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Following policy adjustments by the U.S. Citizenship and Immigration Services (USCIS) in January, more foreign-born workers in science, technology, engineering, and math (STEM) fields are able to live and work permanently in the United States. "The jump comes after USCIS in January 2022 tweaked its guidance criteria relating to two visa categories available to STEM workers," reports Science Magazine. "One is the O-1A, a temporary visa for 'aliens of extraordinary ability' that often paves the way to a green card. The second, which bestows a green card on those with advanced STEM degrees, governs a subset of an EB-2 (employment-based) visa." From the report: The USCIS data, reported exclusively by ScienceInsider, show that the number of O-1A visas awarded in the first year of the revised guidance jumped by almost 30%, to 4570, and held steady in fiscal year 2023, which ended on 30 September. Similarly, the number of STEM EB-2 visas approved in 2022 after a "national interest" waiver shot up by 55% over 2021, to 70,240, and stayed at that level this year. "I'm seeing more aspiring and early-stage startup founders believe there's a way forward for them," says Silicon Valley immigration attorney Sophie Alcorn. She predicts the policy changes will result in "new technology startups that would not have otherwise been created." President Joe Biden has long sought to make it easier for foreign-born STEM workers to remain in the country and use their talent to spur the U.S. economy. But under the terms of a 1990 law, only 140,000 employment-based green cards may be issued annually, and no more than 7% of those can go to citizens of any one country. The ceiling is well below the demand. And the country quotas have created decades-long queues for scientists and high-tech entrepreneurs born in India and China. The 2022 guidance doesn't alter those limits on employment-based green cards but clarifies the visa process for foreign-born scientists pending any significant changes to the 1990 law. The O-1A work visa, which can be renewed indefinitely, was designed to accelerate the path to a green card for foreign-born high-tech entrepreneurs. Although there is no cap on the number of O-1A visas awarded, foreign-born scientists have largely ignored this option because it wasn't clear what metrics USCIS would use to assess their application. The 2022 guidance on O-1As removed that uncertainty by listing eight criteria -- including awards, peer-reviewed publications, and reviewing the work of other scientistsâ"and stipulating that applicants need to satisfy at least three of them. The second visa policy change affects those with advanced STEM degrees seeking the national interest waiver for an EB-2. Under the normal process of obtaining such a visa, the Department of Labor requires employers to first satisfy rules meant to protect U.S. workers from foreign competition, for example, by showing that the company has failed to find a qualified domestic worker and that the job will pay the prevailing wage. That time-consuming exercise can be waived if visa applicants can prove they are doing "exceptional" work of "substantial merit and national importance." But once again, the standard for determining whether the labor-force requirements can be waived was vague, so relatively few STEM workers chose that route. The 2022 USCIS guidance not only specifies criteria, which closely track those for the nonimmigrant, O-1A visa, but also allows scientists to sponsor themselves.

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Google accused of tracking you even when you think it won’t

The lawsuit brought against Google by netizens upset Incognito Mode in Chrome did not fully anonymize their activities looks set to settle before going to trial.…

Nvidia has throttled the performance of its GeForce RTX 4090 GPU by roughly 11%, allowing it to comply with U.S. sanctions and be sold in China. The Register reports: Dubbed the RTX 4090D, the device appeared on Nvidia's Chinese-market website Thursday and boasts performance roughly 10.94 percent lower than the model Nvidia announced in late 2022. This shows up in the form of lower core count, 14,592 CUDA cores versus 16,384 on versions sold outside of China. Nvidia also told The Register today the card's tensor core count has also been been cut down by a similar margin from 512 to 456 on the 4090D variant. Beyond this the card is largely unchanged, with peak clock speeds rated at 2.52 GHz, 24 GB of GDDR6x memory, and a fat 384-bit memory bus. As we reported at the time, the RTX 4090 was the only consumer graphics card barred from sale in the Middle Kingdom following the October publication of the Biden Administration's most restrictive set of export controls. The problem was the card narrowly exceeded the performance limits on consumer cards with a total processing performance (TPP) of more than 4,800. That number is calculated by doubling the max number of dense tera-operations per second -- floating point or integer -- and multiplying by the bit length of the operation. The original 4090 clocked a TPP of 5,285 performance, which meant Nvidia needed a US government-issued license to sell the popular gaming card in China. Note, consumer cards aren't subject to the performance density metric that restricts the sale of much less powerful datacenter cards like the Nvidia L4. As it happens, cutting performance by 10.94 percent is enough to bring the card under the metrics that trigger the requirement for the USA's Bureau of Industry and Security (BIS) to consider an export license. Nvidia notes that the 4090D can be overclocked by end users, effectively allowing customers to recover some performance lost by the lower core count. "In 4K gaming with ray tracing and deep-learning super sampling (DLSS), the GeForce RTX 4090D is about five percent slower than the GeForce RTX 4090 and it operates like every other GeForce GPU, which can be overclocked by end users," an Nvidia spokesperson said in an email.

