defined as the salary or hourly wage the employer reasonably expects to pay for a position. The pay scale does not need to include bonuses, commissions, tips, or other benefits.

This new pay transparency requirement for businesses with 15 or more employees extends not just to job postings on a company website but to third-party platforms such as LinkedIn or Indeed as well.

There are other states across the USA that have similar statutes. If the job postings does not meet this criteria, you need to wonder why the company is hiding the "wage range".

Does this post add value to your business day? I post about job search best practices and issues related to the job market 2x per day M-F. Click "Follow" on my profile - Allan

https://www.linkedin.com/in/abrownresumewriter/ (posting job search advice 1 – 2x daily)

Salary Transparency

  Salary Transparency

State of California Employment Law (SB 1162) requires the disclosure of pay scales in job openings for all positions, internal and external, with “pay scale” defined as the salary or hourly wage the employer reasonably expects to pay for a position. The pay scale does not need to include bonuses, commissions, tips, or other benefits.

This new pay transparency requirement for businesses with 15 or more employees extends not just to job postings on a company website but to third-party platforms such as LinkedIn or Indeed as well.

There are other states across the USA that have similar statutes.  If the job postings does not meet this criteria, you need to wonder why the company is hiding the "wage range".

++++++++++++++++++++++

Bona Fide Occupational Qualification (BFOQ)

  Bona Fide Occupational Qualification (BFOQ)

By federal law (42 U.S. Code § 2000e-2) allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise." For example, a bona fide occupational qualification could be made that a priest must be Catholic. Race and color, however, are never bona fide occupational qualifications. 

What the statute above does not elaborate on is that unless you are a model, actor / actress, etc., no matter good looking you may be, it is not a BFOQ for employment. In fact, many employers will automatically disqualify a candidate if a picture is on the resume.

In short, keep your picture off the resume.

+++++++++++++++++++

Salary Transparency

 Salary Transparency

State of California Employment Law (SB 1162) requires the disclosure of pay scales in job openings for all positions, internal and external, with “pay scale” defined as the salary or hourly wage the employer reasonably expects to pay for a position. The pay scale does not need to include bonuses, commissions, tips, or other benefits.

This new pay transparency requirement for businesses with 15 or more employees extends not just to job postings on a company website but to third-party platforms such as LinkedIn or Indeed as well.

There are other states across the USA that have similar statutes.  If the job postings does not meet this criteria, you need to wonder why the company is hiding the "wage range".

Salary Transparency

 Salary Transparency

State of California Employment Law (SB 1162) requires the disclosure of pay scales in job openings for all positions, internal and external, with “pay scale” defined as the salary or hourly wage the employer reasonably expects to pay for a position. The pay scale does not need to include bonuses, commissions, tips, or other benefits.

This new pay transparency requirement for businesses with 15 or more employees extends not just to job postings on a company website but to third-party platforms such as LinkedIn or Indeed as well.

There are other states across the USA that have similar statutes.  If the job postings does not meet this criteria, you need to wonder why the company is hiding the "wage range".

++++++++++++++++++++++

SPECIAL NOTE: I am now taking on speaking engagements to groups about the following subjects:

Resume Writing

Interviewing

Ageism in the Workplace

Career Management

ATS Best Practices

Job Search Strategies

as well as accepting invitations to critique resumes, cover letters and LinkedIn profiles at trade shows, workshops, seminars and various other events. Please contact me via ajbresumes@gmail.com or 415.519.9659 for more details.

+++++++++++++++++++++++

Lawsuit - $100K H1B Visa Fee

 Lawsuit - $100K H1B Visa Fee

The U.S. Chamber of Commerce sued the Trump administration Thursday over hefty new fees in the H-1B visa program, joining the legal campaign against the administration’s changes to a program used by some of the biggest tech companies in the U.S.

The lawsuit puts the chamber among the few business groups to challenge the Trump administration in court over policies they say will hurt employers. An earlier lawsuit over the $100,000 fee for new visa applications was filed in federal court in California by a healthcare-staffing business and labor unions.

