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H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

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Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#51

Post by techie128 »

You'll notice that this person (Usha Sagarwala) doesn't show up on LinkedIn or has any online presence. That is because most consultancies have a playbook for these H1B employees which includes falsifying their resume and work experience in order to secure not only a visa but also a client. This is not anecdotal but a widespread problem specifically affecting consulting companies (a.k.a body shops). Here's an example where a student on an F-1 (Student) visa was denied entry when CBP determined he had lied: https://www.happyschools.com/h1b-visa-deported-port-entry/ This is a well oiled racket that many people have been running for a while now. Here's an example where feds brought these people down: https://www.mercurynews.com/2018/09/03/h-1b-fraud-indian-ceo...

There is a lot of fraud in the H1B, EB5 and EB1C visa programs. The administration has tried to crack down on it consistently but the Trump administration has been the most vigorous in its enforcement so far. However, this fraud requires legislative fixes which haven't come in yet. Simple fixes like H1Bs can be used only for direct employees and not for consulting purposes would be a huge boon to American companies. Another fix would be to raise the minimum salary which after 30 years of running the program is still at 65K USD. It will have immediate, positive impact by closing the loopholes used for exploitation.

This sort of fraud is also a big reason why people are stuck in years long backlogs for their employment based greencards.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#52

Post by paxys »

m0zg wrote: post #25
wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

You only have to do that if your new job is significantly different than your existing one. You do have to notify the government (USCIS probably) that you're changing jobs, bu that's not "visa application process again" if your new job is similar, and you're unlikely to be denied. Job changes are very dangerous for H1-Bs in other ways and employers know it (and abuse it, nearly all of them). Basically if your employe…

It isn't a "notification", you still have to file for a new visa regardless of how similar the new position is. And it can very well be denied. The only concession is that you won't be subject to the annual limit and won't have to go through the lottery.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#53

Post by trilila »

abc_lisper wrote: post #20
wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

:) I am in US for 18 years now, have a master's degree and work at a FANG company, and don't have a GC yet. I am not saying this to seek sympathy, but things are way worse than they look. The system is gamified by outsourcing companies and body shops, that are more worried about their people in, play the numbers game and clog the H-1B and GC routes, make it difficult for everyone who is trying to do quality work with…

[flagged]

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#54

Post by frankchn »

m0zg wrote: post #25
wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

You only have to do that if your new job is significantly different than your existing one. You do have to notify the government (USCIS probably) that you're changing jobs, bu that's not "visa application process again" if your new job is similar, and you're unlikely to be denied. Job changes are very dangerous for H1-Bs in other ways and employers know it (and abuse it, nearly all of them). Basically if your employe…

Your new employer has to file a H1B petition de novo, with the only difference that you are not subject to the lottery any more. USCIS may well take the view that your new job, even if it is doing the same thing, is not a specialty occupation any more.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#55

Post by kelnos »

wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

Putting aside for a moment the insane fact that someone can be in the green card queue for even six years (and I know people who have been in it for much longer), I don't see this as unreasonable. If you've had an H-1B approved for a particular kind of job, and then try to go work for one of the body-shop consulting/outsourcing firms, that absolutely should not be allowed.

These firms have been abusing the H-1B system for years, giving the visa (and often the workers who have it) a bad name.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#56

Post by product50 »

nullspace wrote: post #35
throwaway082729 wrote: post #19

Earlier quoted context omitted.

I've been here for 17+ years, earn $650k/yr and I'm still in the same boat. I'm at the mercy of the govt. if I want to change jobs. Moreover, I need to restart the labor certification process and reapply for my green card though I get to keep the same priority date. There's no end in sight i.e. I cannot predict when I'll get my green card due to the per-country cap and backlog. Worse, I cannot quit and take time off…

Honestly, with that kind of salary - it feels like you could save up enough to get to an EB-5 investors category, which have far shorter waiting times, correct? Or am I mistaken?

EB-5 for Indians has a 3+ yr timeline now and you have to shell out at least $500k. And there is no guarantee you will get approved.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#57

Post by deminature »

fernandopj wrote: post #44
usaphp wrote: post #39

Earlier quoted context omitted.

Why not get an investor visa? It's easily convertible to green card according to several people I know who did it. You only need $500K or so for the whole thing. And investment money were returned even with some profit.

As I recall it doesn't even need to be $500k upfront, you have to (show/prove) you'll invest that and generate jobs in a couple of years.

You have to prove you'll create jobs for a minimum of 10 U.S. citizens, which sounds somewhat nontrivial.

https://travel.state.gov/content/travel/en/us-visas/immigrat...

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#59

Post by trilila »

wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

The silliest immigration visa for skilled workers in the western world.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#60

Post by product50 »

throwaway082729 wrote: post #19
wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

I've been here for 17+ years, earn $650k/yr and I'm still in the same boat. I'm at the mercy of the govt. if I want to change jobs. Moreover, I need to restart the labor certification process and reapply for my green card though I get to keep the same priority date. There's no end in sight i.e. I cannot predict when I'll get my green card due to the per-country cap and backlog. Worse, I cannot quit and take time off…

Surprised this is getting downvoted. These types of salaries are somewhat common in FANG companies for senior engineers and it is common for some of them (depending on their nationality) to still wait for the green card for 15+ yrs. I know people here won't like the truth but this is the current reality for Indian citizens legally immigrated in US.

On the other hand, it is actually easier to get a green card if you are an illegal immigrant - which is the real thing that boggles my mind. I was talking to an Uber driver the other day who was from Congo but came illegally to US and got his green card within 2 yrs. Not saying that the Congo folks shouldn't get green cards but a high skilled legal immigrant, who is able to command $300k+ in salary (which is sufficiently high to categorize them out of the IT body shop type work), is someone US should try to value at least as much (if not more) vs. an illegal immigrant.

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