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Federal judge blocks H1B visa $100K fee(alaskasnewssource.com)
125 points by naturalmovement 5 hours ago | 211 comments
jorgen123 4 hours ago | parent | next [-]

For those not reading the linked article, it was not about tech (although valid discussions here). I had not expected this (this is about rural Alaska):

> “In some rural districts, visa teachers make up 50% to nearly 80% of the teaching staff. School districts already invest $6,000 to $12,000 per teacher to recruit and sponsor educators through the H-1B visa process. Adding a $100,000 federal visa fee has made it financially impossible for many districts to continue hiring the teachers their students depend on.

randyrand 4 hours ago | parent | next [-]

There are an excess of teachers in the USA already. It’s a big reason they aren’t paid that well.

No good reason to import them except to pay them even less.

esalman 3 hours ago | parent | next [-]

I hear this argument all the time. There's an excess of this, there's an excess of that. Seems it only comes from people who are not directly involved in hiring of such roles. We hired for an analyst role few months ago in the bay area and there was no qualified American applicants. My wife is in pavement consultancy and they hardly ever find qualified Americans for pavement design jobs.

dmix 2 hours ago | parent | next [-]

People can’t seem to separate the issue of exploitation of H1B by (mostly Indian) consultancy mills to lower wages and bypass normal immigration vs the legitimate value of specialized skilled visas. You can fix one without killing the other.

It’s plausible Education might be one of the industries that gets exploited as they have no caps in the lottery like other H1 visas categories such as tech or doctors. But I don’t know enough about education visas personally.

dani__german 2 minutes ago | parent | prev | next [-]

[delayed]

fc417fc802 42 minutes ago | parent | prev | next [-]

> there was no qualified American applicants.

But are there qualified Americans who could easily switch to that job for one reason or another? Is the issue a lack of qualified professionals or is it a lack of interest by qualified professionals in the listed position?

It's very easy to receive no applications from qualified professionals that do in fact exist by simply not offering to pay them enough (among many other things). That shouldn't mean you get to undercut the domestic labor market; rather you should be forced to rethink the business plan.

icepush 13 minutes ago | parent | prev | next [-]

What salary range were you offering ?

winrid 41 minutes ago | parent | prev | next [-]

Were you actually involved in the hiring? What is qualified? College degree and $30/hr?

I know people who are actively looking for data analyst roles. Email me

KingMachiavelli 2 hours ago | parent | prev | next [-]

Isn’t it a self-fulfilling issue? Dependence on H1B and other visa dependent workers leads to lower salaries which discourages local talent from that specialty.

What requirements did the role have and what’s the salary range?

From what little I gather from online job listings, most foreign labor dependent positions are trying to pay 90K for a masters degree, maybe 120-140K Bay Area. Additionally, many of these job listings want extremely specific degrees or certifications that frankly are of little interest to US citizens - but F1 students will take any masters program despite the program having little salary benefit - the degree is a requirement for the visa.

I have a hard time believing you can’t find a US civil engineer who could learn the subject matter right out of college. Although saying that I know first hand low starting salaries have pushed students towards mechanical engineering or CS if inclined.

esalman an hour ago | parent | next [-]

> What requirements did the role have and what’s the salary range?

4+ years in product development. Python/R + a low-level language. Terabyte-scale data stream and batch processing. HPC knowledge (vectorization, memory access, distributed computing) to build efficient algorithms. Degree in a quantitative field (Math, Stats, Physics, CS, or Engineering).

Upper limit on compensation was 200k.

> Although saying that I know first hand low starting salaries have pushed students towards mechanical engineering or CS if inclined.

You answered your own question. The American engineering pool consists mostly of high school diplomas who can't pass PE exam at multiple trials.

Edit: coincidentally, my wife was offered a state civil engineering job in Bay area. Didn't take up because the salary offered was below 100k, even with 5 years of experience.

zdragnar an hour ago | parent | next [-]

There are a ton of jobs that pay as well or better with lower requirements, even outside the bay area. Anyone with that level of experience, Python and a low level language isn't going to take you up.

I'm not normally in agreement with the "you're not paying enough, there's plenty of people" crowd, because I've been on the hiring side too and know what a crapshoot it can be... But you're definitely offering too little for those requirements.

esalman 25 minutes ago | parent [-]

I responded to the point someone made- there's an excess of workers in America. Firstly, when there's an excess, wages are supposed to lower, even for Americans. Secondly, even if there is an excess, there was no evidence of that in my experience. In addition to the full time role we also interviewed interns in fall, and in my experience they were all either immigrant or children of immigrants.

DrJokepu an hour ago | parent | prev [-]

I mean I don’t have a horse in this race, but I don’t think this is a good example.

If this is a senior enough position to justify expecting this level of specialization, that compensation is not nearly high enough, so issuing this H-1B would add downwards pressure on the compensation of American worker.

If this is not a very senior role, the American worker’s interest is that you find someone with a less specific background, compatible enough so that they can be trained.

esalman 31 minutes ago | parent [-]

Yes we hired a fresh graduate with relevant research experience who is being trained.

SilverElfin an hour ago | parent | prev [-]

> Dependence on H1B and other visa dependent workers leads to lower salaries

It does not generally. H1B employees are more expensive usually. In most companies - like any notable tech company - they are paid exactly the same due to fixed compensation plans, but cost more to the company once you include legal fees, processing fees, and especially the time delays and risks. It’s not even close in terms of a cost comparison. This isn’t a controversy among people who are actually involved in hiring and compensation - it’s well known. But this perception persists.

fc417fc802 28 minutes ago | parent [-]

They don't have to undercut their coworkers on an individual level. When a position that could otherwise reasonably be filled by an American is gated for any unnecessary reason, be it undesirable pay or excessively specific requirements or whatever else, that effectively removes that position from the domestic job market. When that is repeated many times the end result is the same number of domestic applicants competing for fewer positions. That results in downward pressure due to basic supply and demand.

That's fine if there's a genuine need for a specific sort of specialist and the US simply isn't producing enough of them. But when it's silly hyper specific requirements it becomes detrimental.

anon-3988 3 hours ago | parent | prev | next [-]

Does your wife's consultancy business have a growing number of clients to handle? It might also be an issue of distribution.

esalman 3 hours ago | parent [-]

No such issues. It's actually not a solo business, it's a civil/geological engineering consultancy firm with a mix of state/local government and private clients.

jlarocco an hour ago | parent | prev [-]

Pay more.

hvb2 an hour ago | parent | next [-]

And you pay for this, how? Because typically that would mean taxing something more.

I've seen those kind of proposals as ballot measures that get voted down.

fc417fc802 39 minutes ago | parent [-]

Tough. The undesirable consequences needs to be forced to occur so that the voters have no choice but to deal with it. You shouldn't get to just rip the bottom out of the market and proclaim to have fixed the problem.

esalman 38 minutes ago | parent | prev [-]

I have added compensation information in another reply.

janalsncm 4 hours ago | parent | prev | next [-]

Is there an excess of teachers in Alaska?

I can understand why rural schools would need H1Bs. They would probably need to pay a premium to attract teachers from out of state, not to mention Alaska. And rural schools are the least able to actually do that.

Maybe if the current admin really wants to keep the $100k fee, they can extend an olive branch by either waiving the fee or helping to fund American teachers to move to fill those jobs.

throwaway85825 4 hours ago | parent [-]

There's as many teachers in Alaska as they're willing to pay for.

nsagent 3 hours ago | parent | next [-]

Having lived in bumblefuck Alaska for a year, I can honestly say that they do in fact pay more, but it's also super expensive to live in rural Alaska.