The chamber’s lawsuit is seeking to block the new H-1B program restrictions, which were rolled out in a presidential proclamation that the chamber says “is not only misguided policy; it is plainly unlawful.”

“The President has significant authority over the entry of noncitizens into the United States, but that authority is bounded by statute and cannot directly contradict laws passed by Congress,” it said in a complaint filed in federal court in Washington, D.C.

Source: WSJ.com

The Inherent Controversy with the H1B Visa Program

 The Inherent Controversy with the H1B Visa Program

Employers of workers with H1B Visas are required to pay the visa holder the "prevailing wage" for the position held, no matter the incumbent.  However, critics of the program advocate that companies widely misuse the program, compensating foreign workers less than American counterparts in similar roles, thereby lowering overall wages for American workers. 

I would like to here opinions or about experiences that any one you have read about / heard about or experienced directly about the H1B. 

H1B - $100K Application Fee

 H1B - $100K Application Fee

The Trump administration recently implemented a $100K application fee for certain (most tech-related) H-1B visa applications, intending to discourage companies from using the program as a cost-cutting tool and encouraging them to hire American workers instead.

In short - he is telling tech leaders to use the program for only highly-paid, top tier talent and not for mid-level professionals and not to abuse the original intentions of the H1B program.

If the changes to the program had been properly communicated last Friday after, the havoc that has ensured would never have occurred. The ideas that are coming out make sense but the execution / communication, well, not so much.

More H1B Visa Information

 More H1B Visa Information

What is the Lottery System:

Prior to Friday's proposed changes, the annual cap of 85,000 visas is significantly lower than the number of applicants, resulting in a lottery system for selection. Many advocate for replacing this random process with a merit-based system that prioritizes the highest-paid positions or more qualified candidates. 

More H1B Visa Information

 Wall Street Journal published that 71% of H1B visa approvals in fiscal 2024 went to workers from India, and another 12% to those from China. Most of these visas are concentrated in high-skill, high-wage tech roles, with a median salary of about $120,000—nearly double the U.S. median.

H1B Visa - Remaking of a Program

 The Trump Administration proposed on Tuesday to give high earners a better chance at receiving H-1B visas, marking its latest attempt to remake a program that brings skilled foreign workers stateside. Coming on the heels of a $100,000 fee that has scrambled the tech industry, this new proposal retains a lottery, but sorts workers into four salary tiers and gives extra weight to applicants at the top. The White House believes the changes will protect American workers, but critics contend they'll just send jobs overseas.

LinkedIn News

H1B Visa Changes -

 H1B Visa Changes -

One ramification of the changes initiated in the revised H1B requirements from Sept 19 is now that tech companies will be forced to ramp up recruited of junior - level engineers. Instead of steering efforts to lower-salaried workers from outside the USA, companies will have to build stronger pipelines / channels of recruitment with:

1. Professional Organizations

2. Industry / Trade Groups

3. College Career Centers

4. Forge new partnerships in the private sector

all with the necessity of identifying qualified US-based talent.

For those Working in a Union Environment - Interest Arbitration v Grievance Arbitration

For Those Working in a Union Environment - Interest Arbitration v Grievance Arbitration

Interest arbitration and grievance arbitration are two distinct types of arbitration used in labor relations, with different focuses and purposes. 

Interest arbitration resolves disputes over the terms of a new contract.  

Grievance arbitration addresses disagreements about the interpretation or application of an existing contract. 

Salary Transparency

Salary Transparency

State of California Employment Law (SB 1162) requires the disclosure of pay scales in job openings for all positions, internal and external, with “pay scale” defined as the salary or hourly wage the employer reasonably expects to pay for a position. The pay scale does not need to include bonuses, commissions, tips, or other benefits.

This new pay transparency requirement for businesses with 15 or more employees extends not just to job postings on a company website but to third-party platforms such as LinkedIn or Indeed as well.

