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Will the H1B Bill help or hurt US interests?

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Will the H1B Bill help or hurt US interests?

[vc_row][vc_column][vc_column_text]With it, the new administration there intends to hire Americans, but in the end, the visa may prove to be the only way out if its own industries are to survive and thrive

By Sujit Bhar

In a somewhat desperate attempt to stop top international technical talent – especially those from India – from ruling Silicon Valley and supposedly depriving local American talent through the cost factor, a bill was introduced in the US House of Representatives which raises the minimum salary of H1B visa holders to $ 130,000. This is more than double the earlier level of $ 60,000.

The bill was introduced by California Congressman Zoe Lofgren. It is called the “High-Skilled Integrity and Fairness Act of 2017”. The raise was based on a survey and the bill suggests that H1B visas be given only to those companies that are willing to pay 200 per cent of the survey average as minimum pay.

The justification is perhaps the median national annual wage for Computer and Mathematical Occupations published by the Department of Labour Occupational Employment Statistics. That median is approximately $ 132,000. So this bill suggests a 35 percentile increase. The master’s degree exemption (for H1B visa applicants) has also been withdrawn, but that was expected.

Interestingly, there has been a 20 percent exemption, annually, on this H1B restriction, for small and start-up employers (50 or fewer employers). Technically, this is so that these small companies can hire cheaper labour to compete with the giants, creating some sort of level playing field. The bill says that this will, somehow, protect against outsourcing.

This presents an Achilles’ heel, which we will come to in a while, but we look at the situation this has created in India first. Indian tech stocks plummeted at the Bombay Stock Exchange and at the tech-heavy NSE.[/vc_column_text][vc_column_text]Will the H1B Bill help or hurt US interests?The following are stock market indications:

  • The BSE Sensex was pulled down by 0.92 percent with IT stocks within it living in the red following the new H1B bill news. The overall fall may have been greater if not for some FMCG stocks that somewhat saved the day for the index.
  • However, the BSE IT Index, which is a marker for the IT stocks, dipped 4 percent overall, though many individual IT giants took a bigger hit.
  • TCS, the country’s largest software company plummeted 5.6 per cent; Tech Mahindra dived 9.7 per cent; HCL Tech went down 6.3 per cent; Infosys was down 4.6 per cent; Wipro was at -4.23 per cent range.

Even American IT stocks across the board were down on an average of 1 percent.

The justification

Before looking further into the cause and effect of the bill, one needs to listen to the justification made by Congressman Lofgren. He has been quoted in the media as saying: “My legislation refocuses the H-1B programme to its original intent – to seek out and find the best and brightest from around the world, and to supplement the US workforce with talented, highly-paid, and highly-skilled workers who help create jobs here in America, not replace them.”

Fair enough, but while the lion’s share of Indian tech giants’ revenues comes from the US and while around 60 percent (more or less) of their employees hold H1B visas, US tech giants would also be hit in the long run. Not for nothing is Satya Nadella the CEO of Microsoft and Sundar Pichai heads Google. They deserved their positions and so do other highly talented Indian techies in the US on H1B visas.

The other problem

And now we come to the crux of the problem. The H1B visa isn’t all for IT experts and fresh techies wanting to join Microsoft or Google or Intel or any such company. H1B is also for bright students joining the pharmaceutical industry as researchers, mathematicians, and several other areas.

There are ten broad areas of occupation that can draw H1B visa applicants, and only one among them is “Computer Science & IT, and Telecom Occupations”. The others are:

  • Occupations In Architecture, Engineering, And Surveying
  • Occupations In Mathematics And Physical Sciences
  • Occupations In Life Sciences
  • Occupations In Medicine And Health
  • Occupations In Education & Research
  • Occupations in Writing and Languages
  • Occupations in Finance and Administrative Specializations
  • Occupations in Business Management & Administration
  • OTHER Specialty Occupations.

One would want to ask the Congressman how he intends a “small” player in, say, the pharmaceutical industry to use some of the exempt H1b visas to research and develop a new drug that will then need extensive testing, needing huge  funding. How does a small company manage to raise that level of funding?

If the purpose of the legislation was to throttle cheap foreign talent in the IT industry, this could well have a sad ripple effect elsewhere.

The Cost & Talent factors

Problem No. 2 rises from the very two reasons outsourcing and H1B visas came into existence for the US IT industry: Cost and talent.

All of Silicon Valley started small, very small. And the principal reasons for their meteoric rise were just two: A brilliant idea that could change the way of life and a business model that could create massive footprint, leading to incredible return on investment.

The promoters and the venture capitalists and/or banks gathered around them talent that was available in the country and set about realising their dreams. Along the way, there was need for more talent where brainstorming sessions could yield more than what was bargained for. That was where it was realised that the US does not create the requisite numbers in brilliant students/professionals that was essential to man these units and sessions. (See box and US census bureau graph)

Importing talent was the only way out, just as American talent sets up oil producing rigs—on land and offshore—in the Midwest. It would be interesting to note how the US would react if the Arab countries had designed a similar visa format and restricted US skill entry.

