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H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

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Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#271

America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world. There are 4x as many geniuses in China as in the US. This is not because they are superior genetically. This is simply because the population of China is 4x that of USA. If one in 1,000,000 people are geniuses, then China must have 4x more…

> America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world.

I agree, there is a non-quota limited O visa for temporary workers for the best and brightest [1].

>> The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

H-1B is also required for jobs that can't be filled but is definitely being abused.

The best and brightest from around the world can ALWAYS get in with no limit with the O visa [2].

>> There is a misconception about the H-1B program that it was designed to allow companies to import workers with unique talents. There has long been a visa program for exactly that purpose. The O (for outstanding) visa program is for importing geniuses and nothing else. Interestingly enough, the O visa program has no quotas.

The H-1B abuse is more a situation where large companies are abusing it to lower labor costs and wages while owning employees. It will never affect the best and brightest from working in the US by getting an O visa though.

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

[2] https://www.cringely.com/2012/10/23/what-americans-dont-know...

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#272
post #248

Earlier quoted context omitted.

So they would definitely get back on planes rather than just going rogue and trying to stay in the country and working illegally? And existing citizens would not lose out through massive oversupply problems in the labour market? I can't say I agree at all this would be of benefit to any nation willing to do this.

Like I've been saying in this thread, existing citizens are going to lose out anyway. The labor market is global. There is no way to have the government interfere in the free market to preserve jobs for certain people of certain backgrounds, and not have it backfire. It is already backfiring, in many industries. So if you care about not making existing citizens lose out—which I do!—find a solution other than protecti…

> The labor market is global.

Not for all countries! Definitely an imbalance there, and US is already pretty generous with immigration numbers. We've also seen that cheap labor does not reduce cost of living in developed countries, so importing foreign cheap labor is a loss for not-rich folks.

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#273
post #257

America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world. There are 4x as many geniuses in China as in the US. This is not because they are superior genetically. This is simply because the population of China is 4x that of USA. If one in 1,000,000 people are geniuses, then China must have 4x more…

As far as I know, while Chinese students are way more than India students in USA, Indian H1B holders are about 4~5 times more than Chinese. In short, the vast majority(about 50+%) H1Bs are taken by India, Chinese is about 10%. Indians abuses the system severely by setting up phony staffing companies and do fake multiple filings on h1b application, etc. There is a saying, that if an Indian becomes a manager, soon all…

> if an Indian becomes a manager, soon all his department becomes Indians

It can get worse. "Woman was told she’d be fired if she didn’t marry boss’s Indian relative so he could immigrate here" - [0]

0 - https://www.surreynowleader.com/news/judge-annuls-hairdresse...

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#274

Earlier quoted context omitted.

> the only condition for getting a specialist visa should be to find an employer willing to pay a specialist salary Countries in Europe do precisely this but take it slightly further. Take Ireland[0] and Sweden[1], for prime examples. For those of you who don't want to read the links: The company has to have a minimum salary (oft above the standard cost of living) for the employee to obtain (and retain) the permit. (…

It is not really a specialist salary enforced in that law. I've been living in Sweden for 5 years now, as an immigrant, soon to be citizen. The required salary quota, which is 15.000 swedish krona per month, is less than half of an average developer salary. And that thing about union, is not as bureaucratic, as you make it sound. Company has to be part of a Union as a whole, to offer work-visa for immigrants. That's…

(Jag tänka att du inte förstod min svar men jag ska skriver i engelska, så alla kan att läsa.)

>It is not really a specialist salary enforced in that law.

To which law do you refer? The minimum stated on the original page that I referred? You would be correct that it's not a specialist salary; however, to suggest that it simply does not exist would be fool-hearty. Migrationsverket has documentation specific to that[0].

>The required salary quota, which is 15.000 swedish krona per month, is less than half of an average developer salary.

An average developer's salary, where? I can tell you that the average developer's salary in Östergötland, for example, is far less than in other places in Europe.

