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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’

#91

Post by conanbatt »

Im amazed at the level of protectionism expressed in this thread, in this community.

I will make an argument for the cynics that believe they should be protected from competition: that immigration restrictions and caps like the H1B curtail the freedom of Americans to buy services from who they want to. American people that run American businesses are prohibited from hiring people they believe to be best suited for the job.

There is not "gaming" the visa or "outsourcing companies". US consumes software engineers from abroad at 100x its software engineer immigration, only that they don't pay taxes to the US and export close to 100% of the their trade. It would be much better for the us to bring the people inside America to pay taxes and provide more value for Americans.

Incredible to see software engineers buying an apple phone made in china and argue that Americans should not be able to employe chinese software engineers.

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

#92

Post by abc_lisper »

tbyehl wrote: post #90

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.

H-1B is dual-intent.

https://en.wikipedia.org/wiki/Dual_intent

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

#93

Post by m_samuel_l »

rayiner wrote: post #89
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 v…

H1B is a dual intent visa

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

#94

Post by duxup »

jmpman wrote: post #79
duxup wrote: post #46

Earlier quoted context omitted.

Maybe it should be a bidding process ;) Want the spot, spots are starting at 120k...

The spots should be bid on, and the revenue should be used for STEM education scholarships of US citizens in the field the job was awarded in. The market is indicating that there’s a demand for the skill, so let’s increase supply with “cheaper” US citizens who aren’t going to be costing their employers for the spots.

Oh I like that.

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

#95

Post by pnw_hazor »

conanbatt wrote: post #91

Im amazed at the level of protectionism expressed in this thread, in this community. I will make an argument for the cynics that believe they should be protected from competition: that immigration restrictions and caps like the H1B curtail the freedom of Americans to buy services from who they want to. American people that run American businesses are prohibited from hiring people they believe to be best suited for th…

Trump has proposed merit based immigration which would reduce the need for H1B non-immigrant visas.

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

#96

Post by Rch_East »

The H-1B program is so flawed I wonder if it would be better to just cancel it.

Replace it with a program which prioritises America's military and cultural allies: UK, Canada, Australia, New Zealand, South Korea, Japan. Set a minimum salary of $100,000 and let anyone born in (and a citizen of) those countries in.

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

#97

Post by Bhilai »

rayiner wrote: post #89
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 v…

> Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990.

https://www.uscis.gov/sites/default/files/USCIS/About%20Us/E...

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

#98

Post by notyourday »

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?

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

Compared to a dishwasher? Absolutely.

This is not 1800 and we do not need to dig trenches using shovels for which we just need bodies. That's also why Patel, the senior software engineer at FAANG, is making $650k/year in total compensation while Jose who is a custodian cleaning FB's office is making $40k/year.

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

#99

Post by rayiner »

Bhilai wrote: post #97
rayiner wrote: post #89

Earlier quoted context omitted.

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 v…

> Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. https://www.uscis.gov/sites/default/files/USCIS/About%20Us/E...

You’re mixing up two different things. “Dual intent” just means that you don’t lose your eligibility for a temporary status visa (which requires you to have intent to return to your home country) by filing for a green card. It basically allows you to express cognitive dissonance about your immigration intentions. That does not mean that the H1-B visa itself is not a temporary visa. The H1-B program itself remains designed for temporary workers.

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

#100

Post by fred_is_fred »

conanbatt wrote: post #91

Im amazed at the level of protectionism expressed in this thread, in this community. I will make an argument for the cynics that believe they should be protected from competition: that immigration restrictions and caps like the H1B curtail the freedom of Americans to buy services from who they want to. American people that run American businesses are prohibited from hiring people they believe to be best suited for th…

Until other countries also decide to drop all their protections we'd be suckers to do it first.
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