(cache) Computer programmers may no longer be eligible for H-1B visas - Axios
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Computer programmers may no longer be eligible for H-1B visas

U.S. Citizenship and Immigration Services quietly over the weekend released new guidance that computer programmers are no longer presumed to be eligible for H-1B visas.

What it means: This aligns with the administration's focus on reserving the temporary visas for very high-skilled (and higher-paid) professionals while encouraging low- and mid-level jobs to go to American workers instead. The new guidance affects applications for the lottery for 2018 fiscal year that opened Monday.

What comes next: Companies applying for H-1B visas for computer programming positions will have to submit additional evidence showing that the jobs are complex or specialized and require professional degrees. Entry-level wages attached to these visa applications will also get more scrutiny. The change appears to target outsourcing companies, who typically employ lower-paid, lower-level computer workers.

Lawsuits possible: Releasing this policy change at the start of the application filing window is going to rankle companies who used 17-year-old policy guidance to apply for this year's visas. Some companies may challenge the guidance on the grounds that USCIS didn't provide sufficient notice of the change.

UPDATE (6:15 pm Eastern): A USCIS spokeswoman said the guidance is "not a policy change" and is just clarifying existing policy for a Nebraska service center.

  • But an immigration attorney following this process said the memo would increase scrutiny for H1-B applicants for the computer programmer job category. The attorney added that most Silicon Valley companies don't hire entry level programmers, and so the real impact of the change would be felt by offshore companies. "It's not an unsubstantial development," he said.
  • There is some confusion over the impact of the new guidance. Bloomberg says it would "bring more scrutiny to [applications] for computer programmers doing the simplest jobs." Endgadget reports a misinterpretation of the guidance "caused many to panic" but programmers can still qualify for H-1B visas.
  • Separately, USCIS announced new measures today to rein in abuse of the H-1B program.

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The highlights from Spicer's Monday briefing

Lazaro Gamio / Axios

Spicer was joined by U.N. Ambassador Haley and Treasury Secretary Mnuchin, who announced sanctions against 271 scientific employees from Syria to punish the Assad regime for its sarin gas attack. Other takeaways:

  • Government funding deal: Trump wants increased military funding and increased security, said Spicer, who said the White House remains "very confident" the government won't shut down.
  • Trump's 100 days: Spicer says there will be briefings this week to lay out the "unbelievable" progress made.
  • The 3% goal: Mnuchin said "3% or higher sustained economic growth" is the target, claiming the plan "will pay for itself with economic growth."
  • Timing of new healthcare bill: "This week, next week or the week after... whenever Ryan & GOP leaders have the votes."
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Obama's life tips for the next generation

Charles Rex Arbogast / AP

Barack Obama spoke at the University of Chicago Monday in his first public appearance since leaving office. He kicked it off by asking the audience: "So, uh, what's been going on while I've been gone?"

His big picture: After a lot of contemplation he's decided his next job should be to "prepare the next generation of leaders."

  • Marriage advice: "Just a tip for all you young folks... listening to understand not listening to respond — that'll save you a lot of heartache and grief."
  • "I probably wouldn't have been President" said Obama, if photos of him from high school were subject to the type of social media scrutiny that exists today. He warned: "Be careful with those selfies."
  • "I'm old... but please, continue," he interjected when a panelist noted that he was in 8th grade during Obama's first presidential election.
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FCC chief to unveil plan to roll back net neutrality rules

Robin Groulx / Axios

Republican FCC Chairman Ajit Pai intends to reveal a proposal this week to dismantle the legal foundation of the agency's sweeping 2015 net neutrality rules, according to four sources.
The gritty details: He'll lay make a high-level case against his predecessor's move to reclassify broadband service as a utility in a speech Wednesday, sources said. Expect him to reiterate his argument that the 2015 rules have spooked internet providers, causing them to invest less in their infrastructure.
The even grittier details: Pai's proposal would reverse the reclassification of broadband service and explore in an open-ended way how to replace the 2015 rules, according to multiple sources. After the FCC votes on the measure at it's May meeting, the public, outside groups and companies will be able to comment on Pai's proposal in what is certain to be a contentious debate.
Those rules are best known for stopping internet providers from slowing or blocking content or providing fast lanes. Pai is said to have previously floated to industry groups the idea of having internet service providers voluntary agree not to engage in those activities, with those promises being enforced by the Federal Trade Commission.
An FCC spokesman declined to comment beyond confirming Wednesday's speech.
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Anthem is dumping Express Scripts