>They dont really check each individual contract.

A "check" is vastly different that an approval, yeah? You could've easily found this information[1] yourself, as it's freely available on Migrationsverket's site.

[0] - https://www.migrationsverket.se/English/Private-individuals/...

[1] - https://www.migrationsverket.se/English/Other-operators-Engl...

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#275

America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world. There are 4x as many geniuses in China as in the US. This is not because they are superior genetically. This is simply because the population of China is 4x that of USA. If one in 1,000,000 people are geniuses, then China must have 4x more…

> America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world. I agree, there is a non-quota limited O visa for temporary workers for the best and brightest [1]. >> The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athle…

> I agree, there is a non-quota limited O visa for temporary workers for the best and brightest

Just saying, the requirements of the O visa are usually very unreasonable.

An application must satisfy 3 of the below requirements:

1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field

3. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought

4. Original scientific, scholarly, or business-related contributions of major significance in the field

5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought

6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

Afaik, this would usually put a person in the domain of top PhD student or professor. I doubt any masters/undergrad would be able to qualify for such a requirement. A PhD isn't for everyone, and IMO isn't always positively correlated with intelligence. (in that many of the smartest people have no intention of going into research /academia).

The kind of people from India who would qualify for the O-1 would usually be in the 99.99th percentile. At that point we aren't just talking about the smartest people. These people go beyond that. (at least in CS, where PhDs are very competitive)

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#276
post #215

Earlier quoted context omitted.

> an employee at google hq vs a satellite get paid different based on market rate for developers in that locale I agree but that doesn't fully explain the salary disparities. The employee at Google HQ is also worth more to Google than an employee in a satellite office, because the former will communicate more efficiently with the rest of the organization.

That argument might seem ok if you compare satellite vs. hq (tho I doubt that's actually true), but breaks down if you compare two non-hq offices (e.g. Boulder vs. Zurich).

i actually don’t think it’s ttue at all having worked at the hq and seeing people from ny and la and zurich offices. there really wasn’t any difference in value

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#277
post #257

Earlier quoted context omitted.

As far as I know, while Chinese students are way more than India students in USA, Indian H1B holders are about 4~5 times more than Chinese. In short, the vast majority(about 50+%) H1Bs are taken by India, Chinese is about 10%. Indians abuses the system severely by setting up phony staffing companies and do fake multiple filings on h1b application, etc. There is a saying, that if an Indian becomes a manager, soon all…

> if an Indian becomes a manager, soon all his department becomes Indians It can get worse. "Woman was told she’d be fired if she didn’t marry boss’s Indian relative so he could immigrate here" - [0] 0 - https://www.surreynowleader.com/news/judge-annuls-hairdresse...

Just saying, this isn't quite relevant to CS. This was a hairdresser with a business. So, the Indian person in charge was most likely not well educated. It is disingenuous to extrapolate that to H1Bs.

Secondly, this happened in Canada where Sikh/Punjabi immigration was not skill based, but rather fueled by mostly uneducated people looking for a better life. This is completely in contrast to the H1B which is a skill based employment visa.

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#278
post #275

Earlier quoted context omitted.

> America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world. I agree, there is a non-quota limited O visa for temporary workers for the best and brightest [1]. >> The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athle…

> I agree, there is a non-quota limited O visa for temporary workers for the best and brightest Just saying, the requirements of the O visa are usually very unreasonable. An application must satisfy 3 of the below requirements: 1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor 2. Membership in associations in the field for which classification is sought wh…

Yeah like I mentioned, the argument about "best and brightest" isn't really a problem, it is a common point about H-1B but there is always a way in with the O (outstanding) visa.

H-1B is for the pretty good developer or when there are labor shortages of certain skills. There is a market need for it but it is also being abused to lower wages and own people undoubtedly.