Likely a bigger issue is that very few people want to live in a town of 3000 people or less that isn't connected to the interstate road system. Money can only do so much to fix that.

throwaway85825 3 hours ago | parent [-]

Some people live in a pressurized bubble for a month for saturation diving. If the price is right you can get someone to do almost anything.

fc417fc802 22 minutes ago | parent | next [-]

That is true but I think the salient observation here is that it's only realistic to pay so much for education. So either you can't have children in such a town, or you're forced to homeschool, or (I guess what's being suggested is) you import someone willing to work an undesirable job if it gets them into the country.

I think there's an important difference between importing labor to undercut qualified americans in a populated area versus importing labor to do a job that the vast majority of qualified americans will have no interest in at any reasonable pay rate.

allarm 2 hours ago | parent | prev [-]

It doesn't matter how much money you have if you can't spend it.

RobotToaster 9 minutes ago | parent | next [-]

Does Amazon not deliver to Alaska?

throwaway85825 2 hours ago | parent | prev [-]

That applies to a ton of people in the military. People are capable of delayed gratification.

thisisit 34 minutes ago | parent | next [-]

What is the federal budget for military vs education? Which one increases and which one decreases most of the time?

redserk an hour ago | parent | prev [-]

Repeating trite platitudes only makes your argument sound weak and tired.

s1artibartfast 3 hours ago | parent | prev [-]

Yes, there is supply and demand. However, that doesnt mean a government cant restrict supply.

zx8080 12 minutes ago | parent | prev | next [-]

> No good reason to import them except to pay them even less.

Then I'll tell you a good one. It's called profit.

tastyfreeze an hour ago | parent | prev | next [-]

Rural Alaska is a special kind of rural that most people won't take to. Communities off the road where you fly in on a small plane, take a river boat, or snow machine in the winter to get there. Most are tribal and insular. Getting anyone to move there is a big ask. For a H1B teacher it is a foot in the door.

culopatin 4 hours ago | parent | prev | next [-]

But evidently they don’t want to move to rural America.

pseudo0 4 hours ago | parent | next [-]

Rural Alaska... Just about the most inhospitable climate in the US, remote, and with a very high cost of living. Teachers can find work just about anywhere, they have little incentive to stay in Alaska.

The solution for this is simple - pay them more. There are plenty of recently graduated teachers who would work in Alaska for a few years if it paid off their student loans or let them save up a down payment on a house.

tastyfreeze an hour ago | parent | next [-]

Alaska will already pay off loans for teachers that will teach in rural communities. My friend taught in Yakutat for 5 years to pay off loans before moving to a larger town. But Yakutat is well connected as far as rural towns go. They have jet service and a ferry in the summer. Not many takers to go live in a tribal town 200 miles up a river.

culopatin 4 hours ago | parent | prev | next [-]

And who pays that extra? Who are you taxing in the middle of nowhere?

Analemma_ 4 hours ago | parent [-]

The Alaska Permanent Fund from their oil revenue is worth $90 billion and they send every resident an annual $1,000 check on top of heavily subsidized fuel. I think they can pay competitive teacher salaries.

Brybry 3 hours ago | parent | next [-]

Alaska is already in the top 8 median elementary school teacher salaries nationally, with ~$79,260 in 2025 compared to 2024 national median of $62,310 (couldn't find 2025). They were #2 and #3 in education spending as a percent of state GDP in 2024 and 2025. [1][2][3]

It would need to be more than just competitive, it would probably need to be doctor-tier "I'm giving up my life plans for this salary in Alaska" level (which is what I assume it's like for foreign labor).

It's possible they can afford it. I would think they would need to double or more their education spending (~$2.77 billion (24/25), ~45% -> wages) state wide which would be most of what the Alaska Permanent Fund pays out per year ($3-4 billion) [4][5]

I imagine it would be politically very unpopular for obvious reasons.

[1] https://www.bls.gov/ooh/education-training-and-library/kinde...

[2] https://data.bls.gov/oesprofile/?major_group=250000&occupati... (increase records to see Alaska)

[3] https://www.schoolfinancedata.org/annual-reports/2024

https://www.schoolfinancedata.org/annual-reports/2025

[4] https://alaskapolicyforum.org/2025/06/alaskas-schools-are-ro...

[5] https://apfc.org/the-fund/fund-structure/

tastyfreeze an hour ago | parent | prev [-]

The Alaska Permanent Fund is not a general government account. It is legally separate from state government funds.

bijowo1676 3 hours ago | parent | prev [-]

there is already a program like that, its been running for ages, its called PLSF. Still not enough teachers.

https://studentaid.gov/manage-loans/forgiveness-cancellation...

People who critique H1B always seem to assume that people actually hiring for labor are much dumber than those bright commenters and haven't exhausted each and every other opportunity to find qualified people.

No, you are not being smarter than lawmakers who enacted H1B program, and then refused to dismantle it at every opportunity to do so. You are not smarter than employers who have to hire via H1B and pay tens of thousands dollars to immigration lawyers for stupid paperwork.

Most of the critique of H1B in this post is just bigoted, hateful, and uneducated rant

jojobas 4 hours ago | parent | prev [-]

Hardly an argument to import teachers on work visas.

bluegatty 4 hours ago | parent | next [-]

It's literally exactly the argument.

If teachers were underpaid - it would be a poor argument.

But if there's an acute shortage of 'key' workers in jobs that require education, for jobs where wages are materially above market pricing - then this is where you want H1B type programs.

The idea is that it should not harm the local market for labour, and it's usually not reasonable to expect market wages to be a radical departure from where they would be otherwise.

Aka - if teachers are earning $80K on average, then it's not going to work out i some small towns need to pay $150K to bring people in from the city, it also creates problems for locals.

Special worker programs can be well utilized here in the right circumstances.

The 'bad' scenario is when labour market is flooded where those jobs would otherwise go to locals.

Tata/Infosys (generic IT workers) are alone probably 80% of the problem.

AngryData 34 minutes ago | parent [-]

This would hold more weight if teachers in rural areas weren't getting paid less than half your thought experiment average.

bluegatty 24 minutes ago | parent [-]

Your little comment would have more weight it had any factual substance.

Average teachers salary in US is 75K and it's over 100K in California.

[1]https://www.nea.org/nea.org/nea-today/all-news-articles/teac...

culopatin 4 hours ago | parent | prev | next [-]

It’s a matter of incentives. The avg American grows up with certain “American dream” that clashes with that rural America life. There is no incentive to leave everything behind and go be basically alone. Immigrants have a “lower” baseline or just want the experience of being abroad, or are willing to put up with rural living because from wherever they are, it looks better. You’d have to entice a city teacher to move to rural America.

You’ll say “pay them more”. But who are you taxing more? Because no one is happy when the gov starts looking at being more efficient and starts laying off some admin people either.

jojobas 4 hours ago | parent [-]

Teachers were like 4% of all H1Bs. Using CS/AI H1B proceeds to increase pay to rural teachers more seems like a no-brainer. The current Alaskan teacher pay seems to be below median, which seems like an good threshold to disallow H1B workers altogether.

bijowo1676 3 hours ago | parent | next [-]

Have you considered the possibility that H1B teachers are simply better (at any price point) ?

H1B proceeds go to fund USCIS and its staff, they do not go towards local school districts.

This whole discussion is full of racists and haters who dont know anything about the subject beyond clickbait titles

NoMoreNicksLeft 3 hours ago | parent [-]

>Have you considered the possibility that H1B teachers are simply better (at any price point) ?

