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Bay Area professionals indicted for H-1B visa fraud

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Re: Bay Area professionals indicted for H-1B visa fraud

#171
post #91

This thread is great. Whenever H-1B threads come up on HN, I prepare for the onslaught of what can only be described as hatred. It's the view of many people on this site that all H-1B holders are "cheaters" of the system, and they don't deserve to get a job in the US. As a former H-1B holder, the threads always made me feel guilty, and feel bad about wanting to work for a well regarded, successful company. It's nice,…

I don't think I, or most other people who are against the H1B visa system, have anything against H-1B holders themselves. They're obviously everyday people who are doing what's right for themselves and taking a big risk that generally pays off pretty well for them. If I was in their place, I hope I would have the cojones to do the same thing. Picking up and moving to another country is a big deal. What I have a probl…

American companies are not a welfare state. A corporation can only expend so much time and money in the search for good workers. So you can't expect the companies to actively go out to every little town in Iowa and see if there are workers willing to relocate at a reasonable pay (more on the reasonableness of pay later). The workers themselves need to apply, to be proactive in their search for jobs. I think this last fact is overlooked a lot. Many (not all, of course) workers are extremely unwilling to move, and may even be really unhappy about moving away from the social structures that they are comfortable with.

Every US company I've worked at has favored hiring locally, hiring US citizens etc. if only because there is less uncertainty relating to the visa situation, and the process of applying for H1B and green card is not cheap. However, if you have qualified workers applying to your company and you determine they are a good fit, you will try to hire them. Because ultimately you, the company, does want to stay competitive and hire good workers who are motivated enough to 1) Get the technical skills and 2) Actively seek out great opportunities.

Her is another thing I noticed about the tech companies I've worked at: Once you're an employee and in good standing, the company will do almost anything to help you remain that way. Paying extra for the visa and green card process is just another expense; spending extra time and money to convince joe tech worker to move from nowheretown is just a lot more complex.

My solution to this problem would be more comprehensive. Instead of reactive policies like increasing the minimum salary requirement or decreasing visas, create a more comprehensive job matching program/board. Have a system where companies looking for engineers must register and get matched with Americans looking for jobs and interview them. If you're really serious about helping Iowan programmers, then make it more convenient for companies to find the kind of workers they are looking for.

I said I would address "reasonable pay" more. A lot of people seem to think that if you can't find employee at salary A, you just need to increase the salary and employees will magically appear. This is just not the way the market works. If American workers become too expensive, it becomes more cost effective to open a satellite office in another country and the jobs move overseas.

Re: Bay Area professionals indicted for H-1B visa fraud

#172
post #91

This thread is great. Whenever H-1B threads come up on HN, I prepare for the onslaught of what can only be described as hatred. It's the view of many people on this site that all H-1B holders are "cheaters" of the system, and they don't deserve to get a job in the US. As a former H-1B holder, the threads always made me feel guilty, and feel bad about wanting to work for a well regarded, successful company. It's nice,…

Sentiment on hackernews is more pro-H1B than not. Of course, there are a few anti-H1B people here, just like there are a few Trump supporters, but they are by no means a majority.

What? Whenever H1B comes up here everyone is always "Derr H1B Indians taking our jerrbs". I actually don't recall seeing a single comment in favour of allowing any foreign programmers in America. I'm sure there must be some but they are the tiny minority.

Re: Bay Area professionals indicted for H-1B visa fraud

#173
post #49

Earlier quoted context omitted.

That sounds like free market though doesn't it? Hire the cheapest workforce that can do what you want?

Maybe it's the "selectively free market". Free when it makes things convenient for me (I can hire cheap labor), not free when it makes things inconvenient (I don't compete against cheap labor or other business which might be more competitive here if they could hire the same cheap labor).

You can shortcut all of these speculative definitions by acknowledging that the free market doesn't exist.

Re: Bay Area professionals indicted for H-1B visa fraud

#175

I wonder why people here praise free competition on a global market as a primary value when they talk about their products and services, but support competition limiting when it comes to the labor market in their own country.

I guess we all support competition. Loyal and fair.

H1B is to get workers without loans from places where diploma have been paid often by public taxes.

Without loans you are more competitive than a worker having to reimburse them.

H1BrainDrain also have a power of captation of publicly founded research that can be patented. (That's why young PhD are so interesting)

It also undermines the competitivity of countries which miss their engineer and have to pay twice the knowledge they founded.

It also ostensibly discourage the workers from unionizing since they have no way of controlling a pool of workers that can leverage the offer.

On the macroscopic level H1B is possible because there is a distortion of competition on the job market.

H1B is heavily biasing the capacity of negotiation on the work market in favour of the companies which uses them.

A market in which you can not win and must play is not a fair game.

Re: Bay Area professionals indicted for H-1B visa fraud

#176
post #6

This is progress. Give a copy of this to your employer if they start talking about replacing you with an H1-B.

Sore loser, you deserve losing your job

We ban accounts that make personal attacks like this, so please don't (no matter what you're responding to).

https://news.ycombinator.com/newsguidelines.html

Re: Bay Area professionals indicted for H-1B visa fraud

#177
post #50

The title is a bit sensationalist and misleading; "Bay Area staffing executive indicted for H-1B visa fraud" would be more accurate. One of the two people indicted is the CEO of a staffing company ("Dynasoft Synergy" in Fremont); the other has worked at a couple companies including Cisco, not explicitly in an executive capacity.

Thanks. We've changed the title to make it less misleading.

