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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’

#81

Post by usaphp »

deminature wrote: post #57
fernandopj wrote: post #44

Earlier quoted context omitted.

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...

You can just provide the money without actually doing any leg work in hiring or managing the business itself. As far as I know you get a list of businesses that require funding and you will pick which one you will fund

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

#82

Post by conanbatt »

Uhhrrr wrote: post #77
abc_lisper wrote: post #20

Earlier quoted context omitted.

:) 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…

This is why H1B's should be auctioned, to kill the body shops which are gaming the current lottery system.

Or eliminate the cap altogether and never talk about this problem ever again.

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

#83

Post by usaphp »

scarejunba wrote: post #49
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.

It's a million dollars now. They changed it.

It says $500,000 investment in a rural area will do it: https://travel.state.gov/content/travel/en/us-visas/immigrat...

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

#84

Post by conanbatt »

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.

Why stop at immigration restrictions then, just jail and confiscate all the goods from immigrants.

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

#85

Post by conanbatt »

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?

The rich also get the protection from competition from abroad. There is an unlimited visa for nannies, but limited for doctors, lawyers and software engineers.

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

#86

Post by satya71 »

yazan94 wrote: post #34
nerdponx wrote: post #17

Earlier quoted context omitted.

I don't even understand the point of H-1B being tied to a specific employer or job title.

I think the idea is that the H1B isnt a general 'work visa', it is given because there is a position at a company for a worker with a specific skillset. So it makes sense in that framework. I'm not arguing that this is the right way, just what the reason probably is.

You have to see how laws are made in the US. They are written by lobbyists/corporate lawyers (the lawmakers have stopped pretending otherwise these days). For the company, it totally makes sense. They spent something upfront (H-1B fees and uncertainties are non-trivial), so they want a guarantee that this person cannot change jobs easily. That the lock-in is for 6-years is just pure power-play.

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

#88

Post by conanbatt »

faang34253 wrote: post #71
nullspace wrote: post #35

Earlier quoted context omitted.

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?

With that kind of salary, you could just quit working for others and lead pretty luxurious (or frugal, or just basic, whatever floats your boat) life almost everywhere until you die. Okay, some of us got the real "dream job" and that's the way they want to live this life, so whatever. But, if not spending everything on coke one should have several millions on investments at this point. And that makes literally buying…

Equality under the law and all really goes out the window with this thinking.

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

#89

Post by rayiner »

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…

An H1-B visa holder is, under the statute, a "non-immigrant alien" who is "temporarily" in the United States to perform a specialized occupation. 8 USC 1101(a)(15)(H)(1)(b). The fact that it's tied to a specific job is by design. H1-B is not intended to be an immigration path for skilled workers. (The fact that it is often used that way is just a by-product of the fact that the U.S. allows almost all non-short-term visa holders to apply for a green card. But H1-B was not created as a stepping stone toward that process, and its requirements are not really geared toward making it easy to serve as a "staging" ground for green card applicants.)

Does the U.S. need a real skilled immigrant visa? Maybe. That's really a separate question.

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

#90

Post by tbyehl »

Why should anyone sympathize with someone who came here on what was supposed to be a non-immigrant visa tied to a particular job and then changes their mind about immigrating / the job?

The whole immigration system sucks, and especially H1-B, but let's not pretend only some of the players are gaming it. Everyone is.

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