Cisco's H-1B visa crisis just got help from the Department of Homeland Security without the approval of Congress, as well as a total disregard for the concerns of America's voting citizens.
To make the rule effective immediately DHS cited this clause:
Administrative Procedure Act
To avoid a loss of skilled students through the next round of H-1B filings in April 2008, DHS is implementing this initiative as an interim final rule without first providing notice and the opportunity for public comment under the good cause exception found under the Administrative Procedure Act (APA) at 5 U.S.C. 553(b).
The APA provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for good cause, finds that those procedures are impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(B).
The exception excuses notice and comment, however, in emergency situations, or where the delay created by the notice and comment requirements would result in serious damage to important interests.
For more reasons why Congressional approval or American citizen input was not considered:
View Page 23 of the DHS Ruling
 "This rule will enable businesses to attract and retain highly skilled foreign workers, giving U.S. companies a competitive advantage in the world economy," said Homeland Security Secretary Michael Chertoff.
"By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens." |
17-Month Extension of Optional Practical Training for F-l Students who have Obtained a STEM Degree
This interim rule will allow F-1 students who have received a degree in a STEM field to obtain an extension of their existing post-completion OPT period for up to 17 months, for a maximum period of post-completion OPT of 29 months.
The extension, however, is only available to students who are employed, or will be employed, by an employer enrolled (and determined by USCIS to be in good standing) in USCIS' E-Verify employment verification program at the time the student applies for the 17-month extension (Pages 14 and 15).
Expansion of Cap-Gap Relief for All F-1 Students with Pending H-1B Petitions
Currently, F-1 students who are the beneficiaries of approved H-1B petitions, but whose period of admission (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expires before the H-1B employment start date, have a gap in authorized stay and employment between the end of their F-1 status and the beginning of their H-1B employment.
This situation is commonly referred to as the cap-gap.
This interim rule expands the relief offered by the existing cap gap provision by first eliminating the limitation that cap gap relief be authorized only when the H-1B cap is likely to be reached prior to the end of the current fiscal year.
This interim rule also removes the requirement that USCIS issue a notice in the Federal Register to announce the extension of status and instead allows an automatic extension of status and employment authorization for F-1 students with pending H-1B petitions.
Unlike the extension of post-completion OPT, which is limited to F-1 students who have obtained STEM degrees, the extension of status for F-1 students in a cap-gap applies to all F-1 students with pending H-1B petitions during a fiscal year (Pages 20 and 21).
How do YOU feel about the way in which this new rule which helps Cisco, came about?
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H1-B
The US Gov and Companies like Cisco need to take a long term view on shortage of IT talent and rather than handing out more foreign visas, invest in education and post education initiatives so students have a future in IT to look forward to. The short term
stopgap mindset is self perpetuati g the issue.
Cisco and US
Heck,why dont DHS contact China,that way we really don't have any Americans working.Or better yet,India.I guess they haven't figured out that is whats wrong with this country.You would think DHS would do something to help us poor Americans.Gee,i guess i pay taxes for people from other countries to come to america to learn,so they can take that knowledge back to their country.YOOOHOOOO,US GOVERMENT,WAKE UP !!!!!!!! How are things suppose to get better if everything is outsourced or train here and go back to their country.Ill remind everyone,we should be in self-preservation mode(you know,americans educating americans,americans hiring americans).Just so you all know,im not against other countries,JUST KNOW WHAT WE AS AMERICANS NEED TO DO !!!!!!!!!!!
I came to the USA fo school
I came to the USA fo school 5 years ago. I came for knowledge not for money. During college all my American friends ( with a few exceptions) partied like crazy, skipped classes, and picked the easiest majors possible, while spending financial aid money they were given from the state on vacaions and entertainment. When time came to graduate I got a good job, and most of them are still looking. I was happy to be evaluated fairly by some firms, while others shut the door in my face without even looking at my resume.It was really hard, but the easiest thing for me was to return home, and stop persuing whatever I had started. I spend around $70,000 of my dad's money to pay for my tuition (international students don't go to school for free here, they pay very high fees), was a good citizen, and made many many friends. Now, my H1B is pending, and I don't know if I am going to get it ( my life is random selection now), and if I don't, I have to leave the country, sell my apartment and my car, don't see my freinds forever, and loose my job. Tell me is this fair after all the struggles and time spend away from my family ??? just because i want to learn???? I believe America is the land of opportunities, and this is true mostly for those who are born here. Everyone who wants, can. So please stop saying that I am stealing jobs. Everyone who wanted to have mine could have, some people were just too busy partying and studying psichology(per US polls)
"Tell me is this fair after
"Tell me is this fair after all the struggles and time spend away from my family ??? just because i want to learn????"
Feel so sorry for you. You were born entitled to come to the USA for school, now of course you are entitled to work and settle here. In fact, I think you should be paid by the US Govt just for your life's learning efforts and awarded the National medal of honor.
Did you ever check your F1 visa? It was temporary for school degree only. The fact that you spend $70k of your dad's money is foolish and your decision. Write it off and go home with your learning. Maybe you can help your own country...
And I think the US govt
And I think the US govt should reimburse you for your $70k and the family time lost. After all, you were the only one learning while others were goofing off. And every tech company should offer you a job because you are now so learned. Life should be this way..
No my friend. The US
No my friend. The US government does not need to do anything. Globalization will take care of all this. It will make sure that lazy party animals suffer and hard working smart human beings prosper.
Yes, the US Govt can do
Yes, the US Govt can do something. Protect the rights of the citizens who elected them and keep you all out - like your countries do themselves.
"Globalization ...will make
"Globalization ...will make sure that lazy party animals suffer and hard working smart human beings prosper."
Living proof: George W. Bush :-)
Its right that you look for
Its right that you look for a job in US, as you spent lot of money, But US, should evaluate fair when they run the lottery process. As you people are getting more chances than others. It unfair to people who apply in general.
People who apply in general doesn't mean they are comfortable, they stay in same company for long time after which, there employer initiates an H1B visa for the conerned person. We go through lot of hardships to apply. Understand that.
I think you are forgetting
I think you are forgetting that if it wasn't for outsourcing to foreign countries many of the items you normally take for granted here in the U.S. would not be affordable for most of us or would have a hard time obtaining them. If outsourcing and contact with the rest of the world were to be halted, America would be in a deeper hole financially.
To your point of Americans educating Americans, I believe if you take a self centered and close your society, America will not be competitive, signs are already been shown across the world, where some countries have a higher rate of technologic advancement than the U.S. It is a fact that Americans do not want to work hard in school and prefer to go for the easy money. It is also known fact that among students in Science and Engineering most of them are international/foreign because they are the only ones that seem to realize long hours studying and understanding the subjet matter will eventually pay off. Who says that Americans, are the only ones that work hard?
What I would say to my fellow international citizen, to think twice before coming to the U.S. the reality is that life can be really hard, just think that if even Americans are having trouble having a good life here, imagine how would it be for a foreign national.