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New H1-B Visa bill doubles the salary requirements to $130K/yr

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161–170 of 487 posts

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#161

Earlier quoted context omitted.

One could argue that H-1B is a visa that never was intended to apply for fresh graduates - it's a vehicle for "importing" specialists that USA doesn't have, bringing in unusual expertise that USA can't build locally. Yes, "People from outside who have lots of experience (and skill) and can command a much higher salary upfront" is the exclusive target audience for the intended goals of why the H-1B visa is implemented…

The permanent employment based visas (E-2, E-3) should have primacy. Although it is a long process it would be possible to obtain work authorization within the optional practical training period even without the STEM extension if the quota was current. The issue is the employment based quota, especially the per country limits.

Yes, I would like it if they eliminated the quota for the employment-based (EB-2 and EB-3) visas, and created a exemption from labor certification for people who studies in the US.

It's already incredibly difficult, time-consuming, and expensive to secure an employment-based immigration path. The process takes between 1 to 2 years. In addition, the employer is required to attest (via labor certification) that there are no minimally qualified U.S. workers who can do the same job. The quotas create just decades-long backlogs, and make things even worse for immigrants.

The regulatory red tape for EB immigrant visas is incredible. I've read comments on HN and other forums saying that companies typically spent circa $40,000 to get an EB-2/EB-3 visa. In fact, Congress intentionally made it easier to get H-1B visas for precisely this reason: https://www.cato.org/blog/why-congress-rejected-h-1b-recruit...

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#162
post #150

Earlier quoted context omitted.

There aren't a ton of job for PHds in chemistry, biology, chemist, math etc. They end up working at hedge funds or web developers or things not necessarily related to their PHd. Look at big pharama and see how much they spend on R&D or basic research. Its a very small percentage of revenues.

You are clearly outside of the field. There are tons of jobs in the biotech industry for qualified graduates. The issue is finding people with appropriate scientific and industry backgrounds. This is why h1bs are hired. I don't care what color you are and where you come from. If you know your stuff I will hire you.

I do know something about the industry. A couple a of years ago Merk had a massive layoff. Basically there mission was to get rid of R&D because R&D wasn't cost effective. They would much rather just buy up startups when a drug looked promising. I think most of the other big pharmas are doing the same. I have friends who are phds doing stuff that a tech could do. Look at how many BMEs with BS degrees are getting jobs. A lot of these jobs don't need a phd.

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#163

Here is the summary straight from the horses mouth: https://lofgren.house.gov/uploadedfiles/high_skilled_bill_sx... A few points: - This does not raise the salary requirement to $130k/yr. This only applies to employers that do not want to do the extra paper work for "attestations regarding recruitment and non-displacement of U.S. workers" - It takes a "market based" allocation strategy which allows "cash bonuses and…

Yup. The fact that compensation is included, is useless. Companies give you unvested shares worth tonnes that take > 4 years to fully vest. The attrition rates are so high, the sweat shops can get away with it.

Sometimes I wish we could just fine Tata for going against the spirit of the h1b law. If its a large enough fine they might stop their shenanigans.

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#164

Correct me if I'm wrong, but this is just a proposal that has to get ratified by the House of Congress, right? It's noteworthy that Zoe Lofgren, the sponsor of this bill, has attempted to pass similar bills before, which were not successful. See e.g. https://www.us-immigration.com/blog/bill-fails-in-the-house-...

That is right. Forget voting, this bill may not even go to the Committee. I am not sure if this worth all this hysteria. If it is proposed by a ranking Republican member of the House Judiciary Committee, we will know it is serious.

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#165

Here is the summary straight from the horses mouth: https://lofgren.house.gov/uploadedfiles/high_skilled_bill_sx... A few points: - This does not raise the salary requirement to $130k/yr. This only applies to employers that do not want to do the extra paper work for "attestations regarding recruitment and non-displacement of U.S. workers" - It takes a "market based" allocation strategy which allows "cash bonuses and…

[deleted]

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#166
post #117

Here is the summary straight from the horses mouth: https://lofgren.house.gov/uploadedfiles/high_skilled_bill_sx... A few points: - This does not raise the salary requirement to $130k/yr. This only applies to employers that do not want to do the extra paper work for "attestations regarding recruitment and non-displacement of U.S. workers" - It takes a "market based" allocation strategy which allows "cash bonuses and…

- It takes a "market based" allocation strategy which allows "cash bonuses and similar compensation" to be included. This is a joke. Honest question, why is this a joke?

