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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

#371

Post by luckydata »

mavelikara wrote: post #349
luckydata wrote: post #253

Earlier quoted context omitted.

yes. In 2015 it was more than 50k people. Even if they all share rooms, it's a lot of demand on an housing stock that grows slowly.

From your link: > About 10 percent of the LCAs approved last year, or 53,500, were for jobs in Silicon Valley and San Francisco. But, it also adds that: > More than one employee can be attached to an LCA, and there’s no limit on how many a company can submit. As a result, the number of LCAs accepted by the Department of Labor often far exceeds the number of H-1B visas issued. Furthermore, when a person on H-1B alread…

I think it's adventurous to think the number would much lower. Let's say that the number is 50% lower, that brings us to 25k new individuals just from the H1B program alone.

You're also skipping over the fact that H1B people have families and tend to bring family members into the area.

Overall I'm comfortable to say the number is still probably in the right ballpark until I'm shown evidence of the contrary.

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

#372

Post by gozur88 »

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-…

What I would have done is divided out the number of slots on a state-by-state basis (proportional to population, say) and had an auction in each state.

I'm not convinced there would be a huge demand for H-1b visas if companies couldn't underpay them relative to people with green cards or citizenship. Certainly on the margins there are companies that are looking for specialized skills, but for the most part the industry likes high H-1b caps because they depress wages.

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

#373

Post by mavelikara »

luckydata wrote: post #371
mavelikara wrote: post #349

Earlier quoted context omitted.

From your link: > About 10 percent of the LCAs approved last year, or 53,500, were for jobs in Silicon Valley and San Francisco. But, it also adds that: > More than one employee can be attached to an LCA, and there’s no limit on how many a company can submit. As a result, the number of LCAs accepted by the Department of Labor often far exceeds the number of H-1B visas issued. Furthermore, when a person on H-1B alread…

I think it's adventurous to think the number would much lower. Let's say that the number is 50% lower, that brings us to 25k new individuals just from the H1B program alone. You're also skipping over the fact that H1B people have families and tend to bring family members into the area. Overall I'm comfortable to say the number is still probably in the right ballpark until I'm shown evidence of the contrary.

> Overall I'm comfortable to say the number is still probably in the right ballpark until I'm shown evidence of the contrary.

We have to agree to disagree on this, I guess. I find no evidence to support the claim that H-1B workers have any significant effect on the Bay Area housing situation.

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

#374

Post by winter_blue »

shiro wrote: post #250
BurningFrog wrote: post #177

Earlier quoted context omitted.

> Once H1B lose his job, he and his family has to leave the country in 15 days This is not true in practice. There is a rule saying that, but it has never been enforced. As long as you don't leave the country, you'll have no problem looking for a new job for however long that takes. At least that's what my immigration lawyer told me many years ago.

Isn't betting on it risky? I'm afraid that you may get rejected reentry next time if USCIS notices your overstay, unless you never leave the country, of course, but you never know, don't you (family emergency etc.)?

I've commented on this here: https://news.ycombinator.com/item?id=13361827

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

#375

Post by mattfrommars »

I'm looking for serious recommendation on what to do right now in my life.

I'm currently 25 year old with roughly two year of industrial experience and looking for a career change. One thing I absolutely want to work out is by applying for Master's program from a US university and finding work after graduation which will require H1B visa.

Is this a wise option? I will be moving from a third world country and be mostly on self finance Masters. I know it will be expensive but I'm seeing it as an investment which will pay off.

The intended field is in the tech side although I have a degree in Mechanical Engineering. Did this new bill make it far more difficult to get work visa or will the lottery system work?

I have a lot to lose if I don't get a work VISA really which would force me to return to home country. Note: I'm not from India

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

#376

Post by ashwinaj »

brendangregg wrote: post #369
ashwinaj wrote: post #368

Earlier quoted context omitted.

I spoke to my older brother (who left once his H1B was over, as he never wanted to stay here long term) and my seniors in grad school who explained all the intricacies; of course I never understood every single detail. But what I understood was getting a GC for an Indian citizen is a long wait. Frankly, I am okay leaving the US if I have to if I fall into any of the pitfalls. I don't have sleepless nights over it. An…

What was the worst risk you learned about?