That sounds sort of racist, actually.

bijowo1676 3 hours ago | parent | next [-]

It is not racist, but it is true. The Education major is one of the bottom majors, Americans with the lowest grades and lowest SAT scores go on to become public school teachers. and it is well known information among Americans themselves.

https://x.com/marcportermagee/status/1954326425072546055/pho...

https://reports.collegeboard.org/media/pdf/2023-total-group-...

  The average SAT for Education majors: 1023
  It’s ranked 24th, behind Communications (19th), Library Science (13th), and English (11th). The top major: Math.
while foreigners on H1B are top percentile in academic performance and scoring and generally H1B attract top 1% talent from the global talent pool, especially given there are only like 60k visas issued per year.

People who look at the stats objectively should be the first ones to advocate for more H1B teachers, if that meant children would get dramatically better education

annzabelle an hour ago | parent [-]

Someone has never had to clean up code written by WITCH H1Bs.

bijowo1676 29 minutes ago | parent [-]

What this has to do with American public school teachers coming from the bottom of the barrel of talent pool ???

annzabelle 21 minutes ago | parent [-]

Your claim that H1Bs come from the cream of the crop is patently false.

Erem an hour ago | parent | prev [-]

Americans are every race. How could it be racist?

riknos314 an hour ago | parent | prev [-]

Are teaching and software engineering even job categories that overlap enough that they should compete for the same pool of visas?

It seems to me things would be better if they were classified as different visa categories.

bijowo1676 4 hours ago | parent | prev [-]

so you want to leave rural children without teachers?

SecretDreams 4 hours ago | parent [-]

I think the commenter is volunteering to go themselves.

thisisit 39 minutes ago | parent | prev | next [-]

Remind me who is at the forefront of cutting funding to government programs.

The people voting for these administration are the ones cutting government spending and lower taxes and then say “pay more”. With what dollars exactly?

lokar 2 hours ago | parent | prev | next [-]

It’s not the job, it’s the location.

There is a shortage of most careers that require and college degree in rural areas.

Also, rural areas don’t have the tax base to out pay urban areas.

This is about the stagnation and lack of vitality in rural towns in general.

halestock 4 hours ago | parent | prev [-]

Er, there is an excess of teachers because they are paid so poorly. Teaching (like nursing) is absolutely a labor of love and so they are heavily undervalued and underpaid in this country.

Izikiel43 4 hours ago | parent | prev | next [-]

Yeah, most of us think of tech, but the program affects doctors, nurses and teachers for rural America.

bijowo1676 4 hours ago | parent | next [-]

This was the most infuriating part.

Big Tech has multiple carveouts to bring tech labor using F1/J1/L1/O1/EB-1 and various other visas, and they wouldn't even feel the 100k fee given their budgets.

While non-tech sectors were the ones most affected

infecto 4 hours ago | parent | prev [-]

Which is sadly very ironic.

cryptoegorophy 4 hours ago | parent | prev | next [-]

Not from USA, is there shortage of teachers in USA? Or government pays too little to have local teachers consider such jobs? Seems like a broken system

trelane 4 hours ago | parent | next [-]

> is there shortage of teachers in USA?

No, there is a steady stream of teachers being fed into the maw of public education. The pay is low and job security is terrible until you get tenure. My wife was a teacher; I have heard horror stories.

You get paid based on a combination of how much money you earn your employer and how easy you are to replace. Schools get paid by taxes, and there are a ton of them produced every year. So, the pay is abysmal.

throwawaytea 3 hours ago | parent [-]

My gf makes about $90k a year, tons of time off, at 35 years old in a California public school. If she wasn't a teacher, she admits she'd probably be a cop or 911 dispatcher, because government gigs are what her entire extended family recommends. She has trouble adding 50 cents to 75 cents, but luckily she only teaches English and social studies to middle schoolers.

bijowo1676 2 hours ago | parent [-]

I have a kid who just graduated elementary and is about to enter Middle school.

Your post actually explains why every single classmate of my daughter has enrolled in private middle school ($50k+ tuition), despite being in the best school district (Palo Alto School District).

Apparently public middle schools are really bad in California, but you can still find decent high and elementary schools

All top private middle schools in the bay are oversubscribed and cannot accomodate everyone, and require ridiculous exams and admission process that rivals Ivy League, situation is really bad, and demand for good teachers is infinite

saltyoldman an hour ago | parent [-]

What happened was there were a lot of boomers that taught my generation in the bay area. So when I was in high school around 94-98 the teachers were typically 40-50ish year old boomer generation. These people were pretty good at teaching. Mostly white. As generation X started getting into the game, and bureaucratic processes the introduced "core" and "new math". Both pretty bad. I was in the middle of the transition so I did get pre-new-math as well.

What happened next? Well pretty much all of us got jobs at Google, Apple and other places. The only way for any of us to have stayed in teaching would have been major compromises. We decimated the teaching industry because it didn't realize the salaries these companies were waiting to pay us. They had no chance.

bijowo1676 41 minutes ago | parent [-]

This situation rhymes with manufacturing jobs in the midwest.

Industrial and manufscturing jobs were offshored to Asia and Americans had zero chance to be price competitive relative to East-Asian labor

The diff is that Midwest didnt have Apple and Google to fall back on, they only had fentanyl to cope with their situation.

But now the situation is so bad, you cant even find talent in US even if you are willing to pay for it. Asian countries have better integrated supply chains that make manufacturing two to three orders cheaper than in US.

And nobody knows how to solve it, but there is only one solution.

End the USD as a global reserve currency, so that manufacturing in US has more power again, relative to financial industry. I dont see any other option long term

nemomarx 4 hours ago | parent | prev | next [-]

Teacher pay is low, but it also requires certification and a degree. And in exchange it will be relatively stressful and lacking in prestige.

pastel8739 4 hours ago | parent [-]

And long hours!

trelane 2 hours ago | parent [-]

My favorite teacher strike was when the teachers stopped doing work when they weren't being paid. The district quickly caved.

brudgers 4 hours ago | parent | prev | next [-]

Rural Alaska is by and large very very remote. Often small plane is the only practical access and then only in favorable weather.

Recruiting teachers to remote villages with extreme weather is hard and if you are at US university training to be a teacher you will probably have other options that are more attractive as a young person.

lokar 2 hours ago | parent [-]

Even anchorage is pretty bad

brudgers an hour ago | parent [-]

Yes, I mean there is basically one road to Alaska and from the nearest major US city (Seattle) it is 3600km to Anchorage…about the same distance as Barcelona to Moscow but entirely through sparsely or unpopulated wilderness.

And Seattle is a long way from most of the US…another 3300km from Chicago.

Rebelgecko 4 hours ago | parent | prev | next [-]

Little bit of both. Pay varies drastically from state to state, even taking cost of living into account. By the time you pay for a degree and a credential the ROI isn't great. Jobs in better paying areas exist too but are understandably more competitive

TylerE 4 hours ago | parent | prev | next [-]

The "Alaska" bit is very important. Very remote, very cold. Everything is very expensive because almost all of it has to be shipped in by air.

Yes, the US teacher pay is generally crap and we're short on teachers everywhere, but Alaska is a rather unique situation.

It's 16% of the US's land area, but only 0.2% of the population.

JohnTHaller 3 hours ago | parent | prev [-]

Teachers are paid less than they should be and and must complete specific undergraduate and graduate degrees as well as additional ongoing certifications. They are, unfortunately, not well respected by many groups. And right-wing folks have been making noise about augmenting and replacing teachers with AI. I have multiple friends who have left teaching due to lack of respect and support from student parents. I still have two teachers in my family.

wyager 4 hours ago | parent | prev | next [-]

Isn't the entire point of this order to prevent filling low-paying jobs with cheap foreign labor, in order to increase demand for domestic labor? "Rural district schoolteacher" sounds like exactly the kind of job where the H1B program has very low public support

alephnerd 4 hours ago | parent | prev [-]

And it's not just education - nurses, doctors, and plenty of engineers in the Energy, Mining, and Construction sector are also brought on H1Bs to Alaska.