It happens all across the world. The Indian companies are taking on the losses today, but they are nimble, and they do have the talent pool. They have already started hiring Americans in the many Indian projects and companies in the US and while the new legislation will hurt their bottomlines, the cost will ultimately be passed on to the consumer. One guesses the US consumer would be the biggest loser in this.[/vc_column_text][vc_column_text]

This could be a reverse IP challenge for Americans. In the pharmaceutical sector, for instance, while the per unit gain may be small in sales [for the US], the massive market that exists outside the US can assure similar returns for the drug, whose IP will be India (or China)-owned

[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1485871830501{margin-bottom: 20px !important;background-color: #e0e0e0 !important;}”][vc_column][vc_custom_heading text=”The Disparities”][vc_column_text]Graph with Box

A US Census Bureau report (Link: http://www.census.gov/content/dam/Census/library/publications/2016/demo/p20-578.pdf ) highlights the following disparities under the heading “Educational Attainment in the United States: 2015”:[/vc_column_text][vc_column_text css=”.vc_custom_1485871919994{margin-top: 5px !important;margin-right: 5px !important;margin-bottom: 5px !important;margin-left: 5px !important;border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;background-color: #e0e0e0 !important;}”]HIGHLIGHTS

  • In 2015, almost 9 out of 10 adults (88 percent) had at least a high school diploma or GED, while nearly 1 in 3 adults (33 percent) held a bachelor’s or higher degree.
  • The percentage of women who had a bachelor’s degree or higher (33 percent) was not statistically different than the percentage of men (32 percent) with this level of education.
  • Educational attainment varied by race and Hispanic origin. More than half of Asians aged 25 and older had a bachelor’s degree or higher in 2015. Asians were more likely than non-Hispanic Whites to have at least a bachelor’s degree.
  • Asians and non-Hispanic Whites were more likely to hold a bachelor’s degree or higher compared with Blacks and Hispanics.
  • Native adults were more likely to have a high school education or higher but were no more likely than foreign-born adults to hold an advanced degree.
  • Adults without a disability were more likely to hold a bachelor’s degree or more than adults with a disability.

DEMOGRAPHIC PORTRAIT OF EDUCATIONAL ATTAINMENT

In 2015, the majority (88 percent) of adults were at least high school graduates and more than half (59 percent) had completed some college or more. One out of three adults (33 percent) reported they had a bachelor’s degree or more education, and 12 percent reported an advanced degree, such as a master’s, professional, or doctorate degree. Educational attainment varied by age, sex, race and Hispanic origin, nativity, and disability status.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]There will be options

As for software for Indian and Chinese consumers, options can be easily developed for every existing common software needed for the regular market. For all specialised applications developed, such as logistics for railway or airline systems, they are already being developed by Indian firms in the US, with offshore research. The price escalations in these will be borne by the consumer, mostly western.

Then there is the India-China domestic market factor. Agreed, that the US market is by far the largest today, for IT. However, with the India-China economic growth, there will be need for companies—even western ones that would set up facilities abroad—based in these countries to develop proprietary software that will then earn IPs under that country’s law, namely, say, India.

How will that benefit consumers in the US? This could be a reverse IP challenge for Americans. In the pharmaceutical sector, research and detailed tests may be shifted to these countries and with lax drug testing laws, these drugs will come on to the international market beyond the legislation and watch of the FDA. While the per unit gain may be small in sales, the massive market that exists outside the US can assure similar returns for the drug, whose IP will be India (or China)-owned.

H1B protects not just talented individuals to the US from, say, India. It also protects the Americans from a world of invention that they would have priced themselves out of.

While hiring Americans, as per President Donald Trump’s exhortations, is a good thing in itself, Trump has to understand that to fill top technical posts with Americans, the country first has to have those talented people.

As per latest reports, the US does not. H1B is the way out, one way or the other.[/vc_column_text][/vc_column][/vc_row]

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Tax terrorism has to stop, says Congress after Income Tax Department issues fresh Rs 1,700 crore notice

The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

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Ahead of the Lok Sabha election, the Congress’ financial woes worsened once again with the Income Tax Department issuing a fresh Rs 1,700 crore notice. The tax department issued the notice due to discrepancies in tax returns. 

The fresh notice is for assessment years 2017-18 to 2020-21 and includes penalty and interest. This comes a day after the Delhi High Court dismissed the party’s petition challenging the tax notices. 

The opposition party is already facing a funds crunch after Income Tax authorities imposed a penalty of Rs 200 crore and froze its funds. Furthermore, the party has not received any relief from the High Court in the case and is likely to approach the Supreme Court. The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

Addressing a press conference, Congress MP Jairam Ramesh said that the notices are being sent to cripple the party financially. Calling the action as tax terrorism, Jairam Ramesh said that this attack on Congress has to stop.

