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H-1B visa shift may favor tech companies

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Re: H-1B visa shift may favor tech companies

#111

Post by aristophenes »

We have a simple system we use to determine the value of many things. Money. Whichever applicants are bringing in the highest salary should be picked. It’s kind of crazy that a genius with specialized skills is in the same process as the warm bodies the outsourcing firms are dumping in there.

Salaries should be paid a year in advance to the government, who then passes it to the workers, to ensure the high salary is real. Then, so the workers aren’t locked, slavelike, into a particular company, they should have the option to stay in the country for at least the amount of time they were working, looking for a new job. Starting with a year minimum. And their visa stays with them, not the company, subject to minimum salary requirements.

Re: H-1B visa shift may favor tech companies

#112

Post by Sreyanth »

Might be an unpopular opinion, but I think H1B should slowly move to something like an EB1, where candidates can file a self-petition (but without immigration intent, and apply for a regular GC after a few years if they really want to immigrate). They can set some criteria for testing 'high skills'.

This way, a candidate can choose a company based on their interest and skill set match, rather than filtering by whether a company sponsors a H1B.

Sure, even EB1 is being gamed, but at the very least this is a fair chance to candidates.

- Eliminating the not-so-random 'lottery'

- Avoiding the body shops or the so-called fake consulting companies where students go for their OPT

- Eliminate the need to succumb to the whims of employers just to get a visa sponsorship

- Companies, big or small, need not worry about not hiring skillful employees, just because 'it is a looong and random process'

- Not entirely based on higher salaries. Sure, a high salary is a pseudo metric to indicate high skill, but what about early stage startups? This eliminates that unfair advantage

Re: H-1B visa shift may favor tech companies

#113

Post by nnd »

Sreyanth wrote: post #112

Might be an unpopular opinion, but I think H1B should slowly move to something like an EB1, where candidates can file a self-petition (but without immigration intent, and apply for a regular GC after a few years if they really want to immigrate). They can set some criteria for testing 'high skills'. This way, a candidate can choose a company based on their interest and skill set match, rather than filtering by whethe…

This already exists - the O-1 visa. EB1 is a green card type, you are confusing visas with residency permits here.

Re: H-1B visa shift may favor tech companies

#115

Post by Sreyanth »

nnd wrote: post #113
Sreyanth wrote: post #112

Might be an unpopular opinion, but I think H1B should slowly move to something like an EB1, where candidates can file a self-petition (but without immigration intent, and apply for a regular GC after a few years if they really want to immigrate). They can set some criteria for testing 'high skills'. This way, a candidate can choose a company based on their interest and skill set match, rather than filtering by whethe…

This already exists - the O-1 visa. EB1 is a green card type, you are confusing visas with residency permits here.

I don't think you can self-petition for an O-1 without job offer (at least that is what I remember). Just checked again, just to be sure [0].

I didn't suggest a new category in EBX, I said something similar for a visa where one can self-petition without a job offer, get the visa and work for whichever company she wants to work for, all without a need for an employer sponsorship. "self-petition without a job offer" being the key phrase.

[0] https://www.uscis.gov/working-united-states/temporary-worker...

Re: H-1B visa shift may favor tech companies

#116

Post by nnd »

Sreyanth wrote: post #115
nnd wrote: post #113

Earlier quoted context omitted.

This already exists - the O-1 visa. EB1 is a green card type, you are confusing visas with residency permits here.

I don't think you can self-petition for an O-1 without job offer (at least that is what I remember). Just checked again, just to be sure [0]. I didn't suggest a new category in EBX, I said something similar for a visa where one can self-petition without a job offer, get the visa and work for whichever company she wants to work for, all without a need for an employer sponsorship. "self-petition without a job offer" be…

Technically you need a registered company to "sponsor" you, but it can be your own company, where you are CEO and have 100% ownership. In the end, it's just a formality, the visa is granted on a personal basis. Compared to H1B where USCIS relies on a company to establish your credibility as a skilled worker, with O-1 they evaluate credibility themselves via multiple factors mostly involving peer validation (i.e. publications, articles, etc).

So yes, technically you need a job offer for O-1, but it's just a formality. Personally, I agree that it doesn't make much rational sense either, but then again barely anything makes sense when it comes to (US) immigration laws.

Re: H-1B visa shift may favor tech companies

#117

Post by jefftk »

We should auction these spots off, so the companies which get the most economic value from bringing people in can do so. I like implementing this by ordering applications by salary, but you could also have some part go to the government.

Re: H-1B visa shift may favor tech companies

#118

Post by yholio »

>Graham said he will recommend clients prepare their full cases as they normally would. That means hiring an immigration attorney, collecting the necessary documents

I don't understand, why is this whole heavy bureaucracy necessary? The employer should pledge to pay an above average paycheck and the respective taxes, say 100K for 5 years, and the employee should commit to maintain employment to either his sponsor or any other employer willing to pay him at least say 75% of the original pledge, with a decent job seeking hiatus.

This creates a nice market dinamic where only highly skilled people are brought in, because their skills make them valuable on the labour market guaranteing their future employment, without abusing their circumstances or depressing the wages of lower skilled nationals.

In retrospect, this could never fly because it also affects professions with strong lobbies, like doctors. The lobbies in tech are one-sided to the employers interests, which of course need to sell a "tech labour crisis" before they are allowed to depress the wages of their own laborers. Cue in bureaucrats and bottom feeders.

Re: H-1B visa shift may favor tech companies

#119

Post by mynameishere »

davidw wrote: post #24
jlarocco wrote: post #21

Duh. H-1B has always favored tech companies because it increases the labor supply and indirectly decreases salaries. Perfect example of how companies only want free markets when it benefits them. Honestly, I was hoping Trump would end the entire program, but who am I kidding? Google and friends spend way too much on lobbying for that to happen.

You realize that those companies will just open up offices elsewhere if they can't bring people here, right?

You realize that most people opposed to mass immigration are okay with that, right?

It's not a compelling argument. Let them open offices back home. Fine. You have your office, and we'll still have a country.

Re: H-1B visa shift may favor tech companies

#120

Post by godelmachine »

repsilat wrote: post #106
godelmachine wrote: post #104

Earlier quoted context omitted.

I see, but can't they do that anytime they want? I mean, they can do it by 50% even if they so wish, why aim for 16%?

They're not aiming for 16%. They're not changing any of the numbers involved, they're just changing the order of two dice rolls. It's a creative little rejig they probably hadn't thought to do before (or perhaps previous administrations hadn't wanted to do it before.)

Now the clouds are parting. Thanks for your explaination :)
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