Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

mercurynews.com

Post reply on HN
Print view View original

61–70 of 235 posts

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

#61

Post by HBKXNCUO »

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…

She lived in a foreign country run by foreigners and administered by a government created for the sole purpose of serving the interests of those foreigners and their posterity. If those foreigners have decided for whatever reason to restrict access to the labor markets in their country, how is it "bad" for their government to enforce that?

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

#62

Post by kmonsen »

Mountain_Skies wrote: post #40
koolba wrote: post #21

Earlier quoted context omitted.

What's awesome about this approach is that it naturally leads to max revenue for the government as well. The only counter I've heard to it is that Joe's Tech Corp in Podunk, USA cannot compete with big city salaries and would never be able to get any filled. Though I see that as a feature not a bug.

Not all tech workers are created equal and not all companies need tech rock stars. Joe's Tech Corp would be priced out of the H1B market but could still compete for talent in the citizen pool. Different talent levels come with different compensation requirements. I'm trying to come up with the most charitable interpretation of your last sentence but am failing. Was it meant as a "let them eat cake" statement for not…

Money is how we as a society have chosen to decide how resources are allocated. Why would we decide to be 'socialist' here and say use a lottery or some other stupid way?

I'm totally amazed how often the US come up with ways for the rich to have the benefits of socialism and the or to have the consequences of capitalism.

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

#63

Post by ra7 »

product50 wrote: post #60
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…

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 a…

Most highly skilled legal immigrants would have also invested time and money for a US graduate education, often taking out big education loans. So if an illegal immigrant is getting a permanent residency within 2 years and a highly skilled legal immigrant is waiting 10+ years, the system is severely broken and unfair.

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

#65

Post by refurb »

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…

Considering the average US citizen has a median income of $50K, it's kind of hard to feel sorry for you.

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

#66

Post by leakybit »

product50 wrote: post #60
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…

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 a…

So the rich are more entitled to get a green card?

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

#67

Post by paxys »

kelnos wrote: post #55
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 syste…

Six years would be a blessing. Most people I know have been waiting 10 years or longer. The green card queue for the vast majority of applicants today is essentially infinite, even if you stay in the same job at the same company.

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

#68

Post by Bhilai »

refurb wrote: post #65
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…

Considering the average US citizen has a median income of $50K, it's kind of hard to feel sorry for you.

OP is not stopping anyone from pursuing higher education or working hard or getting a high paying job, they are merely describing their experience of the broken system and not asking for your sympathy.

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

#69

Post by paxys »

leakybit wrote: post #66
product50 wrote: post #60

Earlier quoted context omitted.

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 a…

So the rich are more entitled to get a green card?

Highly skilled people should be more entitled to a green card (and that often corresponds to highly paid)

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

#70

Post by jimbob45 »

yazan94 wrote: post #29

TL;DR: The student was denied an H1B for a QA Tester role, which requires a BS in a computer-related field. The argument was that this qualifies as a specialty occupation. The judge rightfully told her to pound sand. @privateSFacct has a good point - there are plenty of international students that get their masters degree here in America and they should definitely be getting better treatment. I really don't think tha…

I'm to believe that it was necessary to bring in an immigrant to fill in a QA position? The point of the program should be to fill positions that we can't possibly (or can't reasonably) fill with a US worker. Using an immigrant for a low-skill job like this just lowers the average wage and depresses our economy when she inevitably leaves back to her home country with her acquired skills and money.
Post reply on HN