I never said H-1B wasn't needed nor am I against immigration. But the argument that with less H-1Bs the best and brightest wouldn't get in is not correct. The O visa are always there for that and a separate line. The H-1B line is a line that is the pretty good and needed extra labor to fill shortages, but again, ripe for abuse. That is why it has quota to begin with, without quotas I have no doubt companies like Oracle would have large percentages of their workers if not all as H-1Bs.

Ultimately H-1B could be expanded and made easier even if companies didn't abuse it. One way to change this is allow H-1Bs to change companies, though I am sure this would be abused by middle man contracting companies as well. So ultimately a quota is the only failsafe for abuse. The problem isn't immigration/temporary workers, it is companies using it to lower wages and that harms all workers domestic and foreign and at a macro level our entire economy.

Side note your items some of them are merged full list (8 where 2-8 are pretty doable with 5-8 even more doable for the truly best and brightest):

> 1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

> 2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field

> 3. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought

> 4. Original scientific, scholarly, or business-related contributions of major significance in the field

> 5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought

> 6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence

> 7. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought

> 8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#279
post #257

America is the most powerful nation in the world today not because it has the most number of people, but because it has the best and the brightest, gathered from around the world. There are 4x as many geniuses in China as in the US. This is not because they are superior genetically. This is simply because the population of China is 4x that of USA. If one in 1,000,000 people are geniuses, then China must have 4x more…

As far as I know, while Chinese students are way more than India students in USA, Indian H1B holders are about 4~5 times more than Chinese. In short, the vast majority(about 50+%) H1Bs are taken by India, Chinese is about 10%. Indians abuses the system severely by setting up phony staffing companies and do fake multiple filings on h1b application, etc. There is a saying, that if an Indian becomes a manager, soon all…

English language proficiency is the reason Indians are doing better than Chinese.

Re: H-1B: Oracle favored hiring foreign graduates of US colleges over American grads

#280
Duh! It is 1/3 the cost (bullshit aside) for someone from a culture of hunger, hard work, desperation, and oppression. That makes them easy to work very hard, unlikely for them to push back, and so they have superior output for 1/3 the price. There is no book-cooking megacorp in the US that doesn't prefer H1b to citizens with the same qualifications. Not one.

A "competitive" work schedule in China is 9-9-6, or 9am to 9pm for 6 days a week. That means "normal" is a 72 hour work-week plus commute. A 40-hour work week, is comparatively cake. The 72 hour work-week is 80% increase over a 40 hour work-week. The HR ghouls say imagine salaried employees being glad to work 80% more hours, including nights or weekend hours, for the same pay: amazing; sold!

The book-cooking for h1b is intense, but after talking personally with a dozen or so folks, they really do only take home about 1/3 to 1/2 what their peers do. There is bs about job duties, titles, responsibilities, but that is just folks trying to pay the lowest price for a commodity worker. I've seen several fortune 100 companies say they prefer "low cost geo's" as much as h1b so that gives a second population with similar pricing. It is open knowledge that engineers in Malaysia, India, or Costa Rica are paid 1/3 of US wages for what is, as far as HR can tell, the same job. They do the same job, and get a lot lower wages for it.

When someone was bullied as a child, they are easier to bully as an adult. Stupid/evil/inept bosses love employees who they can abuse without pushback. Folks from cultures of oppression aren't going to report safety issues to safety folks. They aren't going to report managerial violations to those who police managers. They are non-reporting victims. The HR ghouls see them as "don't make waves" or "get along" and the hiring managers see them as "easy prey". In grad school there were prof's who wouldn't let overseas grad students get even a short break to attend their own mothers funeral, and those guys got away with it. That is "liberal academia" and not the underbelly of corporate/industrial America. Think about what that means for bully-bosses in the workplace.

It isn't going to change unless the value of the commodity can be forced into a competitive market, where the price will go toward actual parity, and the rate of preference will go to parity with citizens. Until that, h1b is the lottery where the only way to lose is not to play.

There is one and only one solution, and it is a lottery. If it becomes an auction, then the h1b prices will double or triple - that is to day they will go up to parity for US wages for the same job.

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