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H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

blogs.wsj.com

21–30 of 387 posts

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#21

Honestly, I am all for raising the wage requirement. This will definitely help to reduce the use of H1B for hiring underpaid foreign labor.

In theory that sounds good... In practice does the wage difference go directly to the companies who manage the H-1B employees? It's not like they would pass that on...

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#23
post #14

It's an interesting paradox ... the top users of H1s are foreign companies, like Infosys and Tata - they bring in people on these visas. So in a way, it's kind of 'insourcing' not 'outsourcing'. I truly wonder if those companies would opt to just leave their staff in India, and to hire mostly just customer-facing support types here otherwise. In that case, the US would lose a lot of tax revenue (and spending) from th…

>I truly wonder if those companies would opt to just leave their staff in India, and to hire mostly just customer-facing support types here otherwise. It's already much cheaper to employ someone in India than to pay that person in the US. The only reason they are using H-1B employees based in the US, is that some companies that are contracting Infosys and Tata want US based employees.

"It's already much cheaper to employ someone in India than to pay that person in the US."

Agreed, but there might be advantages to having someone in the US.

Given a 'major change' it's not entirely unfeasible that these companies do a re-structuring, i.e. using a different customer engagement model (1 customer-facing American + more staff in India) and leverage more 'remote' style technology.

Also - remember that these companies may have been billing those staff out, so 'more cost' = 'more revenue' for them.

Anyhow - I just don't think it's so simple, and I'm not sure that just upping the threshold will work. Granted, $60K is too low.

It'd be nice to have the number set to be commensurate with specific people in specific fields, as measured by various things, i.e. 'tied to an index' so that as the economy does better, companies can bring in more people, but if things start to tighten, the H1's tighten as well.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#24
I think there's a big misconception here on this thread, thanks to the poorly written WSJ blog post. Rep. Issa's bill only applies to companies which have more than 15% of their workforce of 50 or more on visas. That number is calibrated to affect outsourcing companies like Infosys, TCS, HCL, etc. So, while it's fun to jump on the "foreigners shouldn't work in America" bandwagon on this thread, this bill is not what you are looking for.

https://www.americanbazaaronline.com/2017/01/06/new-h-1b-vis...

However, Rep. Zoe Lofgren's bill is a little different and does two things, replace lottery by a bidding type system and eliminate country caps, which, by introducing an artificial 8-12 year wait time for Indians, makes even non-outsourcing company employees de facto indentured labor. (So, if you are one of five experts in the world on say, mining safety, you still have to wait 10 years for a permanent residency just by virtue of where you were born.)

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#25
post #3

Raising the minimum is about the only way (short of auctions) to prevent companies from playing games with the prevailing wage requirements.

The only way to have proper wages for H1B is to allow workers to change company. Right now, the H1B workers have zero leverage power, zero negotiation power and they can't change job.

They can. It's harder than what it would be for a permanent resident, but they can, as there is a grace period.

Maybe you are thinking of L1?

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#26
post #16
post #9

100K in Bay area is not equal to 100K in some other part of US. Also H1B is not only used by the IT industry but other industries as well, where paying 100K may be tough.

Exactly. I am in Arkansas, $100k is crazy, only a director of a big department can make this kind of money.

Really, a senior dev can't make $100k with bonuses? You should come to Atlanta. Only about a 15% higher cost of living than Little Rock, and you can definitely make $100k as a senior developer.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#27
On one talks about the actual issue with the H1B. I'm a H1B holder from India, living and working in USA for past 10 years. The actual incentive for companies is that, an H1B holder from India has less rights, they cannot change job or even travel freely outside USA (for decades). That gives the employers full control of the employee. Any guess why companies only recruit from India and China? Because, the country based wait time -- to become a US citizen -- is decades for these countries. So, consultancies will have no problem paying higher salary for someone from India or China.

Immigration Attorneys are making a fortune of this broken system; for e.g., every year my company has to pay attorney fee to renew my visa. Any time I change my job, green card process has to be restarted from square one..more cash to attorneys.

P.S. I remember when I first came here 10 years back I was told by the attorney to wait for 5 years to be a resident. Last year, in 2016, when I went to another attorney he too tells me to wait for another 5 years. So, they never tells the actual wait time is 50 to 70 years. Even the USCIS don't disclose the actual wait time. So, hundreds of thousands highs killed immigrants place all their bets based on the words of Immigration Attorney and get into a mess from where they find hard to get out.

[Edit]: In my opinion, a possible fix shall be to give H1B holder job mobility. I.e., if TCS/Infosys brings in H1B holders to replace American workers; and those H1B holders leave TCS/Infosys the next day; then that business model will not work to begin with.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#28
post #7

Honestly, I am all for raising the wage requirement. This will definitely help to reduce the use of H1B for hiring underpaid foreign labor.

I feel like this proposed bill doesn't go far enough. H-1B visas should ONLY be granted for workers that are in such need that they are above the 90th percentile of pay for that role. They should also be limited to no more commitment to the company than their peer workers. Once within the country, an H-1B worker should also be able to leave for other employment (without the top market rate requirement) whenever they…

As someone that came through Canada's equivalent of the H1-B system, I think the Canadian system gets it mostly right:

- A points system based on a combination of industry requirement, education, experience and English/French language ability

- Permanent resident from day one

- No restrictions on moving employer or province

- Health insurance coverage after 90 days (Ontario)

- Citizenship after 3 years (once Bill C-24 is repealed)

http://www.cic.gc.ca/English/immigrate/skilled/index.asp

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#29
This will just increase outsourcing - I wonder if there's a law that's going to address that too - a tariff for software and services brought from outside the country.

Seriously, attacking H1B problem purely with salary raises is the wrong approach for many reasons - not all jobs cost a 100k that you can always find American workers to do, it doesn't consider cost of living and further entices companies to look into having offshore workforce. Instead, a slight upward salary adjustment including cost of living adjustments and untying the VISA itself from employer so H1Bs can change jobs freely and making the extension process match the residency delays will go far ways in addressing abuse.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#30
post #3

Raising the minimum is about the only way (short of auctions) to prevent companies from playing games with the prevailing wage requirements.

The only way to have proper wages for H1B is to allow workers to change company. Right now, the H1B workers have zero leverage power, zero negotiation power and they can't change job.

That's no longer true.
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