Edit: can't reply

> Are they also using traditional incentive methods, like signing bonuses, for domestic prospects

Yes.

I have a good buddy of mine who is senior management at an ANRC and they will pay 6 figure salaries to non-natives irrespective of citizenship in a number of cases.

Heck, even the starting salary for unskilled federal roles like TSA agents at Utquiatvik was $70K last I was there versus $30-40k in the rest of the mainland.

Much of Alaska is literal villages that are disconnected from the outside world aside from the occasional bush plane, and amenities are nonexistent. You are talking about towns and villages where most of the residents are entirely depending on UBI (Alaska Permanent Fund Dividend) and subsidence hunting/farming.

As such, it's not enticing.

Also, a number of Alaska Natives prefer hiring Thai and Filipino immigrants over Americans (who statistically tend to be White, Black, or Hispanic) because if you're hiring outsiders you may as well hire outsiders who look like you and are viewed as more culturally aligned.

imglorp 4 hours ago | parent [-]

Are they also using traditional incentive methods, like signing bonuses, for domestic prospects?

rayiner an hour ago | parent | prev | next [-]

I’m going to call this one as likely to be overturned on appeal. The Immigration and Naturalization Act provides:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” (INA Section 212(f).)

Congress specifically gave the President the power to make findings and impose conditions, and the APA doesn’t apply to the President. The district court side-steps this by saying that the fee is a tax and 212(f) doesn’t delegate taxing power to the President. But that’s a separation of powers problem, not an APA problem. That is, if the fee was actually a tax, it wouldn’t be permissible even if the President had explained it properly as required by the APA. The executive can’t levy a tax by going through the procedural niceties of the APA. The APA angle is a red herring.

So the real issue is whether the fee is a “tax” that only Congress can levy. I think it’s a fee, not a tax. The Supreme Court has distinguished between user fees and taxes as follows: “We there described ‘fees’ as ‘bestow[ing]’ a reciprocal ‘benefit on the [payor], not shared by other members of society.’ NCTA, 415 U. S., at 341. By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public. Id., at 343.’” (FCC v. Consumers’ Research: https://supreme.justia.com/cases/federal/us/606/24-354/)

The H1b fee falls squarely within what the Supreme Court has called “fees.” The benefit of being able to bring over a particular foreign worker inures directly to the employer filing the visa petition, not the public at large.

fc417fc802 an hour ago | parent | next [-]

I'm in agreement with your position but I'm confused by the SCOTUS criteria for distinguishing taxes and fees. I follow the reasoning that you receive a tangible benefit as an individual for payment of a fee. That much makes sense to me. However what puzzles me is "By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public." Do not fees also benefit the wider public to the extent that they fund the government? I'm failing to see any difference in that regard.

redslazer 35 minutes ago | parent | next [-]

Whether it is a fee or tax is less about whether it funds the government and more about whether when you pay the amount you get some benefit that you wouldn’t if you didn’t pay (above and beyond compliance with tax law). For example a fishing licence is a fee while a flood levy is a tax.

fc417fc802 17 minutes ago | parent | next [-]

Yes, I understood that (and stated as much). The first part made sense to me. It is the second that I find perplexing.

> By contrast, ‘taxes’ are expected to ‘inure[] to the benefit’ of the wider public.

That seems to apply to both taxes and fees as far as I can tell. It seems to me that a tax can primarily be distinguished by virtue of not qualifying as a fee. Put another way, are not fees paid to a government a subset of taxes much as squares are a subset of rectangles?

Kab1r 13 minutes ago | parent | prev [-]

But then sales taxes are fees, no?

dpark 31 minutes ago | parent | prev [-]

When you pay income tax (for example), your personal benefit from that tax is no different from my benefit from your income tax. But if you pay a passport fee (for example), you receive a specific benefit that I do not.

QGQBGdeZREunxLe 36 minutes ago | parent | prev [-]

I disagree. Fees have to be justified and USCIS is not spending $100,000 to process a H1B applicant. They are raising revenue. Which is taxation.

Calling something a fee doesn't make it a fee if, in substance, it operates like a tax.

rayiner 17 minutes ago | parent | next [-]

Fees don’t have to be limited to the cost of the specific transaction. Lots of agencies, not to mention the courts themselves, charge fees that go towards the operation of the agency and don’t just defray the specific costs of a single transaction.

In the NCTA case cited above, the Supreme Court upheld a law that authorized the FCC to impose “fees” on cable licensees that took into account the value of the license to the provider. So a fee need not be limited to the cost for an agency to process a license. A charge can be based on the value of the authorization or license provided and still qualify as a fee not a tax. Here, the $100k fee certainly reflects the value to the employer of being able to hire the worker.

dpark 28 minutes ago | parent | prev [-]

> Fees have to be justified

Do they? Honest question. Is there a law that says fees must be in some sense justified?

> Calling something a fee doesn't make it a fee if, in substance, it operates like a tax.

This seems like a nonsense response to GP. They gave a definition of fee vs tax that is based on a meaningful distinction and not what it happens to be called.

TimorousBestie 26 minutes ago | parent [-]

> Do they? Honest question. Is there a law that says fees must be in some sense justified?

Read the opinion, it isn’t very long. This facet in particular is discussed in detail there.

> They gave a definition of fee vs tax that is based on a meaningful distinction and not what it happens to be called.

GP sounds likes he’s trying out for the inevitable appeal, the tax/fee distinctions argued in the case came from different case law.

dpark 7 minutes ago | parent [-]

From what I can tell with a quick reading, it is not. The opinion states that the fee is a tax and not a penalty and based on that ruling then further rules that the tax oversteps Congress’s delegated authority.

The whole penalty thing seems weird because obviously it’s not a penalty, so I don’t know if the president’s lawyers argued a dumb point and lost or if I’m missing some legal nuance here.

Regardless, the opinion is based on the ruling that the fee amounts to a tax, not that fees must be justified.

TimorousBestie 2 minutes ago | parent [-]

Page 18 and ff.

https://storage.courtlistener.com/recap/gov.uscourts.mad.293...

> I don’t know if the president’s lawyers argued a dumb point and lost

Correct.

ttul 4 hours ago | parent | prev | next [-]

There is actually a sensible way to do recruit foreign workers to fill jobs that locals for some reason can't fill, and it's just a few miles up north...

Canada's Temporary Foreign Worker Program (TFWP) is not limited by annual caps or lotteries. You just apply (as a company) by filling in a few simple forms and posting a job in the "Canada Job Bank" for a period of time to demonstrate that you genuinely searched for locals to fill the role and couldn't find anyone suitable. I've hired many people through this program to fill a variety of roles over the years, and all of them eventually became citizens too. Once you're on Canadian soil as a TFW, moving toward permanent residency is not very difficult if you're a skilled worker with enough "points" (based on education, etc.).

Some argue (perhaps correctly) that the TFWP suppresses Canadian wages and productivity growth by flooding the labour market with cheap staff from poor countries. And there is likely some truth to that. But when I hear how many hoops my US colleagues have to jump through with lawyers and such to bring skilled employees in, it boggles my mind. If the Americans were to implement a more modern temporary foreign worker program similar to what Canada has, you'd have to imagine the US economy would boom like it never has.