It relies on the companies own estimate of the value of those bonuses... but bonuses are discretionary and the value of private company stock can be hard to determine. So you could have a salary of $90k, $10k of healthcare benefits, and $30k worth of "assumed" bonuses in the form of options, restricted shares, etc. which:

a) you're not certain to get anyway (because they're bonuses)

b) might not really be worth $30k

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#167

Earlier quoted context omitted.

"but for niche applications that can be pretty hard, you're talking people who have studied for years." How many people that have studied for years to become experts at niche applications are being paid only $60,000 a year - the current minimum for H1B Visas? I would think that getting such an expert is well worth $130,000 a year.

Agree that 60k is too low. But 130k is too high. Consider someone who has just finished their PhD in a relevant area. You want to employ them in your startup in e.g. Orlando, where the cost of living is much lower than SF. Maybe 80k is reasonable. But you'll have to pay a 50k premium. Or you could set up an office in Montreal. And then your tech team will come to Florida for a 3 month code camp every December anyway.…

>Consider someone who has just finished their PhD in a relevant area.

Why? The H1B is supposed to bring in high skilled labor not new grads. If 80K is the going market rate for someone with those skills then you will be able to find someone to do the job for 80K. Artificially suppressing wages is the reason you can't find anyone to do the job for the "reasonable" rate.

A pay spike will draw more people in to the field and allow wages to find their natural level.

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#168

Earlier quoted context omitted.

"but for niche applications that can be pretty hard, you're talking people who have studied for years." How many people that have studied for years to become experts at niche applications are being paid only $60,000 a year - the current minimum for H1B Visas? I would think that getting such an expert is well worth $130,000 a year.

Agree that 60k is too low. But 130k is too high. Consider someone who has just finished their PhD in a relevant area. You want to employ them in your startup in e.g. Orlando, where the cost of living is much lower than SF. Maybe 80k is reasonable. But you'll have to pay a 50k premium. Or you could set up an office in Montreal. And then your tech team will come to Florida for a 3 month code camp every December anyway.…

Disagree that 130k is too high. Thats 130k total comp. If a startup can afford that kind of payment, then I dont understand how any company requiring a specialist would not.

If you can't afford a dedicated specialist you'd pay for a consultancy firm who can lend you the specialist for a short period of time.

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#169
post #42

Earlier quoted context omitted.

I get the impression that this new bill is like putting lipstick on a pig which is the current system. I was hoping the amendments to the H1-B bill would be one of the silver linings of a Trump presidency, but I guess not anymore.

I've commented on this before, at: https://news.ycombinator.com/item?id=13433540 I'm copying the comment below: --- I'm on an H-1B, and the thing that infuriates me about the dialogue on this is that they are effectively trying to ban skilled immigration, and exclude people like me from coming. If you don't qualify for the family-based or refugee route, employment-based immigration is the only viable pathway. The amo…

> It's very disappointing to see the level of vitriol directed towards people who are just trying to build a better life in this country, especially here on HN.

This line along with the rest of the comment is completely written out of context. I have no idea how your reply is relevant.

Re: New H1-B Visa bill doubles the salary requirements to $130K/yr

#170

Earlier quoted context omitted.

> who may want to move to the US

A Canadian would come in under a TN visa which is not a lottery, not H1-B. So again, how do H1-B changes affect a Canadian?

A lot of larger companies will switch you to an H1-B at some point since they're trying to put you on a Green Card track (bc of long-run costs? not sure). While you technically can apply for a green card on TN status, since TN is intended for temporary workers, it's frowned upon by DHS and immigration departments at companies know that.

Source: I'm a two-time Canadian > US TN-to-H1B and eventually bailed out of the process by marrying an American.

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