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

computerworld.com

141–150 of 198 posts

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

#141
post #126

Earlier quoted context omitted.

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..

How so? Isnt this just a typical supply and demand issue?

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

#142
post #69

Earlier quoted context omitted.

They can still hire devs. They just need to pay more. Total comp is not adjusted for cost of living for doctors, salesmen, traders, bankers, attorneys, and managers. Why do you expect it to be adjusted for software developers? This is less than intuitive for me.

It's a way of justifying keeping salaries as low as possible for engineers, but somehow managing to cough up more money in some locations. An equally good engineer in Chicago should be worth the same amount as an engineer in SF, but they're paid less... simply because the employer has more negotiating power in both cases. In both cases, the employer pays enough to give the engineer a reasonably good living for the lo…

Why the hell should he be paid the same amount of money? It's a different location, different demand for engineers — this just makes no sense.

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

#143
post #20

Earlier quoted context omitted.

Are you suggesting that companies should not be able to hire the most qualified individuals who went through the same system as everybody else? [EDIT (rephrasing): There is no particular training provided. The international students received the same education as US students at US institutions.] International students generally have to pay for everything out of pocket (they are not eligible for any public/tax-payer b…

Yes, I am in favor of companies that are based in the US and take advantage of US infrastructure and tax-payer funding (indirectly and directly) should be hiring US citizens as workers. Anyway you didn't address the point - it is completely wrong to say that these foreign workers are not competing with US workers for the jobs they take. This is just basic supply and demand. Foreign workers are usually willing to take…

I'm only talking about the subclass of foreign workers who are educated in the US and already in the country.

They surely would not accept longer working hours or less pay.

I didn't say these graduates aren't competing, merely that in the case above nobody is being replaced (in a literal sense) as these were new positions to be filled. Also, they were not filled under the H-1B program, but the F-1 OPT program.

F-1 OPT (post graduation training) hiring is virtually unrestricted (except for its duration).

Of course workers who reside abroad and are brought to the US on H-1B directly are an entirely different class of foreign workers. I cannot speak to this group.

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

#144
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.

Making it easy to switch jobs will also go a long way in making this system much better.

Right now, the consultancy firms flood the application pool hoping to get few selected. They eat the cost of sending all the applications because they see it as an investment - they know that they can milk the few who get selected for many years and recoup many multiples of their initial investment.

Tying the H-1B to the employee not the employer will put an end to such abuses.

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

#145

Earlier quoted context omitted.

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…

>>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…

> 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 progress they have made towards permanent residency and citizenship.

The place is line is left intact. But the immigrant has to start over the green card process, which can get arbitrarily delayed due to any number of bureaucratic reasons. This adds needless friction to the job market.

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

#146

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…

H-1B is a dual intent program. From https://en.wikipedia.org/wiki/Dual_intent :

    Dual intent is a United States immigration law concept. It generally 
    refers to the fact that certain U.S. visas allow foreigners to be 
    temporarily present in the U.S. with lawful status and immigrant 
    intent. This allows those visa holders, particularly H-1B 
    professionals, to enter the U.S. while simultaneously seeking 
    lawful permanent resident status (green card status) at a port 
    of entry. Otherwise, visa holders may be presumed to have 
    immigrant intent and can be kept from entry (summarily excluded) 
    as a matter of law.

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

#147

Earlier quoted context omitted.

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…

I'm seeing downvotes, but no valid rebuttals. I suppose the truth is uncomfortable for some.

I suppose the main rebuttal is that, if the program enforced an earning requirement of > $100k (or so depending on state) regardless of position, it would not affect a net increase in the available labor pool for a large section of workers.

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

#148
post #136

Earlier quoted context omitted.

No it doesn't. San Fran has higher salaries across the board, to go with the higher cost of living. It doesn't mean other areas don't need devs.

Arguably the effect goes the other way: engineers are more productive in SF, so they're worth paying more in SF. (If that weren't the case, then you wouldn't be able to pay engineers enough to want to live there while still making s profit.) So the GP's policy would still fit the spirit of the H1B program, which is to allow slots for high-output roles.

Do you have any numbers at all to back up your belief that proximity to the Golden Gate Bridge somehow increases developer productivity?

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

#150
post #126

Earlier quoted context omitted.

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..

It works exactly that way. Walmart employees get paid less because supply (everyone is qualified to do this job) outstrips demand and walmart can then just pick the cheapest applicants.

In the tech industry the opposite happens. Demand is higher than supply so you're forced to hire somebody who already has a job. The only way to convince them to switch is by paying them more than they already make.

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