WorkerBee28474 2 hours ago | parent | next [-]

Canada's Temporary Foreign Worker Program is a horrible program that has been flagrantly abused for years to the detriment of Canadians. There's record high youth unemployment yet every Tim Hortons is filled with Indians.

bendangelo 30 minutes ago | parent | next [-]

Yes, you'll be hard pressed to find any Canadians at any fast food restaurants now. It's a common scam to pay a Tim Hortons owner 20-30k and he'll make you a manager at the franchise, then he'll give you a shared room where you pay monthly to live there. Then you work for free. The UN literaly wrote how Canada has created a neo-slavery system.

protocolture an hour ago | parent | prev [-]

Oh wont somebody please think of the Tim Hortons.

naturalmovement 4 hours ago | parent | prev | next [-]

> by filling in a few simple forms and posting a job in the "Canada Job Bank" for a period of time to demonstrate that you genuinely searched for locals to fill the role and couldn't find anyone suitable

This is anathema to tech H1B abusers, which is why they post these jobs in obscure print publications no one reads, to deliberately conceal their existence, while meeting the legal requirement.

Unfortunately for them, they cannot treat domestic workers as chattel, which is the inconvenient truth in most cases.

QGQBGdeZREunxLe an hour ago | parent [-]

You're confusing H1B with PERM. H1B has no job posting requirements.

https://www.dol.gov/agencies/whd/fact-sheets/62o-h1b-recruit...

horns4lyfe 4 hours ago | parent | prev [-]

There’s nothing remotely sensible about what Canada has done to allow Indian ethnic cartels to take over their job market

variety8675 5 hours ago | parent | prev | next [-]

There must be a better way to prevent the consulting firms from abusing this program

JCTheDenthog 5 hours ago | parent | next [-]

Rigorous examinations for English fluency and for competency in their alleged field of expertise would be a good start. I have several H1B coworkers in the US who barely speak intelligible English, and who barely understand normal conversation let alone anything technical. A blatant example of this that I experienced recently being that several of them could not understand that just because a method in C# is asynchronous does not mean it executes out of order.

cguess 4 hours ago | parent | next [-]

This is a hiring issue, not a legal one. The US has no official language, and no language tests, so requiring English in law would be dicey to put it mildly. What if I'm hiring someone specifically to work at a Spanish language news outlet?

JCTheDenthog 4 hours ago | parent | next [-]

>What if I'm hiring someone specifically to work at a Spanish language news outlet?

Having actually worked at a Spanish language news outlet before (1 of 4 tv and radio stations in the office I was doing IT help desk work in), I can tell you that every single employee spoke English somewhere on the level of very good to near native fluency. As it turns out, knowing English (or the native language of whatever country you're in) is an incredible value-multiplier for almost every job position imaginable.

As far as language issues at my current job goes, it turns out once you hire a manager that speaks both Hindi and English (or Marathi and English, or Bengali and English, you get the picture) it doesn't matter much if the H1Bs he hires barely speak English because he can just start shouting at them in Hindi if they don't understand (even if several native English speakers are in the meeting too).

cguess 4 hours ago | parent [-]

Again, this is a hiring issue, not a legal one. You want to make it against the law for your boss to hire bad managers?

svachalek 4 hours ago | parent | prev | next [-]

The H-1B visa is specifically for hiring "highly specialized" workers. Lack of the supposed skills that let them across the border is in fact a legal issue.

bijowo1676 4 hours ago | parent [-]

H1Bs are not hired for their knowledge of english, however you can define it. They are hired for specialized occupational skills

naturalmovement 4 hours ago | parent [-]

Skills which, with very few exceptions, are conducted in English.

bijowo1676 3 hours ago | parent [-]

You don’t need to be Shakespeare to do specialized job that’s first

Second most visa applicants already get tested on their English skill when they apply for Visa, for example, universities require English proficiency for F1 visa using GRE exam

And why do you think you are better than an employer in assessing required English proficiency of an employee

NoMoreNicksLeft 3 hours ago | parent [-]

>for example, universities require English proficiency for F1 visa using GRE exam

Why would the universities fail them on these exams, when it would mean losing out on that sweet, sweet tuition money?

gmueckl 4 hours ago | parent | prev | next [-]

But Visa applications need to prove English proficiency already. So it's somehow neither here nor there.

pandaman an hour ago | parent | prev | next [-]

>and no language tests

English test is a requirement for naturalization, which is governed by the same INA, which governs H1B and other visas.

naturalmovement 4 hours ago | parent | prev | next [-]

EO 14224 designates English as the official language of the US.

generj 4 hours ago | parent [-]

Which is clearly illegal.

Congress would need to declare any official language(s). Moreover, by treaty and law (NALA of 1990) obligations to Native American tribes there must be more languages than merely English.

DANmode 4 hours ago | parent | prev | next [-]

> This is a hiring issue, not a legal one.

When the law specifically dictates stuff like the talent of the person, I’m not convinced you’re correct.

readthenotes1 4 hours ago | parent | prev | next [-]

The US has an official language, and there are now language tests for some occupations

bee_rider 4 hours ago | parent [-]

The executive branch has been instructed to act like we have an official language, but Congress hasn’t passed any law on the matter.

panny 4 hours ago | parent | prev [-]

>The US has no official language

Oh but it does. And it's English,

https://www.federalregister.gov/documents/2025/03/06/2025-03...

bee_rider 4 hours ago | parent | next [-]

That’s just an Executive Order. Executive Orders are instructions to the executive branch, not the country itself (obviously, the president doesn’t have that ability). Congress hasn’t passed a law establishing an official language in the US.

free652 4 hours ago | parent | prev | next [-]

I dont think an EO can do that, so at most just executive agencies. Meaning the 2 other branches can ignore it.

parrellel 4 hours ago | parent | prev [-]

I don't believe Trump's wacko EOs are binding law. Like, the Gulf of Mexico is still the Gulf of Mexico. The DoD is still the DoD.

No reason to give the fascist LARPers the respect. Just don't give the poor clerk forced to regurgitate the junk a hard time.

newfriend 2 hours ago | parent [-]

or DACA?

parrellel an hour ago | parent [-]

Honestly, Executive Orders in general are dysfunctional cludge. I feel less bad about things like DACA, since that's trying to fix something broken instead of wrecking things for no useful reason (or acting to puff up a sick ego) ... but hell no, that should have been a proper law.

throwaway85825 4 hours ago | parent | prev | next [-]

Any legal barrier will just be cheated around.

panny 4 hours ago | parent | prev | next [-]

>Rigorous examinations for English fluency and for competency in their alleged field of expertise would be a good start.

I have a good friend who came in as H1B and is now a citizen. I have also worked with many H1Bs who were absolutely terrible and definitely shouldn't be in the country. What I've noticed is that the key difference seems to be which country you are from. He is from a first world country with education standards. The ones who were no good came from the third world where fake diplomas are for sale cheap. It won't matter what qualifications we screen for if the third world happily prints up those fake qualifications for a small fee. I was sent so many candidates to interview who knew absolutely nothing, but they shamelessly put the proper keywords on their resume.

readthenotes1 4 hours ago | parent | prev | next [-]

Many of the people I grew up with "barely speak intelligible English". Communication is important and the easiest way to fix that is to bring people from your linguistic group to be a coworker....

pastel8739 4 hours ago | parent | prev [-]

> I have several H1B coworkers in the US who barely speak intelligible English, and who barely understand normal conversation let alone anything technical.