Jeff Roberson / AP

Pharmacy benefit manager Express Scripts said Monday it is going to lose its largest client, health insurer Anthem. Investors did not take the news well, as Express Scripts' stock crashed by more than 10% after hours.

The two companies have been engaged in a nasty legal feud in which Anthem accused Express Scripts of extracting massive windfalls from drug company rebates but not passing those savings along. Anthem had demanded billions of dollars in rebates but decided to end the relationship completely once the contract expires at the end of 2019. Anthem also rejected Express Scripts' offer to pass back $3 billion in exchange for a contract extension.

Why this matters: This is a huge blow for Express Scripts. Anthem represents 18% of its revenue and one-third of its adjusted earnings. And Anthem may have had a point based on this data point: Express Scripts made $10.24 in adjusted profit per claim from Anthem in 2016, compared with $5.16 per claim from all of its clients.

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Most Yahoo execs will be out after Verizon deal

Eric Risberg / AP

Most of Yahoo's executives, including CEO Marissa Mayer, won't be with the new company, Oath, once the acquisition is completed in June, according to USA Today. The company is planning to announce a new slate of executives on Tuesday.

New lineup: Oath will be led by AOL CEO Tim Armstrong, who will be joined by two Yahoo executives, senior vice president of communications products Jeff Bonforte, and senior vice president of publisher products Simon Khalaf.

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French bellwether town backs Le Pen

The French town of Donzy that has correctly predicted presidential elections for the past four decades went for Marine Le Pen, the right-wing nationalist, in the first round.

Data: FranceInfo; Chart: Andrew Witherspoon / Axios

Breaking down the numbers: Emmanuel Macron, a centrist and former economy minister, won nationally by about 2%, but Donzy backed Le Pen by more than 7%.

Why it matters: Donzy has historically been a bellwether, and if it's right this year we're just two weeks from President Le Pen. That's despite predictions from top pollsters that Macron will win easily. That said, neither Macron nor Le Pen are representing traditional parties, so the Donzy Rule may not hold.

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Trump gets facts wrong on DNC cybersecurity company

Susan Walsh / AP

President Trump told the Associated Press that a cybersecurity company hired by the Democratic National Committee to examine last summer's hacks is based in Ukraine and "owned by a very rich Ukranian." Neither claim is true.

Keep reading ... words

From the AP transcript:

TRUMP: Why wouldn't (former Hillary Clinton campaign chairman John) Podesta and Hillary Clinton allow the FBI to see the server? They brought in another company that I hear is Ukrainian-based.
AP: CrowdStrike?
TRUMP: That's what I heard. I heard it's owned by a very rich Ukrainian, that's what I heard. But they brought in another company to investigate the server. Why didn't they allow the FBI in to investigate the server? I mean, there is so many things that nobody writes about. It's incredible.

The facts: CrowdStrike actually is based in Irvine, California. Its major shareholders are U.S.-based venture capital firms, including one affiliated with Google. Another investor is Warburg Pincus, a private equity firm that used to employ Trump economic advisor Kenneth Juster.

CrowdStrike's reply: The company says that it assumes Trump's comment is in reference to CrowdStrike co-founder and chief technology officer Dmitri Alperovitch, who is an American citizen of Russian heritage.

