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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 The master’s degree exemption (for H1B visa applicants) has also been withdrawn, but that was expected.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]

India News

Bombay High Court strikes down Centre’s Fact Check Unit, calls it unconstitutional

The court, while hearing four petitions filed by stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association, held that the rules violated constitutional provisions.

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In a major setback for the central government, the Bombay High Court on Friday struck down the amended Information Technology (IT) Rules, which sought to identify fake and false content on social media against the government, and held it unconstitutional.

The court, while hearing four petitions filed by stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association, held that the rules violated constitutional provisions.

As a tie-breaker judge, A S Chandurkar, was hearing the matter after a division bench of Justices Gautam Patel and Neela Gokhale in January delivered a split verdict on the petitions challenging the amended IT rules.

While Justice Patel struck down the Rules, Justice Gokhale upheld them.

Justice Patel had said the Rules amounted to censorship, but Justice Gokhale had opined they did not have any `chilling effect’ on free speech as argued.

In today’s hearing, Justice Chandurkar held the Information Technology Amendment Rules, 2023, which empowers the Centre to set up Fact Check Units (FCUs) for identifying fake news online, against Articles 14 and 19 of the Constitution.

“I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India,” the judge said.

The expression “fake, false and misleading” in the Rules was “vague and hence wrong” in the absence of any definition, he added.

Justice Chandurkar said he agreed with the opinion given by Justice Patel (now retired).

On April 6, 2023, the Union government promulgated amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for an FCU to flag fake, false, or misleading online content related to the government.

Under the IT Rules, if the FCU comes across any posts that are fake, false, and contain misleading facts about the business of the government, it would flag the same to social media intermediaries.

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AAP demands govt accommodation for Arvind Kejriwal, says he is entitled to it

Chadha said every national party was entitled to two resources, an office and an accommodation for its head, to function from Delhi.

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Days after Atishi was selected as the new Delhi Chief Minister following the resignation of Arvind Kejriwal from the post, the Aam Aadmi Party on Friday demanded a government accommodation for the outgoing CM, saying he is entitled to it on account of being the convener of a national party.

Addressing a press conference, AAP Rajya Sabha MP Raghav Chadha said the party would be writing to the Union Ministry of Housing and Urban Affairs and hoped that it would provide the accommodation to the party’s national convener in one or two days.

Kejriwal, who resigned as the Chief Minister of Delhi earlier this week, will move out of the official residence within 15 days, the party said earlier.

Chadha said every national party was entitled to two resources, an office and an accommodation for its head, to function from Delhi.

AAP became a national party following the Gujarat Assembly polls in 2022 in which it got some seats and a good vote percentage, he said.

The Centre provided AAP with an office after two years of struggle and the intervention of the court. AAP moved to its new office on the Ravi Shankar Shukla Lane in Mandi House last month, vacating its old DDU Marg office near ITO.

“I urge the Centre to follow the rules without any delay and any political consideration, and provide a government accommodation to party national convener Arvind Kejriwal which is his and the Aam Aadmi Party’s right,” Chadha said.

The presidents of the six national parties in the country, including JP Nadda of the BJP, Mallikarjun Kharge of the Congress and Mayawati of the BSP, have been provided government accommodation in the national capital, he said.

The Rajya Sabha member also hoped AAP would not have to fight a legal battle for the government accommodation to party supremo Kejriwal.

Kejriwal will very soon give up all the official facilities provided to him as chief minister after his resignation was accepted, Chadha said. After the oath of the new chief minister, he will start giving up the facilities, he said.

“He does not have a property or even his own house. As the convener of a national party, he is entitled to a government accommodation. The Centre should give him that,” Chadha added. 

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India News

Tirupati laddu issue: Union Health Ministry seeks report from Andhra Pradesh CM Chandrababu Naidu

“We don’t understand why N Chandrababu Naidu made these remarks so casually. Therefore, Congress has demanded a CBI inquiry over this issue,” Sharmila added.

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Union Health Minister Nadda on Friday said he had spoken to Andhra Pradesh Chief Minister N Chandrababu Naidu and sought a full report on the Tirupati laddu issue. He added that the Centre would examine the matter and take suitable action.

“As soon as I got this news, I called Andhra Pradesh CM Chandrababu Naidu and got details and told him to send the report that he has. I will examine the report, and I will also talk to state regulators. Suitable action will be taken accordingly. We will take action as per the rules of Food Safety Standards Authority of India,” said Union Minister of Health and Family Welfare JP Nadda while speaking to PTI.

Naidu has claimed that animal fat was used for making Tirupati laddus during the previous Jagan Mohan Reddy government, triggering a massive political row with the Yuvajana Sramika Rythu Congress Party (YSRCP) accusing the Chief Minister of indulging in heinous allegations for political gains and the Telugu Desam Party (TDP) circulating a lab report to back the claim.

Earlier in the day, Food Minister Pralhad Joshi called for an inquiry into the controversial claims made by Naidu. “Whatever the Andhra Chief Minister has said is a matter of serious concern. A detailed inquiry is required, and the culprit should be punished,” he said on the sidelines of a global food regulators summit.

During an NDA legislative party meeting held on September 18, Naidu made serious accusations against the previous administration led by YS Jagan Mohan Reddy. Naidu alleged that the former government compromised the sanctity of the Sri Venkateswara Swamy temple in Tirupati by using substandard ingredients and animal fat in the preparation of laddus.

Meanwhile, YSRCP chief Jagan Mohan Reddy said only Chandrababu Naidu has mentality to use god for politics.

“Andhra CM Naidu is such a person who can use god also for political gains,” he added.

Ghee adulteration allegations to divert attention from Chandrababu Naidu’s 100 days rule in AP, Jagan slammed Naidu over laddu controversy.

Andhra Pradesh Congress president YS Sharmila said that Naidu presented a report that said a sample was taken on the day he assumed power and that sample reported that there was beef and fish oil in the ingredients that were used to make the laddus in Tirupati.

“We don’t understand why N Chandrababu Naidu made these remarks so casually. Therefore, Congress has demanded a CBI inquiry over this issue,” Sharmila added.

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