English fluency is certainly not a requirement for fluency in any technical field. Perhaps you mean that they cannot understand _your_ descriptions of technical topics, though

JCTheDenthog 4 hours ago | parent [-]

Seeing as my Russian, Ukrainian, Belarusian, Mexican, French Canadian, and Brazilian coworkers don't seem to have these issues with me I don't think the issue is with my explanations.

sometimes_all 3 hours ago | parent [-]

Funny, when I was in the US, my Russian, Ukrainian, Chinese, Mexican, French, British, and 99% of the American coworkers had absolutely zero issues with my Indian accent, except that one American guy who would ask me to keep repeating even though the rest of the room had already understood and processed what I said.

The problem likely lies deeper than just the accents; and by the way, the English requirement (including a verbal test) is already set in place for most of the workers. The regular halfway-decent ones will likely already have TOEFL scores hovering around at minimum the high 100s, and in the non-university hiring pipelines I have seen, the English/ESL tests seem to be common if you are not from an English-speaking country, so if you are seeing people where nobody can understand what they are saying, you need to take a better look at your employer's hiring practices.

ralph84 4 hours ago | parent | prev | next [-]

Two rules:

1. No subcontracting. Visa recipients must work directly for the visa sponsor.

2. No layoffs. Any company that does a mass layoff is banned from sponsoring new visas for 5 years.

naturalmovement 4 hours ago | parent | prev | next [-]

There is no abuse. That's why tech companies recruit for software positions in the back pages of a gay mag in Salt Lake City and require resumes sent by postal mail.

kevin_thibedeau 4 hours ago | parent | prev | next [-]

Disqualify consulting firms from "hiring" H-1Bs. You should be employed directly by the business needing the skilled guest worker.

anon291 4 hours ago | parent | prev | next [-]

Only allow American firms to use H1-B. Most of the H1-B abuse is from the Indian 'WITCH' companies. Why foreign firms are allowed to hire foreign workers in the US is beyond me. For training / administration, there should be another visa type which does not confer family benefits and cannot progress to greencard or whatever.

BUT... at the end of the day, the solution must be passed by congress. Have we all forgotten about Congress since they stopped doing anything?

chupchap 4 hours ago | parent [-]

All of them have US subsidiaries and Cognizant is an US listed company.

anon291 2 hours ago | parent [-]

I mean ... Come on we know what's really going on here.

alephnerd 5 hours ago | parent | prev [-]

There are multiple [0], but the announcement of this policy helped overshadow the announcement of the Trump Gold Card at the exact same time [1].

[0] - https://news.ycombinator.com/item?id=45312908

[1] - https://www.pbs.org/newshour/politics/trump-signs-proclamati...

amazingamazing 5 hours ago | parent | prev | next [-]

Why can’t Americans do these jobs?

JCTheDenthog 5 hours ago | parent | next [-]

They can, which is why many companies do the bare minimum malicious compliance to claim thet they attempted to hire Americans for these jobs. Things like ads in the local newspaper that 99% of qualified Americans will never see:

https://www.newsweek.com/h1b-job-ads-green-cards-targeted-im...

pton_xd 4 hours ago | parent | next [-]

Those newspaper tech job ads have been going on for at least the last... 20 years. When you see those, the company already has the role filled, they just need a justification for the visa. "We tried to find a US worker but failed!" Which honestly may or may not be true, I think the ad is just standard procedure at this point.

throwaway85825 4 hours ago | parent [-]

Fraud and dishonesty is the SOP. Whole thing needs to be burned down.

bijowo1676 3 hours ago | parent [-]

If you are willing to discuss and argue with arguments, I can prove that the whole critique of H1B is nothing more than racism, hatred, and bigotry, from the people who are worst and least qualified to talk about the subject

throwaway85825 3 hours ago | parent [-]

Surely the malicious compliant job ads are proof positive that everything is above board.

bijowo1676 3 hours ago | parent [-]

job ads in local paper are requirement by the DOL.

it is a goodwill compliance, not malicious. You are again just being racist and uneducated about the subject and reasons for that requirement

throwaway85825 3 hours ago | parent [-]

We have very different ideas of what 'goodwill' looks like.

bijowo1676 3 hours ago | parent [-]

have you considered asking DOL (staffed by White Americans) and Congress (staffed by White Americans) why they have that requirement, instead of blaming foreigners ?

throwaway85825 3 hours ago | parent [-]

Why do you assume everyone who works for the government is white?

bijowo1676 3 hours ago | parent [-]

I'm not assuming, I am speaking from knowledge. Congress has always been mostly white, as do DOL leaders, this is especially true for current administration

throwaway85825 3 hours ago | parent [-]

So your position is that it's 'white people's fault'?

bijowo1676 4 hours ago | parent | prev [-]

the newspaper ad is not for H1B, it is for PERM process, which is different.

Second, the local newspaper requirement is created by the Dept of Labor itself, specifically to protect local workers in the area where Labor Market Test is being done!!!

It is not malicious compliance by firms, it is goodwill compliance by firms, to whatever DOL requires them to do. Dont like it? ask your DOL why.

Third, paper ads create audit trail that DOL wants, they dont recognize e-boards like linkedin/indeed as their audit trail is considered "soft"

Wobbles42 5 hours ago | parent | prev | next [-]

Being deported if you get fired is a basic job requirement. Keeps people in line.

Americans can't compete with that.

ericmay 5 hours ago | parent [-]

Well they can compete with that.

Being fired means you lose healthcare and much needed benefits and of course a paycheck and all of that stuff, right? If you're going to take this wildly cynical approach you should at least do a more proper comparison....

bitmasher9 4 hours ago | parent | next [-]

I think forcing this comparison shows a lack of empathy for how compromised of a position the H1B really is.

If I lose my job I have unemployment insurance, cobra benefits, personal savings, and I don’t require another employer to sponsor my visa. If I lose my job the most likely outcome is I find another one after searching a few months.

If someone on an H1B visa loses their job the most likely outcome is they are forced to leave the country.

ericmay 4 hours ago | parent [-]

Well, truthfully I don't really care all that much about it any more than I do any other problems that people generally experience. It's even more tragic that someone has an H1B means other folks don't - aren't their lives even worse for not having the opportunity that someone else does? Can the H1B visa holder even compete with the person denied the H1B?

The reason I wrote this comment is because the OP itself decided it was warranted with this cynical comment to suggest Americans don't work hard because oh if they get fired well they just find another job but the H1B visa holder gets gasp deported. But this itself diminishes the stresses and experience of those who don't find that other job, or don't find that replacement tech job, or any other devastating affects that someone experiences from job loss. Yea you might have a few months of COBRA benefits, but then what? You might not even have any savings because of some emergency that occurred. What's worse, being deported after a couple of months or becoming homeless in America? What if you're deported to Australia or Japan? Why are you or others assuming a happy ending for someone laid off in America but assuming the worst case scenario for an H1B visa holder and then comparing the two in that way?

bitmasher9 2 hours ago | parent [-]

Yeah, sounds like your situation is insecure too. That really sucks.

lmm 4 hours ago | parent | prev [-]

> Being fired means you lose healthcare and much needed benefits and of course a paycheck and all of that stuff, right?

I think there's some law that lets you stay on health insurance for a few months at least, and you can save up as a countermeasure to the loss of the paycheck. Bad as it is it's not comparable to getting deported after a couple of months.

ericmay 4 hours ago | parent | next [-]

Hard to say how directly they can compare, and it probably depends on the individual situation and of course their line of work and other such items. In the woe-is-me olympics they both seem pretty awful and, one might even say, competitive in terms of how awful they are. Maybe being deported means you go back to France or Canada or something.

usefulcat 4 hours ago | parent | prev [-]

> I think there's some law that lets you stay on health insurance for a few months at least

Yes, but often you will have to pay the full cost in order to do so, which will be difficult for many people after having lost their source of income..

genxy 5 hours ago | parent | prev | next [-]

Because they were laid off?

reactordev 5 hours ago | parent | prev | next [-]

We can, that's not the purpose of this.

protocolture an hour ago | parent | prev | next [-]

They arent capable.

olyjohn 4 hours ago | parent | prev | next [-]

Maybe there aren't a ton of people in Alaska?

epistasis 5 hours ago | parent | prev | next [-]

Anti-immigration policy blocks them from being Americans.