- Being out of status

- Indefinite wait for a GC for Indian citizens

- Not being able to start your own business (there are caveats)

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

#377

Post by ashwinaj »

brendangregg wrote: post #366
mortehu wrote: post #109

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.

Lucky. Every time I've switched on H-1B, I've been advised by immigration lawyers to not tell my current employer for fear of retaliation, along with anecdotes to convince me that the retaliation risk is real and happens in the bay area. It's extremely painful secret to keep -- it's unfair to be unable to talk to coworkers about your future plans (as instructed by legal council), and one that detriments career growth…

You're right about that. But sometimes the only way to get a pay raise is to get a competing offer. It is a risk to ask your new employer to file for a H1 transfer and then back off (at the risk of pissing them off). I haven't done it personally, but I know a lot people do it.

I usually drop hints about a pay raise or change of responsibilities and if my manager doesn't oblige within a reasonable amount of time, then I know it's time to leave. It's nothing personal, but if someone else values me more than my own employer I'd rather seek greener pastures.

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

#378

Post by brendangregg »

ashwinaj wrote: post #376
brendangregg wrote: post #369

Earlier quoted context omitted.

What was the worst risk you learned about?

- Being out of status - Indefinite wait for a GC for Indian citizens - Not being able to start your own business (there are caveats)

You weren't aware of the risks. There's much worse than that.

I am not a lawyer, and the following is not legal advice: get your own (experienced) immigration lawyer, and ask them about what I've heard one lawyer call "cost-effective employee retention plans". It can include threatening to unfairly ruin an employee's chances of ever getting another US visa if they leave the company. As in, you may never set foot in the US again. I'm not sure people can relate to how horrible this is unless you've unfortunately lived through it.

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

#379

Post by ashwinaj »

brendangregg wrote: post #378
ashwinaj wrote: post #376

Earlier quoted context omitted.

- Being out of status - Indefinite wait for a GC for Indian citizens - Not being able to start your own business (there are caveats)

You weren't aware of the risks. There's much worse than that. I am not a lawyer, and the following is not legal advice: get your own (experienced) immigration lawyer, and ask them about what I've heard one lawyer call "cost-effective employee retention plans". It can include threatening to unfairly ruin an employee's chances of ever getting another US visa if they leave the company. As in, you may never set foot in t…

That's the reason in my posts I always made a distinction between legitimate company vs shady consultants.

Unless you do something nefarious (spying, stealing etc.) no legitimate company would go after someone. And thinking about it logically, the company has to spend a lot of resources to prove this in the first place. "Innocent until proven guilty"

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

#380

Post by brendangregg »

ashwinaj wrote: post #379
brendangregg wrote: post #378

Earlier quoted context omitted.

You weren't aware of the risks. There's much worse than that. I am not a lawyer, and the following is not legal advice: get your own (experienced) immigration lawyer, and ask them about what I've heard one lawyer call "cost-effective employee retention plans". It can include threatening to unfairly ruin an employee's chances of ever getting another US visa if they leave the company. As in, you may never set foot in t…

That's the reason in my posts I always made a distinction between legitimate company vs shady consultants. Unless you do something nefarious (spying, stealing etc.) no legitimate company would go after someone. And thinking about it logically, the company has to spend a lot of resources to prove this in the first place. "Innocent until proven guilty"

I believe there are some legitimate companies that treat visa workers well (like the company I work for), but I'd still be a bit careful. You can join what you think is a legitimate company, and then they are sold to someone else. When I joined Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010.

> And thinking about it logically

Oh no.

My #1 advice to potential visa workers would be to get your own immigration lawyer. My #2 advice would probably be to stop reasoning about things logically. What matters is the law.

You're implying that it's illogical a company would go after someone like this. I know for a fact they do. And, it's illogical. Knowing it's illogical is little comfort for those visa workers hurt by it.

> the company has to spend a lot of resources

Not necessarily. In one situation (I don't want to describe in detail here), it requires almost zero effort from the employer. And I know for a fact it happens.

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