Earlier in February, the Income Tax department had found fault in the party’s tax returns and demanded Rs 200 crore. Subsequently, the Income Tax Appellate Tribunal (ITAT) had asked the party to pay the dues and froze their accounts. The Congress stated the tax tribunal’s order freezing its funds was an attack on democracy as the order came just ahead of the Lok Sabha elections.

AICC general secretary K C Venugopal stated that this is a deliberate attempt by the Narendra Modi-led to bankrupt the Congress ahead of elections. He mentioned that the timing of the penalty notice, following the Delhi High Court’s dismissal of Congress petitions challenging tax reassessment proceedings, reeks of political vendetta.

He underlined that while political parties are typically exempt from taxes, this penalty is allegedly due to delayed filing of returns. He asserted that it is a blatant move by the Modi government to cripple the Congress financially, especially during the elections. He further asserted that in response to the notice, the Congress plans to stage a nationwide protest, condemning BJP’s exploitation of central agencies to target opposition parties. 

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Akhilesh Yadav, Mayawati, Tejashwi Yadav mourns demise of Mukhtar Ansari, demand probe

Akhilesh Yadav mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge.

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Mukhtar Ansari, gangster turned politician, who has been in jail since 2005, died due to cardiac arrest on Thursday. After Ansari’s death, his family alleged that the politician had been poisoned in the jail.  

Expressing sorrow, several opposition leaders demanded a probe into the death of Mukhtar Ansari. Notably, the gangster turned politician submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Former Deputy Chief Minister of Bihar, Tejashwi Yadav wrote on X that a few days ago Mukhtar Ansari complained that he had been poisoned in jail, yet it was not taken seriously. He added that prima facie the move does not seem justifiable and humane. He stated that constitutional institutions should take suo motu cognizance of such strange cases and incidents.

Former Chief Minister of Uttar Pradesh and Samajwadi Party Chief, Akhilesh Yadav said that the state is going through the worst phase of government anarchy. He added that it is the responsibility and duty of the government to protect someone’s life in every situation and at every place. 

The former Chief Minister added that the death of a hostage or prisoner while being confined in the police station, in a fight inside the jail, on falling ill inside the prison, while being taken to court, while being taken to hospital or during treatment in hospital will erode public confidence in the judicial process. He mentioned that such doubtful cases should be investigated under the supervision of a Supreme Court judge. He claimed that the way the government bypasses the judicial process and adopts other methods is completely illegal. 

Taking to social media platform X, Bahujan Samaj Party supremo Mayawati said that the persistent apprehensions and serious allegations made by Mukhtar Ansari’s family regarding his death in jail require a high-level investigation so that the facts in his death can be revealed. 

AIMIM leader Asaduddin Owaisi said that the people of Ghazipur lost their favourite son and brother. He added that Mukhtar Ansari had made serious allegations against the administration that he was poisoned, but the government did not pay any attention to his treatment.

Congress spokesperson Surendra Rajput stated that custodial deaths and firing in jail has become very common in Uttar Pradesh. He added that high level investigation should be conducted.

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Uttar Pradesh on high alert after gangster turned politician Mukhtar Ansari death, probe ordered on poisoned in jail charge

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state.

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Several towns in Uttar Pradesh are on high alert and security has been strengthened after jailed gangster-turned-politician Mukhtar Ansari died of cardiac arrest. His family alleged that the gangster, who has been in jail since 2005, was poisoned. 

The jailed gangster was hurried to a hospital after he fell unconscious at district jail on Thursday night. After a few hours, he was declared dead by the doctors at the Rani Durgavati Medical College. 

Uttar Pradesh Director General of Police (DGP), Prashant Kumar said that as a precautionary measure, Section 144 of the CrPC has been imposed across the state. The Central Reserve Police Force (CRPF) has also been called in to assist the police. Reportedly, the CRPF units have already been deployed in Banda, Mau, Ghazipur, and Varanasi.

Additionally, the social media cell of the Uttar Pradesh Police is also on high alert to track unlawful elements that may try to spark a riot. Furthermore, a magisterial investigation into the death of Mukhtar Ansari will be carried out by a three member team, reports said.

A former five-time MLA from Mau Sadar seat Muktar Ansari, had 60 criminal cases pending against him. The gangster turned politician was sentenced in eight cases since September 2022 by different courts of Uttar Pradesh and was lodged in the Banda jail.

Earlier, the former five-time MLA from Mau submitted an application in Barabanki court, alleging he was given some poisonous substance along with his food. He claimed that on March 19, his nerves and limbs started paining after he consumed the food.

Muktar Ansari was born into a family with deep roots in the independence struggle. His grandfather served as the Indian National Congress president in 1927. He was initially affiliated with the Bahujan Samaj Party before forming the Quami Ekta Dal (QED) after being expelled.

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