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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

#131

The real problem with H1B, that outsourcing firms exploit, is the lottery system. Issa's proposal doesn't address that problem. Zoe Lofgren's bill, which replaces the lottery with a salary ranking system, would be much more effective, in my opinion. http://money.cnn.com/2017/01/06/technology/h1b-reform-bill/

Without a provision to account for recent grads, this is also a terrible bill.

Recent grads are going to be competing against people with years of experience, and the pay is going to reflect this. That means there's less reason for kids to go to school in the US, since they're going to have to leave, or if they do go, we lose that talent. They might not be paid as much as someone coming in with more experience, but they might ultimately provide more long term value to the country.

Ideally I'd like a new visa without a lottery system that basically guarantees graduates of US universities a chance to live and work in the country after graduation.

Why in the world should we institute something that would result in brain drain?

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

#132
post #85
post #51

Earlier quoted context omitted.

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'm not sure that I'm sympathetic to employers who want to pay less. Keep in mind, the US takes in well over a million immigrants a year, and has a huge internal workforce. The H1B was created to help employers find critical and highly skilled workers that are in desperately short supply in the US. "Oh, but we can't afford to pay them a lot of money, that's not fair!" isn't the sort of argument that tends to evoke mu…

"if the salary isn't really high..."

How high? Why is 100k a magic number? 100k isn't even a big deal in SF or NYC. While a high skilled scientist working in say, Corning, NY at Corning Corp or Niskayuna, NY at GE's research labs, 100k enables a king's life. How would you adjust for experience? Perhaps a company sees immense potential and cultural fit in an employee and wants to groom them for future roles? The wages of a 30-year industry veteran would kick the promising young star out of the H1B pool, etc. etc.

Setting a wage threshold without considering other factors is unfairly simplistic.

Besides, companies pay wages based on industry and market averages. You can't suddenly expect them to peg wages to outbid competitors on H1B. Why would Procter and Gamble or Dow or Caterpillar pay university, Facebook, McKinsey, or hedge fund wages? Why should they?

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

#133
post #89

Earlier quoted context omitted.

Students from universities already have an OPT valid for 36 months (12+24), which is sufficient time to move to the highest bidder approach.

> (12+24) The 24 month extension is only available to STEM graduates.

What non STEM jobs are hiring H-1B visa holders?

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

#134
post #101
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!

But those markets and NYC are basically the only place to get those starting salaries and only in narrowly scoped fields that are "hot".

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

#135
post #132
post #85

Earlier quoted context omitted.

I'm not sure that I'm sympathetic to employers who want to pay less. Keep in mind, the US takes in well over a million immigrants a year, and has a huge internal workforce. The H1B was created to help employers find critical and highly skilled workers that are in desperately short supply in the US. "Oh, but we can't afford to pay them a lot of money, that's not fair!" isn't the sort of argument that tends to evoke mu…

"if the salary isn't really high..." How high? Why is 100k a magic number? 100k isn't even a big deal in SF or NYC. While a high skilled scientist working in say, Corning, NY at Corning Corp or Niskayuna, NY at GE's research labs, 100k enables a king's life. How would you adjust for experience? Perhaps a company sees immense potential and cultural fit in an employee and wants to groom them for future roles? The wages…

For 65,000 people and bidding based on salary, 300k sounds about right IMO. Think brain surgeons and the worlds best security experts not just DBA's.

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

#136

Earlier quoted context omitted.

If you are on H1B past 6 years, then you will need the copy of approved I-140 petition to get the H1B transferred to the new employer. But, H1B visa holder does not have access to I-140 petition; it is employer's property.

> H1B visa holder does not have access to I-140 petition I have the I140 petitions from the two employers that I had applied with. This sounds like you are talking about consulting companies who hold their employees hostage. No legitimate company can do that and you have legal recourse if they do.

>This sounds like you are talking about consulting companies who hold their employees hostage

This thread is discussing a law -- that targets only consulting companies.

>No legitimate company can do that and you have legal recourse if they do.

That is not correct. There is nothing an H1B employee can do if his employer does not share the copy of I-140.

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

#137
post #100

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-...

If you're Canadian why are you getting a H1B? Get a TN. It's simpler, faster, and way less onerous than a H1B.

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

#139

Earlier quoted context omitted.

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.

> All this arises whenever H1B tries to change the job Yes, getting fired sucks if you're on an H1B but your comment doesn't apply to job changers generally. H1B visas are transferable (with a little paperwork) so an employee looking to move jobs just needs to ensure that they have their ducks lined up and that any required paper work is filed - usually that means lighting a fire under the HR team of the new employer…

They can be transferred, but you are still at risk until the other company gets the receipt from the USCIS which might take up to a couple of months.

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

#140

Earlier quoted context omitted.

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.

If you are on H1B past 6 years, then you will need the copy of approved I-140 petition to get the H1B transferred to the new employer. But, H1B visa holder does not have access to I-140 petition; it is employer's property.

Isn't that part of the mandatory public record that all H1B employers are required to maintain? Anyone can walk in off the street at your work location or company headquarters and ask to see it, including you. You might have to bring your own battery-powered scanner with you, though.
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