There are other states across the USA that have similar statutes.  If the job postings does not meet this criteria, you need to wonder why the company is hiding the "wage range".

++++++++++++++++++++++

SPECIAL NOTE: I am now taking on speaking engagements to groups about the following subjects:

Resume Writing

Interviewing

Ageism in the Workplace

Career Management

ATS Best Practices

Job Search Strategies

as well as accepting invitations to critique resumes, cover letters and LinkedIn profiles at trade shows, workshops, seminars and various other events. Please contact me via ajbresumes@gmail.com or 415.519.9659 for more details.

+++++++++++++++++++++++

Bona Fide Occupational Qualification (BFOQ) (Repost)

 

 Bona Fide Occupational Qualification (BFOQ)

By federal law (42 U.S. Code § 2000e-2) allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise." For example, a bona fide occupational qualification could be made that a priest must be Catholic. Race and color, however, are never bona fide occupational qualifications. 

What the statute above does not elaborate on is that unless you are a model, actor / actress, etc., no matter good looking you may be, it is not a BFOQ for employment. In fact, many employers will automatically disqualify a candidate if a picture is on the resume.

In short, keep your picture off the resume.

+++++++++++++++++++

Looking for a new career position or guidance about best practices for job search, including how to handle ATS? If you have a moment, please review and follow my updated Instagram account: 

www.instagram.com/allanbrownresume/

Salary Transparency

  Salary Transparency

State of California Employment Law (SB 1162) requires the disclosure of pay scales in job openings for all positions, internal and external, with “pay scale” defined as the salary or hourly wage the employer reasonably expects to pay for a position. The pay scale does not need to include bonuses, commissions, tips, or other benefits.

This new pay transparency requirement for businesses with 15 or more employees extends not just to job postings on a company website but to third-party platforms such as LinkedIn or Indeed as well.

There are other states across the USA that have similar statutes.  If the job postings does not meet this criteria, you need to wonder why the company is hiding the "wage range".

++++++++++++++++++++++

SPECIAL NOTE: I am now taking on speaking engagements to groups about the following subjects:

Resume Writing

Interviewing

Ageism in the Workplace

Career Management

ATS Best Practices

Job Search Strategies

as well as accepting invitations to critique resumes, cover letters and LinkedIn profiles at trade shows, workshops, seminars and various other events. Please contact me via ajbresumes@gmail.com or 415.519.9659 for more details.

+++++++++++++++++++++++

#salarytransparency #employmentlaw #allanbrown #followme #wagetransparency

Bona Fide Occupational Qualification (BFOQ)

 Bona Fide Occupational Qualification (BFOQ)

By federal law (42 U.S. Code § 2000e-2) allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise." For example, a bona fide occupational qualification could be made that a priest must be Catholic. Race and color, however, are never bona fide occupational qualifications. 

What the statute above does not elaborate on is that unless you are a model, actor / actress, etc., no matter good looking you may be, it is not a BFOQ for employment. In fact, many employers will automatically disqualify a candidate if a picture is on the resume.

In short, keep your picture off the resume.

+++++++++++++++++++

Looking for a new career position or guidance about best practices for job search, including how to handle ATS? If you have a moment, please review and follow my updated Instagram account: 

www.instagram.com/allanbrownresume/

Bona Fide Occupational Qualification (BFOQ)

 Bona Fide Occupational Qualification (BFOQ)

By federal law (42 U.S. Code § 2000e-2) allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise." For example, a bona fide occupational qualification could be made that a priest must be Catholic. Race and color, however, are never bona fide occupational qualifications. 

What the statute above does not elaborate on is that unless you are a model, actor / actress, etc., no matter good looking you may be, it is not a BFOQ for employment. In fact, many employers will automatically disqualify a candidate if a picture is on the resume.

In short, keep your picture off the resume.

+++++++++++++++++++

Looking for a new career position or guidance about best practices for job search, including how to handle ATS? If you have a moment, please review and follow my updated Instagram account: 

www.instagram.com/allanbrownresume/