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

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

#101

Post by cbhl »

dmode wrote: post #67

I support many H1B reforms - it is essentially a broken program. Canadian and Australian immigration systems provide a good model to build off of a successful high skilled guest worker program. Of course, like everything in the US, an army of lobbyists will prevent such common sense programs to be implemented. Raising the minimum wage to 100K is the wrong approach. Computer science degree programs are a major source…

CS grads can easily make over 110k with a Bachelor's on H1B in the SF Bay Area.

If you're looking to hire someone for less than that... hire an American!

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

#102

Post by anarazel »

mjevans wrote: post #7
EduardoBautista wrote: post #2

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…

> 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 choose and with a 6-12 month grace period for finding new work if they quit or are laid off.

Isn't that just going to lead tata/infosys/whatnot to establish front companies that people then immediately leave and join tata/infosys/whatnot?

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

#103

Post by andrewfong »

shas3 wrote: post #51
diogenescynic wrote: post #38

Earlier quoted context omitted.

Sounds awesome considering those body shops use up most of the H-1B quota and significantly underpay their employees compared to industry wages. For example, somewhere between 47% and 85% of H-1Bs are being significantly underpaid compared to their peers, evidence that the program is not being used to bring over workers with "specialized knowledge" as they claim--but to drive down wages. It makes sense though, when y…

I'm not sure about the bidding war. I've been in situations where companies are looking for people with specific skills (e.g. working with specific microbiology techniques) but would never be able to outbid what Facebook or someone in Bay Area would pay for generalist skills in another field. There is nowhere close to 100% elasticity in wages to make an auction system fair. Also, this would handicap companies in low-…

You could index wage to some cost-of-living metric set by the Department of Labor. That would control for regional differences between company. It'd also further incentivize "outsourcing" to domestic locales with cheaper costs of living. That's arguably a good thing since places with cheaper costs of living would benefit more from the workforce bump than those with high costs.

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

#104

Post by [deleted] »

davidw wrote: post #74
serge2k wrote: post #71

Earlier quoted context omitted.

You would tank salaries.

I doubt it. IT work is pretty easy to send abroad as it is, so if an employer is only looking at cost, that's already been an option for the past 10/15 years. It's only going to get easier in the future. And if it were , across the board, a lot of other things would get a bit cheaper too, no? Also: https://en.wikipedia.org/wiki/Lump_of_labour_fallacy

[deleted]

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

#105

Post by jlarocco »

shas3 wrote: post #51
diogenescynic wrote: post #38

Earlier quoted context omitted.

Sounds awesome considering those body shops use up most of the H-1B quota and significantly underpay their employees compared to industry wages. For example, somewhere between 47% and 85% of H-1Bs are being significantly underpaid compared to their peers, evidence that the program is not being used to bring over workers with "specialized knowledge" as they claim--but to drive down wages. It makes sense though, when y…

I'm not sure about the bidding war. I've been in situations where companies are looking for people with specific skills (e.g. working with specific microbiology techniques) but would never be able to outbid what Facebook or someone in Bay Area would pay for generalist skills in another field. There is nowhere close to 100% elasticity in wages to make an auction system fair. Also, this would handicap companies in low-…

I don't buy that argument.

H-1B is supposed to be for hiring top notch people with valuable, specialized skills. Those people should be making a lot of money.

H-1B is not meant to bypass the regular supply and demand of the job market that usually helps adjust salaries.

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

#106

Post by jtcond13 »

It's hard to think of another political issue on which the public has been so completely fooled. Your average man-on-the-street really thinks these go to, like, PhDs who are desperately needed in a lab somewhere. But no, they're for pumping the bottom line of Infosys, Tata, Cognizant, et. al.

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

#107

Post by ashwinaj »

suryacom wrote: post #77
ashwinaj wrote: post #54

Earlier quoted context omitted.

> they cannot change job Correction: You can change jobs, but the green card process needs to start again but you keep your priority date. EDIT: You can change jobs to another "similar" position i.e. the job responsibilities should be similar. You can't move from an individual contributer to a manager position for example. In this case, the green card application will have to be done again. > That gives the employers…

What you mean by you are a risk taker? You have no idea what you are comparing here. Will you risk your family getting deported due to a clerical error? Once H1B lose his job, he and his family has to leave the country in 15 days. Sell his house, pull kids out from school, etc. All this arises whenever H1B tries to change the job.

About the risk taking, I spoke for myself and not for anyone else. Life is not a bed of roses, I've accepted that. When I got my H1B visa, I was aware of all the risks it involves. I've said this in previous posts as well, nobody forces you to take an H1B, you chose to take it. It's like buying an expensive car and complaining that you have to fill premium gas. Well, no one asked you to buy one, did they?

Secondly, you are asserting that clerical errors are commonplace, where is the data for this? Anecdotal data doesn't count, since I don't know of anyone who was denied an H1B due to a clerical error. You might claim that you know a bunch who lost their visa. This discussion then degrades to a moot point without actual data.

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

#108

Post by ashwinaj »

geebee wrote: post #82
ashwinaj wrote: post #54

Earlier quoted context omitted.

> they cannot change job Correction: You can change jobs, but the green card process needs to start again but you keep your priority date. EDIT: You can change jobs to another "similar" position i.e. the job responsibilities should be similar. You can't move from an individual contributer to a manager position for example. In this case, the green card application will have to be done again. > That gives the employers…

I agree with your corrections, to an extent. However, it is also important to note that an H1B holder is limited in the kind of jobs he or she can take. An H1B holder would have a very difficult time changing fields or entering a very different kind of employment. Becoming a private consultant, or leaving the tech field for other, perhaps better, opportunities is not really an option. So while I certainly agree with…

You're right about that; you are only free to change your job for a "similar" position elsewhere.

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

#109

Post by mortehu »

suryacom wrote: post #77
ashwinaj wrote: post #54

Earlier quoted context omitted.

> they cannot change job Correction: You can change jobs, but the green card process needs to start again but you keep your priority date. EDIT: You can change jobs to another "similar" position i.e. the job responsibilities should be similar. You can't move from an individual contributer to a manager position for example. In this case, the green card application will have to be done again. > That gives the employers…

What you mean by you are a risk taker? You have no idea what you are comparing here. Will you risk your family getting deported due to a clerical error? Once H1B lose his job, he and his family has to leave the country in 15 days. Sell his house, pull kids out from school, etc. All this arises whenever H1B tries to change the job.

I've switched jobs on H-1B three times. All it takes is waiting for the replacement visa to come through before you resign. In each case I trusted my current employer and told them I was waiting for a visa for a new job, but I didn't have to.

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

#110

Post by suryacom »

aianus wrote: post #100
suryacom wrote: post #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 bas…

> Any guess why companies only recruit from India and China? There are loads of Canadians [0] on TNs and H1Bs in the US and most don't particularly care about ever getting a green card. How do you explain their presence if you believe companies only recruit foreigners from poor countries in order to exploit their desire for US residency? [0] https://techvibes.com/2012/02/24/there-are-350000-canadians-...

You missed my point. It is not about poor countries. Indian's and Chinese will not have job mobility for decades. That is the reason, last year, 80%+ of H1B visas went to Indian/Chinese nationals.
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