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New Evidence USCIS Policies Increased Denials Of H-1B Visas

forbes.com

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Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#51

Post by NTDF9 »

dmode wrote: post #44
__sr__ wrote: post #34

Broadly speaking, there are two types of H1B applicants[1]: 1. Applicants being hired directly by US companies like Amazon, Google, Microsoft etc. These applicants have either worked for a while at one of their offshore subsidiaries or were hired directly after a thorough interview process. They are typically paid on par with their US counterparts. These applicants are usually very good at what they do — regardless o…

Both me and my wife fall in category 1, but were unceremoniously denied H1 visa extensions this year. Both of us have Master's degree in the US. As you would note from other comments in this thread, there is a lot of misunderstanding about H1B among Americans. For most people H1B = cheap, which is grossly incorrect

@dmode what did you and your spouse end up doing?

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#52

Post by fooker »

User23 wrote: post #25
fooker wrote: post #23

Earlier quoted context omitted.

>even uneducated Americans are actually pretty smart, more than smart enough to know when they're being lied to. How do you explain the enormous viewership of Fox news?

Their competition is incompetent.

How is their competition relevant for determining whether they are lying?

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#53

Post by amf12 »

__sr__ wrote: post #34

Broadly speaking, there are two types of H1B applicants[1]: 1. Applicants being hired directly by US companies like Amazon, Google, Microsoft etc. These applicants have either worked for a while at one of their offshore subsidiaries or were hired directly after a thorough interview process. They are typically paid on par with their US counterparts. These applicants are usually very good at what they do — regardless o…

> I don’t know exactly how this can be solved completely.

One thing I don't understand is why there is no ranking of all the H1-B applications? Score and sort all the applications based on some metrics like education, compensation, work exp, company, etc.

Currently, applications are picked using a lottery. This does not make sense for an employment based visa! I know so many good engineers from Amazon, Microsoft, Google, etc who did not get their applications selected in the lottery after they studied and worked here and had to be moved to another country.

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#55

Post by kamaal »

User23 wrote: post #39
__sr__ wrote: post #38

Earlier quoted context omitted.

That was meant as a joke. While I agree that there are many incompetent people who have abused H1B and other such systems, I prefer to judge people on their individual merits and avoid stereotyping. I have worked with both the extremes. See my longer response to the OP

I've never worked with a native employee with this particular defect for any appreciable length of time. They always get let go. The H-1Bs however, in my experience, don't. Why might that be?

>>The H-1Bs however, in my experience, don't. Why might that be?

When given the opportunity, the learn and perform.

Also they work for whatever salary you offer, do not complain, do overtime and weekends whenever demand and most importantly do not complain.

Learning to write bash scripts isn't that hard. Finding people grateful enough for the opportunity offered, who work to make you and them win is hard.

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#56

Post by commandlinefan »

grad_ml wrote: post #5

From the article a)approximately 80% of full-time graduate students in computer science and electrical engineering at U.S. universities are international students. b)Economists Giovanni Peri, Kevin Shih and Chad Sparber notes “A 1 percentage point increase in the foreign STEM share of a city’s total employment increased the wage growth of native college-educated labor by about 7–8 percentage points and the wage growt…

> approximately 80% of full-time graduate students in computer science and electrical engineering at U.S. universities are international students.

Just 80? LOL, that sounds low to me. I did an MSCS at a U.S. university in 2005, and I was one of two U.S. citizens in the entire _program_. I took multiple courses where I was the only U.S.-born person in the room, including the professor.

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#57

Post by commandlinefan »

akhilcacharya wrote: post #40
gaius wrote: post #19

Earlier quoted context omitted.

whose appeal is not specialization but simply being cheap If there was genuinely a shortage of tech workers there would be no ageism (or any other sort of -ism) nor would there be these elaborate multi-day hoop-jumping interviews.

Why? There is a legitimate reason for having a high hiring bar. Obviously this doesn’t make ageism or discrimination acceptable of course.

If we were actually hard to come by, we wouldn't be crammed elbow-to-elbow in noisy open offices like herds of cattle.

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#58

Post by heedlessly3 »

commandlinefan wrote: post #56
grad_ml wrote: post #5

From the article a)approximately 80% of full-time graduate students in computer science and electrical engineering at U.S. universities are international students. b)Economists Giovanni Peri, Kevin Shih and Chad Sparber notes “A 1 percentage point increase in the foreign STEM share of a city’s total employment increased the wage growth of native college-educated labor by about 7–8 percentage points and the wage growt…

> approximately 80% of full-time graduate students in computer science and electrical engineering at U.S. universities are international students. Just 80? LOL, that sounds low to me. I did an MSCS at a U.S. university in 2005, and I was one of two U.S. citizens in the entire _program_. I took multiple courses where I was the only U.S.-born person in the room, including the professor.

for Computer Science, domestic students usually don't need a masters if they already have an undergrad CS degree. For international students, they usually obtain a masters for visa reasons and to stay competitive against domestics in the American job market.

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#59

Post by lcavsh1b »

mavelikara wrote: post #45
whath1breal wrote: post #31

Earlier quoted context omitted.

I don't think the violations of H1-b law are coming from the clause you quoted. It's coming from the parts about: 1) the employer must try to hire Americans first for the job and needs to be able to show that they haven't been able to hire Americans for the job 2) if the employer laid off people in essentially similar jobs recently before or after the H1-b application, the application is not supposed to go through 3)…

My understanding is that in your list: #1 - the employer must try to hire Americans first for the job - is not true. The employer need to only attest that the employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed. #2 - if the employer laid off people in essentially similar jobs recently before or after the H1-b application, the application is not supposed to go t…

They are requirements of the Labor Condition Application (LCA), and the LCA is a requirement for the H1-b, so it is correct to talk about them as requirements of the H1-b. It's not a green card thing. http://www.visapro.com/resources/article/h1b-labor-condition...

Re: New Evidence USCIS Policies Increased Denials Of H-1B Visas

#60

Post by mavelikara »

lcavsh1b wrote: post #59
mavelikara wrote: post #45

Earlier quoted context omitted.

My understanding is that in your list: #1 - the employer must try to hire Americans first for the job - is not true. The employer need to only attest that the employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed. #2 - if the employer laid off people in essentially similar jobs recently before or after the H1-b application, the application is not supposed to go t…

They are requirements of the Labor Condition Application (LCA), and the LCA is a requirement for the H1-b, so it is correct to talk about them as requirements of the H1-b. It's not a green card thing. http://www.visapro.com/resources/article/h1b-labor-condition...

LCA is a requirement for H-1B, and thus you are right that it is correct to talk about requirements for LCA as requirements of the H1-B. But, you are wrong that those listed by the GP are indeed requirements for LCA. From the link you posted:

    The Labor Condition Application (LCA) contains basic wage 
    and location information about the proposed H1B employment. 
    The LCA contains the rate of pay, period of employment, and 
    work location.

    It also contains four standard attestations that the employer 
    must make.
Those four are listed in the link I posted earlier [1]. 2 out of the 3 the GP listed do not form part of the attestations.

Again, are you confusing LCA [2] with labor certification [3]?

[1] https://en.wikipedia.org/wiki/H-1B_visa#Employer_attestation...

[2] https://en.wikipedia.org/wiki/Labor_Condition_Application

[3] https://en.wikipedia.org/wiki/Labor_certification

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