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DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

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Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#91

Post by an_cap »

jitix wrote: post #86

As an Indian software engineer on H1B I totally support this idea. I see a lot of Indians working with the consulting companies where entire departments are staffed by H1B workers on low (65-70k) salary. That kind of work is degrading even for the engineers who don't get any raises, are overworked and have very few benefits. But this is how things are. However my main concern is that because the lawmakers don't under…

"That kind of work is degrading even for the engineers who don't get any raises, are overworked and have very few benefits. But this is how things are." My sister recently completed a coding boot-camp in NYC but had to go back to India to work as a software developer at a startup for $12,000 / year. She would LOVE to be 'degraded' by a 65k-70k job.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#92

Post by an_cap »

kevin_thibedeau wrote: post #32
negrit wrote: post #9

The consulting firms have been abusing the H-1B system for years. I've been documenting it for couple years here: http://www.jobsintech.io/immigration_companies#name=&city=&s... You can clearly see that the top companies using H-1B visas are consulting firms.

A simple solution for the consulting companies would be a rule requiring all H-1B sponsors to have at least 51% of their domestic staff be US citizens. That would ruin the wacked out business model of the body shops and return to a fair playing field for Americans in their own country.

A simple solution for the consulting companies would be a rule requiring all employers to have at least 51% of their domestic staff be Native-Americans. That would ruin the whacked out business model of the body shops and return to a fair playing field for Native-Americans in their own country.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#93

Post by TheAdamAndChe »

gambiting wrote: post #90
lovich wrote: post #82

Earlier quoted context omitted.

Isn't that a market based solution though? Nothing against your friend but if a company is willing to spend more on a senior than your friends company is going to pay him, that indicates that the senior is more valuable to economy

Sure, but it will lead to a solution where only top programmers at highest positions get visas? I mean, I can see the logic why some people would want it that way, but surely, there's value to be provided in hiring someone at a junior position and growing them from there?

There are tons of Americans who would love getting those jobs. The purpose of the H1B visa program is to bring the best and the brightest over so our economy doesn't hit any knowledge bottlenecks that limit our economic growth. Junior developers definitely aren't a bottleneck, the companies are just wanting to pay below market rates for them, which hurts citizens who have to deal with high cost of living and high schooling costs but can't get a good paying job.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#94

Post by throwasehasdwi »

seanmcdirmid wrote: post #56
tn135 wrote: post #54

Earlier quoted context omitted.

Our entire company including founders are people on H1B. If USCIS harasses us we will move to Canada or some place else.

If they are ALL on H1Bs, then why are they located in the states at all? I'm pro immigration (and H1B), but that just seems weird.

so they can reap the benefits of US investment?

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#95

Post by zerr »

rodionos wrote: post #84
zerr wrote: post #76

Earlier quoted context omitted.

> whose specialized skills were not sufficient to warrant an issuance of an H1-B visa in the first place And how this changes if you apply for H1B while in US (on H-4)? Are the requirements softened?

If the candidate on H-4 visa is physically present in the country and is able to attend onsite interviews, this increases his/her chances and thus creates more competition with American workers.

If "specialized skills" are not sufficient for H1B, it doesn't matter where the candidate resides...

And if the candidate has enough those specialized skills - what's the problem?

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#96

Post by daodedickinson »

gambiting wrote: post #73
doktrin wrote: post #70

Earlier quoted context omitted.

Being located in the US but staffed 100% from overseas sounds strange. Did you guys make a conscious decision to exclude US born workers? Moreover, please walk me through your "I'll take my ball and go to Canada" ultimatum : if you don't employ a single American, why should Americans care about this particular threat? Are your contributions to the local economy that significant?

Surely they pay taxes locally, no?

Like Apple? lol

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#97

Post by lovich »

gambiting wrote: post #90
lovich wrote: post #82

Earlier quoted context omitted.

Isn't that a market based solution though? Nothing against your friend but if a company is willing to spend more on a senior than your friends company is going to pay him, that indicates that the senior is more valuable to economy

Sure, but it will lead to a solution where only top programmers at highest positions get visas? I mean, I can see the logic why some people would want it that way, but surely, there's value to be provided in hiring someone at a junior position and growing them from there?

The whole point of the h1b program was to bring the best over. Additionally I believe that if companies had any sort of interest in growing juniors as an industry wed see apprentice programs or some equivalent pop up. Hiring a junior whose on a restrictive visa seems to be entirely about cost savings

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#98

Post by jitix »

an_cap wrote: post #91
jitix wrote: post #86

As an Indian software engineer on H1B I totally support this idea. I see a lot of Indians working with the consulting companies where entire departments are staffed by H1B workers on low (65-70k) salary. That kind of work is degrading even for the engineers who don't get any raises, are overworked and have very few benefits. But this is how things are. However my main concern is that because the lawmakers don't under…

"That kind of work is degrading even for the engineers who don't get any raises, are overworked and have very few benefits. But this is how things are." My sister recently completed a coding boot-camp in NYC but had to go back to India to work as a software developer at a startup for $12,000 / year. She would LOVE to be 'degraded' by a 65k-70k job.

It depends. 12k in India is a good salary in most cities whereas 65k in New York won't even enable you to rent a studio apartment.

My last salary in India was around 15k a year and when I moved here I was initially getting 65k during probation period. Despite NC being a rather cheap place I immediately saw my relative spending power (eating out, etc) go down. The only good thing is that electronics are cheaper compared to wage levels.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#99

Post by rodionos »

zerr wrote: post #95
rodionos wrote: post #84

Earlier quoted context omitted.

If the candidate on H-4 visa is physically present in the country and is able to attend onsite interviews, this increases his/her chances and thus creates more competition with American workers.

If "specialized skills" are not sufficient for H1B, it doesn't matter where the candidate resides... And if the candidate has enough those specialized skills - what's the problem?

Free shipping matters and so does removing the logistics overhead and the risks associated with a potential candidate. Moving overseas labor right next to your door surely increases the pressure on the domestic labor market. I'm an outsider and the State Department unfortunately doesn't publish statistics on visa type transitions, e.g. how many people went from H-4 to H1-B, as well as from J-1 to H1-B. J-1 for instance is a visa type for cultural exchange and it's been known a major vehicle of abuse and illegal immigration because. J-1 has been replacing lower-skilled labor however.

Re: DOJ Cautions Employers Seeking H-1B Visas Not to Discriminate Against US Workers

#100

Post by zerr »

rodionos wrote: post #99
zerr wrote: post #95

Earlier quoted context omitted.

If "specialized skills" are not sufficient for H1B, it doesn't matter where the candidate resides... And if the candidate has enough those specialized skills - what's the problem?

Free shipping matters and so does removing the logistics overhead and the risks associated with a potential candidate. Moving overseas labor right next to your door surely increases the pressure on the domestic labor market. I'm an outsider and the State Department unfortunately doesn't publish statistics on visa type transitions, e.g. how many people went from H-4 to H1-B, as well as from J-1 to H1-B. J-1 for instan…

We are not talking about abusing of H1B, but when the candidate really satisfies the requirements and the salary offered is on par or better compared to local worker at the same level. So we agree that "importing" skilled people is good for the country.
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