I know an awful lot of skilled people that live in the US, pay high taxes, and for whose lives have been thrown into disarray by backwards, anti-immigration policy like this illegal $100k fee, but it's just the beginning of the ways that anti-immigration policy is being used to make the US far weaker, just in order for pyrrhic harm to immigrants. I'm pissed about it.

JCTheDenthog 5 hours ago | parent | next [-]

>Anti-immigration policy blocks them from being Americans.

Yes, because the citizens of a country (through their elected representatives) have absolute control over who they choose to allow into their country. Even blocking a brilliant surgeon or inventor, if they so choose. There is no moral right to come to America (or any other country).

epistasis 4 hours ago | parent [-]

Saying "I have absolute control" is not a justification for making bad decisions that hurt the US. Furthermore, it was never a question of the US had a right to make these decisions, of course it does.

Do you find the argument "I have the right to make any decision I want therefor it justifies bad decisions" convincing? I sure don't.

NoMoreNicksLeft 2 hours ago | parent | next [-]

>Saying "I have absolute control" is not a justification for making bad decisions that hurt the US.

How is it a bad decision that will hurt the US? Can you make that argument on its merits? No one doubts that there isn't that one genius here or there

Last year, right here on HN I saw a headline where the "powers that be" wanted to increase Canada's population to 100 million (they currently sit at 30ish million). Is that a good decision for Canada? Where the fertility rate is so low population is shrinking? Like, do they need another 65 million people? Are there 65 million jobs going undone in Canada right now? Jobs that desperately need doing? The plan's the same for the United States, even if no one was careless enough to blare a similar headline from trumpets.

throwaway85825 3 hours ago | parent | prev [-]

Bad decision for who? Their best interest is not your interest, no matter how you browbeat them.

roarcher 5 hours ago | parent | prev [-]

> I know an awful lot of skilled people that live in the US

If they already live in the US, they're not applying for an H1B.

epistasis 4 hours ago | parent [-]

That's false. You can apply for an H1B while in the US (unless there has been another recent and random change to long standing policy for no reason except to make lives miserable).

H1B renewals are also common, and happen within the US.

BenFranklin100 5 hours ago | parent | prev | next [-]

First, I think the H1B does need genuine reform to keep the big companies from gaming the lottery system.

Having said that, I’m not sure banning H1Bs or immigrants in general is going to help American workers. Take tech for instance. Many tech leaders are immigrants. If they hasn’t taken in the Jensen Huang’s, Sergei Brin’s, Sundar Pichai, etc… the companies they lead and jobs they created would be elsewhere. It’s amazing how immigrants have shaped the US tech scene:

https://www.forbes.com/sites/stuartanderson/2026/06/03/immig...

Second, when you ban immigrants/H1B, companies get around the ban by outsourcing to foreign countries.

https://www.forbes.com/sites/stuartanderson/2017/06/10/if-yo...

kevin_thibedeau 4 hours ago | parent | next [-]

The 45th president was supposed to deliver that reform. Then they went all out and... commissioned a study. Then they did nothing, once the puppet masters let it be know they didn't want to lose their servile work force chained to their visas with a green card dangled in front of them.

Dig1t 4 hours ago | parent | prev [-]

They raise the cost of housing and suppress wages. The people who benefit from immigration are the billionaire class.

Sundar Pichai is a terrible example, he presided over the enshittification of Google and led the company basically nowhere. Satya Nadella is a similar story for Microsoft. The real reason Google is turning around on AI is because the founders quietly returned and have been leading the charge internally to save Google.

>the companies they lead and jobs they created would be elsewhere.

1/2 of Google's founders were Americans born in the US and the search industry already existed before Google was founded. I don't think there's a real argument that the search industry would have been founded anywhere else other than in the US. There's virtually no chance that had Sergei Brin's family stayed in Moscow, that Google would have been founded in Moscow and all of Google's jobs would today somehow exist in Russia. Same goes for Nvidia and all of these other companies. Silicon Valley was already a booming hub which had invented almost all of the foundational tech that today's computing industry was built on. It was built by Americans and regardless would have continued to be built by Americans.

BenFranklin100 4 hours ago | parent [-]

“It was built by Americans and regardless would have continued to be built by Americans.”

The xenophobic ignorance of this sentence is breathtaking. America, of all places, is a nation built precisely by immigrants.

throwaway85825 4 hours ago | parent [-]

Settlers not immigrants. Immigrants come to a country and people that already exist. Settlers build anew.

BenFranklin100 3 hours ago | parent | next [-]

Historically then, unless you are a Native American, you are an immigrant.

Perhaps it’s time for to GTFO? Is that the message?

Hacker News really resembles a MAGA rally at times

throwaway85825 3 hours ago | parent [-]

When the plymouth colony was established the amerindian population was greatly reduced due to disease that swept through <5 years before. The colonists found many empty villages.

https://youtube.com/playlist?list=PL5xp7B7ISI1DymhuoGuoN_WWl...

peyton 3 hours ago | parent | prev [-]

Refugees is maybe more accurate when it comes to country. We sprouted out of the social scene that was displaced by the English Civil War.

throwaway85825 3 hours ago | parent [-]

And the wars of religion generally. Eg, the Dutch in Pennsylvania and hugenots.

dboreham 4 hours ago | parent | prev | next [-]

TFA is about teachers in Alaska. I'm guessing from a brief skim that no Americans want to be school teachers in Alaska for the money local school boards are offering.

This actually highlights two dumb things about the USA: prejudice against immigrants, and unwillingness to fund education.

Telemakhos 4 hours ago | parent | next [-]

This sounds like a self-correcting problem, if you don't allow immigration. Schools will have to pay more for teachers, which will raise salaries for native born teachers, instead of paying a lower rate to someone on a temporary work visa.

The matter is a little more complicated than that, because Alaska also has some of the nation's most stringent licensure requirements with no alternative routes for high-demand low-supply subject area teachers. You could probably relax those artificial barriers to employment and get more Alaskans teaching without raising the salary as much as if you kept the licensure requirements. You could also promise student debt relief for teachers who serve in rural areas for a certain length of time.

bijowo1676 2 hours ago | parent [-]

>student debt relief

It already exists its called PSLF

Alaska is already one of the top states for educator pay, and as you know how US government has continioualy failed to solve problems by throwing more money at it, you know more money will simply cause more general inflation and will never solve it.

US already spends more for education with worse results

trelane 4 hours ago | parent | prev [-]

> unwillingness to fund education.

"The United States spent $15,500 per FTE student at the elementary/secondary level, which was 38 percent higher than the average of OECD countries3 reporting data ($11,300). The United States had the fifth highest expenditures per FTE student at the elementary/secondary level in 2019 after Luxembourg, Norway ($18,000), and Austria and the Republic of Korea ($15,900 each)."