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An anonymous reader quotes a report from 404 Media: A group of clowns is suing their former employer Clowns.com for multiple labor law violations, according to recently filed court records. Four people -- Brayan Angulo, Cameron Pille, Janina Salorio, and Xander Black -- filed a federal lawsuit on Wednesday alleging Adolph Rodriguez and Erica Barbuto, owners of Clowns.com and their former bosses, misclassified them as independent workers for years, and failed to pay them for their time. The Long Island-based company, which provides entertainers for events, violated the Fair Labor Standards Act and the New York Labor Law, the lawsuit claims. The owners of Clowns.com didn't give employees detailed pay statements as required by New York law, the lawsuit alleges. "As a result, Plaintiffs did not know how precisely their weekly pay was being calculated, and were thus deprived of information that could be used to challenge and prevent the theft of their wages," it says. The clowns weren't paid for time "spent at the warehouse gathering and loading equipment and supplies into vehicles," or for travel time between parties, or when parties went on for longer than expected, they claim. Pille said she's "proud to join with my clown colleagues" to stand up to wage theft and misclassification. "For years, Clowns.com has treated clowns, who are largely young actors with no prior training in clowning who sign up for this job to make ends meet, as independent contractors."

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Apple is reinvesting in gaming with advanced Mac hardware, improvements to Apple silicon, and gaming-focused software, aiming not to repeat its past mistakes and capture a larger share of the gaming market. In an article for Inverse, Raymond Wong provides an in-depth overview of this endeavor, including commentary from Apple's marketing managers Gordon Keppel, Leland Martin, and Doug Brooks. Here's an excerpt from the report: Gaming on the Mac in the 1990s until 2020, when Apple made a big shift to its own custom silicon, could be boiled down to this: Apple was in a hardware arms race with the PC that it couldn't win. Mac gamers were hopeful that the switch from PowerPC to Intel CPUs starting in 2005 would turn things around, but it didn't because by then, GPUs started becoming the more important hardware component for running 3D games, and the Mac's support for third-party GPUs could only be described as lackluster. Fast forward to 2023, and Apple has a renewed interest in gaming on the Mac, the likes of which it hasn't shown in the last 25 years. "Apple silicon has changed all that," Keppel tells Inverse. "Now, every Mac that ships with Apple silicon can play AAA games pretty fantastically. Apple silicon has been transformative of our mainstream systems that got tremendous boosts in graphics with M1, M2, and now with M3." Ask any gadget reviewer (including myself) and they will tell you Keppel isn't just drinking the Kool-Aid because Apple pays him to. Macs with Apple silicon really are performant computers that can play some of the latest PC and console games. In three generations of desktop-class chip design, Apple has created a platform with "tens of millions of Apple silicon Macs," according to Keppel. That's tens of millions of Macs with monstrous CPU and GPU capabilities for running graphics-intensive games. Apple's upgrades to the GPUs on its silicon are especially impressive. The latest Apple silicon, the M3 family of chips, supports hardware-accelerated ray-tracing and mesh shading, features that only a few years ago didn't seem like they would ever be a priority, let alone ones that are built into the entire spectrum of MacBook Pros. The "magic" of Apple silicon isn't just performance, says Leland Martin, an Apple software marketing manager. Whereas Apple's fallout with game developers on the Mac previously came down to not supporting specific computer hardware, Martin says Apple silicon started fresh with a unified hardware platform that not only makes it easier for developers to create Mac games for, but will allow for those games to run on other Apple devices. "If you look at the Mac lineup just a few years ago, there was a mix of both integrated and discrete GPUs," Martin says. "That can add complexity when you're developing games. Because you have multiple different hardware permutations to consider. Today, we've effectively eliminated that completely with Apple silicon, creating a unified gaming platform now across iPhone, iPad, and Mac. Once a game is designed for one platform, it's a straightforward process to bring it to the other two. We're seeing this play out with games like Resident Evil Village that launched first [on Mac] followed by iPhone and iPad." "Gaming was fundamentally part of the Apple silicon design,â Doug Brooks, also on the Mac product marketing team, tells Inverse. "Before a chip even exists, gaming is fundamentally incorporated during those early planning stages and then throughout development. I think, big picture, when we design our chips, we really look at building balanced systems that provide great CPU, GPU, and memory performance. Of course, [games] need powerful GPUs, but they need all of those features, and our chips are designed to deliver on that goal. If you look at the chips that go in the latest consoles, they look a lot like that with integrated CPU, GPU, and memory." [...] "One thing we're excited about with this most recent launch of the M3 family of chips is that we're able to bring these powerful new technologies, Dynamic Caching, as well as ray-tracing and mesh shading across our entire line of chips," Brook adds. "We didn't start at the high end and trickle them down over time. We really wanted to bring that to as many customers as possible."

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For now

Nvidia's GeForce RTX 4090 GPU is back on sale in China – in a less capable configuration version designed to comply with US restrictions on exports into the Middle Kingdom.…