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Trump's budget-busting ask on corporate tax rates: 15%

Andrew Harnik / AP

The Wall Street Journal scoops that President Trump privately told staff he wanted them to prioritize massive tax cuts even if they add to the deficit. Trump, who wants to slash the corporate rate to 15%, reportedly made the comments in an Oval Office meeting last week.
Why this matters: We told you recently about the "candy option" for tax reform — all the goodies, with none of the pain. Nothing says "candy" like offering huge tax cuts with no new revenue streams to pay for them. A top Senate source said Trump's tax plan could easily blow a $3 trillion hole in the budget, if he does massive cuts and includes the "Ivanka credit" for childcare.
Keep reading ... words

A few problems: Most Republicans won't stand for a plan that makes them look fiscally reckless. Also, it's hard to see how such major cuts would become permanent. The Republicans will likely use a "reconciliation" bill to pass tax reform. This has the advantage of being able to pass the Senate with 51 rather than 60 votes, but its rules dictate that for the cuts to last beyond 10 years they can't add to the deficit. It's difficult to see how even the most optimistic economic growth projections could make up for that loss of income.

Between the lines: It's all but official that the so-called "border adjustment tax" is dead. It's the centerpiece of Paul Ryan's House Republican tax plan, and it would raise more than $1 trillion over 10 years by hiking taxes on imports. Nationalists in the White House, including Steve Bannon, love the idea. They see it as an American nationalist tax — hindering foreign importers and helping companies that build stuff in America. But it looks like opponents of the idea, a group that includes about the entire U.S. Senate, have won on this one.
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Tesla plans to double charge station network in 2017

Pixabay

Tesla plans to double its network of charging stations this year, the company said on Monday. It will make existing locations bigger so more cars can charge at the same time, as well as add new ones.

The numbers:

  • Goal of 10,000 Superchargers (fast-charging stations that can provide 170 miles of charge in half an hour), up from current 5,000
  • Goal of 15,000 Destination Charging connectors (stations at hotels, restaurants, etc.)
  • North American Superchargers will increase by 150%, will add 1,000 in California

Why it matters: One of the big drawbacks to electric vehicles like Tesla's is the fear that it won't have enough charge to reach the driver's destination and there won't be a charging station nearby. But one challenge this won't help solve is Tesla's backlog of drivers who just want to purchase the company's new and less expensive car.

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Marine Le Pen steps down as leader of the National Front

Michel Euler / AP

Marine Le Pen announced today that she's temporarily stepping aside as leader of her party, the far-right National Front, after securing a place in the second round presidential election on May 7.

Don't freak out: She's still in the race — this is just a savvy PR stunt. The National Front is still toxic to many in France. Le Pen's father, Jean-Marie, got destroyed in 2002's second round, garnering just 17.8% of the vote, and she is trailing Emmanuel Macron by upwards for 20 points in head-to-head polls. This is Le Pen's attempt to change the game and appeal to the widest base possible.

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U.S. sanctions 271 Syrian scientists for chemical attack

Alaa Alyousef via AP

Treasury Secretary Steve Mnuchin announced Monday the Treasury Department will be levying sanctions against 271 employees of the Syrian government agency that produces non-conventional weapons, the Syrian Scientific Studies and Research Center.

The details: This set of sanctions prevents the U.S. and Americans from doing business with those agency employees. Mnuchin said the sanctions were intended to prevent the spread of chemical weapons.

Why they matter: This comes in response to the Syrian chemical weapons attack from earlier this month as a way to "hold the Assad regime accountable for its unacceptable behavior." The Treasury had already imposed sanctions on 18 Syrian officials and five branches of its military on January 12th.

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Featured Facts Matter

Getting to Mars on Trump's 2025 deadline

The issue:

In a call with the International Space Station today, President Trump said that he'd like to get astronauts to Mars "at worst, during [his] second term."

The facts:

Public: The Orion program, the Space Shuttle's successor designed to take humanity out of low-Earth orbit, doesn't have a crewed mission scheduled until 2021, and it's likely to be delayed until at least 2023. NASA won't commit to a firm estimate for a planned Mars mission, saying it hopes it'll launch in the 2030s.

Private: SpaceX's Interplanetary Transport System had been scheduled to launch its first crewed mission in 2024, but that was contingent on a schedule with a first launch to Mars in 2018 — with a spacecraft that isn't scheduled to have its first orbital test until later this year.

Why it matters:

Trump's proposed NASA budget kept Mars funding intact, and political willpower goes a long way in shrinking the notoriously long timescales for spaceflight.

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