Source: https://nces.ed.gov/programs/coe/indicator/cmd/education-exp...

phendrenad2 4 hours ago | parent | prev | next [-]

Because in America, the boomers' retirement accounts are partially funded by insane college tuition (through insane college services and textbooks), so college has essentially become a guaranteed debt trap that gives you a lottery ticket to maybe be in the top 1%.

seibelj 5 hours ago | parent | prev | next [-]

They post the jobs in physical newspaper classifieds in the middle of nowhere, and do not post the job on their normal website, because if they posted a real job they would get hundreds of applicants immediately. It’s a fraud but it was tolerated until recently

curtisf 5 hours ago | parent | prev [-]

The H1B visa is explicitly designed for high skill (high paying) jobs which companies have (supposedly) demonstrated they cannot find enough citizen workers.

There are much simpler mechanisms to making that would make the enforcement mechanism more effective without destroying the economy, like prioritizing them by salary instead of randomly.

You could also just have a more proactive government which punishes businesses for abusing the visa category.

"Immigrants taking good jobs" isn't an immigrant problem, it's a big-business problem

JCTheDenthog 4 hours ago | parent [-]

>There are much simpler mechanisms to making that would make the enforcement mechanism more effective without destroying the economy, like prioritizing them by salary instead of randomly.

The Trump admin already did that too:

https://www.uscis.gov/newsroom/news-releases/dhs-changes-pro...

a34729t 2 hours ago | parent | prev | next [-]

Heaven forbid we could pay better! Something something market signals... not like Alaska is hurting for money.

jameson 4 hours ago | parent | prev | next [-]

It's more alarming that US doesn't have enough skilled teachers in the nation that we have to hire from overseas.

Education is an investment to the future generation and must not be overlooked.

horns4lyfe 4 hours ago | parent [-]

That’s not even remotely the case. We just don’t have enough people willing to move to rural Alaska.

jameson 4 hours ago | parent | next [-]

I'm sure the supply will go up if extra $$$ is paid.

QGQBGdeZREunxLe 43 minutes ago | parent | next [-]

Not sure Alaska with it's threadbare tax regime is going to do that.

SXX 2 hours ago | parent | prev [-]

Except you'll have to spend way more than $100,000 to incentify US citizen from a city to move there and stay.

And they not gonna have the same near slave H1B conditions where changing their job is just impossible..

H1B workers in IT even have an option to find a new visa sponsor, but nobody needs foreign teacher with H1B in California or Texas or basically anywhere else.

annzabelle 43 minutes ago | parent [-]

I have to wonder if some kind of fly in fly out arrangement like is used for a lot of other jobs in undesirable locations would work. I've got a friend who's a nurse/paramedic in an indigenous community in the australian outback, and he works 6 weeks in the community with a per diem and company house, and then has 6 weeks to travel or live in Brisbane between stints. A school could do quarterly swaps of teachers, so there's a Q1/Q3 teacher and a Q2/Q4 teacher each working 9 weeks at a time.

throwaway85825 4 hours ago | parent | prev [-]

...for the given price.

albert_e 3 hours ago | parent | prev | next [-]

Also a ruling in Boston:

https://www.reuters.com/world/trumps-100000-h-1b-visa-fee-is...

> BOSTON, June 8 (Reuters) - A federal judge on Monday struck down a $100,000 fee U.S. President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax Congress never authorized.

> U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas, which tech companies in particular rely heavily on to bring on foreign workers.

apt-apt-apt-apt 4 hours ago | parent | prev | next [-]

Misleading title, implies national but only for one state

losvedir 4 hours ago | parent | next [-]

No, the article has an Alaska focus because it's some Alaskan news agency, but I believe it's a nation-wide block. The judge in question is based in Massachusetts.

Side note, but I'm sort of surprised that this "level" of judge (I think there's almost 700 of them in the country) is able to block these orders. It seems like almost no executive order is possible if you need a unanimous agreement of 700 people.

returningfory2 3 hours ago | parent [-]

Recently the Supreme Court has curtailed these nationwide injuctions: https://www.scotusblog.com/2025/06/supreme-court-sides-with-...

albert_e 3 hours ago | parent | prev | next [-]

There was a ruling in Boston also, reported separately.

> U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September

https://www.reuters.com/world/trumps-100000-h-1b-visa-fee-is...

https://edition.cnn.com/2026/06/08/politics/federal-judge-vo...

QGQBGdeZREunxLe 42 minutes ago | parent | prev [-]

States don't regulate immigration.

SilverElfin an hour ago | parent | prev | next [-]

The ruling was from a judge on the United States District Court for the District of Massachusetts, and was an Obama appointee. The case was brought by 20 Democratic-controlled states, led by California Attorney General Rob Bonta (D) and Massachusetts Attorney General Andrea Campbell (D).

The judge relied on the Supreme Court’s 2012 decision (https://en.wikipedia.org/wiki/National_Federation_of_Indepen...), which said that Obamacare’s individual mandate was a lawful use of Congress’s authority to enact taxes. And this judge rules that the H1B “fee” is a tax and not a penalty or whatever the administration is calling it. It notes that the defendants (the Trump administration) tried to label it as a “regulatory payment” and not a tax. And the ruling says that the administration’s own labels do not matter, and that the substance of what the fee is does matter, and the substance is that it is a tax.

PDF of this new H1B ruling: https://storage.courtlistener.com/recap/gov.uscourts.mad.293...

alephnerd 5 hours ago | parent | prev | next [-]

This is great news for healthcare, academia, and engineering subdisciplines that don't have the margins to support a $100K per application fee.

That said, Trump's announcement has done lasting damage to tech hiring in the US because it's set a price floor for opening a GCC (Global Capacity Center), which subsidizes in the CEE (Central and Eastern EU States), Israel, and India can outcompete most of the US excluding the Bay and NYC where the preexisting ecosystem's network effect negates it's impact.

horns4lyfe 4 hours ago | parent | next [-]

So your argument is we have to give American jobs to foreigners here in America or they’ll take them overseas? Pardon me if I’m not convinced

snihalani 5 hours ago | parent | prev | next [-]

What's a GCC/CEE?

jojobas 4 hours ago | parent | prev [-]

It's awful news for all of these, it vacates any attempts to force these industries to make themselves attractive for Americans.

ApolloFortyNine 5 hours ago | parent | prev [-]

I thought locking down H1Bs actually had bipartisan support?

How can you argue there aren't enough jobs, and support H1Bs to fill jobs?

I can see Alaska's case since encouraging people to move there very well may be a requirement, but surely there's somewhere between $0 and $100k that would convince someone to move there.

fhfbfbtbt 5 hours ago | parent [-]

You’re putting words in people’s mouths. The fact that people oppose this solution doesn’t mean they disagree with the problem. We oppose it because it’s stupid; it’s the first solution that a dim-witted eight-year-old would’ve come up with.

The program needs to be reformed so it only applies to people with skills that genuinely cannot be found domestically.

Given the difference in expected engineering salaries for many citizens/permanent residents and foreigners/temporary residents, $100,000 is not an effective way of making that happen.

horns4lyfe 4 hours ago | parent | next [-]

If people that think like you had actually done something about it, then we wouldn’t be to this point. But at this point the only people taking action are trumps, and if that’s the only solution being offered, it will be taken. The conversation here is mild, get the room temp on this issue outside of lib tech circles and you’ll see

mindslight 2 hours ago | parent [-]

So after 4 years, or whenever this con man finally has the decency to keel over, is everyone who supported these performative non-solutions simply to "be heard" (or however else they frame their emotional release) going to own up to the fact that they've burnt all the political capital on the issues they care about? Or are they going to blame their predictable failures on "libuhruls" and go right back to whinging while waiting for the next con man who might pay them lip service?

jojobas 4 hours ago | parent | prev [-]

If you genuine shortage is not worth some 33k a year, it's not a genuine shortage.