Live data from Hacker News

Judge sends two to prison for 7 years for H-1B fraud

computerworld.com

121–130 of 198 posts

Re: Judge sends two to prison for 7 years for H-1B fraud

#121
post #33

Earlier quoted context omitted.

Also many of these consultancy firms just flood the H1B application pool and then just take whoever got accepted. Very unfair.

This is why I strongly believe that H1Bs should be given out to employees that are offered the highest salary. Clearly there is no shortage if you are not willing to pay one of the highest salaries. Yea, this wouldn't be perfect, but it's much better than the significantly more gameable lottery system we have now.

That's a start.

But why not just give them to the highest bidder?

Re: Judge sends two to prison for 7 years for H-1B fraud

#122
post #83

Earlier quoted context omitted.

Are you saying startups could not compete without "cheap" H1B labor?! The H1B is explicitly not supposed to bring in cheaper labor.

I think what he means is, startups can't deal with the uncertainty and lead times the current H-1B system imposes. Large companies just project how many openings they would have in October next year, hire appropriately, and park them in offshore offices if they didn't make the lottery. And they can afford the application fee too

An auction system would have far less uncertainty.

Re: Judge sends two to prison for 7 years for H-1B fraud

#123
post #94
post #82

Earlier quoted context omitted.

You're aware that not every H1B is a developer right? Your proposal would change the whole basis of the program in a way that doesn't seem particularly thought out. What about people who are botanists, or harpsichord teachers?

Easy fix -- give the visas to the highest paid people in each job category. After you've gone through each category once, do it again for the next highest paid. Eventually you'll run out of harpsichord teachers and so the more popular categories would keep getting filled until the quota was reached. Then you get highly paid people and you get a nice cross section of skillsets, and it incentivizes the companies to pay…

Who decides on how to clump the categories?

Why not just auction off the visas?

Re: Judge sends two to prison for 7 years for H-1B fraud

#124
post #120

Earlier quoted context omitted.

This would make it easier to game, especially for wealthy immigrants who want to buy a visa to get a green card. Also the H1B visa is for hundreds of different job classifications at different prevailing wages - are you saying there should be an auction for each? How will visas be distributed fairly amongst them?

Wealthy immigrants can obtain investor visa easier outside of the H1B pool (EB-5). There is no reason why H1B should be distributed fairly, because the US has a green card lottery that is diversified across various jobs and countries anyway.

The EB-5 requires starting a company and employing 10+ at >$50k/yr, meaning it costs $500,000+. Do you honestly think the H1B visa will bid higher than $500k/yr for base pay for the employee?

The lottery evenly distributes amongst the positions based on demand. By switching to wealth, you're creating a system that only the highest-paying job categories will prevail.

Re: Judge sends two to prison for 7 years for H-1B fraud

#125

Earlier quoted context omitted.

>>This is because the program as-is does not restrict people from changing jobs. It just requires a sponsorship. It doesn't technically restrict them, but the window for changing jobs is so short that the employees are practically anchored to the employer. In addition to the short window, changing jobs during H1B also resets the immigrant's place in the green card queue, which can cost them years and years of progres…

You didn't process my comment fully. I was referring to the downward pressure on all wages (and U.S. workers in particular), not those of H1-B holders. This (and my entire comment) was a rebuttal of the GP and should be read in that context. Having workers stay in the country without jobs increases labor supply, which means lower wages for U.S. workers, contrary to the GP's counter-intuitive assertion. It's simple su…

The original intent of the H1B program does not matter. It was created for a specific purpose but has since evolved to fulfill other goals. What matters is that, ultimately, it is in the USA's best interest to have skilled and educated people from all over the world to join its population and contribute to its economy. It is one of the mechanisms through which it can stay ahead of other countries. That's why the H1B program has become one of the paths to citizenship.

Re: Judge sends two to prison for 7 years for H-1B fraud

#126

If they made the H1-B system fairer for the immigrant workers, so that they their employability wasn't tied to a sponsorship, it would actually be better for American workers. How? Because H1-B employees cannot transfer out easily and live in fear of losing their jobs, because it means packing up and going home. (I can only imagine how much managerial abuse and in the worst case, sexual harassment this situation can…

Not that I'm in favor of the current system, but your argument is flawed. How? Loosening restrictions on sponsorships would invariably result in a net increase in the available labor pool, which would put downward pressure on wages for everyone. This is because the program as-is does not restrict people from changing jobs. It just requires a sponsorship. So, what you are really advocating is that people without jobs…

> Loosening restrictions on sponsorships would invariably result in a net increase in the available labor pool, which would put downward pressure on wages for everyone.

The labour market doesn't work like that..

Re: Judge sends two to prison for 7 years for H-1B fraud

#127
post #122

Earlier quoted context omitted.

I think what he means is, startups can't deal with the uncertainty and lead times the current H-1B system imposes. Large companies just project how many openings they would have in October next year, hire appropriately, and park them in offshore offices if they didn't make the lottery. And they can afford the application fee too

An auction system would have far less uncertainty.

Big companies can afford to pay, startups are not.

Re: Judge sends two to prison for 7 years for H-1B fraud

#128
post #33

Earlier quoted context omitted.

Also many of these consultancy firms just flood the H1B application pool and then just take whoever got accepted. Very unfair.

This is why I strongly believe that H1Bs should be given out to employees that are offered the highest salary. Clearly there is no shortage if you are not willing to pay one of the highest salaries. Yea, this wouldn't be perfect, but it's much better than the significantly more gameable lottery system we have now.

How do you value equity? Are H1-Bs not allowed to join early stage startups then?

Re: Judge sends two to prison for 7 years for H-1B fraud

#129

Earlier quoted context omitted.

This would make it easier to game, especially for wealthy immigrants who want to buy a visa to get a green card. Also the H1B visa is for hundreds of different job classifications at different prevailing wages - are you saying there should be an auction for each? How will visas be distributed fairly amongst them?

Those people are a small portion of H1B visas, if at all, and all it means that instead of a %50 to %100 chance that they get it 'this year' doing it, it's a %100 chance. They also have other options like an L1 visa which is another %100 chance in a year and then can get a green card at the highest priority level as an international executive afterwards. Or they can open a mcdonalds franchise somewhere in a bad part…

Less than 7% of approved H1B visas last year were with Infosys, HCL, and Cognizant - the three major H1B abusers. The remaining 93% were legitimate hires that would be priced out by the wealthy if there were a way for the wealthy to buy their visas.

Just because there is a problem that doesn't justify moving to a solution that destroys it. It's better strengthen enforcement so that fines can be used to make it expensive for abusers (like what happened in the article), rather than price out talent that isn't just in finance or high paying fields.

Post reply on HN