Re: Bay Area professionals indicted for H-1B visa fraud

#178
I am on H1B, but my job in US is being threatened by fake H1Bs from India who are willing to work on salaries lesser than mine, particularly from the state called Andhra Pradesh in India. There are many one room consultancies all over the US which runs fake payrolls and even apply something called "Future Greencards" for people who are willing to pay money. These Andhra consultancies can be found in abundance in New Jersey, Edison, and on West coast. There is even a temple in Andhra Pradesh where you can go and pray to get selected in H1B.

Even though I was a legitimate H1B worker, when the rules become strict to counter these fake H1Bs, I might also get affected, so I moved to Canada with Express Entry, which is based on skills.

Fake H1Bs cannot fake IELTS exam and Canada does thorough verification and police clearances. So that its Express Entry system is not abused like H1B system of US.

Re: Bay Area professionals indicted for H-1B visa fraud

#179
post #127

Earlier quoted context omitted.

That's a perverse question. The word "fairness" implies to all parties involved, typically by uplifting whoever would be disadvantaged in the system pre-fairness-implementation. You probably meant "advantageous to who?" and the answer to that is obviously the employer, and to a lesser extent the migrant worker. Capitalism is about favoring businesses (employers) in general, hoping for trickle-down benefits to individ…

Ok so then you feel that it's possible that it may increase net-fairness, but that it could be be unfair to some parties? So with regards to the indictment described in the OP, it would be very clearly unfair if indigenous workers were displaced due to the illegal availability of cheaper non-national workers, right? I don't see how it's a perverse question.

"Fair" doesn't mean "enjoyable." The most obvious example would be a punishment for a crime.

Re: Bay Area professionals indicted for H-1B visa fraud

#180
post #171

Earlier quoted context omitted.

I don't think I, or most other people who are against the H1B visa system, have anything against H-1B holders themselves. They're obviously everyday people who are doing what's right for themselves and taking a big risk that generally pays off pretty well for them. If I was in their place, I hope I would have the cojones to do the same thing. Picking up and moving to another country is a big deal. What I have a probl…

American companies are not a welfare state. A corporation can only expend so much time and money in the search for good workers. So you can't expect the companies to actively go out to every little town in Iowa and see if there are workers willing to relocate at a reasonable pay (more on the reasonableness of pay later). The workers themselves need to apply, to be proactive in their search for jobs. I think this last…

> American companies are not a welfare state. A corporation can only expend so much time and money in the search for good workers. So you can't expect the companies to actively go out to every little town in Iowa and see if there are workers willing to relocate at a reasonable pay (more on the reasonableness of pay later).

I agree. That's why I support the abolition of the H1-B visa program, at least in the form it currently takes. As long as it exists, companies will abuse it. Part of the problem is to some extent, the government has been captured by corporate interests.

> Many (not all, of course) workers are extremely unwilling to move, and may even be really unhappy about moving away from the social structures that they are comfortable with.

This is absolutely true. It's also true that programmers, especially, can work remotely or in cheap satellite offices, and that this is probably preferable to them moving all around. Strengthening social structures for American workers should be a priority of the government. It makes for happier, healthier, better-adjusted people. It makes for people less prone to mental illnesses like depression and drug addiction, less likely to become homeless, and more likely to be deeply involved in their community and local politics. (Something I have been considering for a while now is the flagrant corruption in local US politics that is becoming increasingly enabled by transient populations who haven't lived in the same place for decades, and therefore lack deep knowledge and experience of local issues and local politicians, and who aren't much interested because they don't expect themselves, their children, or their grandchildren to remain in the area.) It also often has the side-effect of making life a lot cheaper. If your retired grandparents are willing to watch your kids while you're at work, that's a lot cheaper than paying for daycare.

> A lot of people seem to think that if you can't find employee at salary A, you just need to increase the salary and employees will magically appear. This is just not the way the market works. If American workers become too expensive, it becomes more cost effective to open a satellite office in another country and the jobs move overseas.

If you can't afford the labor costs, then your business doesn't get to exist. That's the way the market works. If I could hire people for ten cents an hour, I could start a great software business. I can't. Too bad for me.

Your statement in general is representative of the race-to-the-bottom thinking I referenced in my earlier post - the idea that we have to do this, or the jobs will go elsewhere, where labor is cheaper. Well, that's how you get savage cuts to labor protections, stagnant wages, and massive corporate welfare in the form of tax cuts and subsidies. What's the endgame, here? Essentially, a global, common market with freedom of movement, a world where democratic governments are entirely subordinate to large corporate interests, a world where wages start plummeting because someone, somewhere, is perfectly willing to program for 5k/year and live in a one-bedroom apartment with five other people, all the while the company involved is getting massive tax breaks lest they start move somewhere else even cheaper.

No thanks.

The reality is that American workers are highly educated and there's a huge amount of social capital and financial capital that will keep businesses operating in the US. If they really wanted to, it's already cheaper open foreign offices and hire locals elsewhere - there's more than just immediate financial considerations already in effect. In a future with more expensive American labor, brilliant US programmers will still be starting their companies in the US, because they already live here. They will hire their friends and alumni from their college in the US. They will hire people those people give references for. They will hire people who live near them.

Most businesses will not leave the US in the near-term, H1-Bs or no H1-Bs. If they choose to go elsewhere to evade American labor prices and American labor protections, there is a simple solution. They can be forbidden from selling their products and services here. Access to the American market can be predicated on worker wages and benefits. I don't see any other solution that prevents a global corporate oligarchy.

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